Bill Summaries: H66 BOARDS OF EDUCATION ELECTIONS (NEW)

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  • Summary date: Jun 8 2023 - View Summary

    AN ACT TO PROVIDE FOR PARTISAN ELECTIONS FOR THE MEMBERS OF THE CATAWBA COUNTY BOARD OF EDUCATION, HICKORY CITY BOARD OF EDUCATION, NEWTON-CONOVER CITY BOARD OF EDUCATION, AND POLK COUNTY BOARD OF EDUCATION; AND TO REQUIRE THE BUNCOMBE COUNTY BOARD OF EDUCATION TO ESTABLISH ELECTORAL DISTRICTS FOR ELECTING MEMBERS BEGINNING IN 2024; AND TO PROVIDE THAT MEMBERS OF THE BUNCOMBE BOARD OF EDUCATION ARE ELECTED IN A NONPARTISAN PRIMARY AND ELECTION BEGINNING IN 2026. SL 2023-32. Enacted June 8, 2023. Effective June 8, 2023, except as otherwise provided.


  • Summary date: May 31 2023 - View Summary

    Senate committee substitute to the 4th edition makes the following changes.

    Deletes Section 4 of the act, related to the Pamlico County Board of Education. Makes conforming deletion of proposed addition of Pamlico County to GS 115C-37.1.

    Adds the following new content.

    Requires the Polk County Board of Education to consist of seven members, elected on a partisan basis for staggered four-year terms at the time of the general election in each even-numbered year as terms expire. Requires candidates to be nominated at the same time and manner as other county officers. Requires elections to be conducted in accordance with GS Chapters 115C and 163. Requires vacancies to be filled according to GS 115C-37.1 and makes a conforming change to that statute. Requires any person appointed to fill a vacancy to be a resident of the district in which the vacancy occurs. Divides the county into six districts, as specified, for the purpose of conducting elections to the Polk County Board of Education. Requires a person to be a qualified voter and resident of the district in which the person seeks to be elected. Requires candidates to be voted on by all eligible voters in the county. Specifies that Tryon is a two-member district, and all others are single-member districts. Repeals SL 1965-230 (concerning the nomination of members of the Polk County Board of Education) and SL 1973-845 (concerning nonpartisan election of Polk County Board of Education), as amended. Specifies that this does not affect the terms of any person elected in 2020 and 2022 and sets out requirements for filling vacancies for members elected in 2020 or 2022. Sets out provisions establishing staggered membership terms for members elected in 2024 and 2026. Applies to elections held in 2024 and thereafter.

    Amends Section 1 of SL 1975-532 as follows. Requires the members of the Buncombe County Board of Education to serve staggered four-year terms. Requires six members to be elected from six single-member electoral districts and one elected at-large. Requires for the district seats that qualified voters of each district nominate candidates and elect members who reside in the district; for the at-large seat, the qualified voters of the entire Buncombe County School Administrative Unit must nominate candidates and elect a member who resides within the Unit. Deletes description of the seven existing districts. Amends Section 1.1, effective the first Monday in December 2026, to require that members of the Buncombe County Board of Education be elected in each even-numbered year. Requires the nonpartisan primary and election method be used (was, the nonpartisan plurality election method). Sets out time for the date of the primary and for filing notices of candidacy. Amends Section 4, effective the first Monday in December 2026, by deleting existing requirements related to residency of candidates, timing of filing, ballot requirements, and that required members be voted on on an at-large basis by residents of the Unit. Makes additional clarifying and technical changes. Sets out requirements that must be followed by the Buncombe County Board of Education in establishing or revising electoral districts concerning equal population, contiguity, racial data, compactness, municipal boundaries, election data, member residence, current districts, and community consideration. Requires, by February 1, 2024, that the boundaries of the six electoral districts be established to be used in the 2024 elections and until they are revised again. Specifies that if the Buncombe County Board of Education fails to complete this redistricting, then the NCGA must establish the districts.

    Amends the act’s titles.


  • Summary date: May 10 2023 - View Summary

    Senate committee substitute to the 3rd edition makes the following changes.

    Repeals SL 1981-551 (pertaining to membership, nonpartisan elections of and governance of the Pamlico County Board of Education [Pamlico Board]). Amends Section 8 of SL 1987-939 to specify that the seven members of the Pamlico Board will be elected on a partisan basis at the time of the general election in each even-numbered year. Specifies that the candidates will be nominated at the same time and manner as other county officers. Provides for staggered four-year terms. Specifies that members will take office on the first Monday in December following the election, with the terms of their predecessors expiring at the same time. Specifies that members will serve until a successor has been elected and qualified.  Specifies that elections will be GS conducted in accordance with GS Chapters 115C and 163 except as otherwise provided.  Requires that any Pamlico Board vacancies be filled in accordance with GS 115C-37.1 (pertaining to vacancies in certain county boards of education elected on a partisan basis).

    Repeals Sections 10, 11, and 13 of SL 1987-939, as amended (providing for certain staggered terms of the members of the Pamlico Board, specifying Pamlico Board members are elected on a nonpartisan basis, and containing outdated language).

    Specifies the following schedule for staggered terms. Starting in 2024, one member will be elected from Districts 1, 2, 3, and 5 to serve four-year terms. Beginning in 2026, one member will be elected from District 4 and two members will be elected from the county at large to serve four-year terms. Specifies that the act does not affect the terms of any person elected to the Pamlico Board in 2020 or 2022. Provides for vacancies of those members to be filled by the remaining Pamlico Board members. Specifies any members elected in 2020 or 2022, along with any individuals appointed to fill a vacancy created by those members, will serve until a successor has been elected and qualified.

    Changes the effective date that would make conforming changes to GS 115C-37.1(d) (listing counties where vacancy process applies) so that the effective date for the inclusion of the Hickory and Newton-Conover City Boards of Education is also December 1, 2024. Further amends GS 115C-37.1(d) by adding Pamlico County to the list of counties to which the law applies.  

    Makes technical changes. Makes conforming changes to the act’s long and short titles.


  • Summary date: Mar 7 2023 - View Summary

    House committee substitute to the 2nd edition makes the following changes. 

    Amends section 3 of SL 1971-930 to specify that members of the Hickory City Board of Education (Board), and amends section 2 of SL 1935-200 as amended, to specify that candidates for the Newton-Conover City Board of Education, are to be elected on a partisan basis at the time of the general election in each even-numbered year as terms expire, and in accordance with the applicable provisions of GS Chapters 115C and 163. (Prior version did not specify a timeframe for election.) Adds the specification that candidates for the Board and the Newton-Conover Board will be nominated in the same time and manner as county officials.  Deletes requirement that the expense of the election be paid for by Catawba County. 

    Amends section 4 of SL 1971-930, as amended, and amends section 3 of PL 1935-200 as amended to make technical change and to specify that Board and Newton-Conover Board candidates must file their notices of candidacy at the same time as candidates for other county offices. (Prior version did not have reference to other county offices.) Amends section 6 of SL 193-200, as amended, to delete provisions requiring the towns of Newton and Conover to pay for each election held in their town. Instead, the election will be held and conducted by the Catawba County Board of Elections. 

    Deletes language stating that the act does not affect the term of office of any member elected in 2019 or 2021 to the Board or Newton-Conover Board. Bars an election for the Board or the Newton-Conover Board from occurring in 2023. Extends the terms of those members whose terms are expiring in 2023 and 2025 for one year.  Specifies that regular elections for the Board and the Newton-Conover Board will be conducted in even-numbered years beginning in 2024. 

    Makes organizational changes.


  • Summary date: Feb 28 2023 - View Summary

    House committee substitute to the 1st edition makes the following changes.

    Section 1

    Adds new Section 1(a) to amend Section 1 of SL 1969-874, as amended, as follows. Specifies that Catawba County Board of Education (Board) will consist of seven members elected to staggered four-year terms. Deletes outdated language. Amends Section 2 of SL 1969-874, as amended, as follows. Deletes outdated language. Makes conforming changes to account for amended Section 1 of SL 1969-874. Deletes proposed language from section 6.1 that provided for filling vacancies for Board members elected on a nonpartisan basis in 2020 and 2022 by appointment of remaining Board members until the next Board election, so that the remainder of the unexpired term would filled by election. Amends section 6.1 to state that all vacancies on the Board will be filled pursuant to GS 115C-37.1 (pertaining to vacancies in offices of county boards elected on a partisan basis). Amends Section 1(g) [was, 1(f)] of the act to provide that any vacancy on the Board for a member elected in 2020 and 2022 will be filled by appointment by the remaining members of the Board.

    Makes other technical, conforming, and clarifying changes.  

    Section 2

    Adds new Section 2(a) to amend Section of SL 1971-930 as follows.  Removes outdated language. Specifies that the Hickory City Board of Education (Hickory Board) will consist of seven member elected to staggered four-year terms. Deletes language in Section 3 specifying that registration and the election are to be held and conducted in line with laws, rules, and regulations applicable to County elections.  Adds language that specifies, except as provided by the act, the election will be conducted in accordance with the applicable provisions of GS Chapters 115C (pertaining to Boards of Education) and 163 (pertaining to elections and election laws). Amends residency requirements for Hickory Board candidates, to also require any candidate who is filing for a seat representing a ward to reside within that ward.  Amends Section 7 to no longer require that beginning in 2023, seats on the Hickory City be filled by nomination in the primaries and by election in the general elections. Amends Section 10 to require that all vacancies on the Hickory Board be filled in accordance with GS 115C-37.1, specifying that for the purposes of that section, the Hickory Board is considered a county board of education. Provides that any vacancy on the Hickory Board for a member elected in 2019 or 2021 will be filled by appointment by the remaining members of the Hickory Board. 

    Makes other technical, conforming, and clarifying changes.  

    Section 3

    Amends SL 1935-200, as amended, as follows. Deletes the specified staggering of the terms. Deletes requirement that the Town of Conover and the City of Newton provide separate ballots for each of their candidates for the Newton-Conover City Board of Education (City Board).  Amends residency requirements for City Board candidates, requiring all candidates to be qualified voters residing within the Newton-Conover Administrative School Unit in the district for the seat apportioned for that district. (Was, just qualified voter residing within the Newton-Conover Administrative School Unit.) Adds that members serve until successors are elected and qualified. Deletes requirement that City Board elect a chair at their first meeting each year; instead just provides for the annual election of a chair. Requires that all vacancies on the City Board be filled in accordance with GS 115C-37.1, specifying that for the purposes of that section, the Board is considered a county board of education. Provides that any vacancy on the City Board for a member elected in 2019 or 2021 will be filled by appointment by the remaining members of the City Board at the time of the vacancy.

    Makes other technical, conforming, and clarifying changes.  

    Section 4

    Amends GS  115C-37.1 to add the Hickory Board and the City Board to the list of entities covered by the statute, effective December 1, 2023. 

    Deletes poposed GS 115C-37.2.

    Makes other organizational, technical, conforming, and clarifying changes.  


  • Summary date: Feb 7 2023 - View Summary

    Identical to S 72, filed 2/6/23.

    Section 1

    Amends SL 1969-874, as amended, as follows. Requires Catawba County Board of Education (Board) members to be nominated in primaries and elected at general elections, beginning in 2024 (previously, elected at general elections based on the number of vacancies). Requires Board candidates to file their notices of candidacy at the same time as other county offices (was, a described date), and provides for partisan election of the Board (currently, provides for nonpartisan plurality election). Refers to qualified voters instead of electors. Makes conforming, clarifying, and technical changes.

    Adds a new section 6.1 to require vacancies of the Board for positions elected on a partisan basis to be filled by appointment by the remaining members pursuant to GS 115C-37.1, beginning in 2024. Provides for filling vacancies for Board members elected on a nonpartisan basis in 2020 and 2022 by appointment of remaining Board members until the next Board election, whereby the remaining unexpired term must be filled by election.  

    Specifies that the act does not affect the terms of office of any member elected in 2020 or 2022 to the Catawba County Board of Education. Requires the members of the Catawba County Board of Education elected in 2020 and 2022, or any member appointed to fill a vacancy for the remainder of an unexpired term for a member elected in 2020 or 2022, to serve until a successor has been elected and qualified.

    Applies to elections held beginning in 2024.

    Section 2

    Changes the elections for the Hickory City Board of Education (Board) set forth in SL 1971-930, as amended, as follows. Changes the elections from nonpartisan with no primary election to partisan, beginning in 2023, with seats filled by nomination in primaries and by election in general elections. Requires elections to be conducted in accordance with GS 163-279(a)(2) and GS 163-291. Requires registration and elections to comply with state education and election laws (GS Chapters 115C and 163; was, laws, rules, and regulations applicable to elections for county offices). Establishes residency requirements for Board candidates, requiring all candidates to be qualified voters residing within the Hickory Administrative School Unit. Provides for vacancies for Board positions elected on a partisan basis to be filled by appointment by remaining members pursuant to GS 115C-37.1. Makes conforming and technical changes. Repeals Sections 5 and 6 of the session law, relating to nonpartisan election procedures. 

    Provides that the terms of members elected to the Board in 2019 or 2021 are not affected by the act.

    Section 3

    Changes the elections for the Board of Trustees of the Newton-Conover City Administrative Unit set forth in SL 1935-200, as amended, as follows. Changes the name of the board to the Newton-Conover City Board of Education (City Board). Provides for staggered four-year terms, beginning in 2023, with three members representing the Newton district, and three members representing the Conover district (previously, four trustees were from Newton, and two from Conover, and served three-year terms). Makes elections partisan rather than nonpartisan. Requires elections to be conducted in accordance with GS 163-279(a)(2) and GS 163-291. Requires registration and elections to comply with state education and election laws. Establishes residency requirements for Board candidates, requiring all candidates to be qualified voters residing within the Newton-Conover Administrative School Unit. Provides for elected members to take office on the first Monday in December following election. Provides for vacancies for Board positions elected on a partisan basis to be filled by appointment by remaining members pursuant to GS 115C-37.1. Repeals obsolete language and provisions relating to nonpartisan election procedures. Makes further conforming and technical changes. 

    Provides that the terms of members elected to the City Board in 2019 and 2021 are not affected by the act. 

    Section 4

    Makes conforming changes to GS 115C-37.1. Effective December 1, 2024.

    Section 5

    Applicable to the Hickory City Schools and Newton-Conover City Schools only, enacts GS 115C-37.2, setting forth the procedure for filling vacancies on the city boards of education elected on a partisan basis, with appointments by the person, board, or commission specified in the public or local act, subject to consultation with the county executive committee of a political party when the vacating member was elected as the nominee of a political party, within 30 days of the vacancy. Effective December 1, 2023.