§ 160A-23.1. Special rules for redistricting after a federal decennial census.
§ 160A‑23.1. Specialrules for redistricting after a federal decennial census.
(a) As soon as possibleafter receipt of federal decennial census information, the council of any citywhich elects the members of its governing board on a district basis, or wherecandidates for such office must reside in a district in order to run, shallevaluate the existing district boundaries to determine whether it would belawful to hold the next election without revising districts to correctpopulation imbalances. If such revision is necessary, the council shallconsider whether it will be possible to adopt the changes (and obtain approvalfrom the United States Department of Justice, if necessary) before the thirdday before opening of the filing period for the municipal election. The councilshall take into consideration the time that will be required to afford ampleopportunities for public input. If the council determines that it most likelywill not be possible to adopt the changes (and obtain federal approval, if necessary)before the third business day before opening of the filing period, anddetermines further that the population imbalances are so significant that itwould not be lawful to hold the next election using the current electoraldistricts, it may adopt a resolution delaying the election so that it will beheld on the timetable provided by subsection (d) of this section. Beforeadopting such a resolution, the council shall hold a public hearing on it. Thenotice of public hearing shall summarize the proposed resolution and shall bepublished at least once in a newspaper of general circulation, not less thanseven days before the date fixed for the hearing. Notwithstanding adoption ofsuch a resolution, if the council proceeds to adopt the changes, (and federalapproval is obtained, if necessary) by the end of the third business day beforethe opening of the filing period, the election shall be held on the regularschedule under the revised electoral districts. Any resolution adopted underthis subsection, and any changes in electoral district boundaries made underthis section shall be submitted to the United States Department of Justice (ifthe city is covered under Section 5 of the Voting Rights Act of 1965), theState Board of Elections, and to the board conducting the elections for thatcity.
(b) In adopting anyrevisal under this section, if the council determines that in order for theplan to conform to the Voting Rights Act of 1965, the number of district seatsneeds to be increased or decreased, it may do so by following the proceduresset forth in Part 4 of Article 5 of Chapter 160A of the General Statutes,except that the ordinance under G.S. 160A‑102 may be adopted at the samemeeting as the public hearing, and any referendum on the change under G.S. 160A‑103shall not apply to the municipal election in the two years following a federaldecennial census.
(c) If the resolutionprovided for in subsection (a) of this section is not adopted and:
(1) Proposed changes tothe electoral districts are not adopted, or
(2) Such changes areadopted, but approval under the Voting Rights Act of 1965, as amended, isrequired, and notice of such approval is not received,
by the end of the third businessday before the opening of the filing period, the election shall be held on theregular schedule using the current electoral districts.
(d) If the counciladopts the resolution provided for in subsection (a) of this section and doesnot adopt the changes, or does adopt the changes, but approval under the VotingRights Act of 1965, as amended, is required, and notice of such approval is notreceived, by the end of the third day before the opening of the filing period,the municipal election shall be rescheduled as provided in this subsection andcurrent officeholders shall hold over until their successors are elected andqualified. For cities using the:
(1) Partisan primary andelection method under G.S. 163‑291, the primary shall be held on theprimary election date for county officers in the second year following afederal decennial census, the second primary, if necessary, shall be held onthe second primary election date for county officers in that year, and thegeneral election shall be held on the general election date for county officersin that year.
(2) Nonpartisan primaryand election method under G.S. 163‑294, the primary shall be held on theprimary election date for county officers in the second year following afederal decennial census, and the election shall be held on the date for thesecond primary for county officers in that year.
(3) Nonpartisanplurality election method under G.S. 163‑292, the election shall be heldon the primary election date for county officers in the second year following afederal decennial census.
(4) Election and runoffmethod under G.S. 163‑293, the election shall be held on the primaryelection date for county officers in the second year following a federaldecennial census, and the runoffs, if necessary, shall be held on the date forthe second primary for county officers in that year.
The organizational meeting ofthe new council may be held at any time after the results of the election havebeen officially determined and published, but not later than the time and dateof the first regular meeting of the council in November of the second yearfollowing a federal decennial census, except in the case of partisan municipalelections, when the organizational meeting shall be held not later than thetime and date of the first regular meeting of the council in December of thesecond year following a federal decennial census.
(e) This section doesnot apply to any municipality that, under its charter, is not scheduled to holdan election in the year following a federal decennial census. (1989 (Reg. Sess., 1990), c.1012, s. 2; 1999‑227, s. 4; 2000‑140, s. 34; 2002‑159, s. 52;2009‑414, s. 1.)