Bill Summary for S 288 (2013-2014)

Summary date: 

Mar 13 2013
S.L. 2013-270

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 288 (Local) Filed Wednesday, March 13, 2013
A BILL TO BE ENTITLED AN ACT CONCERNING FILLING OF VACANCIES ON THE BOARD OF COMMISSIONERS OF WAKE COUNTY AND ESTABLISHING A DOMESTIC VIOLENCE FATALITY PREVENTION AND PROTECTION REVIEW TEAM IN WAKE COUNTY AND TO PERMIT MULTIFAMILY DEVELOPMENT ON CERTAIN PARCELS IN THE TOWN OF ABERDEEN.
Intro. by Barringer, Hunt.

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Bill summary

Enacts new GS 153A-27.2 to provide that vacancies on the Wake County Board of Commissioners are to be filled by the remaining members of the board. If the vacating member was elected from a political party, the board must consult with the county executive committee of that party before filling the vacancy. The board will then vote on the nomination within 30 days of its submission. If the nominee is not approved, the board must request another name from the county executive committee. The vote on the second name must also come within 30 days of its submission. If that nominee fails to get approved, the board can appoint any eligible person.  If the board is unable to fill the vacancy within 30 days of the failed second nominee, and the vacating member was elected from a political party, then a special primary election will be held.

If the vacancy occurs later than 90 days before the general election held after the first two years of the term, the appointment to fill the vacancy is for the remainder of the unexpired term. Otherwise, the term of the person appointed to fill the vacancy extends to the first Monday in December next following the first general election held more than 90 days after the day the vacancy occurs; at that general election, a person will be elected to the seat vacated for the remainder of the unexpired term.

To be eligible to be appointed to fill a vacancy, a person must be a member of the same political party as the vacating member if the member was elected as a party nominee and be a resident of the same district as the vacating member, if the county is divided into electoral districts.

Special primary election will be conducted in accordance with GS Chapter 163, Article 10. The county board of elections can, with the approval of the State Board of Elections, set deadlines for filing notices for candidates and for absentee voting.  The date of the special election will be set by the board of commissioners but governed by GS 163-287.

Provides further details of special election procedures and cases when a special election should not be held. Provides procedure for allowing the clerk of superior court of the county to fill vacancies if a quorum of the board cannot be obtained.

 

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