AN ACT TO ALLOW RECALL OF MEMBERS OF THE LENOIR COUNTY BOARD OF EDUCATION.
Allows a member of the Lenoir County Board of Education to be removed from office as follows. Allows a registered voter of the Lenoir County School Administrative Unit to seek the removal of a member who represents the registered voter by filing an affidavit with the Lenoir County Board of Elections that names the member and gives a general statement of the grounds alleged for removal. Sets out the procedure for handling the petition for removal and the content of the petition. Requires that the recall petition be returned within 30 days after the filing of the affidavit and to contain the signatures of registered voters represented by the member equal to at least 15% of the registered voters represented by the member. Sets out requirements for the signatures. Requires the Lenoir County Board of Elections to investigate the sufficiency of a petition and certify the results of the investigation to the Board of Education. Requires that the Board of Elections complete its investigation and issue its certification of the results of the investigation within 15 days after the filing of a petition. Allows a petition found to be insufficient to be amended within 10 days from the date of the certificate; after amendment requires the Board, within 10 days, to make another examination of the amended petition. If the petition is still found to be insufficient, it must be returned to the person who filed it, without prejudice to the filing of a new petition to the same effect. If the recall petition is sufficient, the Board of Elections must order and fix a date for holding a recall election at the next election authorized by GS 163-287 occurring more than 60 days after the petition has been certified as being sufficient. Requires the Lenoir County Board of Elections to cause legal notice of the election to be published, including specified information. Requires the election to be conducted, returned, and the results declared in all respects as other school administrative unit elections in the Lenoir County School Administrative Unit. Allows the question of recalling a number of members to be submitted at the same election, but requires separate petitions to be filed for each member. Sets out the language of the ballot.
Specifies that if less than a majority of the votes cast on the question of recalling a member are for recall, the member continues in office for the remainder of the unexpired term. If a majority of votes are for the recall, the member is deemed removed from office and the vacancy is to be filled in the manner provided by law for filling vacancies in the office. Prohibits filing a recall petition during the term of office against a member who has been subjected to a recall election and not removed thereby. Prohibits filing a recall petition against a member during either the first or last six months of the term of that office, and for those serving only until an election is held to fill the office for the remainder of a term, against that member during the six-month period before that election. Effective January 1, 2023.