Bill Summary for S 288 (2021-2022)

Summary date: 

Apr 21 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 288 (Local) Filed Thursday, March 11, 2021
AN ACT TO PROVIDE THAT ELECTIONS FOR THE BURKE COUNTY BOARD OF EDUCATION AND THE TOWN OF RUTHERFORD COLLEGE SHALL BE HELD IN EVEN-NUMBERED YEARS AND TO CHANGE THE ELECTION METHOD OF THE BURKE COUNTY BOARD OF EDUCATION AND THE CALDWELL COUNTY BOARD OF EDUCATION FROM NONPARTISAN TO PARTISAN.
Intro. by Daniel.

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Bill summary

Senate committee substitute deletes the content of the 1st edition and now provides the following.

Part I.

Amends SL 1981-1, as amended, notwithstanding the plan to establish one administrative unit for all three of the Burke County School Units, as identified. Provides for partisan rather than bipartisan election of Burke County Board of Education (board) members in even-numbered rather than odd-numbered years, beginning in 2024. Provides for election at the time of the general election rather than the November Tuesday described. No longer requires candidates to file a notice of candidacy with the county board of elections and paying a $10 filing fee; maintains residency certification requirements. Restricts existing vacancy procedures to vacancies for positions elected on a nonpartisan basis in 2019 and 2021. Provides for vacancies for positions elected on a partisan basis to be filled by appointment by the remaining members of the board pursuant to State law, beginning in 2024. Specifies that members serve until a successor has been elected and qualified, with predecessors' term expiring at the time the elected member qualified by taking the oath of office on the first Monday of December.

Provides that the act does not affect the terms of office of any member, or member appointed to fill a vacancy of a member, elected in 2019 and 2021, and extends each of their terms by one year.

Requires four members of the board to be elected in 2024 and quadrennially thereafter, and three members to be elected in 2026 and quadrennially thereafter. 

Directs Burke County municipalities to reimburse the board of elections for the actual costs in the administration of the election pursuant to State law, upon consultation with the board.

Part II.

Amends SL 1973-1273, as amended, providing for partisan rather than nonpartisan election of the Caldwell County Board of Education (board) members in even-numbered years, beginning in 2022. Provides for election at the same time and manner as other county officers. No longer requires filing a notice of candidacy and paying a $5 filing fee; maintains residency certification requirements. Specifies that the terms of predecessors expire at the same time as elected members assume office on the first Monday of December, with members serving until a successor has been elected and qualified. Restricts existing vacancy procedures to vacancies for positions elected on a nonpartisan basis in 2018 and 2020. Provides for vacancies for positions elected on a partisan basis to be filled by appointment by the remaining members of the board pursuant to State law, beginning in 2022. Makes conforming changes.

Provides that the act does not affect the terms of office of any member, or member appointed to fill a vacancy of a member, elected in 2018 and 2020.

Makes conforming changes to GS 115C-37.1.

Makes conforming changes to the act's titles. 

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