Bill Summary for H 1058 (2015-2016)

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Summary date: 

May 10 2016
S.L. 2016-43

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 1058 (Local) Filed Tuesday, May 10, 2016
Intro. by Conrad.

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Bill summary

Identical to S 823 filed on 5/9/16.

Amends the Charter of the Village of Tobaccoville, SL 1991-232, by enacting a new section to provide provisions for a petition for a recall election.  

Requires that a petition for recall be filed with the Village Clerk, and that the Village Clerk forward the petition to the board of elections that conducts elections for the Village of Tobaccoville (Tobaccoville).  Provides that the termVillage Clerk, as used in new section 6.3, includes an officer of the village exercising the function of the Village Clerk.  Requires a petition to recall the Mayor or a member of the Village Council to bear the signatures equal in number to at least 20% of the registered voters of Tobaccoville.

Directs the board of elections (board) to verify the petition signatures, and if a sufficient recall petition is submitted, requires the board to certify its sufficiency to the governing body.  Requires the governing body to adopt a resolution calling for a recall election to be held at the same time as the next primary, general, or special election scheduled to be held more than 60 days after the petition has been certified to the governing body.  Directs the board of elections to conduct the recall election, as provided in GS 163-287 (provisions for special municipal elections).  Provides that each petition submitted can only contain the name of one officer to be recalled, but allows multiple qualified petitions to be filed simultaneously with the Village Clerk, where the name of the officer on each certified petition will be included in the recall election.  Provides language for the recall question to be submitted to voters.  Establishes that registered voters of Tobaccoville are eligible to vote in an election to recall the Mayor or a member of the Village Council.  

Provides that if less than a majority of the votes cast on the question are for the officer's recall, the officer continues in office, and if a majority of the votes cast on the question are for the officer's recall, the officer is removed on the date the board of elections certifies the results of the election.  Establishes that a vacancy created by removal of a member of the Village Council or the Mayor is to be filled in accordance with  GS 160A-63 (provisions for filling vacancies in city and town governments).  Bars an officer who is removed from being appointed or reappointed to any elective office of Tobaccoville during the remainder of the unexpired term.  Provides that no petition to recall an officer may be filed during the first six months of the officer's term nor during the six months before the expiration of the officer's term and that no more than one election may be held to recall an officer within a single term of office of that officer.