North Carolina § 153A-22 - Redefining electoral district boundaries.

§ 153A-22. Redefining electoral district boundaries.

If a county is divided into electoral districts for the purpose of nominating or electing persons to the board of commissioners, the board of commissioners may find as a fact whether there is substantial inequality of population among the districts. If the board finds that there is substantial inequality of population among the districts, it may by resolution redefine the electoral districts. Redefined electoral districts shall be so drawn that the quotients obtained by dividing the population of each district by the number of commissioners apportioned to the district are as nearly equal as practicable, and each district shall be composed of territory within a continuous boundary. No change in the boundaries of an electoral district may affect the unexpired term of office of a commissioner residing in the district and serving on the board on the effective date of the resolution. If the terms of office of members of the board do not all expire at the same time, the resolution shall state which seats are to be filled at the initial election held under the resolution. A resolution adopted pursuant to this section shall be the basis of electing persons to the board of commissioners at the first general election for members of the board of commissioners occurring after the resolution's effective date, and thereafter. A resolution becomes effective upon its adoption, unless it is adopted during the period beginning 150 days before the day of a primary and ending on the day of the next succeeding general election for membership on the board of commissioners, in which case it becomes effective on the first day after the end of the period. Not later than 10 days after the day on which a resolution becomes effective, the clerk shall file in the Secretary of State's office, in the office of the register of deeds of the county, and with the chairman of the county board of elections, a certified copy of the resolution. This section shall not apply to counties where under G.S. 153A-58(3)d. or under public or local act, districts are for residence purposes only, and the qualified voters of the entire county nominate all candidates for and elect all members of the board. History (1981, c. 795.) Local Modification. - Dare: 1991, Ex. Sess., c. 2, ss. 4-5.1 (As to applicability and contingency provisions, see 1991 Session Laws, Ex. Sess., c. 2, s. 7); (As to subsection (e)) Carteret: 2012-58, s. 1; Stanly: 2013-361, s. 7. Editor's Note. - Session Laws 1993, c. 521, s. 2 provides: "Section 1 of this act supersedes any previous action under G.S. 153A-22." Section 1 provides: "Chapter 136, Session Laws of 1991, [relating to expanding and redistricting the Guilford County Board of Commissioners] is reenacted." Session Laws 2011-407, s. 3(a), effective July 28, 2011, repealed Session Laws 1991, c. 136, as reenacted by Session Laws 1993, c. 521, s. 1. Session Laws 2011-112, s. 4, provides: "G.S. 153A-22 applies to the Duplin County Board of Commissioners. G.S. 115C-37(i) applies to the Duplin County Board of Education." Session Laws 2013-361, s. 7, provides: "Notwithstanding Part 4 of Article 4 of Chapter 153A of the General Statutes, the structure of the Stanly County Board of Commissioners shall not be altered under that Part prior to the return of the 2020 Census. Following the return of the 2020 Census and each Census thereafter, the Stanly County Board of Commissioners may revise the election districts for the Board of Commissioners and the Board of Education. District boundary lines for the two boards shall remain identical. G.S. 153A-22 applies to the Stanly County Board of Commissioners." Session Laws 2021-56, s. 1.4, provides: "In each county where the county is divided into electoral districts for the purpose of nominating or electing persons to the board of commissioners, the board of county commissioners shall review and revise its electoral districts in accordance with State and federal law, and adopt a resolution containing the revised electoral districts on or before November 17, 2021. Notwithstanding G.S. 153A-22, the resolution becomes effective upon its adoption." Session Laws 2021-56, s. 1.9, provides: "This act shall not apply to offices elected at large in any municipality where there is an election of municipal officers scheduled for 2021, where less than the entire jurisdiction is eligible to vote for candidates for one or more offices on the 2021, and that municipality has notified the county board of elections at least five business days prior to the opening of the 2021 filing period as provided in Article 23 or 24 of Chapter 163 of the General Statutes for the method of election for that municipality. If the county board of elections is so notified, the county board of elections shall open the filing period for the offices elected at large only for that municipality and conduct the election in 2021 in accordance with that municipality's charter and Chapter 163 of the General Statutes." §§ 153A-23, 153A-24: Reserved for future codification purposes.