GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 1240*

Short Title:  Precinct Change Amendments.	(Public)
─────────────────────────────────────── 
Sponsors: Representatives Fitch; Bowen, Bowman, and Sam Hunt.
─────────────────────────────────────── 
Referred to:  Legislative and Local Redistricting.
─────────────────────────────────────── 

May 10, 1991

A BILL TO BE ENTITLED
AN ACT TO MAKE NECESSARY STATUTORY CHANGES TO KEEP CURRENT THE LEGISLATIVE REDISTRICTING SYSTEM AND TO MAKE AN APPROPRIATION THEREFOR.
The General Assembly of North Carolina enacts:
Section 1. Article 12A of Chapter 163 of the General Statutes reads as rewritten:
"ARTICLE 12A.
"Precinct Boundaries.
"§ 163-132.1:  Repealed by Session Laws 1987 (Reg. Sess., 1988), c. 1074, s. 2.
"§ 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, the precinct boundaries shall be those effective at the date of submission, except for the following:
(1)	Boundaries with an effective date postponed pursuant to subsection (d);
(2)	Boundaries changed by the operation of G.S. 163-132.5A; and
(3)	Boundaries changed in Mecklenburg, Guilford, and Wake counties by the boards of elections of those counties to correct boundaries reported by the Census Bureau as precinct boundaries; provided, however, that this subdivision shall apply only to those boundaries submitted to the Legislative Services Office and recorded in the Legislative Services Office's automated redistricting system as of May 1, 1991.
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. 
"§ 163-132.3.  Alterations to precinct boundaries after January 1, 1990.
(a)	No county board of elections, after January 1, 1990, may change any precinct boundary unless the new boundaries are coterminous with those of:
(1)	Townships, , as certified by the county manager on the official map of the county; 
(2)	The census blocks established under the latest U.S. Census;
(3)	Named roads and streets and drainage features of 40 feet or more in width as certified by the North Carolina Department of Transportation on its highway maps or the planning department of the relevant county;
(4)	Municipalities, as certified by the city clerk on the official map of the city; or
(5)	A combination of these boundaries.
The county boards of elections shall report precinct boundary changes by filing with the Executive Secretary-Director of the State Board on current official census maps  or maps certified by the North Carolina Department of Transportation or the county's planning department the new boundaries of these precincts. 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.  No newly created or altered precinct boundary occurring after January 1, 1990, is effective until approved by the Executive Secretary-Director of the State Board as being in compliance with this subsection.
(b)	The Executive Secretary-Director of the State Board of Elections and the Legislative Services Office shall examine the maps of the proposed new or altered precincts and any required 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 of the proposed precinct boundaries are in compliance with subsection (a) of this section, 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 as required, 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 proposed precinct boundaries are coterminous as required by this section, he shall not approve those precinct boundaries. He shall notify the county board of elections of his disapproval specifying the reasons.  The county board of elections may then resubmit new precinct maps and written descriptions to cure the reasons for their disapproval.
"§ 163-132.4.  Directives.
The Executive Secretary-Director of the State Board of Elections may promulgate directives concerning its duties and those of the county boards of elections under this Article.
"§ 163-132.5.  Cooperation of State and local agencies.
The State Budget Office, the Department of Transportation and county and municipal planning departments shall cooperate and assist the Legislative Services Office, the Executive Secretary-Director of the State Board of Elections and the county boards of elections in the implementation of this Article.
"§ 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)	Repealed by Session Laws 1989, c. 770, s. 75.3. (1987, c. 715, s. 4; 1987 (Reg. Sess., 1988), c. 1074, s. 2; 1989, c. 440, s. 3, c. 770, s. 75.3.)
"§ 163-132.5B.  Exemption from Administrative Procedure Act.
The State Board of Elections is exempt from the provisions of Chapter 150B of the General Statutes while acting under the authority of this Article.  Appeals from a final decision of the Executive Secretary-Director of the State Board of Elections under this Article shall be taken to the State Board of Elections within 30 days of that decision.  The State Board shall approve, disapprove or modify the Executive Secretary's decision within 30 days of receipt of notice of appeal.  Failure of the State Board to act within 30 days of receipt of notice of appeal shall constitute a final decision approving that of the Executive Secretary.  Appeals from a final decision of the State Board under this Article shall be taken to the Superior Court of Wake County.
"§ 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.
"§ 163-132.5D.  Retention of precinct maps.
The Executive Secretary-Director of the State Board of Elections shall retain the maps and written descriptions which he approves pursuant to G.S. 163-132.3.
"§ 163-132.5E.  Precinct voter statistics filed with the Legislative Services Office.
No later than January 31 of each year, the chairman of the county board of elections shall file with the Executive Secretary-Director of the State Board of Elections a listing of each precinct in the county as of January 1 of that year and the number of voters registered therein by party and race.  The Executive Secretary-Director shall send to the Legislative Services Office copies of each listing received under their section.
For reports filed on or after January 1, 1996, the county board of elections shall list also for each of its precincts the number of voters registered by each party; with a numerical breakdown, as to race of the registered voters of each party.
"§ 163-132.6.  Applicability of Article.
This Article applies only to the following counties: Alamance, Buncombe, Burke, Cabarrus, Caldwell, Catawba, Chatham, Chowan, Cleveland, Craven, Cumberland, Davidson, Duplin, Durham, Edgecombe, Forsyth, Gaston, Granville, Guilford, Halifax, Harnett, Henderson, Iredell, Johnston, Jones, Lenoir, Mecklenburg, Nash, New Hanover, Onslow, Orange, Pender, Pitt, Randolph, Richmond, Robeson, Rockingham, Rowan, Sampson, Scotland, Surry, Union, Wake, Washington, Wayne, Wilkes, Wilson, and Yancey.
"§§ 163-133, 163-134:  Reserved for future codification purposes."
Sec. 2. G.S. 163-192 reads as rewritten:
"§ 163-192.  State Board of Elections to prepare abstracts and declare results of primaries and elections.
(a)	After Primary. – At the conclusion of its canvass of the primary election, the State Board of Elections shall prepare separate abstracts of the votes cast:
(1)	For Governor and all State officers, justices of the Supreme Court, judges of the Court of Appeals, judges of the superior court, and United States Senators.
(2)	For members of the United States House of Representatives for the several congressional districts in the State.
(3)	For district court judges for the several district court districts in the State.
(4)	For district attorney in the several prosecutorial districts in the State.
(5)	For State Senators in the several senatorial districts in the State composed of more than one county.
(6)	For members of the State House of Representatives in the several representative districts in the State composed of more than one county.
Abstracts prepared by the State Board of Elections under this subsection shall state the total number of votes cast for each candidate of each political party for each of the various offices canvassed by the State Board of Elections. They shall also state the name or names of the person or persons whom the State Board of Elections shall ascertain and judicially determine by the count to be nominated for each office.
Abstracts prepared under this subsection shall be signed by the members of the State Board of Elections in their official capacity and shall have the great seal of the State affixed thereto.
(b)	After General Election. – At the conclusion of its canvass of the general election, the State Board of Elections shall prepare abstracts of the votes cast:
(1)	For President and Vice-President of the United States, when an election is held for those offices.
(2)	For Governor and all State officers, justices of the Supreme Court, judges of the Court of Appeals, judges of the superior court, and United States Senators.
(3)	For members of the United States House of Representatives for the several congressional districts in the State.
(4)	For district court judges for the several district court district as defined in G.S. 7A-133 in the State.
(5)	For district attorney in the several prosecutorial districts in the State.
(6)	For State Senators in the several senatorial districts in the State composed of more than one county.
(7)	For members of the State House of Representatives in the several representative districts in the State composed of more than one county.
(8)	For and against any constitutional amendments or propositions submitted to the people.
Abstracts prepared by the State Board of Elections under this subsection shall state the names of all persons voted for, the office for which each received votes, and the number of legal ballots cast for each candidate for each office canvassed by the State Board of Elections. They shall also state the name or names of the person or persons whom the State Board of Elections shall ascertain and judicially determine by the count to be elected to each office.
Abstracts prepared under this subsection shall be signed by the members of the State Board of Elections in their official capacity and shall have the great seal of the State affixed thereto.
(c)	Disposition of Abstracts of Returns. – The State Board of Elections shall file with the Secretary of State the original abstracts of returns prepared by it under the provisions of subsections (a) and (b) of this section, and also the duplicate county abstracts transmitted to the State Board of Elections under the provisions of G.S. 163-177. The State Board of Elections shall file a copy of the original abstracts of returns prepared by it with the Legislative Services Office at the same time that it files the original with the Secretary of State."
Sec.  3. G.S. 163-132.2 and G.S. 163-132.5A are repealed, however, the precincts created under these provisions are not affected by their repeal.
Sec. 4.  There is appropriated from the General Fund to the Legislative Services Commission for the 1991-92 fiscal year the sum of $20,000 and for the 1992-93 fiscal year the sum of $20,000 to implement its responsibilities under this act.
Sec. 5.  Section 3 of this act becomes effective on January 2, 1992.   The rest of this act becomes effective on July 1, 1991.