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Laws governing local ballot measures in North Carolina

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Laws Governing Local Ballot Measures

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North Carolina Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIV
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[1] 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.[2]

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."[3] [4] [5]

Authority

Ballot Law Portal
Laws Governing Ballot Measures

Constitution

There are no constitutional provisions for local initiative.

Statutes

A guide to local ballot initiatives
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  • 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.[6]


Initiative process in the top 10 most populated cities

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Source:Local Ballot Initiatives: How citizens change laws with
clipboards, conversations, and campaigns
List of Most Populated Cities in North Carolina
City[8] Population City Type Next election
Charlotte 751,087 Charter 2015
Raleigh 416,468 Charter 2015
Greensboro 273,425 Charter 2015
Durham 233,252 Charter 2015
Winston-Salem 232,385 Charter N/A
Fayetteville 203,945 Charter N/A
Cary 139,633 Charter N/A
Wilmington 108,297 Charter N/A
High Point 105,753 Charter N/A
Greenville 86,017 Charter N/A

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.



External links

References