A BILL TO BE ENTITLED
AN ACT to provide for partisan elections for the members of the catawba county board of education, hickory city board of education, newton‑conover city board of education, and polk county board of education; and to require the buncombe county board of education to establish electoral districts for electing members beginning in 2024; and to provide that MEMBERs of the buncombe board of education are elected in a nonpartisan primary and election beginning in 2026.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  Section 1 of Chapter 874 of the 1969 Session Laws, as amended by Chapter 170 of the 1985 Session Laws, reads as rewritten:
"Section 1.  The Catawba County Board of Education shall consist of seven members 

	

elected to staggered four‑year terms."
SECTION 1.(b)  Section 2 of Chapter 874 of the 1969 Session Laws, as amended by Chapter 170 of the 1985 Session Laws and Chapter 132 of the 1995 Session Laws, reads as rewritten:
"Sec. 2. All members shall serve until their successors are elected and qualified. Seats on the Catawba County Board of Education shall be filled by nomination in the primaries and by election in the general elections according to the procedure set forth in this Act."
SECTION 1.(c)  Section 3 of Chapter 874 of the 1969 Session Laws, as amended by Chapter 382 of the 1979 Session Laws and Chapter 132 of the 1995 Session Laws, reads as rewritten:
"Sec. 3. All persons desiring to be candidates for membership on the Catawba County Board of Education shall file a notice of candidacy with the Board of Elections of Catawba County at the same time as candidates for other county offices. The notice shall state the candidate's name, age, and place of residence, and which shall be accompanied by a filing fee of ten dollars ($10.00)."
SECTION 1.(d)  Section 4 of Chapter 874 of the 1969 Session Laws, as amended by Chapter 132 of the 1995 Session Laws, reads as rewritten:
"Sec. 4. Notwithstanding the provisions of G.S. 115C‑37, the Catawba County Board of Education shall be elected on a partisan basis. Except as provided by this act, the election shall be conducted in accordance with the applicable provisions of Chapters 115C and 163 of the General Statutes. Members of the Catawba County Board of Education shall take office and qualify on the first Monday in December following their election."
SECTION 1.(e)  Section 5 of Chapter 874 of the 1969 Session Laws, as amended by Chapter 132 of the 1995 Session Laws, reads as rewritten:
"Sec. 5. All candidates in any primary or general election held under this Act shall be qualified voters of Catawba County who reside outside the boundaries of the Hickory Administrative School Unit and the Newton‑Conover Administrative School Unit, and shall be voted upon at large by the voters in Catawba County who reside outside the boundaries of the Hickory Administrative School Unit and the Newton‑Conover Administrative School Unit."
SECTION 1.(f)  Chapter 874 of the 1969 Session Laws is amended by adding a new section to read:
"Sec. 6.1. Vacancies on the Catawba County Board of Education shall be filled in accordance with G.S. 115C‑37.1."
SECTION 1.(g)  This act does not affect the term of office of any member elected in 2020 or 2022 to the Catawba County Board of Education. The members of the Catawba County Board of Education elected in 2020 and 2022, or any member appointed to fill a vacancy for the remainder of an unexpired term for a member elected in 2020 or 2022, shall serve until a successor has been elected and qualified. Any vacancy on the Catawba County Board of Education for a member elected in 2020 and 2022 shall be filled by appointment by the remaining members of the Board.
SECTION 1.(h)  This section is effective when it becomes law and applies to elections held in 2024 and thereafter.
SECTION 2.(a)  Section 1 of Chapter 930 of the 1971 Session Laws reads as rewritten:
"Section 1.  The Hickory City Board of Education shall consist of seven members, 

		

		

elected to staggered four‑year terms."
SECTION 2.(b)  Section 3 of Chapter 930 of the 1971 Session Laws reads as rewritten:
"Sec. 3. One member of the Hickory City Board of Education shall be elected from each ward by the qualified voters of the ward, and the member must be a resident of the ward. One member of the Hickory City Board of Education shall be elected at large by the qualified voters of the entire unit. Members shall be elected on a partisan basis at the time of the general election in each even‑numbered year as terms expire. Candidates for election to the Hickory City Board of Education shall be nominated at the same time and manner as county officers. Except as provided by this act, the election shall be conducted in accordance with the applicable provisions of Chapters 115C and 163 of the General Statutes. The election shall be held and conducted by the Catawba County Board of Elections."
SECTION 2.(c)  Section 4 of Chapter 930 of the 1971 Session Laws, as amended by Chapter 382 of the 1979 Session Laws, reads as rewritten:
"Sec. 4. Candidates for membership on the Hickory City Board of Education shall file a notice of candidacy with the Catawba County Board of Elections, on forms prescribed by the Board, at the same time as candidates for county officers, and pay a filing fee of five dollars ($5.00). All candidates in any primary or general election held under this act shall be qualified voters of Catawba County who reside within the boundaries of the Hickory Administrative School Unit and, if filing for a seat representing a ward, reside within that ward."
SECTION 2.(d)  Section 7 of Chapter 930 of the 1971 Session Laws reads as rewritten:
"Sec. 7. The members elected shall take office and qualify on the first Monday in December following their election and shall serve until their successors are elected and qualified."
SECTION 2.(e)  Section 10 of Chapter 930 of the 1971 Session Laws reads as rewritten:
"Sec. 10. All vacancies in the membership of the Hickory City Board of Education shall be filled in accordance with G.S. 115C‑37.1. For the purposes of that section, the Hickory City Board of Education shall be considered a county board of education."
SECTION 2.(f)  Sections 5 and 6 of Chapter 930 of the 1971 Session Laws are repealed.
SECTION 2.(g)  No election for the Hickory City Board of Education shall occur in 2023. The terms of office for the three members of the Hickory City Board of Education serving on the effective date of this section whose terms are set to expire in 2023 shall be extended by one year. The terms of office for the four members of the Hickory City Board of Education serving on the effective date of this section whose terms are set to expire in 2025 shall be extended by one year. Regular elections for the Hickory City Board of Education shall be conducted in even‑numbered years beginning in 2024.
SECTION 2.(h)  The members of the Hickory City Board of Education elected in 2019 and 2021, or any member appointed to fill a vacancy for the remainder of an unexpired term for a member elected in 2019 or 2021, shall serve until a successor has been elected and qualified. Any vacancy on the Hickory City Board of Education for a member elected in 2019 and 2021 shall be filled by appointment by the remaining members of the Hickory City Board of Education.
SECTION 2.(i)  This section is effective when it becomes law and applies to elections held on or after that date.
SECTION 3.(a)  Chapter 200 of the Private Laws of 1935, as amended by Chapter 716 of the 1961 Session Laws and Chapter 81 of the 1967 Session Laws, reads as rewritten:
"Section 1. The Newton‑Conover City Board of Education shall consist of six members. Members shall serve staggered four‑year terms. Three members shall represent the Newton district. Three members shall represent the Conover district.
"Sec. 1½. (a) Qualified voters residing in the area defined as "Old Conover Special School Tax District" shall vote for the members of the Newton‑Conover City Board of Education residing in that district only and the qualified voters residing in the area defined as the "Old Newton Graded School District" shall vote for the members of the Newton‑Conover City Board of Education residing in that district only, so that the Conover representatives shall be elected exclusively by voters and residents of the Conover district and the Newton representatives shall be elected exclusively by voters and residents of the Newton district.
(b)	For the purpose of conducting the elections for members of the Newton‑Conover City Board of Education, the division and boundary line separating the Old Conover Special School Tax District and the Old Newton Graded School District is hereby established and re‑defined as follows:
…
"Sec. 2. Members of the Newton‑Conover City Board of Education shall be elected on a partisan basis at the time of the general election in each even‑numbered year as terms expire. Candidates for election to the Newton‑Conover City Board of Education shall be nominated at the same time and manner as county officers. Except as provided by this act, the election shall be conducted in accordance with the applicable provisions of Chapters 115C and 163 of the General Statutes.
"Sec. 3. Candidates for membership on the Newton‑Conover City Board of Education shall file a notice of candidacy with the Catawba County Board of Elections, on forms prescribed by the Catawba County Board of Elections, at the same time as candidates for county officers. All candidates in any primary or general election held under this act shall be qualified voters of Catawba County who reside within the boundaries of the Newton‑Conover Administrative School Unit and who reside in the district for the seat apportioned to that district.
"Sec. 4. Elected members of the Newton‑Conover City Board of Education shall take office and qualify on the first Monday in December following the election. Members shall serve until their successors are elected and qualified.
"Sec. 5. Each year, the members of the Newton‑Conover City Board of Education shall elect a chair to serve for one year.
"Sec. 6. The election shall be held and conducted by the Catawba County Board of Elections.
"Sec. 7. Vacancies on the Newton‑Conover City Board of Education shall be filled in accordance with G.S. 115C‑37.1. For the purposes of that section, the Newton‑Conover City Board of Education shall be considered a county board of education.
…."
SECTION 3.(b)  No election for the Newton‑Conover City Board of Education shall occur in 2023. The terms of office for the three members of the Newton‑Conover City Board of Education serving on the effective date of this section whose terms are set to expire in 2023 shall be extended by one year. The terms of office for the three members of the Newton‑Conover City Board of Education serving on the effective date of this section whose terms are set to expire in 2025 shall be extended by one year. Regular elections for the Newton‑Conover City Board of Education shall be conducted in even‑numbered years beginning in 2024.
SECTION 3.(c)  The members of the Newton‑Conover City Board of Education elected in 2019 and 2021, or any member appointed to fill a vacancy for the remainder of an unexpired term for a member elected in 2019 or 2021, shall serve until a successor has been elected and qualified. Any vacancy on the Newton‑Conover City Board of Education for a member elected in 2019 and 2021 shall be filled by appointment by the remaining members of the Newton‑Conover City Board of Education.
SECTION 3.(d)  This section is effective when it becomes law and applies to elections held on or after that date.
SECTION 4.(a)  Notwithstanding Section 4(i) of the Plan for Merging the Tryon City School Administrative Unit and the Polk County School Administrative Unit adopted by the State Board of Education on June 2, 1988, and validated under Chapter 767 of the 1991 Session Laws (the Polk Merger Plan), the Polk County Board of Education shall consist of seven members, elected on a partisan basis for staggered four‑year terms at the time of the general election in each even‑numbered year as terms expire. Candidates for election to the Polk County Board of Education shall be nominated at the same time and manner as other county officers. Members shall take office on the first Monday in December of the year of election, and the terms of their predecessors shall expire at that same time. Members shall serve until a successor has been elected and qualified. Except as otherwise provided by this section, elections shall be conducted in accordance with Chapters 115C and 163 of the General Statutes. Vacancies on the Polk County Board of Education shall be filled in accordance with G.S. 115C‑37.1. Any person appointed to fill a vacancy shall be a resident of the district in which the vacancy occurs.
SECTION 4.(b)  For the purpose of conducting elections for the Polk County Board of Education, the county is divided into six residency districts. No person shall be eligible to file for, be elected to, or serve on the Polk County Board of Education unless the person is a qualified voter and resident of the district in which the person seeks to be elected. All candidates shall be voted on by all eligible voters in the county. The Township of Tryon shall be a two‑member district; all other districts shall be single‑member districts. The districts are as follows:
(1)	The Township of Cooper's Gap.
(2)	The Township of Columbus.
(3)	The Township of Green Creek.
(4)	The Township of Saluda.
(5)	The Township of Tryon.
(6)	The Township of White Oak.
SECTION 4.(c)  Chapter 230 of the 1965 Session Laws and Chapter 845 of the 1973 Session Laws, as amended by Chapter 584 of the 1985 Session Laws, are repealed.
SECTION 4.(d)  This section does not affect the terms of office of any person elected in 2020 or 2022 to the Polk County Board of Education. Any vacancy on the Polk County Board of Education for a member elected in 2020 or 2022 shall be filled by the remaining members of the Polk County Board of Education until the next election of the members of the Polk County Board of Education, at which time the remaining unexpired term of the office in which the vacancy occurs shall be filled by election. Any person appointed to fill a vacancy shall be a resident of the district in which the vacancy occurs. The members of the Polk County Board of Education elected in 2020 or 2022, or any member appointed by the remaining members of the Polk County Board of Education to fill a vacancy of a member elected in 2020 or 2022, shall serve until a successor has been elected and qualified.
SECTION 4.(e)  To maintain the staggering of terms, members of the Polk County Board of Education shall be elected as follows:
(1)	In 2024 and quadrennially thereafter, one member shall be elected from the Township of Saluda, the Township of Tryon, and the Township of White Oak to serve four‑year terms.
(2)	In 2026 and quadrennially thereafter, one member shall be elected from the Township of Cooper's Gap, the Township of Columbus, the Township of Green Creek, and the Township of Tryon to serve four‑year terms.
SECTION 4.(f)  This section is effective when it becomes law and applies to elections held in 2024 and thereafter.
SECTION 5.(a)  G.S. 115C‑37.1(d) reads as rewritten:
"(d)	This section shall apply only to the Hickory City Board of Education and the Newton‑Conover City Board of Education and in the following counties: Alleghany, Beaufort, Brunswick, Burke, Caldwell, Carteret, Catawba, Cherokee, Clay, Cleveland, Craven, Dare, Davie, Graham, Guilford, Harnett, Hyde, Iredell, Lee, Lincoln, Madison, New Hanover, Onslow, Pender, Polk, Rutherford, Stanly, Stokes, Surry, Vance, Washington, and Yancey."
SECTION 5.(b)  This section becomes effective December 1, 2024.
SECTION 6.(a)  Section 1 of Chapter 532 of the 1975 Session Laws reads as rewritten:
"Section 1. The Buncombe County Board of Education shall consist of seven members who shall serve for staggered terms of four years each. Six members shall be elected from six single‑member electoral districts and one member shall be elected at large. For the district seats, the qualified voters of each district shall nominate candidates and elect members who reside in that district. For the at‑large seat, the qualified voters of the entire Buncombe County School Administrative Unit shall nominate candidates and elect a member who resides within the Buncombe County School Administrative Unit. For the purposes of electing members to the board, the Buncombe County School Administrative Unit shall consist of all of Buncombe County outside of and excluding the City of Asheville School Administrative 

Unit."
SECTION 6.(b)  Section 1.1 of Chapter 532 of the 1975 Session Laws, as amended by Chapter 178 of the 1981 Session Laws and Chapter 93 of the 1995 Session Laws, reads as rewritten:
"Sec. 1.1The members of the Buncombe County Board of Education shall be elected on a nonpartisan basis at the time of the general election in each even‑numbered year as terms of office expire. The nonpartisan primary and election method shall be used with the results determined as provided in G.S. 163‑294. The primary shall be held on the date provided by G.S. 163‑1 for county partisan primaries. Candidates shall file the notice of candidacy with the county board of elections under the same schedule provided by G.S. 163‑106.2."
SECTION 6.(c)  Section 4 of Chapter 532 of the 1975 Session Laws, as amended by Chapter 178 of the 1981 Session Laws and Chapter 93 of the 1995 Session Laws, reads as rewritten:
"Sec. 4. All persons elected to the Buncombe County Board of Education shall serve until their successors are elected and qualified. Any vacancy occurring on the Buncombe County Board of Education by death, resignation or by change of residency from the district from which any person was elected, or otherwise shall be filled by the appointment by the remaining members of the Board for the unexpired term, but the person appointed to fill such vacancy must be from the same district as the person whose death, resignation or removal created the vacancy on the Buncombe County Board of Education, provided that if the vacancy has not been filled within 60 days of its occurrence, and the term has not yet expired, then the vacancy shall be filled by the Senior Resident Superior Court Judge of Buncombe County for the remainder of the unexpired term, but the person appointed to fill such vacancy must be from the same district as the person whose death, resignation, or removal created the vacancy on the Buncombe County Board of Education."
SECTION 6.(d)  In establishing or revising electoral districts, the Buncombe County Board of Education shall comply with all of the following:
(1)	Equal Population. The most recent federal decennial census data shall be used as the sole basis of population for the establishment of districts. The number of persons in each district shall be within plus or minus five percent (5%) of the ideal district population, as determined under the most recent federal decennial census.
(2)	Contiguity. No point contiguity shall be permitted in any district, which shall be compromised of contiguous territory. Contiguity by water is sufficient.
(3)	Racial Data. Data identifying the race of individuals or voters shall not be used in the construction or consideration of districts, and the districts should comply with the Voting Rights Act, as applicable.
(4)	Compactness. Reasonable efforts to draw districts that are compact shall be made.
(5)	Municipal Boundaries. Municipal boundaries may be considered when drawing districts.
(6)	Election Data. Partisan considerations and election results data shall not be used in the drawing of districts.
(7)	Member Residence. The residence of current members of the Buncombe County Board of Education may be considered in the formation of districts.
(8)	Current Districts. The current residency districts for the Buncombe County Board of Education should be considered communities of interest and only changed the minimum amount needed to conform to the foregoing criteria.
(9)	Community Consideration. So long as a plan complies with the foregoing criteria, local knowledge of the character of communities and connections between communities may be considered in the formation of districts.
SECTION 6.(e)  No later than February 1, 2024, the Buncombe County Board of Education shall establish the boundaries of the six electoral districts required by this section, to be used in the 2024 elections and until revised again, in accordance with G.S. 115C‑37(i) and this act.
SECTION 6.(f)  If the Buncombe County Board of Education fails to redistrict as required by this section, the North Carolina General Assembly shall establish the boundaries of the six electoral districts for the Buncombe County Board of Education.
SECTION 6.(g)  Section 6(b) and Section 6(c) of this act become effective the first Monday in December in 2026, with elections in 2026 and thereafter held accordingly. The remainder of this section is effective when it becomes law and applies to elections held on or after that date.
SECTION 7.  Except as otherwise provided, this act is effective when it becomes law.