GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	2 

HOUSE BILL 669
Committee Substitute Favorable 5/9/95

Short Title:  Alamance Recall Elections.	(Local)

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Sponsors:

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Referred to:  

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March 30, 1995

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR RECALL ELECTIONS FOR THE BOARD OF COMMISSIONERS OF ALAMANCE COUNTY SERVING FOUR-YEAR TERMS.
The General Assembly of North Carolina enacts:
Section 1. (a)	Any member of a board of county commissioners may be removed from office in the manner provided for in this act if the members of the board of commissioners serve four-year terms.
(b)	Any registered voter of a county may make and file with the supervisor of elections of the county board of elections an affidavit containing the name of the official whose removal is sought and a general statement of the grounds alleged for removal.  The supervisor of elections shall thereupon deliver to the registered voter making such affidavit copies of petitions for demanding such a removal, printed forms of which the supervisor of elections shall keep on hand.  Such blank forms shall be issued by the supervisor of elections with his or her signature thereto attached and shall be dated and addressed to the county board of elections, indicate the person to whom issued, state the name of the official whose removal is sought, and shall contain the general statement of the grounds on which the removal is sought as alleged in the affidavit.
(c)	A copy of the petition shall be promptly delivered to the clerk to the county board of commissioners, who shall enter the copy of the petition in a record book kept for that purpose in the office of the clerk.  A recall petition to be effective must be returned within 30 days after the filing of the affidavit, and to be sufficient must bear the signatures of registered voters of the county equal in number to at least twenty-five percent (25%) of the registered voters of the county as shown by the registration records of the last preceding general county election.
(d)	Each signer shall include on the petition the signer's place of residence, giving the residence address including town.  Each petition page shall include an oath taken before an officer competent to administer oaths that the person taking the oath witnessed each signature on that page being subscribed.
(e)  The county board of elections shall investigate the sufficiency of any such petition and certify the results of such investigation to the board of commissioners of that county.  The county board of elections may employ such persons as it deems necessary to undertake such investigations, and the reasonable cost of such investigation shall be paid by the county.  The county board of elections may adopt such rules and regulations as it deems necessary or advisable concerning the validation of signatures appearing on the recall petition.
(f)  The county board of elections shall complete its investigation and issue its certification of the results of such investigation within 15 days after the filing of any such petition.  If, by the county board of elections' certification, the petition is shown to be insufficient, it may be amended within 10 days from the date of said certificate.  The Board shall, within 10 days after such amendment, make like examination of the amended petition, and if its certificate shall show the same to be insufficient, it shall be returned to the person filing the same, without prejudice, however, to the filing of a new petition to the same effect.
(g)  Upon a determination that a sufficient recall petition has been submitted, the county board of elections shall order and fix a date for holding a recall election.  Subject to the remaining provisions of this subsection, any such election shall be held not less than 50 nor more than 90 days after the petition has been certified as being sufficient.  If any other general or special election is scheduled within such period, the county board of elections shall schedule the special election at the same time.  If the provisions of general law prohibit the holding of special elections during the time aforesaid, and no general or special election is otherwise scheduled during said period of time, then the county board of elections shall schedule the special recall election for some date within 10 days after the last day of the period of time during which special elections are prohibited by general law.
(h)  The county board of elections shall cause legal notice of the election to be published, the notice to include the general statement of the grounds on which the recall is sought as alleged in the affidavit, and shall make all arrangements for holding such election in accordance with general law, and the same shall be conducted, returned, and the results thereof declared in all respects as other county elections.
(i)  The question of recalling any number of officials may be submitted at the same election, but, as to each such official, a separate petition shall be filed and there shall be an entirely separate ballot.
(j)  The ballots used in a recall election shall submit the following proposition:
"[ ] FOR      [ ] AGAINST
The recall of (name and title of official)".
(k)  If less than a majority of the votes cast on the question of recalling an official be for recall, the official shall continue in office for the remainder of the unexpired term.  If a majority of such votes be for the recall of the official designated on the ballot, the official shall, regardless of any defects in the recall petition, be deemed removed from office.
(l)  If an official is removed from office as a result of a recall election, the vacancy so caused shall be filled in the manner provided by law for filling vacancies in such office.  An official removed from office by the voters as a result of a recall election shall not be appointed to fill the vacancy caused by that official's own removal or resignation.
(m)  No recall petition shall be filed against an officer who has been subjected to a recall election, and not removed thereby, during that term of office.
(n)  No recall petition shall be filed against an officer during either the first or last six months of the term of that office.  If a person is serving only until an election shall be held to fill the office for the remainder of a term, no recall petition shall be filed against that officer during the six month period before that election.
Sec. 2.  This act applies to Alamance County only.
Sec. 3.  This act is effective upon ratification.