Agenda item 2 - Additional Discussion Regarding the Election Method for Members of the Orange County Board of Commissioners

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21 Attachment H Redefining electoral districts North Carolina General Statutes authorize Boards of Commissioners to redefine electoral districts if the Board finds there is "substantial inequality" of population among the districts. This action is generally appropriate to be considered after a census, however, if something else occurs that substantially impacts population it would be appropriate to consider this action then as well. There doesn't appear to be any statutory justification for redefining electoral district boundaries for any reason other than population inequality, although an argument could be made that inequality among protected populations may qualify as well. § 153A -22. Redefining electoral district boundaries. (a) 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. (b) If the board finds that there is substantial inequality of population among the districts, it may by resolution redefine the electoral districts. (c) 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. (d) 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. (e) 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. (f) 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. (g) 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. (1981, c. 795.) Nonpartisan elections State law authorizes nonpartisan elections for municipal governing boards, but there is no corresponding authority for county governing boards. All 100 county boards are elected on a partisan basis. The legislature would have to authorize an alteration of the election method to have county commissioners elected on a nonpartisan basis. Altering Board Structure and Timing § 153A -58. Optional structures. A county may alter the structure of its board of commissioners by adopting one or any