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BEAG Meeting Summary 042221
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BEAG Meeting Summary 042221
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BOCC
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4/22/2021
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Regular Meeting
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Advisory Bd. Minutes
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2 <br /> 3. Discussion with Robert (Bob) Joyce, UNC School of Government Professor of <br /> Public Law and Government <br /> Judge Bryan introduced Dr. Bob Joyce, UNC School of Government Professor of Public <br /> Law and Government, to discuss county elections provisions within the state. Dr. Joyce <br /> shared that counties were structures created by and subject to the North Carolina General <br /> Assembly. Dr. Joyce referenced materials he had provided that were included in the <br /> published agenda materials. <br /> Dr. Joyce continued that there were four elements related to the election of members to <br /> boards of commissioners — number of commissioners, term lengths, selection method for <br /> the board chair, and the method of election for members of boards of commissioners. He <br /> followed up by outlining the four methods of election for members of boards of <br /> commissioners. He also shared that the procedures to change the method of electing <br /> members of the boards of commissioners could not be determined by board members <br /> themselves, but were subject to approval of voters by public referendum. He added that, <br /> conversely, city councils were authorized under state law to change the method their <br /> members are elected with or without a referendum, but boards of county commissioners <br /> did not have that authority and must conduct a voter referendum. <br /> Dr. Joyce subsequently shared information regarding the North Carolina General <br /> Assembly's ability to change the method of elections for a county board of commissioners <br /> through state legislation. He noted three examples from the North Carolina General <br /> Statutes that were referenced in the published agenda materials. He confirmed that these <br /> were local acts, not public acts that would apply across the state. Bladen County had <br /> been the subject of local act authorization making changes in the method of elections for <br /> Bladen commissioners. Lee County also had a local act addressing its commissioners' <br /> elections. <br /> Judge Bryan inquired if Group members had any questions for Dr. Joyce. It was noted <br /> that Orange County had a blended election method and that Orange and Carteret <br /> counties may be the only counties that utilized similar blended methods. Dr. Joyce stated <br /> that he was not aware of any specific rationale for Orange County's current method and <br /> not aware of any specific advantages to it. He also shared that any proposed method <br /> change for Orange County could, at the earliest, be scheduled for public referendum as <br /> part of the May 2022 primary election or November 2022 general election, and if approved <br /> by voters, could not be implemented until 2024 elections. The only way a change could <br /> occur sooner would be through a local act by the General Assembly. Dr. Joyce also <br /> shared up that he had some uncertainty about the availability of results from the 2020 <br /> Census and that the General Assembly surely needed to take action regarding the 2022 <br /> election schedule based on that delay. <br /> Responding to other inquiries from Group members, Dr. Joyce stated that a local act <br /> affecting a county's method of elections was typically introduced by a General Assembly <br /> member who represented that county; that the act traditionally, but not always, had the <br /> support of the entire delegation from a county; that the legislation may or may not have <br /> public input; and that the General Assembly had complete autonomy since even the <br />
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