Bill Summary for H 366 (2011-2012)

Summary date: 

May 12 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 366 (Public) Filed Tuesday, March 15, 2011
TO PROVIDE THAT EXCEPT IN THE CASE OF AN EMERGENCY COUNTY SPECIAL ELECTIONS MAY BE HELD ONLY ON THE DATE OF THE GENERAL ELECTION AND MUNICIPAL SPECIAL ELECTIONS MAY BE HELD ONLY ON THE DATE OF THE GENERAL ELECTION OR THE DATE OF THE MUNICIPAL GENERAL ELECTION.
Intro. by H. Warren, Cleveland, Brawley, Bradley.

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Bill summary

House committee substitute makes the following changes to 1st edition. Deletes previous amendments to GS 163-287 and amends GS 163-287, as amended by SL 2011-31, to require a special election called by a county, municipality, or special district to be held at the same time as any other state, county, or municipal general election. Creates new subsections (c) and (d) to exempt the following from the requirement: (1) Special elections related to the public health or safety if the governing body adopts a resolution stating the need for the special election at a different time from the general election and (2) Municipal incorporation or recall elections pursuant to a local act of the General Assembly.
Enacts new GS 163-3 to require special elections be conducted as required by GS 163-287.
Enacts new GS 163-14, to provide that if a vacancy in elective office is to be filled by appointment by the county board of commissioners, the board instead may call a special election, in compliance with GS 163-287, to fill the office for the remainder of the term in a manner the board directs, with the election to be conducted by the county board of elections. Directs the board of county commissioners to appoint an individual to fill the vacancy in the interim before the special election.
Deletes previous amendments to GS 18B-601(f), GS 160A-103, GS 159-61(b), and GS 160A-104. Amends each of these to conform the applicable elections to GS 163-287.
Makes additional conforming changes to various statutes to ensure special elections are conducted in accordance with GS 163-287. Makes conforming changes to bill title. Effective with respect to special elections held on or after January 1, 2012.

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