AN ACT TO REQUIRE THAT ELECTIONS IN LOCAL GOVERNMENTS WITH ONE OR MORE OFFICES UP FOR ELECTION IN 2021 WHERE THE CANDIDATE FOR THAT OFFICE IS ELECTED BY DISTRICT SHALL BE DELAYED UNTIL 2022; TO REQUIRE LOCAL GOVERNMENTS WITH DELAYED 2021 ELECTIONS TO REVIEW AND REVISE THOSE ELECTORAL DISTRICTS FOLLOWING THE RELEASE OF THE 2020 U.S. CENSUS DATA; TO PROVIDE THAT REGULAR MUNICIPAL ELECTIONS IN THE CITY OF RALEIGH SHALL BE HELD IN EVEN-NUMBERED YEARS; AND TO ALLOW RESOLUTIONS REDISTRICTING COUNTY ELECTORAL DISTRICTS TO BECOME EFFECTIVE UPON ADOPTION FOR THE 2022 ELECTIONS. SL 2021-56. Enacted June 28, 2021. Effective June 28, 2021, except as otherwise provided.
Summary date: Jun 28 2021 - More information
House amendment #1 amends the 4th edition by adding Section 1.8 directing the City of Raleigh to review and revise its electoral districts in accordance with state and federal law and deliver the revised districts to county election officials by March 31, 2022.
House committee substitute adds the following to the 3rd edition.
Adds a new Section 1.4 requiring the board of county commissioners, in each county where the county is divided into electoral districts for the purpose of nominating or electing persons to the board of commissioners, to review and revise its electoral districts and adopt a resolution containing the revised electoral districts by November 17, 2021. Specifies that the resolution becomes effective upon its adoption.
Enacts substantively identical provisions barring elections to be held to the Charlotte-Mecklenburg Board of Education (CM BOE) or the Lexington City Board of Education (LC BOE) for 2021 and requiring members elected in 2017 (or persons filling vacancies for those terms) to hold over in office until their successors are elected and qualified at the time of the general election for county offices in 2022, with results determined by specified state law. Sets the filing period for candidates from noon July 25, 2022, and noon August 12, 2022. Provides for members elected in 2022 to serve terms commencing on December 6, 2022, and expiring December 2, 2025. Conditions these provisions on the CM BOE or the LC BOE, as appropriate, not receiving the federal decennial census information for 2020 by July 19, 2021, and provides the procedure for the BOE regarding the adoption of a resolution stating that that has happened by July 26, 2021. Requires the adopted resolution to be submitted to the respective county board of elections and the State Board of Elections (State Board), with notice of the delay to be published as provided.
Amends the Charter of the City of Raleigh, found in SL 1949-1184, as amended, providing for city council election by nonpartisan plurality method pursuant to GS 163-292 (was nonpartisan election and runoff election pursuant to GS 163-293). Additionally provides for elections to be held in even-numbered years with all other related dates determined in accordance with the state uniform municipal laws. Directs that there be no municipal elections held in the City in 2021, and directs that the next municipal election be held on November 8, 2022. Extends the terms of mayor and council members serving on the effective date of the act until their successor is elected and qualified. Requires municipal elections to be conducted in 2022 and biennially thereafter.
Excludes from the act's scope offices elected at large in any municipality where there is an election of municipal officers scheduled for 2021 where less than the entire jurisdiction is eligible to vote for candidates for one or more offices on the 2021 ballot, and that municipality has notified the county board at least five business days prior to the opening of the 2021 filing period provided under state law for the election method of that municipality. If so notified, directs the county board to open the filing period for the offices elected at large only for that municipality and conduct the election in 2021 in accordance with the municipality's charter and state election law.
Changes the act's titles.
Summary date: Jun 3 2021 - More information
Senate amendment to the 2nd edition makes the following changes.
The previous edition requires each municipality with elections delayed pursuant to the act to review and revise its electoral districts upon the release of the 2020 Census data by the US Census Bureau by November 17, 2021, and provide the revised electoral districts to the appropriate county board(s) of election by November 19, 2021, with municipalities unable to revise their districts to notify the appropriate county board of elections. Now requires each municipality with a delayed election to notify the appropriate county board(s) by November 12, 2021, of whether the municipality will be able to provide electoral districts revised pursuant to State and federal law by November 17, 2021. Requires those notifying the board(s) of the inability to do so to provide electoral districts revised pursuant to State and federal law by December 17, 2021. Requires the board(s) to set the filing period to be used for the municipality's delayed elections, as previously identified, with the filing period for delayed elections to be (1) noon December 6, 2021, until noon December 17, 2021, for municipalities providing the electoral districts revised in accordance with State and federal law to the appropriate county board(s) by November 17, 2021, or (2) noon on January 3, 2022, and close at noon on January 7, 2022, for municipalities providing the electoral districts revised in accordance with State and federal law to the appropriate county board(s) by December 17, 2021. Makes organizational, technical and conforming changes.
Summary date: May 27 2021 - More information
Senate committee substitute deletes the content of the 1st edition and now provides the following.
Delays regular 2021 elections in any municipality where there is an election of municipal officers scheduled for 2021 and where less than the entire jurisdiction is eligible to vote for candidates for one or more offices on the 2021 ballot until 2022. Extends the terms of mayors and council members serving on the date the act becomes law in municipalities with delayed elections until a successor is chosen, qualified and sworn into office in 2022.
Requires each municipality with elections delayed to review and revise its electoral districts upon the release of the 2020 Census data by the US Census Bureau by November 17, 2021, and provide the revised electoral districts to the appropriate county board(s) of election by November 19, 2021. Exempts the municipalities from the provisions of GS 160A-23.1 (Special rules for redistricting after a federal decennial census) and any resolution adopted thereunder. Allows for opportunities for public input prior to the release of the 2020 Census data, but requires municipalities to provide an opportunity for public input after the release of the Census data as well as at least one public hearing prior to adopting revised districts.
Provides for the filing period for delayed elections to be noon December 6, 2021, until noon December 17, 2021, with form of notice of candidacy compliant with State law. Requires a municipality that determines to it is unable to review and revise its electoral districts pursuant to State and federal law prior to November 17, 2021, to notify the appropriate board(s) of elections, with the board(s) thereby authorized to delay the filing period for such offices to open at noon on January 3, 2022, and close at noon on January 7, 2022. Provides for right of withdrawal of candidacy. Establishes election dates for delayed elections, beginning with primaries and elections on March 8, 2022, with election dates based on the method of election. Provides for certified winners to hold office until the expiration of the term under the municipal charters as if the election had been held in 2021.
Amends GS 163-111, eliminating the prohibition against registering voters between the dates of first and second primaries. Now allows for persons to register to vote after the day of the first primary, entitling the voter to vote in the second primary (previously, limited to persons whose qualifications to register and vote mature after the day of the first primary and before the day of the second primary), subject to GS 163-82.6, which provides for voter registration requirements and limitations, and GS 163-82.6A, which permits address and name changes to a voter's registration at one-stop sites. Adds a new prohibition barring persons from changing party affiliation or unaffiliated status between the date of a primary and second primary.
Similarly amends GS 163-82.6(f), which provides for instances in which a person can register and vote on primary or election day if the person becomes qualified between the 25th day before a primary or election. Eliminates the prohibition against registering on the day of a second primary unless the person becomes qualified between the date of the first primary and the date of the succeeding second primary.
Amends GS 163-302, which sets parameters for absentee voting, to no longer cross-reference statutorily set filing deadlines and instead generally reference the filing deadlines for county boards to secure official ballots with respect to the required availability of absentee ballots for municipal elections, special district elections, and other elections for an area less than an entire county other than NCGA elections.
Provides for the statutory changes set forth in the act to become effective March 9, 2022, and expire on June 1, 2022.
Makes changes to the act's long title.
Summary date: May 18 2021 - More information
Revises GS 160A-23.1, which provides procedures for the redistricting of city council districts after a federal decennial census. Now directs the council, in the year of the release of federal decennial census information rather than as soon as possible after receipt of that information, to evaluate the existing district boundaries to determine whether it would be lawful to hold the next election without revising districts. Requires a council which determines revision of the district boundaries is necessary to consider whether it will be possible to adopt changes before the third business day (was, the third day, though "third business day" is used in current subsection (c)) before opening of the filing period for the next municipal election with proper public input.
More specifically authorizes a council which determines revision of the district boundaries is necessary to conform with State and federal law, but is not likely possible in that time period, to adopt a resolution delaying the next municipal election, subject to a properly noticed public hearing on the resolution. No longer requires the council to also determine that the population imbalances are so significant that it would not be lawful to hold the next election using the current electoral districts to adopt a resolution delaying the next municipal election.
Eliminates the requirement that all resolutions adopted under the statute and any changes in electoral district boundaries made under the statute be submitted to the US Department of Justice (if the city is covered under Section 5 of the Voting Rights Act of 1965), the State Board of Elections, and to the board conducting the elections for that city. Instead, (1) requires adopted resolutions to be submitted to the State Board of Elections and the board conducting the elections for that city (see new subsection (c2)), and (2) makes organizational and clarifying changes, enacting new subsection (f) to condition the implementation and enforcement of revised district boundaries upon approval from the US Department of Justice, if required (previously, referenced in subsection (a)).
Makes further organizational changes, enacting new subsections (c1) and (c2) to provide rules for (1) when a council adopts a resolution delaying the next municipal election and does not adopt the changes by the end of the third business day before the opening of the filing period of the next election, and (2) when a council adopts such a resolution but proceeds to adopt the changes within the described deadline (previously, set forth in previous subsection (a) and subsection (d)). Makes further clarifying and technical changes.
© 2022 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.