Bill Summary for H 66 (2023-2024)

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Summary date: 

May 31 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 66 (Local) Filed Tuesday, February 7, 2023
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.
Intro. by Adams, Setzer.

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Bill 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.