GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2023
SESSION LAW 2023-44
SENATE BILL 265
AN ACT to provide that regular municipal elections for municipalities in henderson, polk, and rutherford counties are held in even‑numbered years; to extend the terms of the mayor in the town of tryon and all elected officers in the town of ruth from two to four YEARS; AND TO PROVIDE FOR FOUR‑YEAR TERMS OF OFFICE FOR ALL MEMBERS OF THE POLK COUNTY BOARD OF COMMISSIONERS.
The General Assembly of North Carolina enacts:
PART I. MUNICIPALITIES IN HENDERSON COUNTY
SECTION 1.1.(a) Chapter III of the Charter of the Village of Flat Rock, being Chapter 48 of the 1995 Session Laws, reads as rewritten:
"CHAPTER III.
"GOVERNING BODY.
…
"Sec. 3.3. Term of Office
of Council Members. In the 1995 municipal election, two Two members
shall be elected from each electoral district. In each electoral district in
1995, the person receiving the highest number of votes is elected to a four‑year
term, and the person receiving the next highest number of votes is elected to a
two‑year term. In 1997 and biennially thereafter, one person is elected
from each electoral district for a staggered four‑year term.terms.
"Sec. 3.4. Election of
Mayor; Term of Office. The qualified voters of the entire Village elect the
Mayor. A Mayor shall be elected in 1995 and quadrennially thereafter for
a four‑year term."
SECTION 1.1.(b) Section 4.1 of the Charter of the Village of Flat Rock, being Chapter 48 of the 1995 Session Laws, reads as rewritten:
"Sec. 4.1. Conduct of Village Elections. Regular municipal elections shall be held at the time of the general election in each even‑numbered year. Village officers shall be elected on a nonpartisan basis and results determined by the primary method as provided in G.S. 163‑294. Except as otherwise provided by this act, the election shall be conducted in accordance with the uniform municipal election laws in Chapter 163 of the General Statutes."
SECTION 1.1.(c) No municipal elections shall be conducted in the Village of Flat Rock in 2023. The terms of the Mayor and the three Council members serving on the effective date of this act whose terms are set to expire in 2023 shall be extended by one year. The terms of the three Council members serving on the effective date of this act whose terms are set to expire in 2025 shall be extended by one year. Regular municipal elections shall be conducted in the Village of Flat Rock in even‑numbered years beginning in 2024.
SECTION 1.1.(d) In 2024 and quadrennially thereafter, a mayor and one Council member from each electoral district shall be elected to serve four‑year terms. In 2026 and quadrennially thereafter, one Council member from each electoral district shall be elected to serve a four‑year term.
SECTION 1.2.(a) Chapter III of the Charter of the Town of Fletcher, being Chapter 44 of the 1989 Session Laws, reads as rewritten:
"Chapter III.
"Governing Body.
…
"Sec. 3.3. Term of office of
Council members. Members of the Town Council are elected to staggered four‑year
terms, except at the initial election in 1989, the two highest vote getters
who are elected to district seats shall be elected to four-year terms, and the
next two highest vote-getters elected to district seats shall be elected to
two-year terms. In 1991 and quadrennially thereafter, two members of the
Council shall be elected for four‑year terms. In 1993 and quadrennially
thereafter, two members of the Council shall be elected for four‑year terms.
"Sec. 3.4. Selection of Mayor;
term of office. The qualified voters of the entire town nominate and elect the
Mayor. A mayor shall be elected in 1989 and quadrennially thereafter for
a four‑year term."
SECTION 1.2.(b) Chapter IV of the Charter of the Town of Fletcher, being Chapter 44 of the 1989 Session Laws, reads as rewritten:
"Chapter IV.
"Elections.
"Sec. 4.1. Conduct of Town elections. Regular municipal elections shall be held at the time of the general election in each even‑numbered year. The Town Council and Mayor shall be elected on a nonpartisan basis and the results determined by the primary method as provided by G.S. 163‑294; provided that if the City of Hendersonville is scheduled to hold a primary on the sixth Tuesday before the election under G.S. 163‑279(a)(2), the nonpartisan primary in the Town of Fletcher shall be on that date. Except as otherwise provided by this act, the election shall be conducted in accordance with the uniform municipal election laws of North Carolina."
SECTION 1.2.(c) No municipal elections shall be conducted in the Town of Fletcher in 2023. The terms of the two Council members serving on the effective date of this act whose terms are set to expire in 2023 shall be extended by one year. The terms of the Mayor and the two Council members serving on the effective date of this act whose terms are set to expire in 2025 shall be extended by one year. Regular municipal elections shall be conducted in the Town of Fletcher in even‑numbered years beginning in 2024.
SECTION 1.2.(d) In 2024 and quadrennially thereafter, one Council member from each of Districts 2 and 3 shall be elected to serve four‑year terms. In 2026 and quadrennially thereafter, a mayor and one Council member from each of Districts 1 and 4 shall be elected to serve four‑year terms.
SECTION 1.3.(a) Article IV of the Charter of the City of Hendersonville, being Chapter 874 of the 1971 Session Laws, as amended by City Ordinance No. 1995‑06‑08 adopted on June 8, 1995, and S.L. 2016‑15, reads as rewritten:
"ARTICLE IV. ELECTION PROCEDURES
"Sec. 4.1. Regular Municipal
Elections. Regular municipal elections shall be held quadrennially on the
date provided by law. In each election year, there shall be elected by the
qualified voters of the City four Council Members (in addition to the Mayor) to
serve for terms of four years, or at the time of the general election in
each even‑numbered year. The Mayor and Council Members shall serve until
their successors are elected and qualified.
"Sec. 4.2. Regular Municipal
Primaries. There shall be a regular municipal primary at which each
political party shall nominate four candidates for City Commissioners and one
for the office of Mayor, to be filled at the regular municipal election.The
Mayor and Council Members shall be elected on a nonpartisan basis and results
determined by the primary method as provided in G.S. 163‑294.
"Sec. 4.3. Voting. In the
elections to be held during the calendar year 1997, each voter shall be
entitled to vote for four (4) candidates for City Council and one (1) candidate
for the office of mayor. In the election to be held in 1997, two (2) of the
council members shall be elected each for a term of two (2) years and two (2)
of the council members shall be elected for a term of four (4) years; provided,
that the two candidates for council seats receiving the greatest and second
greatest number of votes shall be declared elected to the terms of four (4)
years, and that the two (2) candidates receiving the third and fourth greatest
number of votes shall be declared elected to the terms of two (2) years. In the
case of a tie involving the second and third greatest number of votes,
declaration for the two (2) year and four (4) year terms shall be decided by
lot. Beginning in 1999, elections shall be held every two (2) years and all
vacated council seats shall be filled for a term of four (4) years. The
Council Members shall be elected for staggered terms of four years. The
mayor shall be elected every four (4) years for a term of four (4) years.
"Sec. 4.4. Regulation of
Elections. All municipal elections shall be conducted in accordance with the general
laws of North Carolina relating to municipal elections, uniform
municipal election laws in Chapter 163 of the General Statutes, except as
otherwise herein provided.provided by this act."
SECTION 1.3.(b) No municipal elections shall be conducted in the City of Hendersonville in 2023. The terms of the two Council members serving on the effective date of this act whose terms are set to expire in 2023 shall be extended by one year. The terms of the Mayor and the two Council members serving on the effective date of this act whose terms are set to expire in 2025 shall be extended by one year. Regular municipal elections shall be conducted in the City of Hendersonville in even‑numbered years beginning in 2024.
SECTION 1.3.(c) In 2024 and quadrennially thereafter, two Council members shall be elected to serve four‑year terms. In 2026 and quadrennially thereafter, a mayor and two Council members shall be elected to serve four‑year terms.
SECTION 1.4.(a) Section 3.1 of the Charter of the Town of Laurel Park, being S.L. 2000‑8, reads as rewritten:
SECTION 1.4.(b) Sections 3.2 and 3.3 of the Charter of the Town of Laurel Park, being S.L. 2000‑8, are repealed.
SECTION 1.4.(c) No municipal elections shall be conducted in the Town of Laurel Park in 2023. The terms of the Mayor and the two Commissioners serving on the effective date of this act whose terms are set to expire in 2023 shall be extended by one year. The terms of the two Commissioners serving on the effective date of this act whose terms are set to expire in 2025 shall be extended by one year. Regular municipal elections shall be conducted in the Town of Laurel Park in even‑numbered years beginning in 2024.
SECTION 1.4.(d) In 2024 and quadrennially thereafter, a mayor and two Commissioners shall be elected to serve four‑year terms. In 2026 and quadrennially thereafter, two Commissioners shall be elected to serve four‑year terms.
SECTION 1.5.(a) Section 3.3 of the Charter of the Town of Mills River, being S.L. 2003‑242, reads as rewritten:
"Section 3.3. Manner of
Electing Town Council; Terms of Office. Two of the Council members shall be
elected at large from the residents of the Town and three shall be elected from
each of Districts 1, 2, and 3 respectively, as provided in Article IV of this
Charter. The qualified voters of the entire Town shall elect all the members of
the Town Council, and, except as provided in this section, and they
shall serve staggered four‑year terms. In 2003, two Council
members shall be elected at large and they shall serve for four‑year
terms, and one Council member shall be elected from each of Districts 1, 2, and
3, respectively and they shall serve for two‑year terms. In 2005, and
quadrennially thereafter, one Council member shall be elected from each of
Districts 1, 2, and 3 respectively and they shall serve for four‑year
terms. In 2007, and quadrennially thereafter, two members shall be elected at
large and they shall serve for four‑year terms."
SECTION 1.5.(b) Section 4.1 of the Charter of the Town of Mills River, being S.L. 2003‑242, reads as rewritten:
"Section 4.1. Conduct of
Town Elections. Town elections shall be conducted on a nonpartisan basis
and the results determined by plurality, as provided in G.S. 163‑292.
Elections shall be conducted by the Henderson County Board of Elections in
accordance with general law, except as may be modified by this Charter.Elections."
SECTION 1.5.(c) Section 4.2 of the Charter of the Town of Mills River, being S.L. 2003‑242, reads as rewritten:
"Section 4.2. Regular
Municipal Elections; District Boundaries. Regular municipal elections shall
be held at the time of the general election in each odd‑numbered
year even‑numbered year. Except as otherwise provided by this act,
the election shall be conducted in accordance with the uniform municipal
election laws of North Carolina. For purpose of the election of Town Council
members, the Town is divided into three geographical subdivisions, known as
districts, and all qualified voters of the Town may cast a vote for each seat.
A written description or map showing the current boundaries of the three
election districts shall be maintained in the office of the Town Clerk and
shall be available for public inspection. The district boundaries may be
amended periodically pursuant to the provisions of general law. Whenever areas
are hereafter annexed and made part of the Town, the Town Council shall, by
ordinance, redefine and rearrange the three election districts so as to include
the annexed areas. The ordinance shall be adopted at least seven days prior to
the opening of candidate filing for the municipal election next succeeding the
date of any annexation and shall provide for three election districts of
approximately equal population. In redefining and rearranging the election
district lines, the Town Council shall follow as nearly as practical existing
district lines."
SECTION 1.5.(d) No municipal elections shall be conducted in the Town of Mills River in 2023. The terms of the two Council members serving on the effective date of this act whose terms are set to expire in 2023 shall be extended by one year. The terms of the three Council members serving on the effective date of this act whose terms are set to expire in 2025 shall be extended by one year. Regular municipal elections shall be conducted in the Town of Mills River in even‑numbered years beginning in 2024.
SECTION 1.5.(e) In 2024 and quadrennially thereafter, two Council members shall be elected at‑large to serve four‑year terms. In 2026 and quadrennially thereafter, one Council member shall be elected from each of Districts 1, 2, and 3, respectively, to serve four‑year terms.
PART II. MUNICIPALITIES IN POLK COUNTY
SECTION 2.1.(a) Article III of the Charter of the Town of Columbus, being Chapter 46 of the 1985 Session Laws, as amended by Town Ordinance No. 68 adopted on February 18, 2003, reads as rewritten:
"ARTICLE III. ELECTIONS
"Section 3.1. Regular
Municipal Elections. Regular municipal elections shall be held at the time
of the general election in each odd-numbered year even‑numbered
year. Except as otherwise provided by this act, the election shall be conducted
in accordance with the uniform municipal election laws of North Carolina.
The Mayor and Council members shall be elected by the voters of the Town on an
at‑large basis, by the nonpartisan plurality method of election.election,
as provided in G.S. 163‑292.
"Section 3.2. Election of the
Council Members. The Council members serving on the date of ratification of
this Charter may continue to shall serve until expiration of their
terms, or until their successors are elected and qualified. Council members
shall continue to be elected and to serve on a staggered term system. At each such
municipal election the candidate receiving the highest number of
votes shall serve for a term of four years, and the two candidates receiving
the next highest number of votes shall serve for a period of two years.
"Section 3.3. Election of the
Mayor. The Mayor serving on the date of ratification of this Charter may
continue to serve until the expiration of his or her term, or shall
serve until a successor is elected and qualified. At the regular
municipal election in 1985 and every two years thereafter, there The
Mayor shall be elected a Mayor to serve as provided in Article II of
this Charter.
…."
SECTION 2.1.(b) No municipal elections shall be conducted in the Town of Columbus in 2023. The terms of the Mayor and the two Council members serving on the effective date of this act whose terms are set to expire in 2023 shall be extended by one year. The terms of the two Council members serving on the effective date of this act whose terms are set to expire in 2025 shall be extended by one year. Regular municipal elections shall be conducted in the Town of Columbus in even‑numbered years beginning in 2024.
SECTION 2.1.(c) In 2024 and biennially thereafter, a mayor shall be elected to serve a two‑year term and three Council members shall be elected for staggered terms.
SECTION 2.2.(a) Notwithstanding the Charter of the City of Saluda, being Chapter 5 of the Private Laws of 1881, as amended by Chapter 93 of the Private Laws of 1903, Chapter 20 of the Private Laws of 1907, and Chapter 191 of the Private Laws of 1913, regular municipal elections in the City of Saluda for the election of the Mayor and Commissioners shall be held at the time of the general election in even‑numbered years. Election of the Mayor and Commissioners shall be on a nonpartisan plurality basis and the results determined in accordance with G.S. 163‑292. Except as otherwise provided by this act, the election shall be conducted in accordance with the uniform municipal election laws in Chapter 163 of the General Statutes.
SECTION 2.2.(b) No municipal elections shall be conducted in the City of Saluda in 2023. The terms of the two Commissioners serving on the effective date of this act whose terms are set to expire in 2023 shall be extended by one year. The terms of the Mayor and the two Commissioners serving on the effective date of this act whose terms are set to expire in 2025 shall be extended by one year. Regular municipal elections shall be conducted in the City of Saluda in even‑numbered years beginning in 2024.
SECTION 2.2.(c) In 2024 and quadrennially thereafter, two Commissioners shall be elected to serve four‑year terms. In 2026 and quadrennially thereafter, a mayor and two Commissioners shall be elected to serve four‑year terms.
SECTION 2.3.(a) Section 3.3 of the Charter of the Town of Tryon, being Chapter 441 of the 1971 Session Laws, as amended by S.L. 2013‑261, reads as rewritten:
"Sec. 3.3. Terms;
Qualifications; Vacancies. (a) Except as provided in Section 4.1, the members
of the Board of Commissioners shall serve for staggered terms of four
years, and the Mayor shall serve for a term of two four years,
beginning the day and hour of the organizational meeting following their
election, as established by ordinance in accordance with this Charter;
provided, they shall serve until their successors are elected and qualify.
…."
SECTION 2.3.(b) Section 4.1 of the Charter of the Town of Tryon, being Chapter 441 of the 1971 Session Laws, as amended by Town Ordinance No. 2003‑7 adopted on August 19, 2003, reads as rewritten:
"Sec. 4.1. Regular Elections.
(a) Regular municipal elections shall be held biennially
on the Tuesday after the first Monday in November in May in odd-numbered years.
at the time of the general election in each even‑numbered year. In
each biennial election, there shall be elected two commissioners. Election
of the mayor and commissioners shall be on a nonpartisan plurality basis and
the results determined in accordance with G.S. 163‑292. Except as
otherwise provided by this act, the election shall be conducted in accordance
with the uniform municipal election laws in Chapter 163 of the General
Statutes.
(b) Notwithstanding the provisions of subsection (a)
above, in 2003 only, there shall be elected three commissioners. The candidates
for commissioner who receive the largest and second largest number of votes
shall each be elected for a term of four (4) years, and the candidate for commissioner
who receives the third largest number of votes shall be elected for a term of
two (2) years."
SECTION 2.3.(c) No municipal elections shall be conducted in the Town of Tryon in 2023. The terms of the Mayor and the two Commissioners serving on the effective date of this act whose terms are set to expire in 2023 shall be extended by one year. The terms of the two Commissioners serving on the effective date of this act whose terms are set to expire in 2025 shall be extended by one year. Regular municipal elections shall be conducted in the Town of Tryon in even‑numbered years beginning in 2024.
SECTION 2.3.(d) In 2024 and quadrennially thereafter, a mayor and two Commissioners shall be elected to serve four‑year terms. In 2026 and quadrennially thereafter, two Commissioners shall be elected to serve four‑year terms.
PART III. MUNICIPALITIES IN RUTHERFORD COUNTY
SECTION 3.1.(a) Section 4 of the Charter of the Town of Bostic, being Chapter 263 of the Private Laws of 1913, as amended by Town Resolution adopted on March 2, 2009, reads as rewritten:
"Sec. 4. It shall be the
duty of the Town Commissioners to provide for an election to be held on the
first Tuesday in November, 2009, according to the laws of the State and the Regular
municipal elections shall be held at the time of the general election in each
even‑numbered year. The officers elected shall hold their offices
until their successors are elected and qualified. The Town Commissioners shall
be composed of 5 five members, each of whom shall be elected
for a term staggered terms of four years, provided they shall
serve until their successors are elected and qualified. Notwithstanding the
foregoing, the terms of the two commissioners receiving the most votes in the
2009 election shall be four years and the terms of the remaining three
commissioners in that election shall be two years. Thereafter, the terms of all
Town Commissioners shall be four years as referenced above. Notwithstanding the
foregoing, the term of the Mayor elected in the 2009 Election shall be four
years and thereafter the years. The term of the Mayor shall be four years,
as referenced above.years. The Commissioners and Mayor shall be elected
according to the nonpartisan plurality election method in accordance with G.S. 163‑292.
Except as otherwise provided by this act, the election shall be conducted in
accordance with the uniform municipal election laws of North Carolina."
SECTION 3.1.(b) No municipal elections shall be conducted in the Town of Bostic in 2023. The terms of the three Commissioners serving on the effective date of this act whose terms are set to expire in 2023 shall be extended by one year. The terms of the Mayor and the two Commissioners serving on the effective date of this act whose terms are set to expire in 2025 shall be extended by one year. Regular municipal elections shall be conducted in the Town of Bostic in even‑numbered years beginning in 2024.
SECTION 3.1.(c) In 2024 and quadrennially thereafter, three Commissioners shall be elected to serve four‑year terms. In 2026 and quadrennially thereafter, a mayor and two Commissioners shall be elected to serve four‑year terms.
SECTION 3.2.(a) Section 3‑3 of the Charter of Chimney Rock Village, being Chapter 444 of the 1991 Session Laws, reads as rewritten:
"Sec. 3‑3. Term of
Office of Council Members. Members of the Council are elected to staggered
four‑year terms. At the initial election in 1991, the three
highest vote getters shall be elected to four‑year terms and the next two
highest vote getters shall be elected to two‑year terms. In 1993 and
quadrennially thereafter, two members of the Council shall be elected for four‑year
terms. In 1995 and quadrennially thereafter, three members of the Council shall
be elected for four‑year terms."
SECTION 3.2.(b) Section 4‑1 of the Charter of Chimney Rock Village, being Chapter 444 of the 1991 Session Laws, reads as rewritten:
"Sec. 4‑1. Conduct of Village Elections. Regular municipal elections shall be held at the time of the general election in each even‑numbered year. Village officers shall be elected on a nonpartisan basis and results determined by a plurality as provided in G.S. 163‑292. Except as otherwise provided by this act, the election shall be conducted in accordance with the uniform municipal election laws in Chapter 163 of the General Statutes."
SECTION 3.2.(c) No municipal elections shall be conducted in Chimney Rock Village in 2023. The terms of the three Council members serving on the effective date of this act whose terms are set to expire in 2023 shall be extended by one year. The terms of the two Council members serving on the effective date of this act whose terms are set to expire in 2025 shall be extended by one year. Regular municipal elections shall be conducted in Chimney Rock Village in even‑numbered years beginning in 2024.
SECTION 3.2.(d) In 2024 and quadrennially thereafter, three Council members shall be elected to serve four‑year terms. In 2026 and quadrennially thereafter, two Council members shall be elected to serve four‑year terms.
SECTION 3.3.(a) Article III of the Charter of the Town of Ellenboro, being Chapter 425 of the 1983 Session Laws, as amended by S.L. 2007‑310, reads as rewritten:
"ARTICLE III.
"ELECTIONS.
"Sec. 3.1. Regular Municipal
Elections; Conduct and Method of Election. Regular municipal elections shall be
held in the Town every two years in odd numbered years and at the
time of the general election in each even‑numbered year. Except as
otherwise provided by this act, the election shall be conducted in
accordance with the uniform municipal election laws of North Carolina. The
Mayor and members of the Council shall be elected according to the nonpartisan
plurality method of election.election in accordance with G.S. 163‑292.
"Sec. 3.2. Election of Council
Members. Council members shall be elected to serve staggered four‑year
terms. All council members shall be nominated and voted upon by the voters
of the Town voting at large. At the regular municipal election in 2007, the
persons receiving the two highest numbers of votes are elected to four‑year
terms, and the three persons receiving the next highest numbers of votes are
elected to two‑year terms. In 2009 and quadrennially thereafter, three
members are elected for four‑year terms. In 2011 and quadrennially
thereafter, two members are elected for four‑year terms.
"Sec. 3.3. Election of the
Mayor. At the regular municipal election in 2007, and quadrennially
thereafter, there The Mayor shall be elected a Mayor to serve
a term of four years. The Mayor shall be elected by the voters of the Town
voting at large."
SECTION 3.3.(b) No municipal elections shall be conducted in the Town of Ellenboro in 2023. The terms of the Mayor and the two Council members serving on the effective date of this act whose terms are set to expire in 2023 shall be extended by one year. The terms of the three Council members serving on the effective date of this act whose terms are set to expire in 2025 shall be extended by one year. Regular municipal elections shall be conducted in the Town of Ellenboro in even‑numbered years beginning in 2024.
SECTION 3.3.(c) In 2024 and quadrennially thereafter, a mayor and two Council members shall be elected to serve four‑year terms. In 2026 and quadrennially thereafter, three Council members shall be elected to serve four‑year terms.
SECTION 3.4.(a) Article III of the Charter of the Town of Forest City, being Chapter 209 of the 1981 Session Laws, as amended by the Town Ordinance adopted on June 18, 2012, reads as rewritten:
"ARTICLE III.
"ELECTIONS.
"Sec. 3.2. Election of the
Mayor.–At the regular municipal election in 2013, and every four years
thereafter, there The Mayor shall be elected a Mayor to serve
a term of four years. The Mayor shall be elected by the qualified voters of the
Town voting at large.
"Sec. 3.3. Election of Board
members.–At the regular municipal election to be held in 2003, the three
candidates who receive the highest number of votes shall be elected for four‑year
terms, while the two candidates who receive the next highest number of votes
shall be elected to two‑year terms. At the regular municipal election to
be held in 2005 and every four years thereafter, two members of the Board of
Commissioners shall be elected to serve four‑year terms. At the regular
municipal election to be held in 2007, and every four years thereafter, three
members Members of the Board of Commissioners shall be elected to serve
staggered four‑year terms."
SECTION 3.4.(b) No municipal elections shall be conducted in the Town of Forest City in 2023. The terms of the three Board members serving on the effective date of this act whose terms are set to expire in 2023 shall be extended by one year. The terms of the Mayor and the two Board members serving on the effective date of this act whose terms are set to expire in 2025 shall be extended by one year. Regular municipal elections shall be conducted in the Town of Forest City in even‑numbered years beginning in 2024.
SECTION 3.4.(c) In 2024 and quadrennially thereafter, three Board members shall be elected to serve four‑year terms. In 2026 and quadrennially thereafter, a mayor and two Board members shall be elected to serve four‑year terms.
SECTION 3.5.(a) Section 2.3 of the Charter of the Town of Lake Lure, being Chapter 194 of the 1987 Session Laws, reads as rewritten:
"Section 2.3 Term of
Office of Board Members. Members of the Board are elected to four‑year
staggered terms. The Board members serving on the date of ratification of this
Charter shall serve until the expiration of their terms. In the each municipal
election in 1987 and every four years thereafter, election, two
members of the Board shall be elected. In the municipal election in 1989 and
every four years thereafter, two members of the Board shall be elected."
SECTION 3.5.(b) Section 3.1 of the Charter of the Town of Lake Lure, being Chapter 194 of the 1987 Session Laws, reads as rewritten:
"Section 3.1. Nonpartisan Plurality Method. Regular municipal elections shall be held at the time of the general election in each even‑numbered year. Town officers are elected on a nonpartisan basis, and the results determined by a plurality, as provided in G.S. 163‑292. Except as otherwise provided by this act, the election shall be conducted in accordance with the uniform municipal election laws in Chapter 163 of the General Statutes."
SECTION 3.5.(c) No municipal elections shall be conducted in the Town of Lake Lure in 2023. The terms of the Mayor and the two Board members serving on the effective date of this act whose terms are set to expire in 2023 shall be extended by one year. The terms of the two Board members serving on the effective date of this act whose terms are set to expire in 2025 shall be extended by one year. Regular municipal elections shall be conducted in the Town of Lake Lure in even‑numbered years beginning in 2024.
SECTION 3.5.(d) In 2024 and biennially thereafter, a mayor shall be elected to serve a two‑year term. In 2024 and quadrennially thereafter, two Board members shall be elected to serve four‑year terms. In 2026 and quadrennially thereafter, two Board members shall be elected to serve four‑year terms.
SECTION 3.6.(a) Notwithstanding the Charter of the Town of Ruth, being Chapter 55 of the Private Laws of 1893, as amended by Chapter 53 of the Public Laws of 1939, regular municipal elections in the Town of Ruth for the election of Mayor and Commissioners shall be held at the time of the general election in an even‑numbered year. The Mayor and Commissioners shall be elected to serve four‑year terms. Election of the Mayor and Commissioners shall be on a nonpartisan plurality basis and the results determined in accordance with G.S. 163‑292. Except as otherwise provided by this act, the election shall be conducted in accordance with the uniform municipal election laws in Chapter 163 of the General Statutes.
SECTION 3.6.(b) No municipal elections shall be conducted in the Town of Ruth in 2023. The terms of the Mayor and all commissioners serving on the effective date of this act whose terms are set to expire in 2023 shall be extended by one year. Regular municipal elections shall be conducted in the Town of Ruth in even‑numbered years beginning in 2024.
SECTION 3.7.(a) Article II of the Charter of the Town of Rutherfordton, as amended, being Chapter 350 of the 1979 Session Laws, reads as rewritten:
"ARTICLE II. MAYOR AND COUNCIL.
…
"Section 2.2. Council;
Composition; Terms of Office. The Town Council shall be composed of four
members, each of whom shall be elected by and from the qualified voters of the
Town for staggered terms of two four years each in the
manner provided by Article III of this Charter, provided they shall serve until
their successors are elected and qualified.
"Section 2.3. Mayor; Term of
Office; Duties. The Mayor shall be elected by and from the qualified voters of
the Town in the manner provided by Article III of this Charter to serve for a
term of two four years, or until his a successor is
elected and qualified. The Mayor shall be the official head of the Town
government and shall preside at all meetings of the Council. He The
Mayor shall have the right to vote only when there are an equal number of
votes in the affirmative and the negative on any motion before the Council. The
Mayor shall exercise such powers and perform such duties as presently are or
hereafter may be conferred upon him the Mayor by the General
Statutes of North Carolina, by this Charter, and by the ordinances of the Town.
…."
SECTION 3.7.(b) Article III of the Charter of the Town of Rutherfordton, being Chapter 350 of the 1979 Session Laws, as amended, reads as rewritten:
"ARTICLE III. ELECTIONS.
"Section 3.1. Regular
Municipal Elections; Conduct and Method of Election. Regular municipal
elections shall be held in the Town every two years in odd numbered years
and at the time of the general election in each even‑numbered
year. Except as otherwise provided by this act, the election shall be
conducted in accordance with the uniform municipal election laws of North
Carolina. The Mayor and members of the Council shall be elected according to
the nonpartisan plurality method.method in accordance with G.S. 163‑292.
"Section 3.2. Election of the
Mayor. At the regular municipal election in 1979, and biennially thereafter,
there shall be elected a Mayor to serve a term of two years. The Mayor
shall be elected by all the voters of the Town voting at large."
SECTION 3.7.(c) No municipal elections shall be conducted in the Town of Rutherfordton in 2023. The terms of the two Council members serving on the effective date of this act whose terms are set to expire in 2023 shall be extended by one year. The terms of the Mayor and the two Council members serving on the effective date of this act whose terms are set to expire in 2025 shall be extended by one year. Regular municipal elections shall be conducted in the Town of Rutherfordton in even‑numbered years beginning in 2024.
SECTION 3.8.(a) Article IV of the Charter of the Town of Spindale, being Chapter 378 of the 1975 Session Laws, as amended by Town Ordinance adopted on April 15, 1996, reads as rewritten:
"ARTICLE IV. Elections.
"Sec. 4.1. Regular municipal
elections. Regular municipal elections shall be held biennially in
odd-numbered years on the day set by general law for municipal elections. In
the 1997 regular municipal election and quadrennially thereafter, there at
the time of the general election in each even‑numbered year. The mayor shall
be elected a mayor for a term of four years. In the 1997 regular
municipal election and quadrennially thereafter there shall be elected two Town
Commissioners for terms of four years each. The two Town
Commissioners that shall be elected to the staggered four
year terms in the 1997 regular municipal election terms will be the two
highest vote getters. In the 1997 regular municipal election the third, fourth,
and fifth highest vote getters for the Town Commissioner seats will serve two
year terms. In the 1999 regular municipal election and quadrennially
thereafter there shall be three Town Commissioners elected for a term of four
years each. This ordinance as amended shall become effective immediately.
"Sec. 4.2. Regulation of
elections. All The mayor and Town Commissioners shall be elected
according to the nonpartisan plurality election method in accordance with G.S. 163‑292.
Except as otherwise provided by this act, town elections shall be conducted
in accordance with the general laws of North Carolina relating to municipal elections."
SECTION 3.8.(b) No municipal elections shall be conducted in the Town of Spindale in 2023. The terms of the three Commissioners serving on the effective date of this act whose terms are set to expire in 2023 shall be extended by one year. The terms of the Mayor and the two Commissioners serving on the effective date of this act whose terms are set to expire in 2025 shall be extended by one year. Regular municipal elections shall be conducted in the Town of Spindale in even‑numbered years beginning in 2024.
SECTION 3.8.(c) In 2024 and quadrennially thereafter, three Commissioners shall be elected to serve four‑year terms. In 2026 and quadrennially thereafter, a mayor and two Commissioners shall be elected to serve four‑year terms.
PART IV. POLK COUNTY BOARD OF COMMISSIONERS
SECTION 4. Notwithstanding Chapter 976 of the 1983 Session Laws, all members of the Polk County Board of Commissioners shall serve four‑year terms, beginning the first Monday in December following the 2024 general election. In 2024 and quadrennially thereafter, three members shall be elected; in 2026 and quadrennially thereafter, two members shall be elected.
PART V. EFFECTIVE DATE
SECTION 5. This act is effective when it becomes law and applies to elections held on or after that date.
In the General Assembly read three times and ratified this the 15th day of June, 2023.
s/ Timothy D. Moffitt
Presiding Officer of the Senate
s/ Jeff Zenger
Presiding Officer of the House of Representatives