Bill Summary for H 291 (2011-2012)

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Summary date: 

Apr 11 2011
S.L. 2011-156

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 291 (Local) Filed Wednesday, March 9, 2011
Intro. by Cook.

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Bill summary

House committee substitute makes the following changes to 1st edition.
Amends Section 4.8 of the Belhaven Charter, clarifying that the mayor and members of the Board of Aldermen (rather than the Town Council) are subject to removal, and that an officer is removed upon the filing of a sufficient recall petition and the election of another person in a recall election (rather than a sufficient recall petition and the affirmative majority vote on the question of removal). Requires the recall petition to contain a general statement of the grounds for removal, and to bear signatures of at least 25% (rather than 20%) of Belhaven registered voters. Deletes the sample ballot language and timeline for the recall election, and instead states that an election for the remainder of the unexpired term will be held not less than 60 days nor more than 120 days after the board of elections certifies a recall petition as sufficient. Specifies guidelines for the election, and provides that the election will be conducted under the nonpartisan and runoff election method in GS 163-293, except as detailed. States that any person subject to removal may be a candidate to succeed himself, and the incumbent’s name will be placed on the official ballot unless the incumbent requests otherwise. If the incumbent is not elected, the incumbent is deemed removed when the successor takes the oath of office. Clarifies that no petition to recall an officer may be filed within six months of the officer’s election or within seven months before the officer’s term expires. Makes clarifying, technical, and conforming changes.