Bill Summary for S 94 (2017-2018)

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Summary date: 

Feb 15 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 94 (Public) Filed Wednesday, February 15, 2017
AN ACT TO ADD TRANSPARENCY TO CERTAIN ELECTIONS BY REQUIRING THAT ELECTIONS CURRENTLY CONDUCTED ON A NONPARTISAN BASIS BE CONDUCTED ON A PARTISAN BASIS AND TO MAKE VARIOUS CONFORMING STATUTORY CHANGES.
Intro. by Rabin.

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Bill summary

Part 1.

Amends GS 115C-37 to make county boards of education and the boards of education of city administrative units elected biennially on a partisan basis. Makes conforming changes to the process for filling vacancies. Makes additional conforming and clarifying changes. 

Repeals GS 115C-37.1, which provided that vacancies in offices of county boards were to be elected on a partisan basis in certain counties.

Makes conforming changes to GS 115C-67(3).

Provides that this act has the effect of repealing any provisions of local or special acts relating to the nonpartisan election of a local board of education and any conflicting methods of filling vacancies in the membership of boards of education than as required by GS 115C‑37(f), as amended by this act. Specifies that this act does not affect the filling of a vacancy on a local board of education that occurs for a seat elected prior to the effective date of this act. 

Requires any local act requiring a board of education election to be conducted in an odd‑numbered year to be held as a partisan election beginning in 2019.

Part 2.

Repeals Article 25 of GS Chapter 163 and amends various statutes in GS Chapter 163 to make the election of Superior Court and District Court judges partisan. Makes conforming changes to remove statutory references to those statutes repealed by this act in GS 18C-112(e)(1), GS 163-1(b), GS 163-22.3, GS 163-82.10B, and GS 163-165.5(a)(3). Makes conforming repeals of GS 163-122(c) and GS 163-123(g).

Amends GS 163-106, as amended by Section 21(a) of SL 2016-125, to prohibit filing a notice of candidacy for superior court judge unless that person is, at the time of filing the notice of candidacy, a resident of the judicial district as it will exist at the time the person would take office if elected. Prohibits nomination as a superior court judge under GS 163‑114 unless that person is, at the time of nomination, a resident of the judicial district as it will exist at the time the person would take office if elected. Requires regular superior court judges to reside in the district for which elected. Amends GS 163-107(a), as amended by Section 21(b) of SL 2016-125, to set the filing fee for judges at 1% of the annual salary of the office sought. Amends GS 163-107.1, as amended by Section 21(c) of SL 2016-125, to allow petitions for candidates for superior and district court judges to be filed, as specified, in lieu of paying the filing fee. Adds judicial candidates to those who can request a second primary in accordance with GS 163-111(c)(1), as amended by Section 21(d) of SL 2016-125. Amends GS 163-114 to provide for the filling of vacancies for district and superior court judges. Makes conforming, clarifying, and technical changes. 

Part 3.

Amends Article 23 of GS Chapter 163 to require all municipal primaries and elections to be conducted on a partisan basis. Makes conforming, clarifying, and technical changes to GS Chapters 160A and 163.

Provides that the act has the effect of repealing any provisions of local or special acts relating to the nonpartisan municipal elections. Provides that the act does not affect the filling of a vacancy in a municipal election that occurs for a seat elected prior to the effective date of this act. Requires any local act requiring a municipal election to be conducted in an odd‑numbered year be held as a partisan election beginning in 2019.

Part 4.

Provides that in applying the act, a candidate's party affiliation or unaffiliated status is based on the party affiliation or unaffiliated status under which the candidate registered at the general election immediately preceding the candidate's filing for office pursuant to this act.

Part 5.

The act is effective with respect to primaries and elections held on or after January 1, 2018.