Orange County NC Website
3 <br />this year requests that the Board pursue this mode. House Bill 913 also <br />would, if approved by the voters of the County, create this type of election <br />system. Chapter 136 of the 1991 Session Laws, which expanded and <br />redistricted the Guilford County Board of Commissioners, is an example of the <br />creation of a board structure using this mode. <br />c) The qualified voters of each district nominate candidates who reside in the <br />district and the qualified voters of the entire County nominate candidates for <br />seats apportioned to the County at large, if any; and the qualified voters of the <br />entire County elect all the members of the Board. <br />d) The qualified voters of the entire County nominate candidates and elect <br />members; candidates and members reside in apportioned districts. Chapter <br />43 of the 1981 Session Laws, involving Randolph County, is an example. <br />If the district mode of election is chosen, the Board of Commissioners divides the County <br />into districts according to the apportionment plan adopted and delineates the districts. If a <br />district mode is chosen, no more than half the Board may be apportioned to the County at-large. <br />North Carolina General Statute 153A-60 provides that the Board of Commissioners <br />initiates any alteration of Board structure by resolution. The alteration of Board structure is then <br />accomplished or not following a referendum conducted by the County Board of Elections. <br />North Carolina General Statute 153A-61 directs the ballot question that, in effect is, yes <br />for the altered structure described in the ballot or no for the altered structure. If the referendum <br />passes, the new structure is put into effect. If the referendum fails, the resolution adopted by <br />the Board of Commissioners calling for the restructuring and the plan for the altered structure <br />are both void. <br />Commissioner Gordon asked about the term "residential district" and Geof Gledhill said <br />that this is a term used to describe the system whereby the Commissioners reside in districts, <br />but they are nominated and elected countywide. This is option `d'. Chatham County uses this <br />option. He said that one of the interesting quirks in the law, is that if the residential district <br />system is used; there is no way to fix the balance of the districts except through a referendum. <br />The method by which a Board of Commissioners in North Carolina is elected that is <br />authorized by North Carolina law, so long as it complies with the "one person, one vote" <br />principle and does not violate the Voting Rights Act, is inherently political and legally raises only <br />a political question. <br />There are several kinds of districts that have been approved by the federal courts. The <br />North Carolina General Statutes relating to district representation talk only about <br />"representational equality" or a total population equality. The federal courts have recognized <br />that "electoral equality" is also acceptable under the "one person, one vote" principle. Under <br />electoral equality, you can use registered voters as opposed to the total population. The <br />Durham County Board of Education merger created an election system for the Durham County <br />Board of Education, which used registered voters as the basis for the districts. <br />The North Carolina General Assembly has the power, under the North Carolina <br />Constitution, by legislative fiat, to direct, county by county, the method by which boards of <br />commissioners are elected, so long as each such method complies with the "one person, one <br />vote" principle and does not violate the Voting Rights Act. <br />Commissioner Jacobs made reference to the letter from 1996 on page 7 of the report <br />regarding cumulative voting and asked if Geof Gledhill was saying that it was unconstitutional in <br />North Carolina or if it has just never been talked about. Geof Gledhill said that cumulative <br />