HomeMy WebLinkAboutAgenda item 2 - Additional Discussion Regarding the Election Method for Members of the Orange County Board of CommissionersORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 6, 2018
Action Agenda
Item No. 2
SUBJECT: Additional Discussion Regarding the Election Method for Members of the
Oranae Countv Board of Commissioners
DEPARTMENT: County Attorney, Planning, &
County Manager
ATTACHMENT(S):
A) March 28, 2017 Work Session
Agenda Abstract
B) Political Party Affiliation by BOCC
Districts
C) 2010 Census Block Map
D) American Community Survey (ACS)
Block Group Map
E) Possibility 1 — "4 -3" District Plan
F) Possibility 2 — "4 -3" District Plan
G) Inset Areas 1 and 2 Maps for
Possibility 1 and Possibility 2
H) Additional Information from the
County Attorney
1) Current Electoral Districts along with
Population Numbers Based on the
2010 Census
J) Excerpt from March 28, 2017 Board
Work Session Minutes
1
INFORMATION CONTACT:
John Roberts, County Attorney, 245-
2318
Brian Carson, GIS Project Coordinator,
245 -2595
Greg Wilder, County Manager's Office,
245 -2300
PURPOSE: To follow -up on initial discussion from the March 28, 2017 Board work session with
further review and discussion of the election method for members of the Orange County Board
of Commissioners.
BACKGROUND: In late 2016 and early 2017, some members of the Board of Commissioners
expressed an interest in discussing and possibly amending the current election method for
seats on the Board of Commissioners. Several related topics were voiced regarding potentially
amending the method.
At the Board's March 28, 2017 work session, staff addressed those topics and others in the
agenda abstract for the meeting (See Attachment A — March 28, 2017 Work Session Agenda
Abstract).
P�
During the March 28th discussion, the Board asked for additional information on several items.
Those items are addressed below and /or in concert with Attachments B through I.
1) Keeping all other aspects of the current Commissioner election method intact,
what is the approval process for a change from the current district
residency /district nomination /countywide election method for Commissioners — to
a district residency /district nomination /district election method?
A change from the current district residency /district nomination /countywide election method for
Commissioners — to a district residency /district nomination /district election method — would
require Board approval of a resolution detailing the change and authorizing a countywide voter
referendum on the proposed change. If the voters approved the proposed change, the Board of
Commissioners could then consider a resolution implementing the change. If voters did not
approve the change, no further action on the matter would occur. At no time would this
potential change require review or approval by the North Carolina General Assembly.
2) What is the party affiliation for current voter registration countywide and by the
two current Commissioner electoral districts?
Staff has provided a map as Attachment B summarizing the party affiliation for current voter
registration countywide and by the two current Commissioner electoral districts.
3) Can staff review the annual population projections published by the American
Community Survey (ACS) and provide information on the population trends for
both Commissioner districts - since the 2010 Census - in anticipation of the 2020
Census?
Staff reviewed 2010 Census data and the most recent population estimates from the American
Community Survey. The 2010 Census detailed population numbers are based on more precise
block level delineations (Attachment C). Conversely, the ACS develops its population
projections at a larger block group level, with each block group consisting of multiple Census
blocks (Attachment D). The block group areas in some cases consist of land areas larger than
the towns in the County. Additionally, while block boundaries align more directly with the
Commissioner electoral districts, the larger block group level boundaries vary substantially from
the current Commissioner electoral district lines.
The ACS 5 -Year estimates utilize 5 years of collected data to produce estimates based on the
block group level. It should also be noted that the ACS data are only estimates based on
sampling and are not as accurate as the decennial Census data. For example the 2010
Census population for Orange County was 133,801. Conversely, the 2010 ACS (5- year), a 5
year period prior to the 2016 ACS, estimated the County's population at 129,562. This equates
to 3.22% lower than the actual 2010 Census. The 2016 ACS may similarly underrepresent the
2016 population, but is statistically relevant.
Using the 2016 ACS 5 -year data (the most current data available from ACS), staff developed
estimates of the population for the two BOCC voting districts. Unfortunately, as noted
previously, the block group boundaries do not follow the current BOCC electoral districts (figure
1). There are six block groups that are split by the voting districts.
KI
Figure 1
For each block group that was entirely within a single BOCC voting district staff assigned the
population numbers to that voting district. For three of the block groups that were split, staff
utilized the County's current address layer to calculate how many residential addresses were in
each block group. Staff subsequently took the percentage of addresses for each block group
that were in each voting district and then divided the total population for each block group by the
percentages and then assigned the population numbers to each district (figure 2). This allowed
staff to estimate the 2016 populations for each BOCC voting district (figure 3). For the other
three split block groups that had only a small percent of addresses in a district, staff applied the
entire population to the district that had the majority of addresses.
V
Figure 2
Figure 3
Residential Addresses 2017
District 1
85,990
District 2
ACS
Total
139,807
% in
% in
Block Group
Map
2016
District
District
District
District
District 1
District 2
ID
ID
Est. Pop
Total
1
2
1
2
Population
Population
37135011203
3
26
1,716
983
230
753
23
77
395
1,321
37135011202
3
27
1 2,416
1,096
241
1 855
22
1 78
532
1,884
37135010701
1
35
2,249
927
926
1
Placed entire
2,249
0
37135010704
population in
3
70
2,261
749
744
5
District 1
2,261
0
37135011205
1
32
21729
1,138
1,110
28
2,729
0
37135011202
2
28
1,675
682
233
449
34
66
570
1,105
13,046
5,575
3,484
2,091
8,736
4,310
Figure 3
To summarize, the 2010 Census population for District 1 was 82,412. The County staff
generated 2016 ACS 5 -Year estimate for District 1 is 85,990.
The 2010 Census population for District 2 was 51,389. The County staff - generated 2016 ACS
5 -Year estimate for District 2 is 53,817.
The 2010 Census total County population was 133,801. The 2016 ACS 5 -Year estimate for the
entire County is 139,807.
4) Can staff investigate and provide potential scenario maps eliminating at large
Commissioner seats and detailing two Commissioner districts with multiple
Commissioners representing each district?
At the March 28, 2017 work session, the Board discussed, in theory, the elimination of at large
seats. A scenario of seven districts with one Commissioner representing each district was
discussed. However, based on Board discussion, staff understood that seven - district
framework was removed from consideration due to the "pie- shaped" districts that would
emanate from the Chapel Hill Carrboro area due to the population concentration in that area.
ACS 2016 (5 Year) Estimated Population
District 1
85,990
District 2
53,817
Total
139,807
To summarize, the 2010 Census population for District 1 was 82,412. The County staff
generated 2016 ACS 5 -Year estimate for District 1 is 85,990.
The 2010 Census population for District 2 was 51,389. The County staff - generated 2016 ACS
5 -Year estimate for District 2 is 53,817.
The 2010 Census total County population was 133,801. The 2016 ACS 5 -Year estimate for the
entire County is 139,807.
4) Can staff investigate and provide potential scenario maps eliminating at large
Commissioner seats and detailing two Commissioner districts with multiple
Commissioners representing each district?
At the March 28, 2017 work session, the Board discussed, in theory, the elimination of at large
seats. A scenario of seven districts with one Commissioner representing each district was
discussed. However, based on Board discussion, staff understood that seven - district
framework was removed from consideration due to the "pie- shaped" districts that would
emanate from the Chapel Hill Carrboro area due to the population concentration in that area.
5
The Board also discussed establishing two Commissioner districts with multiple Commissioners
representing each district. The possibility of a district consisting of five seats and a district of
two seats was discussed. Staff understood however following Board discussion that this
concept was also set aside and that the Board requested that staff develop information and
mapping for two districts - one consisting of four seats and the other district consisting of three
seats.
Staff has provided two possible "44' scenarios for the Board's initial review — Possibility 1 and
Possibility 2 (See Attachments E and F). There are other possible variations that could be
developed and considered based on Board input. These two scenarios were chosen by staff as
starting points as both entail limited variance from the current Commissioner district lines, and
also limited variance from the Chapel Hill Carrboro City Schools and Orange County Schools
district boundaries which were used to guide delineation of the original Commissioner district
lines established in 2006.
Possibility 1 re- assigns a total of 6,143 voters from the current District 1 to District 2. Possibility
2 relocates 3,684 voters from the current District 1 to District 2. Attachment G provides inset
maps for the areas included in the population shifts from District 1 to District 2.
Implementation of Possibility 1, Possibility 2 or any other similar election method that a)
decreases or increases the number of at large seats, and /or b) changes the number of seats
from a district, and /or c) changes the boundaries for the Commissioner electoral districts would
require Board action and a countywide voter referendum. Potential changes such as these
would necessitate Board approval of a resolution detailing the changes and authorizing a
countywide voter referendum on the proposed changes. If the voters subsequently approved
the proposed changes, the Board of Commissioners could then consider a resolution
implementing the changes. If voters did not approve the change, no further action on the
matter would occur. Potential changes of this nature would not require review or approval by
the North Carolina General Assembly.
5) Can staff provide additional information on cumulative voting and non - partisan
voting and the potential to consider them as options for Board of Commissioners
seats?
At the March 28th work session, Board members discussed cumulative voting and non - partisan
voting. County Attorney John Roberts noted that an electoral plan that relied upon cumulative
voting would require approval by the North Carolina General Assembly. Several Board
members expressed concern about pursuing an option that would require General Assembly
action, while other members suggested that the Board further discuss the topic.
County Attorney Roberts also noted that while he was aware that some jurisdictions in other
states employed non - partisan elections to elect county commissioners, and that school boards
in North Carolina utilized non - partisan elections, he was unaware that any NC county had
implemented a non - partisan election method for county commissioners. Mr. Roberts further
noted that pursuit of a non - partisan system would require review and action by the North
Carolina General Assembly.
County Attorney Roberts has provided additional information on cumulative voting, non - partisan
voting, and other related topics in Attachment H.
L
6) Does Robeson County utilize a board of commissioners election method similar to
the current mixed at -large /district method used by Orange County?
Attachment I depicts the current structure of Orange County's election method for the Board of
Commissioners. Robeson County does not utilize a similar election method.
Robeson County Board of Elections Director G.L. Pridgen has confirmed that the eight
members of the Robeson County Board of Commissioners are all elected from eight different
electoral districts utilizing a district residency /district nomination /district election method. Each
of the eight commissioners must reside in their respective districts, must be nominated by only
the voters in their respective districts, and must be elected by only the voters in their respective
districts. There are no at large commissioners seats, and no commissioners are nominated or
elected at any time on a countywide basis.
FINANCIAL IMPACT: There is no financial impact associated with additional discussion of the
election method for members of the Orange County Board of Commissioners.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• GOAL: ENABLE FULL CIVIC PARTICIPATION
Ensure that Orange County residents are able to engage government through voting and
volunteering by eliminating disparities in participation and barriers to participation.
RECOMMENDATION(S): The Manager recommends, and the County Attorney concurs, that
the Board further discuss the election method for members of the Orange County Board of
Commissioners and provide direction to staff.
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 28, 2017
Action Agenda
Item No. 3
SUBJECT: Discussion Regarding Election Method for Members of the Orange County
Board of Commissioners
DEPARTMENT: County Attorney, Planning, &
County Manager
ATTACHMENT(S):
A) June 27, 2006 Approved Resolution
and Election Map /Plan
B) Population Deviations for the
Approved 2006 Map /Plan
C) Current Electoral Districts along with
New Population Numbers Based on
the 2010 Census
D) Resolution Acknowledging the
Results from the 2010 Census
Indicating Orange County Remains in
Lawful Compliance With Applicable
Requirements for Board of County
Commissioners' Nominating Districts
E) Current Board of Commissioners
Election Methods for 100 North
Carolina Counties
INA
INFORMATION CONTACT:
John Roberts, County Attorney, 245-
2318
Brian Carson, GIS Project Coordinator,
245 -2595
Greg Wilder, County Manager's Office,
245 -2300
PURPOSE: To discuss the election method for members of the Orange County Board of
Commissioners.
BACKGROUND: At the Board of Commissioners' January 24, 2005 regular meeting,
representatives of a group of Orange County residents addressed the Board and submitted a
1200 - signature petition to the Board regarding the method by which the members of the Board
of Commissioners were elected in Orange County. The representatives requested that the
Board review the current method of election for the members of the Board, which entailed all
five members of the Board being nominated and elected to staggered four -year terms on an at-
large basis.
At the Board's direction, the County Manager and County staff reviewed the issue and the
petition submitted and provided a report to the Board at the May 5, 2005 work session. The
report provided an initial framework of information upon which the Board of Commissioners
could deliberate and determine as appropriate any further steps in evaluating the issue and
responding to the request and petition submitted.
The Board then pursued a series of meetings over the next thirteen months, including public
hearings, Board discussions on possible draft district maps /plans for either a five or seven -
member Board, and decisions on specific map /plan issues.
The public hearings and discussions led to the development of a map /plan (identified in 2006 as
"Proposal D ") for a seven - member board that met all statutory requirements. The County
Attorney prepared a draft resolution calling for a November 2006 referendum in concert with
"Proposal D ", and the Board approved that resolution and the election plan /map at its June 27,
2006 regular meeting in preparation for a voter referendum as required by the North Carolina
General Statutes. The approved resolution and election map /plan are provided at Attachment
A. The population deviations for the approved 2006 map /plan, based on the 2000 Census, are
provided at Attachment B.
In the November 2006 referendum, the voters subsequently approved the election plan /map
with more than two - thirds supporting the initiative. The election plan /map was implemented with
the May 2008 primary election and all seven members of the current Board have since qualified
and been elected under the plan.
The election plan /map approved in 2006 established a district/at large system for electing seven
members of the Board of Commissioners, and includes two nominating districts.
• Three seats on the Board are filled, with staggered four -year terms, by individuals
residing in District 1 and nominated by the voters in District 1 during the primary election.
These district - nominated candidates are then elected by all the voters in the entire
County during the general election.
• Two seats on the Board are filled, with staggered four -year terms, by individuals residing
in District 2 and nominated by the voters in District 2 during the primary election. These
district - nominated candidates are then elected by all the voters in the entire County
during the general election.
• The other two other seats on the Board are filled, with staggered four -year terms, by
individuals residing anywhere in the County and nominated by all voters in the County
during the primary election. These "at large" candidates are then elected by all the
voters in the entire County during the general election.
In summary, five district seats on the Board are filled based on district residency and district
nomination during the primary election, followed by countywide election in the general election.
The two at large seats are filled based on countywide nomination and countywide election.
REVIEW OF DISTRICT ELECTIONS MAP BASED ON 2010 CENSUS
Final numbers for the 2010 Census were published in 2011 providing new population numbers
for Orange County as a whole as well as for the two current electoral districts. North Carolina
General Statute 153A -22 states, "If a county is divided into electoral districts for the purpose of
nominating or electing persons to the board of commissioners, the board of commissioners may
find as a fact whether there is substantial inequality of population among the districts."
Population growth or decline in districts can lead to significant deviations in the numbers of
residents between districts, thereby compromising the integrity of the districts and the election
plan as a whole. Therefore the Board may, but is not required to, review the impact of the new
Census numbers to determine if there is substantial inequality.
9
Attachment C is a map showing the current electoral districts along with the population
numbers based on the 2010 census. In the 2006 adopted plan (Attachments A and B), Orange
County met its goal of keeping the population deviations within five percent of the exact
population totals for each district, less than a total of ten percent deviation (referred to nationally
as the Ten Percent Rule). Attachment C shows that Districts 1 and 2 were still within the Ten
Percent Rule deviation criteria based on the 2010 Census data. Since the Districts were,
combined, within the ten percent deviation allowed by law, there can be no finding of substantial
inequality.
Attachment D is the resolution adopted by the Board on June 2011 acknowledging there is no
substantial inequality revealed by the 2010 census results.
In recent months members of the Board of Commissioners have expressed an interest in
discussing and possibly amending the current election method for seats on the Board of
Commissioners. Several related issues have been voiced regarding potentially amending the
method. Staff has addressed some of those topics below.
If the Board chose to move forward with proposing an amendment to the current election
method, when could voter referendum occur?
• The North Carolina General Statutes require that counties schedule special voter
referenda only in even years when all the voting precincts in the County will be open.
Therefore, a special voter referendum on the election method cannot occur in 2017 with
the possible exception of a legislative act authorizing the referendum in 2017. Without
legislative intervention the next potential dates for a special referendum are May 2018 or
November 2018 when a countywide election with all precincts open is already scheduled.
Do other North Carolina counties use an election method similar to Orange County's
current method?
• Attachment E is a chart from the North Carolina Association of County Commissioners
(NCACC) which details the current election method for all 100 North Carolina counties.
The chart initially indicates that Currituck, Pamlico, and Pasquotank counties share the
same election method as Orange County. However, further investigation by County staff
confirms that while all four counties have seven (7) Commissioner seats and all four
counties have Commissioner seats representing districts, there are variations in the
election methods for the district seats that differentiate the counties.
Orange County's current election method entails five district seats on the Board that are
filled based on district residency and district nomination during the primary election,
followed by countywide election in the general election. Conversely, Currituck County's
five Commissioner seats representing five districts are for residency purposes only.
Candidates for district seats in Currituck must reside in their respective districts, but they
are nominated /voted on in the primary and elected during the general election by all
voters in all precincts in Currituck County. Currituck County's two at large seats are filled
based on countywide nomination and countywide election.
An additional variation applies in Pamlico County. The five district Commissioner seats
representing five districts for the Pamlico County Board of Commissioners are for
residency, nomination, and election. Candidates for district seats must reside in their
respective districts, are voted on /nominated during the primary by only the voters in their
Me
respective districts, and elected during the general election by only the voters in their
respective districts. Pamlico County's two at large seats are filled based on countywide
nomination and countywide election.
And like Pamlico, the four district Commissioner seats for the Pasquotank County Board
of Commissioners are also for residency, nomination, and election. Candidates for
district seats must reside in their respective districts, are voted on /nominated during the
primary by only the voters in their respective districts, and elected during the general
election by only the voters in their respective districts. Pasquotank County's three at
large seats are filled based on countywide nomination and countywide election.
What is the timeframe to place a proposed election method /plan on the ballot for voter
referendum?
• If the Board determined to pursue a voter referendum on an election method /plan in May
2018, Board action on a resolution and election plan /map would be necessary before
February 28, 2018. The Board may want to consider whether action earlier than this
timeframe would be advisable for the benefit of voters.
• If the Board determined to pursue a voter referendum on an election method /plan in
November 2018, Board action on a resolution and election plan /map would be necessary
by August 17, 2018. It should be noted, however, that the Board's contemplated 2018
summer break would in reality necessitate Board action before or during June 2018.
Alternatively, the Board could amend the summer break portion of its contemplated 2018
meeting schedule to extend the timeframe for Board action up to the August 17, 2018
deadline. The Board may want to consider whether action earlier than these timeframes
may be advisable for the benefit of voters.
Depending on the Board's potential interest related to the election method, will
population changes since the 2010 Census need to be considered?
• Although there have been changes related to Orange County's population since 2010,
those changes would not be considered as part of any potential election method or
district delineation. The 2010 Census remains the basis for all population calculations.
What is cumulative voting? Is cumulative voting permissible in North Carolina for boards
of commissioners' elections? Would Orange County need special legislation from the
North Carolina General Assembly to consider /implement a cumulative voting method for
seats on the Board of Commissioners?
• Cumulative voting is method of election that is utilized in the United States primarily by
corporations and to a lesser extent local governmental entities across the country. This
method allows minority shareholders to have a greater chance of electing corporate
officers and has been adopted in some local jurisdictions specifically to rectify voting
rights violations. Cumulative voting is specifically recognized in North Carolina law for
corporate voting.
Cumulative voting works by allocating a specific number of votes to all voters, five for
example. In an election with three candidates an individual voter may choose to place all
five votes on a single candidate or allocate the five votes among the three candidates.
By pooling votes to a single candidate minority groups have a greater chance of electing
a candidate of their choice.
11
There appears to be no violation of the "one person, one vote" principle in a cumulative
voting setup due both to the fact that often it is implemented as a means of rectifying
voting rights violations and because each voter has the same number of votes. If the
Board were to select cumulative voting for Orange County Commissioner elections the
Board must seek special legislative authority from the General Assembly.
FINANCIAL IMPACT: There is no financial impact associated with discussing the election
method for members of the Orange County Board of Commissioners.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact applicable
to discussing this topic.
RECOMMENDATION(S): The Manager recommends, and the County Attorney concurs, that
the Board discuss the election method for members of the Orange County Board of
Commissioners and provide direction to staff.
Political Party Affiliation by BOCC Districts
District 2
District 1
A
BOCC Voting Districts
City Limits
Data Source: Orange County Board of Elections (August 2017)
Orange County Planning and Inspections
Brian Carson (8/22/2017)
0
12
Both Districts
42,258 51,689 (111,182 Voters)
(38%) (46/) ■DEMOCRATIC
LIBERTARIAN
16,546 ■ REPUBLICAN
■ UNAFFILIATED
689
(1%)
29,308
(41 %)
District 1
(70,771 Voters)
33,73
(48) ® DEMOCRATIC
LIBERTARIAN
■ REPUBLICAN
■ UNAFFILIATED
(10 %)
35,000 zz �zs
30,000
25,000
20,000
15,000
10,000
5,000
0
(1%)
District 2
12,950 17,951 (40,411 Voters)
(32%) (44 %) ■DEMOCRATIC
LIBERTARIAN
9,301 ■ REPUBLICAN
■ UNAFFILIATED
209
(1%)
DEMOCRATIC LIBERTARIAN REPUBLICAN UNAFFILIATED
. District 1
District 2
Census Blocks
E41
Census Blocks
® Current BOCC Voting Districts
IR,
A 1 in = 3 miles
0 1
Miles
Orange County Planning and Inspections
Brian Carson (8/24/2017)
14
Census Block Groups
1
3
ON
5
4
7 8 10 16
14
9
13 18
11
12 15 17
19 21
Alamarl 20
22 23
24
25
Census Block Groups
Current BOCC Voting Districts
30
28
31
32 33
27 29 40 43 34
41
36 38 42 44 45
35 37 39 61 46
47
49 50 58\ 62
57
53 54;51 60a 48
71 555652 596365
�s4 66
26 74 73
72 75
67
70 69
68
1 in = 3 miles
0 1
1 Miles
Orange County Planning and Inspections
Brian Carson (8/24/2017)
District 1 (4 Commissioners) and District 2 (3 Commissioners) Possllbility 1
DRAFT
District 1: 4 Commissioners
District 2: 3 Commissioners
N
0 2
MEMNO== Miles
Orange County Planning and Inspections
Brian Carson (8/24/2017)
People per Commissioner: 133,801/7= 19,114
* Numbers may not add up due to rounding.
Actual Population
Ideal Population
5% Deviation
Actual Difference
Actual % Deviation
Census 2010 County Population
133,801
District 1 Population (4 Members)
76,269
76,458
+/-3,823
-189
-0.25%
District 2 Population (3 Members)
57,532
57,343
+/-2,867
+ 189
+ 0.33%
People per Commissioner: 133,801/7= 19,114
* Numbers may not add up due to rounding.
IN
Population
I Number Elected by District
Votes /BOCC Member
133,801
1 71
19,114
Number Elected by District I Total Votes /District
District 11
41
76,458
District 21
31
57,343
133,8011
People per Commissioner: 133,801/7= 19,114
Ideal Population
Actual Population
Ideal Population
5% Deviation
Actual Difference
Actual % Deviation
Census 2010 County Population
133,801
57,343
2,867
60,210
54,476
District 1 Population (4 Members)
76,269
76,458
+/-3,823
-189
-0.25%
District 2 Population (3 Members)
57,532
57,343
+/-2,867
+ 189
+0.33%
People per Commissioner: 133,801/7= 19,114
Ideal Population
5% Deviation
Upper Limit
Lower Limit
76,458
3,823
80,281
72,635
57,343
2,867
60,210
54,476
* Numbers may not add up due to rounding.
District 1 (4 Commissioners) and District 2 (3 Commissioners) Possibility 2
FS 152
C6 ..
DRAFT
District 2
1 070 07' 70
70
86
�1
District 1: 4 Commissioners
District 2: 3 Commissioners
5� District 1
15
501
District
Voting District 1 N
I Voting District 2 2
Miles
Orange County Planning and Inspections
Current BOCC Voting Districts Brian Carson (8/24/2017)
People per Commissioner: 133,801/7= 19,114
* Numbers may not add up due to rounding.
Actual Population
Ideal Population
5% Deviation
Actual Difference
Actual % Deviation
Census 2010 County Population
133,801
District 1 Population (4 Members)
78,748
76,458
+/-3,823
2,290
+ 3
District 2 Population (3 Members)
55,053
57,343
+/-2,867
-2,290
-3.99
People per Commissioner: 133,801/7= 19,114
* Numbers may not add up due to rounding.
IN
Population
I Number Elected by District
Votes /BOCC Member
133,801
1 71
19,114
Number Elected by District I Total Votes /District
District 11
41
76,458
District 21
31
57,343
133,8011
People per Commissioner: 133,801/7= 19,114
Ideal Population
Actual Population
Ideal Population
5% Deviation
Actual Difference
Actual % Deviation
Census 2010 County Population
133,801
57,343
2,867
60,210
54,476
District 1 Population (4 Members)
78,748
76,458
+/-3,823
2,290
+3
District 2 Population (3 Members)
55,053
57,343
+/-2,867
-2,290
-3.99
People per Commissioner: 133,801/7= 19,114
Ideal Population
5% Deviation
Upper Limit
Lower Limit
76,458
3,823
80,281
72,635
57,343
2,867
60,210
54,476
* Numbers may not add up due to rounding.
Area 1 19
MEN
4
ILI
WE
_4 W4
/1� ,� •
Parcels
Voting Precincts
1 in 1,300 feet
ri
Voting District 0 500
0000=Feet
Voting District 2 Orange County Planning and Inspections
Brian Carson (8/22/2017)
Z%
r► hb�
21
Attachment H
Redefining electoral districts
North Carolina General Statutes authorize Boards of Commissioners to redefine electoral districts if the Board finds
there is "substantial inequality" of population among the districts. This action is generally appropriate to be
considered after a census, however, if something else occurs that substantially impacts population it would be
appropriate to consider this action then as well. There doesn't appear to be any statutory justification for
redefining electoral district boundaries for any reason other than population inequality, although an argument
could be made that inequality among protected populations may qualify as well.
§ 153A -22. Redefining electoral district boundaries.
(a) If a county is divided into electoral districts for the purpose of nominating or electing persons to the board of
commissioners, the board of commissioners may find as a fact whether there is substantial inequality of
population among the districts.
(b) If the board finds that there is substantial inequality of population among the districts, it may by resolution
redefine the electoral districts.
(c) Redefined electoral districts shall be so drawn that the quotients obtained by dividing the population of each
district by the number of commissioners apportioned to the district are as nearly equal as practicable, and each
district shall be composed of territory within a continuous boundary.
(d) No change in the boundaries of an electoral district may affect the unexpired term of office of a commissioner
residing in the district and serving on the board on the effective date of the resolution. If the terms of office of
members of the board do not all expire at the same time, the resolution shall state which seats are to be filled at
the initial election held under the resolution.
(e) A resolution adopted pursuant to this section shall be the basis of electing persons to the board of
commissioners at the first general election for members of the board of commissioners occurring after the
resolution's effective date, and thereafter. A resolution becomes effective upon its adoption, unless it is adopted
during the period beginning 150 days before the day of a primary and ending on the day of the next succeeding
general election for membership on the board of commissioners, in which case it becomes effective on the first
day after the end of the period.
(f) Not later than 10 days after the day on which a resolution becomes effective, the clerk shall file in the Secretary
of State's office, in the office of the register of deeds of the county, and with the chairman of the county board of
elections, a certified copy of the resolution.
(g) This section shall not apply to counties where under G.S. 153A- 58(3)d. or under public or local act, districts are
for residence purposes only, and the qualified voters of the entire county nominate all candidates for and elect all
members of the board. (1981, c. 795.)
Nonpartisan elections
State law authorizes nonpartisan elections for municipal governing boards, but there is no corresponding authority
for county governing boards. All 100 county boards are elected on a partisan basis. The legislature would have to
authorize an alteration of the election method to have county commissioners elected on a nonpartisan basis.
Altering Board Structure and Timing
§ 153A -58. Optional structures.
A county may alter the structure of its board of commissioners by adopting one or any
WA
combination of the options prescribed by this section.
(1) Number of members of the board of commissioners: The board may consist of any number of members not less
than three, except as limited by subdivision (2)d of this section.
(2) Terms of office of members of the board of commissioners:
a. Members shall be elected for two -year terms of office.
b. Members shall be elected for four -year terms of office.
c. Members shall be elected for overlapping four -year terms of office.
d. The board shall consist of an odd number of members, who are elected for a combination of four -and two -year
terms of office, so that a majority of members is elected each two years. This option
may be used only if all members of the board are nominated and elected by the voters of the entire county, and
only if the chairman of the board is elected by and from the members of the board.
(3) Mode of election of the board of commissioners:
a. The qualified voters of the entire county shall nominate all candidates for and elect all members of the board.
For options b, c, and d, the county shall be divided into electoral districts, and board members shall be
apportioned to the districts so that the quotients obtained by dividing the population of each district by the
number of commissioners apportioned to the district are as nearly equal as practicable.
b. The qualified voters of each district shall nominate candidates and elect members who reside in the district for
seats apportioned to that district; and the qualified voters of the entire county shall nominate candidates and elect
members apportioned to the county at large, if any.
c. The qualified voters of each district shall nominate candidates who reside in the district for seats apportioned to
that district, and the qualified voters of the entire county shall nominate candidates for
seats apportioned to the county at large, if any; and the qualified voters of the entire county shall elect all the
members of the board.
d. Members shall reside in and represent the districts according to the apportionment plan adopted, but the
qualified voters of the entire county shall nominate all candidates for and elect all members of the
board. If any of options b, c, or d is adopted, the board shall divide the county into the requisite number of
electoral districts according to the apportionment plan adopted, and shall cause a delineation of the districts so
laid out to be drawn up and filed as required by G.S. 153A -20. No more than half the
board may be apportioned to the county at large.
(4) Selection of chairman of the board of commissioners:
a. The board shall elect a chairman from among its membership to serve a one -year term, as provided by G.S.
153A -39.
b. The chairmanship shall be a separate office. The qualified voters of the entire county nominate candidates for
and elect the chairman for a two -or four -year term. (1927, c. 91, s. 3; 1969, c. 717, s. 1; 1973, c. 822, s. 1.)
If the Board chose to move forward with proposing an amendment to the current election
Method and /or board structure, when could voter referendum occur?
The North Carolina General Statutes require that counties schedule special voter referenda only in even years
when all the voting precincts in the County will be open. Therefore, a special voter referendum on altering the
Board's structure cannot occur in 2017. The next potential dates for a special referendum are May 2018 or
November 2018 when a countywide election with all precincts open is already scheduled.
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Cumulative Voting
What is cumulative voting? Is cumulative voting permissible in North Carolina for boards
of commissioners' elections? Would Orange County need special legislation from the
North Carolina General Assembly to consider /implement a cumulative voting method for
seats on the Board of Commissioners?
Cumulative voting is method of election that is utilized in the United States primarily by
corporations and to a lesser extent local governmental entities across the country. This
method allows minority shareholders to have a greater chance of electing corporate
officers and has been adopted in some local jurisdictions specifically to rectify voting
rights violations. Cumulative voting is specifically recognized in North Carolina law for
corporate voting.
Cumulative voting works by allocating a specific number of votes to all voters, five for
example. In an election with three candidates an individual voter may choose to place all
five votes on a single candidate or allocate the five votes among the three candidates.
By pooling votes to a single candidate minority groups have a greater chance of electing
a candidate of their choice.
There appears to be no violation of the "one person, one vote" principle in a cumulative
voting setup due both to the fact that often it is implemented as a means of rectifying
voting rights violations and because each voter has the same number of votes. If the
Board were to select cumulative voting for Orange County Commissioner elections the
Board must seek special legislative authority from the General Assembly.
Voting
Voting
Curren
Mz!
Attachment C
11
People per Commissioner: 133,801/5= 26,760
One person, one vote applies to people being elected from a district not to a person who is elected at- large. This is why the total
population is divided by 5 and not 7.
Actual Population
Ideal Population
5% Deviation
Actual Difference
Actual % Deviation
Census 2010 County Population
133,801
District 1 Population (3 Members)
82,412
80,280
+/ -4,014
+2,132
+2.66%
District 2 Population (2 Members)
51,389
53,520
+/-2,676
-2,131
-3.98%
People per Commissioner: 133,801/5= 26,760
One person, one vote applies to people being elected from a district not to a person who is elected at- large. This is why the total
population is divided by 5 and not 7.
25
APPROVED 4/18/2017
MINUTES
BOARD OF COMMISSIONERS
WORK SESSION
March 28, 2017
7:00 p.m.
The Orange County Board of Commissioners met for a work session on Tuesday, March 28,
2017 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Mia Burroughs,
Mark Dorosin, Barry Jacobs, Earl McKee, Mark Marcoplos, Renee Price and Penny Rich
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified
appropriately below)
Chair Dorosin called the meeting to order at 7:02 p.m.
Chair Dorosin said there is an item that needs to be added to the agenda:
Board of Equalization and Review - Appointments
The Board will consider the appointment of two (2) regular members from the list of appointed
alternates and one (1) additional alternate to the Board of Equalization and Review. Board of
the County Commissioners (BOCC) will designate a Chair from the list of appointed regular
members.
A motion was made by Commissioner Rich, seconded by Commissioner Marcoplos to
appoint Barbara Levine and Karen Morrisette as regular members.
VOTE: UNANIMOUS
A motion was made by Commissioner Marcoplos, seconded by Commissioner Jacobs
to appoint Reginald Morgan as Chair.
VOTE: UNANIMOUS
A motion was made by Commissioner Burroughs, seconded by Commissioner
Marcoplos to appoint Pam Davis to an alternate position.
VOTE: UNANIMOUS
POSITION
NAME
SPECIAL
REPRESENTATIVE
DATE OF
APPOINTMENT
At -Large
Reginald Morgan -Chair
Regular Member
03/21/2019
At -Large
Barbara Levine
Regular Member
03/28/2019
At -Large
Karen Morrisette
Regular Member
03/28/2019
At -Large
Pam Davis
Alternate Member
03/28/2019
14
• Working with other groups such as the Sportsplex
• Following Master Plan 2030, which drives PRC monthly meeting agendas
• Extended maintenance of parks, which is a funding issue
• Regular need for expanding services to compete with municipalities
• Discussion on how to improve communications with park facilities
• Looking at the soccer fields- natural vs turf?
• Inclusive /accessible parks
Commissioner Marcoplos said he heard there is a rumor about a disc golf course near
the Speedway.
No one had heard about this.
Commissioner Price referred to the issue of accessibility, and suggested that the PRC
may want to work with the Planning Department and Asset Management Services on this
issue.
Commissioner Jacobs said there is park land that is not being utilized, the Kirby tract,
and this may be an area to discuss with David Stancil, Department of Environment, Agriculture,
Parks and Recreation Director, about a disc golf space.
Planning Board: Craig Benedict, Director
Craig Benedict reviewed the following highlights:
• new public hearing process, which allows for some expediting
• amendments made regarding temporary health care structures, and those who
are unrelated to allow for more flexibility
• collaborating on affordable housing issues, work with Information Technology
on broadband, and working with Economic Development on new SWOT
Analysis
Craig Benedict said some goals for 2017 are:
• Housing — clustering of homes; public water and sewer; off site septic
• considering rural clustering
• streamlining regulations
3. Discussion Regarding Election Method for Members of the Orange County Board
of Commissioners
Greg Wilder, County Manager's office, reviewed the following background information:
BACKGROUND:
At the Board of Commissioners' January 24, 2005 regular meeting, representatives of a group
of Orange County residents addressed the Board and submitted a 1,200- signature petition to
the Board regarding the method by which the members of the Board of Commissioners were
elected in Orange County. The representatives requested that the Board review the current
method of election for the members of the Board, which entailed all five members of the Board
being nominated and elected to staggered four -year terms on an at -large basis.
At the Board's direction, the County Manager and County staff reviewed the issue and the
petition submitted and provided a report to the Board at the May 5, 2005 work session. The
report provided an initial framework of information upon which the Board of Commissioners
could deliberate and determine as appropriate any further steps in evaluating the issue and
responding to the request and petition submitted.
MA
15
The Board then pursued a series of meetings over the next 13 months, including public
hearings, Board discussions on possible draft district maps /plans for either a five or seven
member Board, and decisions on specific map /plan issues.
The public hearings and discussions led to the development of a map /plan (identified in 2006
as "Proposal D ") for a seven - member board that met all statutory requirements. The County
Attorney prepared a draft resolution calling for a November 2006 referendum in concert with
"Proposal D ", and the Board approved that resolution and the election plan /map at its June 27,
2006 regular meeting in preparation for a voter referendum as required by the North Carolina
General Statutes. The approved resolution and election map /plan are provided at Attachment
A. The population deviations for the approved 2006 map /plan, based on the 2000 Census, are
provided at Attachment B.
In the November 2006 referendum, the voters subsequently approved the election plan /map
with more than two - thirds supporting the initiative. The election plan /map was implemented
with the May 2008 primary election and all seven members of the current Board have since
qualified and been elected under the plan.
The election plan /map approved in 2006 established a district/at large system for electing
seven members of the Board of Commissioners, and includes two nominating districts.
• Three seats on the Board are filled, with staggered four -year terms, by individuals
residing in District 1 and nominated by the voters in District 1 during the primary
election.
These district - nominated candidates are then elected by all the voters in the entire
County during the general election.
• Two seats on the Board are filled, with staggered four -year terms, by individuals
residing in District 2 and nominated by the voters in District 2 during the primary
election. These
district - nominated candidates are then elected by all the voters in the entire County
during the general election.
• The other two other seats on the Board are filled, with staggered four -year terms, by
individuals residing anywhere in the County and nominated by all voters in the County
during the primary election. These "at large" candidates are then elected by all the
voters in the entire County during the general election.
In summary, five district seats on the Board are filled based on district residency and district
nomination during the primary election, followed by countywide election in the general election.
The two at large seats are filled based on countywide nomination and countywide election.
REVIEW OF DISTRICT ELECTIONS MAP BASED ON 2010 CENSUS
Final numbers for the 2010 Census were published in 2011 providing new population numbers
for Orange County as a whole as well as for the two current electoral districts. North Carolina
General Statute 153A -22 states, "If a county is divided into electoral districts for the purpose of
nominating or electing persons to the board of commissioners, the board of commissioners
may find as a fact whether there is substantial inequality of population among the districts."
Population growth or decline in districts can lead to significant deviations in the numbers of
residents between districts, thereby compromising the integrity of the districts and the election
plan as a whole. Therefore the Board may, but is not required to, review the impact of the new
Census numbers to determine if there is substantial inequality.
16
Attachment C is a map showing the current electoral districts along with the population
numbers based on the 2010 census. In the 2006 adopted plan (Attachments A and B), Orange
County met its goal of keeping the population deviations within five percent of the exact
population totals for each district, less than a total of ten percent deviation (referred to
nationally as the Ten Percent Rule). Attachment C shows that Districts 1 and 2 were still within
the Ten Percent Rule deviation criteria based on the 2010 Census data. Since the Districts
were, combined, within the ten percent deviation allowed by law, there can be no finding of
substantial inequality.
Attachment D is the resolution adopted by the Board on June 2011 acknowledging there is no
substantial inequality revealed by the 2010 census results.
In recent months members of the Board of Commissioners have expressed an interest in
discussing and possibly amending the current election method for seats on the Board of
Commissioners. Several related issues have been voiced regarding potentially amending the
method. Staff has addressed some of those topics below.
If the Board chose to move forward with proposing an amendment to the current election
method, when could voter referendum occur?
• The North Carolina General Statutes require that counties schedule special voter
referenda only in even years when all the voting precincts in the County will be open.
Therefore, a special voter referendum on the election method cannot occur in 2017
with the possible exception of a legislative act authorizing the referendum in 2017.
Without legislative intervention the next potential dates for a special referendum are
May 2018 or November 2018 when a countywide election with all precincts open is
already scheduled.
Do other North Carolina counties use an election method similar to Orange County's
current method?
• Attachment E is a chart from the North Carolina Association of County Commissioners
(NCACC) which details the current election method for all 100 North Carolina counties.
The chart initially indicates that Currituck, Pamlico, and Pasquotank counties share the
same election method as Orange County. However, further investigation by County
staff confirms that while all four counties have seven (7) Commissioner seats and all
four counties have Commissioner seats representing districts, there are variations in
the election methods for the district seats that differentiate the counties.
Orange County's current election method entails five district seats on the Board that are
filled based on district residency and district nomination during the primary election,
followed by countywide election in the general election. Conversely, Currituck County's
five Commissioner seats representing five districts are for residency purposes only.
Candidates for district seats in Currituck must reside in their respective districts, but
they are nominated /voted on in the primary and elected during the general election by
all voters in all precincts in Currituck County. Currituck County's two at large seats are
filled based on countywide nomination and countywide election.
An additional variation applies in Pamlico County. The five district Commissioner seats
representing five districts for the Pamlico County Board of Commissioners are for
residency, nomination, and election. Candidates for district seats must reside in their
I0
17
respective districts, are voted on /nominated during the primary by only the voters in
their respective districts, and elected during the general election by only the voters in
their respective districts. Pamlico County's two at large seats are filled based on
countywide nomination and countywide election.
And like Pamlico, the four district Commissioner seats for the Pasquotank County
Board of Commissioners are also for residency, nomination, and election. Candidates
for district seats must reside in their respective districts, are voted on /nominated during
the primary by only the voters in their respective districts, and elected during the
general election by only the voters in their respective districts. Pasquotank County's
three at large seats are filled based on countywide nomination and countywide election.
What is the timeframe to place a proposed election method /plan on the ballot for voter
referendum?
• If the Board determined to pursue a voter referendum on an election method /plan in
May
2018, Board action on a resolution and election plan /map would be necessary before
February 28, 2018. The Board may want to consider whether action earlier than this
timeframe would be advisable for the benefit of voters.
• If the Board determined to pursue a voter referendum on an election method /plan in
November 2018, Board action on a resolution and election plan /map would be
necessary by August 17, 2018. It should be noted, however, that the Board's
contemplated 2018 summer break would in reality necessitate Board action before or
during June 2018. Alternatively, the Board could amend the summer break portion of
its contemplated 2018 meeting schedule to extend the timeframe for Board action up to
the August 17, 2018 deadline. The Board may want to consider whether action earlier
than these timeframes may be advisable for the benefit of voters.
Depending on the Board's potential interest related to the election method, will
population changes since the 2010 Census need to be considered?
• Although there have been changes related to Orange County's population since 2010,
those changes would not be considered as part of any potential election method or
district delineation. The 2010 Census remains the basis for all population calculations.
What is cumulative voting? Is cumulative voting permissible in North Carolina for boards
of commissioners' elections? Would Orange County need special legislation from the
North Carolina General Assembly to consider /implement a cumulative voting method for
seats on the Board of Commissioners?
Cumulative voting is method of election that is utilized in the United States primarily by
corporations and to a lesser extent local governmental entities across the country. This
method allows minority shareholders to have a greater chance of electing corporate
officers and has been adopted in some local jurisdictions specifically to rectify voting
rights violations. Cumulative voting is specifically recognized in North Carolina law for
corporate voting.
Cumulative voting works by allocating a specific number of votes to all voters, five for
example. In an election with three candidates an individual voter may choose to place
all five votes on a single candidate or allocate the five votes among the three
candidates.
We
By pooling votes to a single candidate minority groups have a greater chance of
electing a candidate of their choice.
There appears to be no violation of the "one person, one vote" principle in a cumulative
voting setup due both to the fact that often it is implemented as a means of rectifying
voting rights violations and because each voter has the same number of votes. If the
Board were to select cumulative voting for Orange County Commissioner elections the
Board must seek special legislative authority from the General Assembly.
Chair Dorosin said the census data is from 2010, and asked if staff has looked at
anything more recent.
Greg Wilder said more recent data can be looked at, but decisions cannot be based on
it. He said staff will research this.
Commissioner McKee asked John Roberts if any changes endorsed by the BOCC
would have to go to the legislature.
John Roberts said no, the Board can choose to change the electoral structure and take
it to a referendum. He said any changes to the voting method must go to the legislature.
Commissioner McKee asked if changing to district nominate /district elect would be a
change in the structure or the method.
John Roberts said that would be a change in the structure, and is one of four statutorily
authorized methods. He said if the BOCC wanted to divide the County into seven districts,
where the voters in those districts both nominate and elect officials, then the County can
accomplish that through referendum.
Commissioner McKee asked what would happen if the same district set up remained,
but changed the voting from district nominate /county elect to district nominate /district elect.
John Roberts said such a change would go to referendum.
Commissioner Marcoplos said back in 1992 he ran for County Commissioner as an
Independent, and then the landfill debacle came up. He said so much attention was paid to
representation that the County formed a committee. He said a lot of effort was put into trying
to understand what may be done, and districts came to residents' minds. He said he was
introduced to cumulative voting at that time, which was 1993.
Commissioner Marcoplos said he always thought that cumulative voting was the more
simple way to vote, and he said this empowers minorities in the political system. He said in
cumulative voting, if there are three candidates each voter gets three votes, and can use them
as he /she so chooses. He said what can happen, when one represents a district, is that one
can become bound to what is popular in your district. He said the way commissioners are
elected now means that many people's vote does not count, and in Orange County, this is
mostly republicans. He said it is incumbent upon the BOCC to provide the fairest access to
the democratic process, and he believes that cumulative voting is the best way to achieve this.
He said this is the choice to settle legal issues over perceived unfair voting, and is the most
fair.
Chair Dorosin said cumulative voting would require legislative approval, and asked
Commissioner Marcoplos if he thinks this could be pursued.
Commissioner Marcoplos said someone has to raise the idea so that people can
become educated. He said he is unsure if Commissioner McKee's idea of district
nominate /district elect would change anything.
Commissioner McKee said it would not change anything as far as the power structure
as it exists now, but it would change the perception that in District 2, for example, that the
district nominates, but the countywide election is what elects. He agreed that a republican
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19
candidate cannot win a countywide election in Orange County. He said his proposed change is
simple, and does not require legislative involvement.
Commissioner Burroughs said she is interested in learning more about Commissioner
McKee's suggestion. She said it would clean up what currently exists, as people are familiar
with it. She is not confident that the legislature would support cumulative voting, but is open to
others' thoughts.
Commissioner Jacobs said he would like to read more of the cumulative voting
information forwarded by Commissioner Marcoplos. He disagreed that a republican cannot be
elected in Orange County, but said a radical republican could not. He said there are
republicans on the school boards and the town councils. He said Greg Wilder's point about
how the BOCC sits in meetings indicates the fact that they represent the whole County, not
just a district or at large position. He said the current system mitigates towards that, and so far
the BOCC personifies that. He said he would be very careful about Balkanizing Orange
County in a way that may pit district against district. He said there is already a subtle divide in
the County, and he said the district nominate /district elect would only exacerbate that.
Commissioner Rich asked if Commissioner Jacobs recalls which options were
discussed in 2006.
Commissioner Jacobs said all of the permutations were considered, and there was a
report on this. He said the legislature tried to enforce a particular system on the County at that
time, which the County fought. He said non - partisan commissioner elections were discussed,
but not cumulative voting.
Commissioner Marcoplos said Commissioner Jacobs made a good point about the
school board non - partisan elections, but the major parties are not going to release their grip on
the partisan elections.
Commissioner Marcoplos said if changes are going to be made, the change should be
one that really makes a difference. He said he does not find Commissioner McKee's
suggestion to be worth the effort. He said in cumulative voting, one can use the power of
one's vote. He said it is a community building solution as well.
Chair Dorosin said the reality of getting something positive from the legislature is
daunting. He said there needs to be a fairer election system. He said there is the perception
that the current system is unfair, and this needs to be moved away from. He said at -large
elections are the least fair, and having residents run in districts, and to be elected from those
same districts, is fairer.
Chair Dorosin said he does not believe Commissioner McKee's suggestion would lead
to the Balkanization of the County, and it is interesting that the current at -large Commissioners
come from outside District 1.
Chair Dorosin said residents feel disenfranchised with the current system, and it would
be interesting to look at voter registration in each of the districts.
Commissioner Burroughs asked if the proposal would be to leave the at -large
Commissioners as they are, but make the districts vote primary and general election within the
districts.
Chair Dorosin said he would be amenable to get rid of the at -large positions and have
four Commissioners from District 1, and three from District 2; or however the numbers broke
down fairly. He asked if such a change could be done by a referendum.
John Roberts said yes, this could be done by referendum.
Commissioner Price said a Republican or an Independent can win in District 2, and it
would be more possible with the change proposed by Commissioner McKee. She said when
Chapel Hill votes in general elections the balance is shifted. She said this concern is often
raised to her, as it leads to Chapel Hill and Carrboro determining elections.
32
Chair Dorosin said a fair voting system does not mean that everyone gets to elect
whomever they want. He said if the minority is small enough, it will not be able to overcome
the majority. He said the question is whether or not the system is created fairly.
Commissioner Marcoplos agreed, and said the point of cumulative voting is that
everyone has a chance. He said in general elections the Commissioners are usually an
afterthought, since people vote their party.
Commissioner Marcoplos said for a Republican to win, he /she must appeal on the
issues across the County. He said if the County moved to having just two districts, and no at-
large positions, break down might be five commissioners in district 1, and 2 in district 2; based
on population. He said this would make residents in the rural part of the County very upset.
Commissioner Marcoplos asked if the legislature was asked to consider cumulative
voting for Orange County, would it give a yes or no answer.
Commissioner Jacobs said, if invited in, the legislature could change it to whatever it
pleased, as seen in Greensboro and Wake County.
Commissioner Jacobs referred to the issue of independent voters, and said this is an
increasingly larger group. He said the BOCC should gather more information on this group.
He said he is more interested in finding out how to get these people to run, than he is in
messing with the districts. He said candidates should run on issues.
Chair Dorosin asked John Roberts if having non - partisan elections would require
legislative approval.
John Roberts said yes.
Commissioner Price referred to Commissioner Jacobs' comments, and said in other
states one has to be registered with a party to vote in a primary.
Commissioner McKee said he just wanted to tweak the system, not to change it. He
said he believes it is a perception problem, rather than a real problem. He said it has been
over a hundred years since a republican was elected in Orange County. He said anyone who
is elected to the BOCC, and tries to be a disruptive force, will find themselves up against other
Commissioners who will not put up with it. He said any changes that are made should be
those that can be made in house, and not involve the legislature.
Commissioner McKee said his intent is to alleviate the perception of inequity. He said
he does not believe there really is much inequity, but there is the perception of such.
Chair Dorosin summarized the discussion:
• Two ideas that require legislative approval, and BOCC would like more information:
cumulative and non - partisan voting
• District nominate /district election-
• Get rid of at large positions- and have two districts
• More information on voter registrations in district
• Updated census data
Greg Wilder said to have all seven seats elected by district, the district lines would need
to be redrawn, moving 4,000 people from district 1 to district 2, which would result in four
commissioner seats in District 1, and three seats in District 2.
Chair Dorosin said his intent was to have two multi- member districts. He said to have
seven individual districts would result in pizza slices coming out of Chapel Hill, and some
districts would violate other principles of drawing districts, such as having communities of
shared interest, etc. He said there could not be district blocks throughout the County, due to
the density of the population in certain areas.
4. Closed Session - Canceled