North Carolina 2025-2026 Regular Session

North Carolina House Bill H105 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 2
3+H 1
44 HOUSE BILL 105
5-Committee Substitute Favorable 3/4/25
5+
66
77 Short Title: Gaston Co. Bd. of Ed. Elect. Partisan. (Local)
8-Sponsors:
9-Referred to:
8+Sponsors: Representative Loftis.
9+For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10+Referred to: State and Local Government, if favorable, Election Law, if favorable, Rules,
11+Calendar, and Operations of the House
1012 February 13, 2025
11-*H105 -v-2*
13+*H105 -v-1*
1214 A BILL TO BE ENTITLED 1
1315 AN ACT TO PROVIDE FOR THE PARTISAN ELECTION OF THE GASTON COUNTY 2
1416 BOARD OF EDUCATION. 3
1517 The General Assembly of North Carolina enacts: 4
1618 SECTION 1. Section 2 of Chapter 633 of the 1977 Session Laws reads as rewritten: 5
17-"Sec. 2. Composition of board of education. 6
18-(a) Notwithstanding Section 115-18 of the General Statutes of North Carolina, 7
19-G.S. 115C-35, the board of education shall consist of nine members. members elected to 8
20-staggered four-year terms. Two members shall be elected by the duly qualified voters of Gaston 9
21-County without regard to residence in any particular township and seven from the county at-large 10
22-and seven members shall be elected by the duly qualified voters of Gaston County from the 11
23-following townships:from residency districts. For the seven residency district seats, no person 12
24-shall be eligible to file for or be elected to the board of education unless the person is a qualified 13
25-voter and resident of the residency district in which the candidate seeks to be elected. All 14
26-members of the board of education shall be elected by the duly qualified voters of Gaston County. 15
27-(b) The residency districts for the board of education and the number of members from 16
28-each residency district are as follows: 17
29-(1) Cherryville Township shall be entitled to one member. 18
30-(2) Crowders Mountain Township shall be entitled to one member. 19
31-(3) Dallas Township shall be entitled to one member. 20
32-(4) Gastonia Township shall be entitled to two members. 21
33-(5) Riverbend Township shall be entitled to one member. 22
34-(6) Southpoint Township shall be entitled to one member." 23
35-SECTION 2. Section 3 of Chapter 633 of the 1977 Session Laws reads as rewritten: 24
36-"Sec. 3. Elections. Notwithstanding Section 115-19 of the General Statutes of North Carolina, 25
37-at the general election to be held in the year 1978, there shall be elected by the duly qualified 26
38-voters of Gaston County three members of the board of education, with one member from 27
39-Cherryville Township, one member from Crowders Mountain Township and one member at 28
40-large. The term for these three members shall commence on the first Monday in December 1978, 29
41-and expire at the end of two years thereafter, or on the first Monday in December 1980. 30
42-At the general election to be held in the year 1980, there shall be elected by the duly qualified 31
43-voters of Gaston County six members of the board of education, with one member from 32
44-Cherryville Township, one member from Crowders Mountain Township, one member from 33
45-Gastonia Township, one member from Riverbend Township, one member from Southpoint 34
46-Township and one member at large. Those members elected from Cherryville Township, 35
47-Crowders Mountain Township, Gastonia Township and the member elected at large shall 36 General Assembly Of North Carolina Session 2025
48-Page 2 House Bill 105-Second Edition
49-compose one class, whose term of office shall commence on the first Monday in December 1980, 1
50-and expire at the end of four years thereafter, or on the first Monday in December 1984. The term 2
51-of office for those members elected from Riverbend Township and Southpoint Township shall 3
52-commence on the First Monday in December 1980, and expire at the end of two years thereafter, 4
53-or on the first Monday in December 1982. 5
54-At the general election to be held in the year 1982, there shall be elected by the duly qualified 6
55-voters of Gaston County five members of the board of education, with one member from Dallas 7
56-Township, one member from Gastonia Township, one member from Riverbend Township, one 8
57-member from Southpoint Township and one member at large. These five members shall compose 9
58-another class, whose terms of office shall commence on the first Monday in December 1982, and 10
59-expire at the end of four years thereafter, or on the first Monday in December 1986. 11
60-Upon the expiration of the term of office of each class of members of the board of education 12
61-(the term class shall exclude the members elected for a term of two years) their successors shall 13
62-be elected to hold office for four years and until their successors are elected and 14
63-qualified.Notwithstanding G.S. 115C-37, members of the board of education shall be elected on 15
64-a partisan basis at the time of the general election in each even-numbered year as terms expire. 16
65-Candidates for election to the board of education shall be nominated at the same time and manner 17
66-as other county officers. Members shall take office on the first Monday in December following 18
67-the election. Members shall serve until a successor has been elected and qualified. 19
68-The election of members of the board of education shall be held, conducted and supervised 20
69-by the board of elections; and except as herein provided, the general election laws and regulations 21
70-for the nomination and election of county officers, which are set forth in Chapter Chapters 115C 22
71-and 163 of the General Statutes of North Carolina, as amended, shall apply and govern as to the 23
72-holding of any election for members of the board of education." 24
73-SECTION 3. Section 4 of Chapter 633 of the 1977 Session Laws, as amended by 25
74-Chapter 331 of the 1979 Session Laws and Chapter 73 of the 1993 Session Laws, is repealed. 26
75-SECTION 4. Section 7 of Chapter 633 of the 1977 Session Laws reads as rewritten: 27
76-"Sec. 7. Vacancy. Notwithstanding Section 115-24 of the General Statutes of North Carolina, 28
77-all All vacancies in the membership of the board of education by death, resignation, or other 29
78-causes shall be filled by the remaining members of the board of education by the appointment of 30
79-a person to serve until the next election of members of such board at which time the remaining 31
80-unexpired term of the office in which the vacancy occurs shall be filled by election. In the event 32
81-that the replacement is not selected by the board of education within a period of 90 days after the 33
82-vacancy occurs, such vacancy shall be filled by the board of commissioners. When one who has 34
83-been elected at large vacates his office, the successor may be selected without regard to the 35
84-location of his residence in the county. When one who has been elected from a township vacates 36
85-his office, the successor shall be selected from that same township.in accordance with 37
86-G.S. 115C-37.1." 38
87-SECTION 5. This act does not affect the term of any member elected in 2024 to the 39
88-Gaston County Board of Education. Any vacancy on the Gaston County Board of Education for 40
89-a member elected in 2024 shall be filled by appointment by the remaining members of the Gaston 41
90-County Board of Education to serve the remainder of the unexpired term. When a vacancy occurs 42
91-in a seat elected from a residency district, the successor shall be selected from the residency 43
92-district of the vacating member. Each member of the Gaston County Board of Education elected 44
93-in 2024, or any member appointed to fill a vacancy for a member elected in 2024, shall serve 45
94-until a successor has been elected and qualified. 46
95-SECTION 6. G.S. 115C-37.1(d) reads as rewritten: 47
96-"(d) This section shall apply only to the Hickory City Board of Education and the 48
97-Newton-Conover City Board of Education and in the following counties: Alexander, Alleghany, 49
98-Ashe, Beaufort, Brunswick, Burke, Cabarrus, Caldwell, Carteret, Catawba, Cherokee, Clay, 50
99-Craven, Dare, Davie, Forsyth, Gaston, Graham, Harnett, Henderson, Hyde, Iredell, Lee, Lincoln, 51 General Assembly Of North Carolina Session 2025
100-House Bill 105-Second Edition Page 3
101-Madison, McDowell, Mitchell, New Hanover, Onslow, Pamlico, Pender, Polk, Rowan, 1
102-Rutherford, Stanly, Stokes, Surry, Vance, Washington, and Yancey." 2
103-SECTION 7. This act becomes effective the first Monday in December of 2026, and 3
104-elections in 2026 shall be conducted accordingly. 4
19+"Sec. 2. Composition of board of education. Notwithstanding Section 115-18 of the General 6
20+Statutes of North Carolina, G.S. 115C-35, the board of education shall consist of nine members. 7
21+Two members shall be elected by the duly qualified voters of Gaston County without regard to 8
22+residence in any particular township and seven district. Seven members shall be elected by the 9
23+duly qualified voters of Gaston County from the following townships:residency districts. All 10
24+candidates shall be voted on by all eligible voters in the county. Members shall be elected from 11
25+districts as follows: 12
26+(1) Cherryville Township shall be entitled to one member. 13
27+(2) Crowders Mountain Township shall be entitled to one member. 14
28+(3) Dallas Township shall be entitled to one member. 15
29+(4) Gastonia Township shall be entitled to two members. 16
30+(5) Riverbend Township shall be entitled to one member. 17
31+(6) Southpoint Township shall be entitled to one member." 18
32+SECTION 2. Section 3 of Chapter 633 of the 1977 Session Laws reads as rewritten: 19
33+"Sec. 3. Elections. Notwithstanding Section 115-19 of the General Statutes of North Carolina, 20
34+at the general election to be held in the year 1978, there shall be elected by the duly qualified 21
35+voters of Gaston County three members of the board of education, with one member from 22
36+Cherryville Township, one member from Crowders Mountain Township and one member at 23
37+large. The term for these three members shall commence on the first Monday in December 1978, 24
38+and expire at the end of two years thereafter, or on the first Monday in December 1980. 25
39+At the general election to be held in the year 1980, there shall be elected by the duly qualified 26
40+voters of Gaston County six members of the board of education, with one member from 27
41+Cherryville Township, one member from Crowders Mountain Township, one member from 28
42+Gastonia Township, one member from Riverbend Township, one member from Southpoint 29
43+Township and one member at large. Those members elected from Cherryville Township, 30
44+Crowders Mountain Township, Gastonia Township and the member elected at large shall 31
45+compose one class, whose term of office shall commence on the first Monday in December 1980, 32
46+and expire at the end of four years thereafter, or on the first Monday in December 1984. The term 33
47+of office for those members elected from Riverbend Township and Southpoint Township shall 34 General Assembly Of North Carolina Session 2025
48+Page 2 House Bill 105-First Edition
49+commence on the First Monday in December 1980, and expire at the end of two years thereafter, 1
50+or on the first Monday in December 1982. 2
51+At the general election to be held in the year 1982, there shall be elected by the duly qualified 3
52+voters of Gaston County five members of the board of education, with one member from Dallas 4
53+Township, one member from Gastonia Township, one member from Riverbend Township, one 5
54+member from Southpoint Township and one member at large. These five members shall compose 6
55+another class, whose terms of office shall commence on the first Monday in December 1982, and 7
56+expire at the end of four years thereafter, or on the first Monday in December 1986. 8
57+Upon the expiration of the term of office of each class of members of the board of education 9
58+(the term class shall exclude the members elected for a term of two years) their successors shall 10
59+be elected to hold office for four years and until their successors are elected and 11
60+qualified.Notwithstanding G.S. 115C-37, the board of education shall be elected on a partisan 12
61+basis at the time of the general election in each even-numbered year as terms expire. Members 13
62+shall be elected for four-year terms. Candidates for election to the board of education shall be 14
63+nominated at the same time and manner as other county officers. Members shall take office on 15
64+the first Monday in December of the year of election, and the terms of their predecessors shall 16
65+expire at that same time. Members shall serve until a successor has been elected and qualified. 17
66+The election of members of the board of education shall be held, conducted and supervised 18
67+by the board of elections; and except as herein provided, the general election laws and regulations 19
68+for the nomination and election of county officers, which are set forth in Chapter Chapters 115C 20
69+and 163 of the General Statutes of North Carolina, as amended, shall apply and govern as to the 21
70+holding of any election for members of the board of education." 22
71+SECTION 3. Section 4 of Chapter 633 of the 1977 Session Laws, as amended by 23
72+Chapter 331 of the 1979 Session Laws, as amended by Chapter 73 of the 1993 Session Laws, 24
73+reads as rewritten: 25
74+"Sec. 4. Ballot; notice of candidacy and residence requirements. The names of the candidates 26
75+shall be placed on a separate ballot bearing no party designation, and no party affiliation need be 27
76+indicated at the time of filing. Each candidate shall file a notice of candidacy with the board of 28
77+elections indicating whether he the candidate is running as a member at large or from a particular 29
78+township at any time after 12:00 noon on the Friday preceding the eighteenth Saturday and before 30
79+12:00 noon on the Friday preceding the fourteenth Saturday before the general election. A 31
80+candidate seeking to represent a particular township shall be a resident and qualified voter of said 32
81+township.district at a time consistent with deadlines for other county officers. For the district 33
82+seats, no person shall be eligible to file for, be elected to, or serve on the board of education 34
83+unless the person is a qualified voter and resident of the district in which the person seeks to be 35
84+elected." 36
85+SECTION 4.(a) Section 7 of Chapter 633 of the 1977 Session Laws reads as 37
86+rewritten: 38
87+"Sec. 7. Vacancy. Notwithstanding Section 115-24 of the General Statutes of North Carolina, 39
88+all All vacancies in the membership of the board of education by death, resignation, or other 40
89+causes shall be filled by the remaining members of the board of education by the appointment of 41
90+a person to serve until the next election of members of such board at which time the remaining 42
91+unexpired term of the office in which the vacancy occurs shall be filled by election. In the event 43
92+that the replacement is not selected by the board of education within a period of 90 days after the 44
93+vacancy occurs, such vacancy shall be filled by the board of commissioners. When one who has 45
94+been elected at large vacates his office, the successor may be selected without regard to the 46
95+location of his residence in the county. When one who has been elected from a township vacates 47
96+his office, the successor shall be selected from that same township.in accordance with 48
97+G.S. 115C-37.1. Any person appointed to fill a vacancy for a district seat shall reside in the 49
98+district in which the vacating member was elected to serve." 50
99+SECTION 4.(b) This section becomes effective December 1, 2026. 51 General Assembly Of North Carolina Session 2025
100+House Bill 105-First Edition Page 3
101+SECTION 5. This act does not affect the term of any person elected in 2022 or 2024 1
102+to the Gaston County Board of Education. Each member of the Gaston County Board of 2
103+Education elected in 2022 or 2024, or any member appointed to fill a vacancy for a member 3
104+elected in 2022 or 2024, shall serve until a successor has been elected and qualified. 4
105+SECTION 6.(a) G.S. 115C-37.1(d) reads as rewritten: 5
106+"(d) This section shall apply only to the Hickory City Board of Education and the 6
107+Newton-Conover City Board of Education and in the following counties: Alleghany, Ashe, 7
108+Beaufort, Brunswick, Burke, Cabarrus, Caldwell, Carteret, Catawba, Cherokee, Clay, Craven, 8
109+Dare, Davie, Forsyth, Gaston, Graham, Harnett, Henderson, Hyde, Iredell, Lee, Lincoln, 9
110+Madison, McDowell, Mitchell, New Hanover, Onslow, Pamlico, Pender, Polk, Rutherford, 10
111+Stanly, Stokes, Surry, Vance, Washington, and Yancey." 11
112+SECTION 6.(b) This section becomes effective December 1, 2026. 12
113+SECTION 7. Except as otherwise provided, this act is effective when it becomes law 13
114+and applies to elections held on or after that date. 14