Bill Summary for H 111 (2015-2016)

Summary date: 

Feb 24 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 111 (Local) Filed Tuesday, February 24, 2015
AN ACT TO ALLOW THE RECALL OF MEMBERS OF THE STANLY COUNTY BOARD OF EDUCATION.
Intro. by Burr.

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Bill summary

Allows members of the Stanly County Board of Education to be removed from office through a petition process.  Allows any registered voter of the Stanly County School Administrative Unit to file an affidavit with the Stanly County Board of Elections containing the name of the official sought to be removed and a general statement of the grounds alleged for removal. Requires the supervisor of elections to then deliver to the registered voter making the affidavit copies of petitions for demanding the removal. Requires a copy of the petition to be promptly delivered to the Superintendent of the Stanly County School Administrative Unit, who must enter the copy of the petition in a record book kept for that purpose in the office of the superintendent. Specifies that a recall petition must be returned within 30 days after the filing of the affidavit and, must bear the signatures of at least 15% of the registered voters of the school administrative unit. Sets out further requirements concerning the petition signatures.

Requires the Stanly County Board of Elections to investigate the sufficiency of any petition and certify the results of the investigation to the Stanly County Board of Education. Requires that the investigation and issuance of the certification of the investigation results occur within 15 days after the filing of any petition. Allows a petition that is shown to be insufficient to be amended within 10 days from the date of certification. Specifies the procedure for re-review of an amended petition. Requires, when a sufficient recall petition has been submitted, that the Stanly County Board of Elections fix a date for holding a recall election. Sets the time period during which the recall election must be held. Specifies information that must be included in the required notice of election. Requires the reasonable costs of the election to be reimbursed to the Board of Elections by the school administrative unit. Specifies the question that must be presented on the ballot.

Provides that if less than a majority of the votes cast on the question of recalling an official are for recall, the official continues in office for the remainder of the unexpired term; if a majority of the votes are for the recall of the official designated on the ballot, the official must be deemed removed from office.

Provides the procedure for filling a vacancy that results from a recall election. Prohibits recall petitions from being filed during the term of office against an officer who has been subjected to a recall election and not removed the election, and during the first or last six months of the term of that office. 

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