GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 2055

Short Title:  Raleigh Vacancy Elections.	(Local)
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Sponsors: Representatives Hensley and Mosley.
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Referred to:  Local and Regional Government I.
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June 6, 1994

A BILL TO BE ENTITLED
AN ACT TO AMEND THE CHARTER OF THE CITY OF RALEIGH TO ALLOW THE COUNCIL TO PROVIDE SPECIAL ELECTIONS FOR THE FILLING OF VACANCIES.
The General Assembly of North Carolina enacts:
Section 1.  The Charter of the City of Raleigh, being Chapter 1184, Session Laws of 1949, is amended by adding a new section to read:
"Sec. 9.1.  Vacancy on Council. Vacancies in the City Council shall be filled by the Council for the remainder of the unexpired term.  In lieu of that method, the City Council may direct that any such vacancy be filled by election.  If the City Council chooses to fill a vacancy in its number by election, it shall do so by passing a resolution establishing a filing period and setting a date for the election.  The filing period shall be no less than 10 days and no more than 20 days.  The election may be held at a regular election or a special election called for this or any other purpose. No special election shall be held less than 30 days before or less than 10 days after a regularly scheduled election.  If no candidate receives a majority of the votes cast, the two candidates receiving the highest number of votes shall participate in a runoff election to be held 28 days after the first election.  No runoff need be held if the candidate receiving the second highest number of votes files a written waiver of the right to the election with the Wake County Board of Elections.  The candidate elected shall be sworn in at the first regular meeting after the Wake County Board of Elections certifies the election results to the City Council."
Sec. 2.  Section 9 of the Charter of the City of Raleigh, being Chapter 1184 of the 1949 Session Laws, as rewritten by Chapter 319 of the 1973 Session Laws, is amended by deleting "Vacancies in the City Council shall be filled by the Council for the remainder of the unexpired term."
Sec. 3.  This act is effective upon ratification.