GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
S 2
SENATE BILL 269
Redistricting and Elections Committee Substitute Adopted 3/31/21
Short Title: Flexibility in Filling Vacancies/Durham. |
(Local) |
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Sponsors: |
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Referred to: |
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March 15, 2021
A BILL TO BE ENTITLED
AN ACT to provide flexibility in filling vacancies on the city council in the city of durham.
The General Assembly of North Carolina enacts:
SECTION 1. Section 13.2 of the Charter of the City of Durham, being Chapter 671 of the 1975 Session Laws, as amended by Chapter 852 of the 1979 Session Laws and S.L. 2001‑480, reads as rewritten:
"§ 13.2. Sec. 13.2. Vacancies
in office of Mayor or member of City Council. – (a) For the purpose of this
section, the word 'vacancy' also includes a refusal or failure to qualify for
office.
(b) If a vacancy occurs in
the office of Mayor, the City Council shall, except as provided in
subsection (d) of this section, may, within 60 days 120
days of the vacancy, choose appoint some qualified person for
Mayor for the unexpired portion of the term.
(c) If a vacancy occurs in
the office of Council member, the City Council shall, except as provided in
subsection (d) of this section, may, within 60 days 120
days of the vacancy, choose appoint some qualified person to
fill the place of such Council member for the remainder of the unexpired term.
If the vacancy to be filled occurs in a seat occupied by a Council member elected from a ward, then such person chosen to fill such vacancy shall reside in the ward from which the Council member whose place is to be filled was nominated.
(d) If the City Council
fails to choose does not appoint some qualified person within 60
days 120 days after the vacancy occurs, it may not fill the vacancy
by appointment, but shall call a special election under the provisions of
Section 13.3 of this Chapter, provided that if the vacancy occurs after the
first day of June in the year in which the term is to expire, the Council need
not call a special election."
SECTION 2. Section 13.3 of the Charter of the City of Durham, being Chapter 671 of the 1975 Session Laws, as amended by Chapter 852 of the 1979 Session Laws and S.L. 2001‑480, reads as rewritten:
"§ 13.3. Sec. 13.3. Special
election to fill vacancies. – (a) If the City Council is required to call a
special election under the provisions of Section 13.2 of this Charter, it shall
follow the procedures of this section.
(b) The special election shall be called and conducted in accordance with G.S. 163‑287, except as otherwise provided in this section.
(c) The City Council
shall within seven days of the expiration of the 60 day 120‑day
period provided in Section 13.2(d) of this Charter adopt a resolution
calling a special election. Such special election may be held on the same date
as any county or State or municipal primary, or general election, referendum or
special election, but may not otherwise be held within the period beginning 30
days before and ending 30 days after the date of any such election, primary,
special election, or referendum.
…."
SECTION 3. This act is effective when it becomes law.