North Carolina § 160A-75 - Voting.

§ 160A-75. Voting.

No member shall be excused from voting except upon matters involving the consideration of the member's own financial interest or official conduct or on matters on which the member is prohibited from voting under G.S. 14-234 or G.S. 160D-109. In all other cases except votes taken under G.S. 160D-601, a failure to vote by a member who is physically present in the council chamber, or who has withdrawn without being excused by a majority vote of the remaining members present, shall be recorded as an affirmative vote. The question of the compensation and allowances of members of the council is not a matter involving a member's own financial interest or official conduct. Notwithstanding subsection (a) of this section, a vote or failure to vote by any member present by means of simultaneous communication in accordance with G.S. 166A-19.24 shall be treated as if the member were physically present only during the period while simultaneous communication is maintained for that member. An affirmative vote equal to a majority of all the members of the council not excused from voting on the question in issue, including the mayor's vote in case of an equal division, shall be required to adopt an ordinance, take any action having the effect of an ordinance, authorize or commit the expenditure of public funds, or make, ratify, or authorize any contract on behalf of the city. In addition, no ordinance nor any action having the effect of any ordinance, except an ordinance on which a public hearing must be held pursuant to G.S. 160D-601 before the ordinance may be adopted, may be finally adopted on the date on which it is introduced except by an affirmative vote equal to or greater than two thirds of all the actual membership of the council, excluding vacant seats and not including the mayor unless the mayor has the right to vote on all questions before the council. For purposes of this section, an ordinance shall be deemed to have been introduced on the date the subject matter is first voted on by the council. History (1917, c. 136, subch. 13, s. 1; C.S., s. 2821; 1971, c. 698, s. 1; 1973, c. 426, s. 16; 1979, 2nd Sess., c. 1247, s. 7; 1983, c. 696; 2001-409, s. 9; 2005-426, s. 5.1(a); 2013-126, s. 11; 2015-160, s. 5; 2019-111, s. 2.5(n); 2020-3, ss. 4.31(h), 4.33(a); 2020-25, s. 51(a), (b), (d).) Local Modification. - City of Burlington: 2014-74, s. 1; city of Mebane: 2017-82, s. 1; city of New Bern: 2016-41, s. 1; town of Elon College: 1985, c. 109. Editor's Note. - Session Laws 2001-409, s. 10, provides that prosecutions for offenses committed before the effective dates of the provisions of the act [Session Laws 2001-409 is effective July 1, 2002] are not abated or affected by the act, and the statutes that would be applicable but for the act remain applicable to those prosecutions. Session Laws 2015-160, s. 6, made the amendment to this section by Session Laws 2015-160, s. 5, applicable to zoning ordinance changes initiated on or after August 1, 2015. Session Laws 2019-111, s. 2.8, is a severability clause. Session Laws 2019-111, s. 3.2, as amended by Session Laws 2020-3, s. 4.33(a), made the amendment of this section by Session Laws 2019-111, s. 2.5(n), effective August 1, 2021, and applicable to local government development regulation decisions made on or after that date, and further provided that: "Part II of this act clarifies and restates the intent of existing law and applies to ordinances adopted before, on, and after the effective date." Session Laws 2020-25, s. 51(a), (b), and (d), effective June 19, 2020, repealed Session Laws 2019-111, s. 3.2, and Session Laws 2020-3, s. 4.33(a), and provides: "Part II of S.L. 2019-111 is effective when this act becomes law [June 19, 2020]. Part II of S.L. 2019-111 clarifies and restates the intent of law existing on the effective date of this act [June 19, 2020] and applies to ordinances adopted before, on, and after that date. Valid local government development regulations that are in effect at the time of the effective date of Part II of S.L. 2019-111 remain in effect but local governments shall amend those regulations to conform to the provisions of Part II of S.L. 2019-111 on or before July 1, 2021. Part II of S.L. 2019-111 applies to local government development regulation decisions made on or after the earlier of: "(1) The effective date of the amendments to local development regulations made to conform to the provisions of Part II of S.L. 2019-111 or "(2) July 1, 2021." Session Laws 2020-3, s. 4.31(j), made subsection (b) of this section and the subsection (a) and (c) designations, as added by Session Laws 2020-3, s. 4.31(h), applicable throughout the duration of any declaration of emergency issued under G.S. 166A-19.20 in effect on or after that date, and further provides: "The actions of any public body in an open meeting conducted via simultaneous communication between March 10, 2020, and the effective date of this section are not deemed invalid due to the use of simultaneous communication to conduct that open meeting." Session Laws 2020-3, s. 5, is a severability clause. Effect of Amendments. - Session Laws 2005-426, s. 5.1(a), effective January 1, 2006, substituted "G.S. 14-234, 160A-381(d), or 160A-388(e1)" for "G.S. 14-234" in the first paragraph. Session Laws 2013-126, s. 11, effective October 1, 2013, substituted "160A-388(e)(2)" for "160A-388(c1)" at the end of the first sentence in the first paragraph. For applicability, see Editor's note. Session Laws 2015-160, s. 5, effective August 1, 2015, inserted "except votes taken under G.S. 160A-385" in the second sentence of the first paragraph. For applicability, see editor's note. Session Laws 2019-111, s. 2.5(n), in the first paragraph, substituted "G.S. 14-234 or G.S. 160D-901 " for "G.S. 14-234, 160A-381(d), or 160A-388(e)(2)" at the end of the first sentence, and substituted "G.S. 160D-601" for "G.S. 160A-385" near the beginning of the second sentence; and substituted "ordinance, except an ordinance on which a public hearing must be held pursuant to G.S. 160D-601 before the ordinance may be adopted, may" for "ordinance may" in the second sentence of the second paragraph. For effective date and applicability, see Editor's note. Session Laws 2020-3, s. 4.31(h), effective January 1, 2021, added the subsections (a) and (c) designations to the existing provisions of the section; and added subsection (b). For applicability, see editor's note.