A BILL TO BE ENTITLED
AN ACT TO ALLOW THE APEX TOWN COUNCIL AND MAYOR TO MAKE APPOINTMENTS AND VOTE ON CERTAIN MATTERS REGARDING THE APPOINTEEs FOR THE TOWN MANAGER, TOWN ATTORNEY, AND TOWN CLERK FOR THE TOWN OF APEX; to further clarify the process for filling vacancies on the guilford county board of education; and to require THAT municipal ELECTIONS FOR ALL MUNICIPALITIES IN hAYWOOD COUNTY AND MADISON COUNTY BE CONDUCTED ON A PARTISAN BASIS.
The General Assembly of North Carolina enacts:

PART I. APEX TOWN APPOINTMENTS
SECTION 1.(a)  Notwithstanding any provision of Chapter 160A of the General Statutes or the Charter of the Town of Apex, being Chapter 356 of the 1985 Session Laws, as amended by Chapter 63 of the 1987 Session Laws and Town Ordinance No. 05‑1115‑12 (11‑15‑05), the following shall apply to the organization and administration of the Town of Apex:
(1)	The Town Manager shall be appointed by Town Council and the Mayor. The Town Manager shall hold office at the pleasure of the Town Council and the Mayor. The Town Council and the Mayor shall determine the compensation for the Town Manager. The Mayor may vote on an appointment for the Town Manager, provided that the Mayor has not also voted to break a tie on that appointment.
(2)	The Town Attorney shall be appointed by the Town Council and the Mayor. The Town Attorney shall hold office at the pleasure of the Town Council and the Mayor. The Town Council and the Mayor shall determine the compensation for the Town Attorney. The Mayor may vote on an appointment for the Town Attorney, provided that the Mayor has not also voted to break a tie on that appointment.
(3)	The Town Clerk shall be appointed by the Town Council and the Mayor. The Town Clerk shall hold office at the pleasure of the Town Council and the Mayor. The Town Council and the Mayor shall determine the compensation for the Town Clerk. The Mayor may vote on an appointment for the Town Clerk, provided that the Mayor has not also voted to break a tie on that appointment.
(4)	In any instance where the Mayor may vote on an appointment under this act, the Mayor may also participate in a vote that is solely regarding the compensation, discipline, or termination of that appointee, provided that the Mayor has not also voted to break a tie on that matter.
SECTION 1.(b)  This section is effective when it becomes law, applies to votes taken on or after that date, and expires June 30, 2027.

PART II. GUILFORD BOARD OF EDUCATION VACANCIES
SECTION 2.(a)  Section 6 of Chapter 78 of the 1991 Session Laws, as amended by S.L. 2013‑361 and S.L. 2023‑4, reads as rewritten:
"Sec. 6.(a) Vacancies on the Board when the vacating Board member was elected shall be filled as follows:
(1)	The individual appointed to fill a vacancy shall be a qualified voter of Guilford County.
(2)	In instances in which the vacating Board member was elected from within a single member district, the individual appointed shall be a resident of the district where the vacancy exists.
(3)	If the vacating Board member was elected as the nominee of a political party, whether by countywide election or from an electoral district, then the Board shall consult with the county executive committee of that political party. The county political party executive committee shall provide the name of an individual qualified in accordance with subdivisions (1) and (2) of this subsection in writing within 30 days of the occurrence of the vacancy to the Superintendent of Schools of Guilford County. Whenever only the qualified voters of less than the entire county were eligible to vote for the vacating Board member, the county political party executive committee shall not be required to restrict voting to executive committee members who represent precincts, all or part of which were within the territory of the vacating Board member. If the county political party executive committee recommends an individual in accordance with this subdivision, that individual shall take the oath of office at the next regular meeting of the Board.
(4)	If the county political party executive committee fails to provide the name of an individual qualified in accordance with subdivision (3) of this subsection within 30 days of the occurrence of the vacancy, the Board may fill the vacancy by vote of a majority of the remaining members of the Board present and voting at the next regular meeting of the Board occurring more than 30 days after the occurrence of the vacancy.
(5)	Any person appointed to fill a vacancy in accordance with this subsection shall serve until the next election of members of the Board, at which time the remaining unexpired term of the office in which the vacancy occurred shall be filled by election.
(b)	The following shall apply to all vacancies on the Board when the vacating Board member was appointed by the Board:
(1)	The individual appointed to fill a vacancy shall be a qualified voter of Guilford County.
(2)	In instances in which the vacating Board member was appointed from within a single member district, the individual appointed shall be a resident of the district where the vacancy exists.
(3)	If the vacating Board member was appointed by the Board and a nominee of a political party was certified as elected to fill that seat at the time of the last election for that seat, whether by countywide election or from an electoral district, then the Board shall consult with the county executive committee of the political party whose nominee was certified as elected to fill that seat. The county political party executive committee shall provide the name of an individual qualified in accordance with subdivisions (1) and (2) of this subsection in writing within 30 days of the occurrence of the vacancy to the Superintendent of Schools of Guilford County. Whenever only the qualified voters of less than the entire county are eligible to vote for the seat, the executive committee shall not be required to restrict voting to executive committee members who represent precincts, all or part of which were within the territory of the vacating Board member. If the county political party executive committee recommends an individual in accordance with this subdivision, that individual shall take the oath of office at the next regular meeting of the Board.
(4)	If the county political party executive committee fails to provide the name of an individual qualified in accordance with subdivision (3) of this subsection within 30 days of the occurrence of the vacancy, the Board may fill the vacancy by vote of a majority of the remaining members of the Board present and voting at the next regular meeting of the Board occurring more than 30 days after the occurrence of the vacancy.
(5)	Any person appointed to fill a vacancy in accordance with this subsection shall serve until the next election of members of the Board, at which time the remaining unexpired term of the office in which the vacancy occurred shall be filled by election."
SECTION 2.(b)  Except as provided in Section 3 of this act, this section is effective when it becomes law and applies to vacancies existing on or after that date.
SECTION 3.(a)  The term of office of any individual appointed by the Guilford County Board of Education to fill a vacancy occurring between December 1, 2022, and the effective date of this act shall expire on the effective date of this act.
SECTION 3.(b)  Notwithstanding Section 6(b)(3) of Chapter 78 of the 1991 Session Laws, as amended by S.L. 2013‑361, S.L. 2023‑4, and this act, for any vacancy occurring as a result of Section 3(a) of this act, the nominee of a county political party executive committee of that political party shall take the oath of office at the next regular meeting of the Guilford County Board of Education following submission of a nomination to the Superintendent of Schools of Guilford County if the individual is nominated by the county political party executive committee within 60 days of the effective date of this act.

PART III. PARTISAN MUNICIPAL ELECTIONS IN HAYWOOD AND MADISON COUNTIES
SECTION 4.  Section 5 of the Charter of the Town of Canton, being Chapter 90 of the Private Laws of 1907, as amended by Chapter 178 of the Private Laws of 1911, Chapter 78 of the Private Laws of 1920, Chapter 204 of the Private Laws of 1923, and Section 2‑2 of the Town Ordinance adopted on August 27, 2013, reads as rewritten:
"Sec. 5. Regular municipal elections for the officers of the Town of Canton, North Carolina, shall be held in odd‑numbered years and shall be conducted in accordance with the uniform municipal election laws of North Carolina. The qualified voters of the Town of Canton shall elect four Aldermen and a Mayor, all of whom must be residents of the Town of Canton. The Mayor shall be elected for a four year term. The four Aldermen shall be elected for staggered four‑year terms. Town officers shall be elected on a partisan basis, as provided in G.S. 163‑291."
SECTION 5.  Section 4 of the Charter of the Town of Clyde, being Chapter 189 of the Private Laws of 1889, as amended by Chapter 240 of the Private Laws of 1891, Chapter 873 of the 1945 Session Laws, Chapter 807 of the 1949 Session Laws, and Chapter 26 of the 1953 Session Laws, reads as rewritten:
"Sec. 4. Regular municipal elections in the Town of Clyde shall be held in odd‑numbered years and shall be conducted in accordance with the uniform municipal election laws of North Carolina. Town officers shall be elected on a partisan basis, as provided in G.S. 163‑291."
SECTION 6.  Section 4‑1 of the Charter of the Town of Maggie Valley, being Chapter 1337 of the 1973 Session Laws, reads as rewritten:
"Sec. 4 ‑1. Conduct of town elections. Regular municipal elections shall be held in the Town in odd‑numbered years and shall be conducted in accordance with the uniform municipal election laws of North Carolina. Town officers shall be elected on a partisan basis, as provided by G.S. 163‑291."
SECTION 7.  Section 3.1 of the Charter of the Town of Waynesville, being Chapter 126 of the 1995 Session Laws, reads as rewritten:
"Sec. 3.1. Regular Municipal Elections; Conduct. Regular municipal elections shall be held in the Town every four years in odd‑numbered years, and shall be conducted in accordance with the uniform municipal election laws of North Carolina. The Mayor and members of the Board shall be elected on a partisan basis, as provided in G.S. 163‑291."
SECTION 8.(a)  Section 4 of the Charter of the Town of Hot Springs, being Chapter 210 of the Private Laws of 1929, reads as rewritten:
"Sec. 4. Regular municipal elections for the officers of the Town of Hot Springs shall be held in odd‑numbered years and shall be conducted in accordance with the uniform municipal election laws of North Carolina. The qualified voters of the Town of Hot Springs shall elect a mayor and a board of aldermen consisting of three members. The Town officers shall be elected for two‑year terms. The Town officers shall be elected on a partisan basis, as provided in G.S. 163‑291."
SECTION 8.(b)  This section becomes effective January 1, 2025, and applies to elections held in 2025 and thereafter.
SECTION 9.(a)  Section 5 of Article I of the Charter of the Town of Mars Hill, being Chapter 890 of the 1953 Session Laws, as amended by Ord. No. 168 adopted on March 6, 2008, reads as rewritten:
"Sec. 5. The corporate and legislative powers of the Town of Mars Hill shall be vested in a mayor and board of aldermen consisting of four members. The mayor shall be elected for a four‑year term, and the four aldermen shall be elected for staggered four‑year terms. Before entering upon the duties of their respective offices, each shall take an oath of office which shall be signed and recorded in the Town Archives."
SECTION 9.(b)  Section 1 of Article VII of the Charter of the Town of Mars Hill, being Chapter 890 of the 1953 Session Laws, as amended by Ord. No. 168 adopted on March 6, 2008, reads as rewritten:
"Section 1. Regular municipal elections in the Town of Mars Hill shall be held in odd‑numbered years and shall be conducted in accordance with the uniform municipal election laws of North Carolina. The mayor and four aldermen shall be elected on a partisan basis, as provided in G.S. 163‑291."
SECTION 9.(c)  Sections 2 through 12 of Article VII of the Charter of the Town of Mars Hill, being Chapter 890 of the 1953 Session Laws, are repealed.
SECTION 10.  Section 3 of the Charter of the Town of Marshall, being Chapter 165 of the Private Laws of 1905, as amended by Chapter 232 of the Private Laws of 1913 and the Town Ordinance adopted on May 5, 1997, reads as rewritten:
"Sec. 3. The qualified voters of the Town of Marshall shall elect a mayor and board of aldermen consisting of five members. The mayor shall be elected for a two‑year term, and the members of the board of aldermen shall be elected for staggered four‑year terms. Regular municipal elections shall be held in odd‑numbered years and shall be conducted in accordance with the uniform municipal election laws of North Carolina. Town officers shall be elected on a partisan basis, as provided in G.S. 163‑291."
SECTION 11.  This Part shall have the effect of repealing any conflicting provisions of local or special acts or conflicting local ordinances relating to the nonpartisan municipal elections for any municipalities covered by this act. This act shall not affect the filling of a vacancy in a municipal election that occurs for a seat elected prior to the effective date of this act.
SECTION 12.  Except as otherwise provided, this Part is effective when it becomes law and applies to elections held in 2023 and thereafter.

PART IV. EFFECTIVE DATE
SECTION 13.  Except as otherwise provided, this act is effective when it becomes law.