North Carolina § 159-61 - Bond referenda; majority required; notice of referendum; form of ballot; canvass.

§ 159-61. Bond referenda; majority required; notice of referendum; form of ballot; canvass.

If a bond order is to take effect upon approval of the voters, the affirmative vote or a majority of those who vote thereon shall be required. The date of a bond referendum shall be fixed by the governing board, but shall not be more than one year after adoption of the bond order, only on a date permitted by G.S. 163-287. The clerk shall mail or deliver a certified copy of the resolution calling a special bond referendum to the board of elections that is to conduct it within three days after the resolution is adopted, but failure to observe this requirement shall not in any manner affect the validity of the referendum or bonds issued pursuant thereto. Bond referenda shall be conducted by the board of elections conducting regular elections of the county, city, or special district. Several bond orders or other matters may be voted upon at the same referendum. The clerk shall publish a notice of the referendum at least twice. The first publication shall be not less than 14 days and the second publication not less than seven days before the last day on which voters may register for the referendum. The notice shall state the date of the referendum, the maximum amount of the proposed bonds, the purpose of the bonds, a statement that taxes will or may be levied for the payment thereof, and a statement as to the last day for registration for the referendum under the election laws then in effect. The form of the question as stated on the ballot shall be in substantially the following words: The board of elections shall canvass the referendum and certify the results to the governing board. The governing board shall then certify and declare the result of the referendum and shall publish a statement of the result once, with the following statement appended: "Shall the order authorizing $ ____________ bonds plus interest for (briefly stating the purpose) and providing that additional taxes may be levied in an amount sufficient to pay the principal of and interest on the bonds be approved? [ ] YES [ ] NO" "Any action or proceeding challenging the regularity or validity of this bond referendum must be begun within 30 days after _____________________________________________________________________ (date of publication) _____________________________________________________________________ (title of governing board)" The statement of results shall be filed in the clerk's office and inserted in the minutes of the board. History (1917, c. 138, s. 22; 1919, c. 178, s. 3(22); c. 291; C.S., s. 2948; 1921, c. 8, s. 1; Ex. Sess. 1921, c. 106, s. 1; 1927, c. 81, ss. 22, 23, 25-27, 29; 1949, c. 497, ss. 2, 4; 1953, c. 1065, ss. 1, 2; 1971, c. 780, s. 1; 1973, c. 494, s. 9; 2013-200, s. 4; 2013-381, s. 10.26; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.) Re-recodification; Techical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163 A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification. Pursuant to this authority, the Revisor substituted "G.S. 163A-1592" for "G.S. 163-287" in subsection (b). Session Laws 2018-146, ss. 3.1(a), (b), and 6.1, repealed Session Laws 2017-6, s. 3, and authorized the Revisor of Statutes to re-recodify Chapter 163A into Chapters 163, 138A, and 120C and to revert the changes made by the Revisor pursuant to Session Laws 2017-6, s. 3. Pursuant to this authority, the Revisor of Statutes reverted the reference in subsection (b). Editor's Note. - As to the publication of first notice and the closing of registration books for local elections held under former G. S. 163-287 or this section on June 10, 1982, see Session Laws 1982, 2nd Ex. Sess., c. 3, s. 19.2. Session Laws 1999-152, ss. 1 and 2, provides that bond referenda held by units of local government in connection with the authorization of bonds are hereby ratified, approved, confirmed, and in all respects validated, notwithstanding the provisions of G.S. 159-61(b), if the authorization of the bonds was approved at an election by a majority of the qualified voters of the unit voting thereon and notice of the referendum was published. This act applies to all bond referenda held by units of local government between April 1, 1997, and June 1, 1998. As to any bond referendum held on the date of the 2002 statewide primary, see Session Laws 2002-21 (Extra Session), s. 1(i), (j), and ( l ). Session Laws 2013-381, s. 10.32, made the amendment to subsection (b) by Session Laws 2013-381, 10.26, applicable to special elections held on or after January 1, 2014. Session Laws 2013-381, s. 60.1, is a severability clause. Effect of Amendments. - Session Laws 2013-381, s. 10.26, effective January 1, 2014, in subsection (b), added "only on a date permitted by G.S. 163-287 " at the end of the first sentence, deleted the former second and third sentences, which read: "The governing board may call a special referendum for the purpose of voting on a bond issue on any day, including the day of any regular or special election held for another purpose (unless the law under which the bond referendum or other election is held specifically prohibits submission of other questions at the same time). A special bond referendum may not be held within 30 days before or 10 days after a statewide primary, election, or referendum, or within 30 days before or 10 days after any other primary, election, or referendum to be held in the same unit holding the bond referendum and already validly called or scheduled by law at the time the bond referendum is called." and deleted the former next-to-last sentence, which read: "In fixing the date of a bond referendum, the governing board shall consult the board of elections in order that the referendum shall not unduly interfere with other elections already scheduled or in process." For applicability, see Editor's note.