GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION

CHAPTER 306
SENATE BILL 859

AN ACT TO AMEND THE CHARTER OF THE CITY OF REIDSVILLE TO ALTER THE SIZE AND METHOD OF ELECTING THE CITY COUNCIL.

The General Assembly of North Carolina enacts:

Section 1.  Article II of the Charter of the City of Reidsville, being Chapter 957, Session Laws of 1989, reads as rewritten:
"ARTICLE II.  GOVERNING BODY.
"Section 2.1.  Mayor and City Council.  The City Council shall be the governing body of the City.  The Mayor shall be a member of the City Council.
"Section 2.2.  City Council; Composition; Terms of Office.  Following the 1993 City election, the City Council shall consist of seven members elected as follows:  (i)	two members elected from District A by the voters of that district only; (ii) two members elected from District B by the voters of that district only; (iii) two members elected at large by all the voters of the City; and (iv) the Mayor elected by all the voters of the City.  In 1993 two members shall be elected from District A for two-year terms, two  members shall be elected from District B for two-year terms, two members shall be elected at large for four-year terms, and the Mayor shall be elected at large for a four-year term.  As the terms of the Council members and Mayor elected in 1993 expire, their successors shall all be elected for terms of four years.
"Section 2.3.  Mayor; Term of Office; Duties.  The Mayor shall be the official head of the City Government and preside at meetings of the Council, and shall exercise the powers and duties conferred by law or as directed by the Council.  The Mayor shall be a participating member of the Council and is entitled to make motions, vote, and take other actions the same as any other Council member.
"Section 2.4.  Mayor Pro Tempore.  The Council shall choose one of the two members elected at large as Mayor Pro Tempore to perform the duties of the Mayor during the Mayor's absence or disability, in accordance with general law.  The member chosen as Mayor Pro Tempore shall serve in that office for the period of that member's term as a Council member.
"Section 2.5.  Residency.  To be eligible to be a candidate for election from District A or B, a person must be a resident of that district at the time of filing notice of candidacy.  If, at any time after taking office, a member elected or appointed to represent District A or B ceases to reside in that district, the Council may declare a vacancy in that office and shall appoint as a replacement a person who resides in the district.
"Section 2.6.  Vacancies.  If a Council member other than the Mayor dies, resigns, ceases to reside in a district as required by Section 2.5, or otherwise vacates that office, the remaining members of the Council shall appoint a person to fill the vacancy.  The person appointed by the Council shall serve the remainder of the unexpired term.  A vacancy in the office of Mayor shall be filled as provided by general law.
"Section 2.7.  Districts.  Districts A and B used for the election of Council members shall be as follows:
District A – The portion of the City north of the following line running east to west from the point where the City limit crosses Lawsonville Avenue (Highway 158) on the east side of the City:  west on Lawsonville Avenue to Harrison Street, southwest on Harrison to the Southern Railway track, south along the railroad track to Woodrow Street, west on Woodrow to Maple Avenue, south on Maple to Crescent Drive, southwest on Crescent to Summit Avenue, west on Summit to Courtland Avenue, south on Courtland to North Woodleigh, southwest on Woodleigh to Linville Drive, north on Linville to Vance Street, west on Vance to the City limit on the west side of the City.
District B – The remaining portion of the City being that part south of the line described above.  District lines may be altered as provided by general law."
Sec. 2.  Article III of the Charter of the City of Reidsville, being Chapter 957, Session Laws of 1989, reads as rewritten:
"ARTICLE III.  ELECTIONS.
"Section 3.1.  Regular City Elections.   Regular city elections shall be held in each odd numbered year in accordance with the uniform municipal election laws of North Carolina, except as provided in this Article.  
"Section 3.2.  Election of Council Members other than Mayor.  Council members other than the Mayor shall be elected by the nonpartisan plurality method as provided in G.S. 163-292.
"Section 3.3.  Election of Mayor.  The Mayor shall be elected by the nonpartisan election and runoff method as provided in G.S. 163-293, except that a candidate shall be elected with a substantial plurality of the total votes cast rather than having to receive a majority.  A substantial plurality shall be determined by multiplying the total vote cast for all candidates by forty percent (40%).  A vote total in excess of that number shall be a substantial plurality, and the candidate who receives a substantial plurality shall be declared elected.  If two candidates receive a substantial plurality, the candidate receiving the highest number of votes shall be declared elected.
"Section 3.4.  Time of City Elections.  Elections for Mayor and City Council Members shall be in October four weeks before the Tuesday after the first Monday in November.  In years in which the Mayor is being elected, the runoff for Mayor, if necessary, shall be on Tuesday after the first Monday in November.
"Section 3.5.  Filing Period.  In all city election years, the period for filing notices of  candidacy shall begin at noon on the first Friday in August and end at noon on the third Friday in August preceding the election.
"Section 3.6.  Special Elections and Referendums.  Special elections and referendums may be held only as provided by general law or applicable local acts of the General Assembly."
Sec. 3.  This act is effective upon ratification and shall be implemented beginning with the regular 1993 city election, provided it has been precleared by August 5, 1993, pursuant to Section 5 of the federal Voting Rights Act.  If the new election method described in this act is not precleared by August 5, 1993, the 1993 election shall be conducted according to the current at-large election method, but the period for filing notices of candidacy shall run from noon on the first Friday in August until noon on the third Friday of that month.  If the United States Attorney General, acting pursuant to Section 5 of the Voting Rights Act, objects to any feature of the election method described in this act, the Reidsville City Council may alter the election method to remove the objection, by adoption of a resolution to that effect.  Such resolution shall have the same effect as an act of the General Assembly, and shall be filed with the Secretary of State.
In the General Assembly read three times and ratified this the 8th day of July, 1993.

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Dennis A. Wicker
President of the Senate

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Daniel Blue, Jr.
Speaker of the House of Representatives