GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION

CHAPTER 440
SENATE BILL 493

AN ACT TO MAKE TECHNICAL CHANGES TO THE PRECINCT BOUNDARY PROGRAM AND TO EXTEND THE TWO-MONTH FREEZE ON ANNEXATIONS AND ANNEXATION REPORTING REQUIREMENTS TO TERRITORY IN ALL COUNTIES PARTICIPATING IN THE PRECINCT BOUNDARY PROGRAM.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 163-128 reads as rewritten:
"§ 163-128. Election precincts and voting places established or altered.
(a)	Each county shall be divided into a convenient number of precincts for the purpose of voting, and there shall be at least one precinct encompassed within the territory of each township; provided, however, that upon a resolution adopted by the county board of elections and approved by the Secretary-Director of the State Board of Elections voters from a given precinct within a township may be temporarily transferred, for the purpose of voting, to a precinct in an adjacent township. Any such transfers shall be for the period of time equal only to the term of office of the county board of elections making such transfer. When such a resolution has been adopted by the county board of elections to assign voters from more than one township to the same precinct, then the county board of elections shall maintain separate registration and voting records, consistent with the procedure prescribed by the State Board of Elections, so as to properly identify the township in which such voters reside. Except as provided in G.S. 163-132.2(a)(1), the polling place for a precinct shall be located within the precinct.
Except as provided by Article 12A of this Chapter, the county board of elections shall have power from time to time, by resolution, to establish, alter, discontinue, or create such new election precincts or voting places as it may deem expedient. Upon adoption of a resolution establishing, altering, discontinuing, or creating a precinct or voting place, the board shall give 20 days' notice thereof prior to the date on which the registration books or records next close pursuant to G.S. 163-67. Notice shall be given by advertisement in a newspaper having general circulation in the county, by posting a copy of the resolution at the courthouse door, and by mailing a copy of the resolution to the chairman of every political party in the county.
(b)	Each county board of elections shall prepare a map of the county on which the precinct boundaries are drawn or described, shall revise the map when boundaries are changed, and shall keep a copy of the current map on file and posted for public inspection at the office of the Board of Elections, and shall file a copy with the State Board of Elections."
Sec. 2.  G.S. 163-132.2 reads as rewritten:
"§ 163-132.2. Establishment of precinct boundaries for 1990 Census.
(a)	The Legislative Services Office as soon as it receives the U.S. Census Bureau's official census block maps to be used in the 1990 U.S. Census shall send the relevant copies of those maps to county boards of elections.  After receiving copies of those maps, the county boards of election shall:
(1)	Alter, where necessary, precinct boundaries to be coterminous with township boundaries, municipal boundaries, census block boundaries, or a combination of those boundaries provided that if, as a result of the alteration, the polling place is no longer in the precinct, it may continue to be the polling place as long as the lot or tract on which the polling place is situated adjoins the precinct;
(1a)	Alter, where necessary, precinct boundaries so that each precinct is composed solely of contiguous territory, except where the operation of G.S. 163-132.5A has caused a precinct to be divided into two or more non-contiguous areas.
(2)	Mark all precinct boundaries on the maps sent by the Legislative Services Office, showing the precinct boundaries in effect as of the time of marking, but with any changes effective at a later time as provided by subsection (d) of this section; and
(3)	File at a time deemed necessary by the Executive Secretary-Director of the State Board of Elections with the State Board and the Legislative Services Office the maps identifying the precinct boundaries.  The Executive Secretary-Director may require a county board of elections to file a written description of the boundaries of any precinct or part thereof.
Provided, where a precinct boundary has been or is to be altered because of the operation of G.S. 163-132.5A, the boundary on the map shall be shown as in effect on the date reported through the U.S. Census Bureau's 1988 Boundary and Annexation Survey of the underlying municipal boundary on the map, but the fact that the boundary has been or is to be moved because of an intervening annexation shall be reported to the Executive Secretary-Director of the State Board of Elections and Legislative Services Office.
(b)	The Executive Secretary-Director of the State Board of Elections and the Legislative Services Office shall examine the returned maps and their written descriptions.  After its examination of the maps and their written descriptions, the Legislative Services Office shall submit to the Executive Secretary-Director of the State Board of Elections its opinion as to whether all precinct boundaries are coterminous with current township boundaries, current municipal boundaries, census block boundaries, or a combination of those boundaries, with notations as to where those boundaries do not comply with these standards.  If the Executive Secretary-Director of the State Board determines that all precinct boundaries are coterminous with current township boundaries, current municipal boundaries, census block boundaries, or a combination of those boundaries, the Executive Secretary-Director of the State Board shall approve the maps and written descriptions as filed and these precincts shall be the official precincts.  Additionally, the Legislative Services Office shall submit to the Executive Secretary-Director of the State Board of Elections its opinion as to whether each precinct is composed solely of contiguous territory.
(c)	If the Executive Secretary-Director of the State Board does not find that the filed precinct boundaries are coterminous with the current township boundaries, current municipal boundaries, census block boundaries, or a combination of those boundaries, he shall not approve those precinct boundaries but shall alter the precinct boundaries to be coterminous with the census block boundaries, municipal boundaries or township boundaries nearest to those existing precinct boundaries and these altered precincts shall then be the official precincts.  If the Executive Secretary-Director of the State Board finds that a precinct does not consist solely of contiguous territory, he shall alter the precinct boundary so that it consists solely of contiguous territory, except where the non-contiguity is caused by the operation of G.S. 163-132.5A.
(d)	The changes in precinct boundaries under subsections (b) and (c) of this section shall be made effective not later than January 1, 1992.
(e)	After the Executive Secretary-Director of the State Board approves or alters the precincts filed by the county boards and before January 2, 1990, no county board of elections may establish, alter, discontinue, or create any precinct except for the following:
(1)	Changes resulting from G.S. 163-132.5A; 
(2)	Division of one precinct into two or more precincts; or
(3)	With the consent of the Executive Secretary-Director of the State Board of Elections, changes of boundaries that the U.S. Census Bureau has identified for the Legislative Services Office as not being coterminous with census block boundaries, township boundaries, municipal boundaries, or a combination of these boundaries, provided that the boundaries are made so coterminous.  The Executive Secretary-Director shall consult with the Legislative Services Office prior to consenting to precinct changes under this subdivision. 
(f)	The State shall request that the U.S. Census Bureau provide summaries of census data by precinct, and shall participate in the 1990 Census Redistricting Data Program.  When the State files with the Census Bureau precinct maps, those boundaries shall be those effective at the date of submission, but with any change with a postponed effective date made under subsection (d) of this section or made under G.S. 163-132.5A.  In any case where the precinct includes non-contiguous portions because of the operation of G.S. 163-132.5A, the Executive Secretary-Director of the State Board of Elections shall designate those areas for census data purposes as separate precincts."
Sec. 3.  G.S. 163-132.5A reads as rewritten:
"§ 163-132.5A. Precinct boundaries.
(a)	Whenever an annexation ordinance adopted under Parts 1, 2, or 3 of Article 4A of Chapter 160A of the General Statutes, or a local act of the General Assembly annexing property to a municipality, becomes effective during the period beginning with the date of the annexation as reported through the U.S. Census Bureau's 1988 Boundary and Annexation Survey and ending October 31, 1989, and any part of the boundary of the area being annexed which is actually contiguous to the city is also a precinct boundary for elections administered by the county board of elections then the annexed area is automatically moved into the 'city precinct', provided that if the annexed area is adjacent to more than one city precinct, the board of elections shall place the area in any one or more of the adjacent city precincts.  The county board of elections may delay the effective date of any change under this subsection to a date not later than January 1, 1992.
(b)	This section does not apply when the entire area of contiguity between the city and the area being annexed is a township boundary, a county boundary, a visible feature used or expected to be used as a census block boundary in the 1990 census, or a combination of those boundaries."
Sec. 4.  G.S. 120-30.9B reads as rewritten:
"§ 120-30.9B. Statewide statutes; State Board of Elections.
The Executive Secretary-Director of the State Board of Elections shall submit to the Attorney General of the United States:
(1)	Within 30 days of ratification all acts of the General Assembly that amend, delete, add to, modify or repeal any provision of Chapter 163 of the General Statutes or any other statewide legislation, except relating to Chapter 7A of the General Statutes, which constitutes a 'change affecting voting' under Section 5 of the Voting Rights Act of 1965; and
(2)	Within 30 days all alterations of precinct boundaries under G.S. 163-132.2(c) in counties covered by Section 5 of the Voting Rights Act of 1965."
Sec. 5.  G.S. 163-132.5C reads as rewritten:
"§ 163-132.5C.  Local acts.
(a)	Notwithstanding the provisions of any local act, a county board of elections need not have the approval of any other county board or commission to make precinct boundary changes required by this Article.
(b)	Notwithstanding G.S. 163-128, precinct boundaries established, retained or changed under this Article may cross township lines."
Sec. 6.  G.S. 160A-58.9A reads as rewritten:
"§ 160A-58.9A.  Effective date of certain annexation ordinances adopted under Article 4A of Chapter 160A.
(a)	No annexation ordinance adopted under Article 4A of Chapter 160A of the General Statutes may become effective during the period beginning November 1, 1989, and ending January 1, 1990.  If because of the operation of G.S. 160A-37.1(h), G.S. 160A-37.3(g), G.S. 160A-38, G.S. 160A-49.1(h), G.S. 160A-49.3(g), G.S. 160A-50, the order of any court, or the operation of Section  5 of the Voting Rights Act of 1965, an annexation ordinance is to become effective during the period beginning November 1, 1989, and ending January 1, 1990, it shall instead become effective on a date during the period beginning January 2, 1990, and ending December 31, 1990, set by ordinance of the governing board of the city.
(b)	If the final date upon which an annexation ordinance adopted under Article 4A of Chapter 160A of the General Statutes, may be made effective occurs during the period beginning November 1, 1989, and ending January 1, 1990, the effective date of the annexation may be set in the annexation ordinance as any date during the period beginning January 2, 1990, and ending December 31, 1990, in addition to any date permitted by law before November 1, 1989.
(c)	This section applies to territory located in counties with a population of 55,000 or over, according to the 1980 decennial federal census, and to territory located in all other counties subject to Article 12A of Chapter 163 of the General Statutes, pursuant to G.S. 163-132.6."
Sec. 7.  G.S. 160A-29 reads as rewritten:
"§ 160A-29. Map of annexed area, copy of ordinance and election results recorded in the office of register of deeds.
Whenever the limits of any municipal corporation are enlarged, in accordance with the provisions of this Article, it shall be the duty of the mayor of the city or town to cause an accurate map of such annexed territory, together with a copy of the ordinance duly certified, and the official results of the election, if conducted, to be recorded in the office of the register of deeds of the county or counties in which such territory is situated and in the office of the Secretary of State, and in the case of annexed territory located in a county with a population of 55,000 or over according to the 1980 decennial federal census or in any other county subject to Article 12A of Chapter 163 of the General Statutes, pursuant to G.S. 163-132.6, where the annexation ordinance becomes effective during the period beginning January 1, 1988, and ending January 2, 1990, to cause a copy of such map and ordinance to be filed with the county board of elections of the county where the territory is located. Any annexation shall be reported as part of the Boundary and Annexation Survey of the United States Bureau of the Census."
Sec. 8.  G.S. 160A-39 reads as rewritten:
"§ 160A-39. Annexation recorded.
Whenever the limits of a municipality are enlarged in accordance with the provisions of this Part, it shall be the duty of the mayor of the municipality to cause an accurate map of such annexed territory, together with a copy of the ordinance duly certified, to be recorded in the office of the register of deeds of the county or counties in which such territory is situated and in the office of the Secretary of State, and in the case of annexed territory located in a county with a population of 55,000 or over according to the 1980 decennial federal census or in any other county subject to Article 12A of Chapter 163 of the General Statutes, pursuant to G.S. 163-132.6, where the annexation ordinance becomes effective during the period beginning January 1, 1988, and ending January 2, 1990, to cause a copy of such map and ordinance to be filed with the county board of elections of the county where the territory is located. Any annexation shall be reported as part of the Boundary and Annexation Survey of the United States Bureau of the Census."
Sec. 9.  G.S. 160A-51 reads as rewritten:
"§ 160A-51. Annexation recorded.
Whenever the limits of a municipality are enlarged in accordance with the provisions of this Part, it shall be the duty of the mayor of the municipality to cause an accurate map of such annexed territory, together with a copy of the ordinance duly certified, to be recorded in the office of the register of deeds of the county or counties in which such territory is situated and in the office of the Secretary of State, and in the case of annexed territory located in a county with a population of 55,000 or over according to the 1980 decennial federal census or in any other county subject to Article 12A of Chapter 163 of the General Statutes, pursuant to G.S. 163-132.6, where the annexation ordinance becomes effective during the period beginning January 1, 1988, and ending January 2, 1990, to cause a copy of such map and ordinance to be filed with the county board of elections of the county where the territory is located. Any annexation shall be reported as part of the Boundary and Annexation Survey of the United States Bureau of the Census."
Sec. 10.  This act is effective upon ratification.
In the General Assembly read three times and ratified this the 26th day of June, 1989.