North Carolina § 163-287 - Special elections; procedure for calling.

§ 163-287. Special elections; procedure for calling.

Any county, municipality, or any special district shall have authority to call special elections as permitted by law. Prior to calling a special election, the governing body of the county, municipality, or special district shall adopt a resolution specifying the details of the election, and forthwith deliver the resolution to the local board of elections. The resolution shall call on the local board of elections to conduct the election described in the resolution and shall state the date on which the special election is to be conducted. In setting the date, counties, municipalities, and special districts are encouraged to set a date that will result in the highest possible voter turnout. However, the special election may be held only as follows: At the same time as any other State or county general election. At the same time as the primary election in any even-numbered year. At the same time as any other election requiring all the precincts in the county to be open. At the same time as a municipal general election, if the special election is within the jurisdiction of the municipality only. Legal notice of the special election shall be published no less than 45 days prior to the special election. The local board of elections shall be responsible for publishing the legal notice. The notice shall state the date and time of the special election, the issue to be submitted to the voters, and the precincts in which the election will be held. This subsection shall not apply to bond elections. The last sentence of subsection (a) of this section shall not apply to any special election related to the public health or safety, including a vacancy in the office of sheriff or a bond referendum for financing of health and sanitation systems, if the governing body adopts a resolution stating the need for the special election at a time different from any other State, county, or municipal general election or the primary in any even-numbered year. The last sentence of subsection (a) of this section shall not apply to municipal incorporation or recall elections pursuant to local act of the General Assembly. The last sentence of subsection (a) of this section shall not apply to municipal elections to fill vacancies in office pursuant to local act of the General Assembly where more than six months remain in the term of office, and if less than six months remain in the office, the governing board may fill the vacancy for the remainder of the unexpired term notwithstanding any provision of a local act of the General Assembly. This section shall not impact the authority of the courts or the State Board to order a new election at a time set by the courts or State Board under this Chapter. History (1971, c. 835, s. 1; 1973, c. 793, s. 86; 1993 (Reg. Sess., 1994), c. 762, s. 65; 2011-31, s. 7; 2013-381, s. 10.1; 2014-111, s. 17.5(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) Editor's Note. - This section was recodified as now former G.S. 163A-1592 by Session Laws 2017-6, s. 3. Former G.S. 163A-1592 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified. Session Laws 2013-381, s. 10.32, made the amendment to this section by Session Laws 2013-381, 10.1, applicable to special elections held on or after January 1, 2014. Session Laws 2013-381, s. 60.1, is a severability clause. Session Laws 2014-111, s. 17.5(b) made the amendments to subsection (a) of this section by Session Laws 2014-111, s. 17.5(a), effective January 1, 2015, and applicable to all special elections held on or after that date. Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section. Effect of Amendments. - Session Laws 2011-31, s. 7, effective April 7, 2011, in the first sentence of the first paragraph, substituted "Any municipality or any special district" for "Any city, whether its elections are conducted by the county board of elections or the municipal board of elections, or any special district"; and in the second sentence of the last paragraph, deleted "appropriate" preceding "board of elections." Session Laws 2013-381, s. 10.1, effective January 1, 2014, redesignated and rewrote the formerly undesignated provisions of this section as present subsections (a) and (b); and added subsections (c) through (f). For applicability, see editor's note. Session Laws 2014-111, s. 17.5(a), rewrote the former last sentence of subsection (a) as the present last two sentences. See Editor's note for effective date and applicability.