Laws governing local ballot measures in North Carolina

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Circulation period • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative tampering • Registered voter

North Carolina Constitution
Articles
Preamble • I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV

All North Carolina cities have a limited initiative process for charter amendments and at least permit initiative for ordinances.

This article sets out the laws governing local ballot measures in North Carolina. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.

Types of local government

The U.S. Census Bureau's 2012 study of local governments shows that, as of September of 2012, local government in North Carolina consists of:

653 General Purpose units, including:

• 100 Counties
• 553 Cities, Towns, and Villages

311 Special Districts

Further classifications:

All cities, towns, and villages are incorporated with a charter through the state. However, the existence of a charter does not authorize broad Home rule authority as it does in other states.

School districts

See also: School bond and tax elections in North Carolina

In North Carolina, school districts are only required to hold elections if a school district needs to exceed debt limits mandated by the North Carolina Constitution. North Carolina is one of eleven states that has a constitutionally mandated debt limit for school districts. Under North Carolina law, a school district cannot take debt that exceeds two-thirds of their current debt without voter approval. The provision in the Constitution is for all local government units including school districts. However, North Carolina does not mandate elections for bond issues and exceeding levy caps. The Board of County Commissioners in where the school district is located have the power to approve a school district's budget or tax levy. All bond issues for school districts must be approved by the state government.

Campaign Finance Rules

See also: Campaign finance requirements for North Carolina ballot measures

Initiative process availability

State law NC Gen. Stat. Section 160A-104 mandates an initiative process for citizens to propose and vote on charter amendments regarding specific subject matters. The available subject matter is contained in NC Gen. Stat. Section 160A-101.

State law does not grant ordinance initiative power to all cities. However, the General Assembly has granted initiative power to certain cities, such as Raleigh and Greensboro, through special acts. In any city where initiative has been made available, NC Gen. Stat. Section 159-17 states that "The adoption and amendment of the budget ordinance or any project ordinance and the levy of taxes in the budget ordinance are not subject to the provisions of any city charter or local act concerning initiative or referendum."

Authority

Ballot Law Portal

Laws Governing Ballot Measures

Constitution

There are no constitutional provisions for local initiative.

Statutes

A guide to local ballot initiatives

• NC Gen. Stat. Section 160A-104 The power to circulate initiative petitions for charter amendments is granted in North Carolina General Statutes Section 160A-104.

Other relevant sections to the initiative process are:

• NC Gen. Stat. Section 160A-101
• NC Gen. Stat. Section 159-17
• NC Gen. Stat. Section 163-218, 219

Initiative process features in charter cities

The Initiative process features for charter amendments are detailed in North Carolina General Statutes 160A-104.

Charter Amendment Initiative Process   Subject matter restrictions Charter amendments are limited to the subjects of North Carolina General Statutes 160A-101. If ordinance I&R is authorized: "budget ordinance or any project ordinance and the levy of taxes in the budget ordinance are not subject to the provisions of any city charter or local act concerning initiative or referendum" (NC Gen. Stat. 159-17). Pre-approval process Prior to circulation, notice of circulation of a petition shall be registered with the county board of elections (NC Gen. Stat. 163-218, 163-295). Signatures required 10% of the whole number of voters who are registered to vote in city elections according to the most recent figures certified by the State Board of Elections or 5,000, whichever is less (NC Gen. Stat. Section 160A-104) Circulation Petitions are void after 1 year from the initial notice filing. (NC Gen. Stat. 163-219) Further, "no initiative petition (on the same subject) may be filed (i) between the time the council initiates proceedings under 160A‑102 by publishing a notice of hearing on proposed charter amendments and the time of conclusion by adoption/rejection/lapse of time, nor (ii) within one year and six months following the effective date of an ordinance amending the city charter pursuant to this Article, nor (iii) within 1 year and 6 months following the date of any election on charter amendments that were defeated by the voters." (NC Gen. Stat. 160A-104) Petition appearance and content The petition may describe the proposed amendment with reference to its provisions, but it need not contain the complete text of the proposed amendment; the signatures and addresses of the qualified voters must be included for validity. (NC Gen. Stat. Section 160A-104) Scheduling an election and adoption of measure Petitions have a direct approval process. The council shall submit proposed amendment to a special election, fixed at not more than 120 nor fewer than 60 days after receipt of the petition. A simple majority determines the outcome of the election. (NC Gen. Stat.160A-104)

Initiative process in the top 10 most populated cities

Local I&R Laws in the 50 States

Source:Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

List of Most Populated Cities in North Carolina
City	Population	City Type	Next election
Charlotte	751,087	Charter	No I&R
Raleigh	416,468	Charter	10/8/2013
Greensboro	273,425	Charter	10/8/2013
Durham	233,252	Charter	No I&R
Winston-Salem	232,385	Charter	No I&R
Fayetteville	203,945	Charter	No I&R
Cary	139,633	Charter	No I&R
Wilmington	108,297	Charter	No I&R
High Point	105,753	Charter	No I&R
Greenville	86,017	Charter	No I&R

All city charters may be amended by initiative regarding certain subject matters in accordance with the provisions detailed above. In addition, some cities have initiative for ordinances granted by special acts of the state legislature.

Individual city provisions   Charlotte Population as of the July, 2011 census update: 751,087. Charlotte is a charter city. The charter can be amended through the provisions detailed above, but there are no further provisions for the changing of ordinances through initiative petitions. Raleigh Population as of the July, 2011 census update: 416,468. Raleigh is a charter city. Ordinances: Signature requirement is 10% of the registered voters at the last regular municipal election. Prior to circulation, notice of circulation of a petition shall be registered with the county board of elections (NC Gen. Stat. 163-218, 163-295). Petition form and content requirements are in Raleigh Charter, Sec. 2.16, including the names and addresses of 5 electors, who, as a committee of the petitioners, shall be responsible for the circulation and filing of the petition. All petition papers shall be assembled and filed with the city clerk as one instrument. Petitions are void after 1 year from the initial notice filing (NC Gen. Stat. 163-219). After certification, the council has 60 days to adopt the measure without alteration or shall submit to the electors not less than 30 days nor more than one year from the date the council takes its final vote thereon. The council may, in its discretion, and if no regular election is to be held within such period shall, provide for a special election. Provided that, if the council passes an ordinance proposed by initiative petition in a form different from that set forth in the petition, the initiative form of the ordinance shall be submitted to the electors of the city only if, within 20 business days, an additional petition signed by 5% of the registered voters at the time of the last regular municipal election is submitted to the city council. Restrictions: Initiative not available for an ordinance appropriating moneys or authorizing the levy of taxes. Raleigh Charter, Sec. 2.16 Greensboro Population as of the July, 2011 census update: 273,425. Greensboro is a charter city. Ordinances: Signature requirement is 25% of the number of persons voting at the last citywide election for city council members. Prior to circulation, notice of circulation of a petition shall be registered with the county board of elections (per NC Gen. Stat. 163-218). Petition form and content requirements are in Greensboro Charter, Sec. 2.71 to 2.73, including the names and addresses of 5 qualified voters of the city, who, as the petitioners' committee, shall be responsible for the registration, circulation and filing of the petition. Petitions shall be assembled as one instrument for filing with the city clerk. Petitions are void after 1 year from the initial notice filing (NC Gen. Stat. 163-219). After certification, council has 30 days to adopt without alteration or shall submit at the next regularly scheduled primary or general election in Guilford County for state, county or municipal officials following 90 days after the petition has been finally determined to be sufficient. Restrictions: The initiative shall not extend to the proposing of: (i) any part or all of the annual budget; or (ii) any ordinance making or repealing any appropriation of money, fixing the salaries of city officers or employees, or authorizing or repealing the levying of taxes. Greensboro Charter, Sec. 2.71 to 2.80 Durham Population as of the July, 2011 census update: 233,252. Durham is a charter city. The charter can be amended through the provisions detailed above, but there are no further provisions for the changing of ordinances through initiative petitions. Winston-Salem Population as of the July, 2011 census update: 232,385. Winston-Salem is a charter city. The charter can be amended through the provisions detailed above, but there are no further provisions for the changing of ordinances through initiative petitions. Fayetteville Population as of the July, 2011 census update: 203,945. Fayetteville is a charter city. The charter can be amended through the provisions detailed above, but there are no further provisions for the changing of ordinances through initiative petitions. Carey Population as of the July, 2011 census update: 139,633. Carey is a charter city. The charter can be amended through the provisions detailed above, but there are no further provisions for the changing of ordinances through initiative petitions. Wilmington Population as of the July, 2011 census update: 108,297. Wilmington is a charter city. The charter can be amended through the provisions detailed above, but there are no further provisions for the changing of ordinances through initiative petitions. High Point Population as of the July, 2011 census update: 105,753. High Point is a charter city. The charter can be amended through the provisions detailed above, but there are no further provisions for the changing of ordinances through initiative petitions. Greenville Population as of the July, 2011 census update: 86,017. Greenville is a charter city. The charter can be amended through the provisions detailed above, but there are no further provisions for the changing of ordinances through initiative petitions.

External links

• Ballotpedia: Research document of North Carolina local I&R laws
• North Carolina League of Municipalities