Bill Summary for H 400 (2021-2022)

Summary date: 

Apr 21 2021

Bill Information:

View NCGA Bill Details2021
House Bill 400 (Local) Filed Wednesday, March 24, 2021
AN ACT TO CHANGE THE ASHEVILLE CITY BOARD OF EDUCATION FROM AN APPOINTED BOARD OF EDUCATION TO A BOARD OF EDUCATION WITH ELECTED MEMBERS AND TO INCREASE THE MEMBERSHIP OF THE ASHEVILLE CITY BOARD OF EDUCATION FROM FIVE MEMBERS TO SEVEN MEMBERS.
Intro. by Fisher, Turner, Ager.

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Bill summary

House committee substitute to the 1st edition makes the following changes. Requires that all seven members of the Asheville City Board of Education (Board), beginning in 2022, be elected using the nonpartisan primary and election method, removing the requirement that three of the members be appointed by Asheville's governing body. Makes changes throughout to remove references to the appointment of members. Specifies that Board members are to be elected at the time of the general election in each even-numbered year, and that the primary is to be on the date provided by GS 163-1 for county partisan primaries. Requires notice of candidacy to be filed on the schedule under GS 163-106.2 instead of GS 163-106(c) (which did not set out such schedule). Requires that members take office at the first regular meeting of the Board in December (was, June) following their election.

Amends the provision creating staggered terms to now require that: (1) the four candidates receiving the highest number of votes serve four-year terms, and those seats will be up for election in 2026 and every four years thereafter and (2) the three candidates receiving the next highest number of votes serve two-year terms, with those seats up for election in 2024 and every four years thereafter. Clarifies that the terms of Board members serving at the time of the 2022 election expire upon the qualification of members elected to the Board under this act.

Adds the repeal of SL 1953-745 and SL 1985-20.

Makes additional conforming, clarifying, and technical changes. Changes the act's titles.

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