Agenda - 08-24-2005- - Laserfiche WebLink

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MR North Carolina General Statute 153A -61 directs the ballot question that, in effect is, yes for the altered structure described in the ballot or no for the altered structure. If the referendum passes, the new structure is put into effect If the referendum fails, the resolution adopted by the Board of Commissioners calling for the restructuring and the plan for the altered structure are both void. Commissioner Gordon asked about the term "residential district" and Geof Gledhill said that this is a term used to describe the system whereby the Commissioners reside in districts, but they are nominated and elected countywide. This is option 'd'. Chatham County uses this option. He said that one of the interesting quirks in the law, is that if the residential district system is used; there is no way to fix the balance of the districts except through a referendum. The method by which a Board of Commissioners in North Carolina is elected that is authorized by North Carolina law, so long as it complies with the "one person, one vote" principle and does not violate the Voting Rights Act, is inherently political and legally raises only a political question. There are several kinds of districts that have been approved by the federal courts The North Carolina General Statutes relating to district representation talk only about "representational equality" or a total population equality, The federal courts have recognized that "electoral equality" is also acceptable under the "one person, one vote" principle. Under electoral equality, you can use registered voters as opposed to the total population. The Durham County Board of Education merger created an election system for the Durham County Board of Education, which used registered voters as the basis for the districts The North Carolina General Assembly has the power, under the North Carolina Constitution, by legislative fiat, to direct, county by county, the method by which boards of commissioners are elected, so long as each such method complies with the "one person, one vote" principle and does not violate the Voting Rights Act.. Commissioner Jacobs made reference to the letter from 1996 on page 7 of the report regarding cumulative voting and asked if Geof Gledhill was saying that it was unconstitutional in North Carolina or if it has just never been talked about. Geof Gledhill said that cumulative voting presents unique questions about the "one person, one vote" principle that have not been explored as far as he knows in North Carolina. It is not authorized by the general law, but it could be authorized by the General Assembly if it meets the "one person, one vote' principle and also the Voting Rights Act. Commissioner Jacobs made reference to page 69 and the testimony from Lightning Brown on September 28, 1992, where he talks about "focused voting." He asked if this was allowed under North Carolina law. Geof Gledhill said that the answer is the same as above — it is not expressly authorized, but the General Assembly could authorize it if it met the two requirements. Commissioner Jacobs made reference to page 24 and the Limited Voting Plan and asked for an explanation. Geof Gledhill said that it looks to be a variation on the proportional voting system. He has not looked at this particular system in detail. Chair Carey verified with Geof Gledhill that if the Board wanted to change the way County Commissioners were selected, the Board would adopt a resolution and then submit it for a referendum. He asked if there was any other way and Geof Gledhill said that they could ask the General Assembly. These are the only ways to change the way in which County Commissioners are elected in Orange County Chair Carey said that Orange County is not a Voting Rights Act county Geof Gledhill said that Orange County is subject to the Voting Rights Act, but it is not subject to Justice Department Free Clearance because there is no history of minorities being unable to be elected