HomeMy WebLinkAboutPolitical Parties use of County BuildingsORANGE COUNTY
Office of the County P.O. BOX 8181
Attorney 200 S. CAMERON STREET
HILLSBOROUGH, NC 27278
TO: Frank Clifton, County Manager
FROM: John Roberts, County Attorney
DATE: February 2, 2010
RE: Political Party Use of County Facilities
QUESTION PRESENTED
What is the law regarding the provision by the County of space for meetings by political parties, as that
term is defined in North Carolina?
RESPONSE
Orange County, together with all other political subdivisions and municipalities in the State of North
Carolina is required by law to "permit the use of (public) buildings without charge, except custodial
and utility fees, by political parties..." N.C.G.S. §163-99 requires the County provide meeting space
for political parties for "annual or biennial precinct meetings and county and district conventions:'
The statute does not require that such space be provided "regulation free" and the County may impose
such reasonable regulations~as necessary on the use of County-owned facilities.
Political party is defined by N.C.G.S. §163-96 as set out below and severely restricts what qualifies as a
political party. Under this statute the North Carolina State Board of Elections recognizes the Democratic,
Libertarian and Republican Parties as the only official political parties in North Carolina. Orange County,
undoubtedly has many political parties and each of them may wish to take advantage of this provision of
law requiring free use of public facilities, however, I advise against extending the use of public facilities
to other groups beyond the state recognized political parties. Such an extension could lead to:
A flood. of groups claiming to be political parties and utilizing space at times that interfere with
government operations; and
Orange County exceeding its authority under the general statutes and defming what a political
party is and subjecting itself to potential 1St Amendment and/or discrimination based litigation in
the event certain groups are excluded by the new definition.
In summary, the County must provide space to recognized political parties for a limited number of
meetings per year. That space can be in any County-owned building that can accommodate such
meetings and the County may charge the political parties for custodial and utility fees associated with
their use of the buildings.
§ 163-99. Use of schools and other public buildings for political meetings.
The governing authority having control over schools or other public buildings which have
facilities for group meetings, or where polling places are located, is hereby authorized and
directed to permit the use of such buildings without charge, except custodial and utility fees, by
political parties, as defined in G.S. 163-96, for the express purpose of annual or biennial precinct
meetings and county and district conventions. Provided, that the use of such buildings by political
parties shall not be permitted at times when school is in session or which would interfere with
normal school activities or functions normally carried on in such school buildings, and such use
shall be subject to reasonable rules and regulations of the school boards and other governing
authorities. (1975, c. 465; 1983, c. 519, ss. 1, 2.)
§ 163-96. "Political party" defined; creation of new party.
(a) Definition. -Apolitical party within the meaning of the election laws of this State
shall be either:
(1) Any group of voters which, at the last preceding general State election, polled
for its candidate for Governor, or for presidential electors, at least two percent
(2%) of the entire vote cast in the State for Governor or for presidential electors;
or
(2) Any group of voters which shall have filed with the State Boazd of Elections
petitions for the formulation of a new political party which are signed by
registered and qualified voters in this State equal in number to two percent (2%)
of the total number of voters who voted in the most recent general election for
Governor. Also the petition must be signed by at least 200 registered voters from
each of four FQngressional districts in North Carolina. To be effective, the
petitioners must file their petitions with the State Board of Elections before
. 12:00 noon on the first day of June preceding the day on which is to be held the
first general State election in which the new political party desires to participate.
The State Board of Elections shall forthwith determine the sufficiency of
petitions filed with it and shall immediately communicate its determination to
the State chairman of the proposed new political party.