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HomeMy WebLinkAboutAgenda - 08-24-2005-ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 24, 2005 Action Agenda Item No. SUBJECT: Public Hearing on the Structure of the Board of County Commissioners DEPARTMENT: County Attorney, County Commissioners & County Manager ATTACHMENT(S): 1) Excerpt from May 5, 2005 Work Session Minutes 2) Definition of a Resident Information 3) County Commissioner Partisan Election Provisions 4) NC Counties Population /Concentration Comparison with Orange County 5) Minutes from Five Meetings of the 1993 Task Force on the Process of Electing County Commissioners 6) Multimember or Unusual County Commissioner Election Systems 7) Super Districts — Artie Franklin Letter to Chapel Hill Herald Editor 8) Three Counties Methods of Election Fallow -up 9) Options for Electing County Commissioners by Residential Districts from Chair Carey 10)May 2005 Staff Report on the Structure of Boards of County Commissioners (Previously Provided Under Separate Cover) PUBLIC HEARING: (Y /N) No INFORMATION CONTACT: Moses Carey, Jr., Chair Geof Gledhill, County Attorney, 732 -2196 Greg Wilder, ext. 2300 David Hunt, ext 2130 John Link, ext 2300 TELEPHONE NUMBERS: Hillsborough 732 -8181 Chapel Hill 968 -4501 Durham 688 -7331 Mebane 336 - 227 -2031 PURPOSE: To hold the first of two public hearings on the structure of the Board of County Commissioners. BACKGROUND: At the Board's 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 are elected in Orange County. The representatives requested that the Board review the current method of election for the members of the Board, which entails all five members of the Board being nominated and elected to staggered four -year terms on an at -large basis, The representatives specifically requested, as stated in the petition, that the Board "alter the method and manner by which Orange County Commissioners are elected to afford equal and fair representation to the residents of the county by adopting NCGS 153- 58(3)b, permitting the voters of Orange County to choose commissioners by electoral districts with each district being as nearly equal in population as practicable," The petition continued, "Further, that the qualified voters of each district nominate candidates and elect members who reside in the district for seats apportioned to that district and that some of the commissioners, but not more than half of the board, be allocated to the county as a whole, to be nominated and voted upon by the qualified voters of the entire county." Neither those making the request nor the petition submitted included any explanatory information or detailed any specific proposal regarding the format or implementation of the requested district representation for the Board.. Upon hearing the request, the Board of Commissioners asked that the Orange County Manager and County staff review the issue and the petition submitted and provide a report to the Board, Staff subsequently provided that report at the Board's May 5, 2005 work session. The report included information on the following: 1) the legal framework for structure of boards of county commissioners; 2) the various methods of at -large election, district election, and combination of at- large /district election utilized for boards of commissioners in the 99 other North Carolina counties; 3) a history of past discussions by the Orange County Board of Commissioners in regard Board representation and election; 4) some limited boundaries and statistics information showing the population distribution as it may relate to the consideration/ formulation of district representation for Orange County, The report was not intended to be an investigation of the benefits, costs, opportunities, hurdles, or timelines that may be associated with the consideration and possible implementation of district representation for the Board of Commissioners, It was intended to provide an initial framework of information upon which the Board of Commissioners could deliberate and determine as appropriate any further steps in evaluating this issue and responding to the request and petition submitted. Following staffs presentation of the report, the Board scheduled tonight's public hearing as well as the public hearing on August 31, 2005 in Hillsborough, The Board also requested additional information on several issues as noted in the minutes of May 5, 2005 work session, which are included at Attachment 1. Staff has provided information at Attachments 2 through 8 that responds to the Board's discussion at the May 5, 2005 work session, and will be available at the public hearing to provide any additional information on these materials. Attachment 9 to this abstract includes three options developed by Chair Moses Carey that provide different concepts for nominating county commissioners by residential district. These options may perhaps serve as a basis for public comments at the meeting. It should be noted that the concepts detailed in these options have not been assessed or number - tested, and following the public hearing and any direction from the Board, will likely require assessment and refinement for additional review and discussion by the Board. FINANCIAL IMPACT: There is no financial impact associated with holding the public hearing. RECOMMENDATION(S): The Manager recommends that the Board conduct the public hearing and receive comments from the public, and provide comments, questions and any further direction to staff. A i Fm� x15)05 M, „w6 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE, The meeting began at 7:40 p.m, 1. Orange County Staff Report on the Structure of Boards of County Commissioners Chair Carey said that in February the County Commissioners received a petition from some residents to consider the issue of the way the Orange County Board of Commissioners was elected. The Board indicated in February that a report would be brought back on the options available, the legal environment, etc. The Board also indicated that the County Commissioners normally hold public hearings on issues of great importance to its residents before making decisions A public hearing will be held at the southern end and northern end of the County on this item after tonight before action is taken. County Attorney Geof Gledhill made a PowerPoint presentation. Orange County Staff Report on the Structure of Boards of County Commissioners Introduction ■ January 2005 — Citizen group requested the BOCC alter the method of election to afford fair representation of county residents IN BOCC asked the County Manager and staff to prepare a report on the various aspects of representation for commissioners Report Topics • Legal Framework • Election Methods Across North Carolina IN History of Discussions by BOCC ■ Boundaries and Statistics Legal Framework • Board may consist of any odd number of members, not less than 3 • Term may be for 2 or 4 years • Terms of office can be staggered or not • Candidates elected by county • Reside in district — elected by district plus "at- large” elected by county • Reside in district — elected by county plus "at- large" elected by county • Reside in district — elected by county Constitution The Constitution of the United States of America requires adherence to the principle of 1 person - 1 vote Townships - graph Precincts - graph Population — graph S Statistical Summary ■ Orange County population 120,881 ■ Chapel Hill population 49,438 ■ Carrboro population 17,585 ■ Hillsborough population 5,541 ■ 1/3 of the registered voters live in the Orange County School District ■ 2/3 of the registered voters live in the Chapel Hill / Carrboro District ■ Orange County increased from 3 to 5 commissioners in 1954 ■ 60% of the counties in NC elect 5 commissioners ■ 25% of the counties in NC elect 7 commissioners Geof Gledhill presented some additional information. He said that if the Board consists of County Commissioners with two -year terms and four -year terms, all of the members of the Board must be nominated and elected by the voters of the entire County, with the Board Chair elected by and from the members of the Board. There are four modes of election that are authorized. When an electoral district mode is used, the districts must apportion the Board members so that the number of Commissioners apportioned in each district, divided by the population of the district, is as nearly equal as practicable for all of the districts. The four modes of election are: a) The qualified voters of the entire County nominate all candidates for and elect all members of the Board. This is the method now used by Orange County b) The qualified voters of each district nominate candidates and elect members who reside in the district for seats apportioned to that district; and the qualified voters of the entire County nominate candidates and elect members apportioned to the County at large. The citizen petition presented to the Board this year requests that the Board pursue this mode. House Bill 913 also would, if approved by the voters of the County, create this type of election system. Chapter 136 of the 1991 Session Laws, which expanded and redistricted the Guilford County Board of Commissioners, is an example of the creation of a board structure using this mode. C) The qualified voters of each district nominate candidates who reside in the district and the qualified voters of the entire County nominate candidates for seats apportioned to the County at large, if any; and the qualified voters of the entire County elect all the members of the Board. d) The qualified voters of the entire County nominate candidates and elect members; candidates and members reside in apportioned districts. Chapter 43 of the 1981 Session Laws, involving Randolph County, is an example. If the district mode of election is chosen, the Board of Commissioners divides the County into districts according to the apportionment plan adopted and delineates the districts, If a district mode is chosen, no more than half the Board may be apportioned to the County at- large. North Carolina General Statute 153A -60 provides that the Board of Commissioners initiates any alteration of Board stricture by resolution. The alteration of Board structure is then accomplished or not following a referendum conducted by the County Board of Elections. MR North Carolina General Statute 153A -61 directs the ballot question that, in effect is, yes for the altered structure described in the ballot or no for the altered structure. If the referendum passes, the new structure is put into effect If the referendum fails, the resolution adopted by the Board of Commissioners calling for the restructuring and the plan for the altered structure are both void. Commissioner Gordon asked about the term "residential district" and Geof Gledhill said that this is a term used to describe the system whereby the Commissioners reside in districts, but they are nominated and elected countywide. This is option 'd'. Chatham County uses this option. He said that one of the interesting quirks in the law, is that if the residential district system is used; there is no way to fix the balance of the districts except through a referendum. The method by which a Board of Commissioners in North Carolina is elected that is authorized by North Carolina law, so long as it complies with the "one person, one vote" principle and does not violate the Voting Rights Act, is inherently political and legally raises only a political question. There are several kinds of districts that have been approved by the federal courts The North Carolina General Statutes relating to district representation talk only about "representational equality" or a total population equality, The federal courts have recognized that "electoral equality" is also acceptable under the "one person, one vote" principle. Under electoral equality, you can use registered voters as opposed to the total population. The Durham County Board of Education merger created an election system for the Durham County Board of Education, which used registered voters as the basis for the districts The North Carolina General Assembly has the power, under the North Carolina Constitution, by legislative fiat, to direct, county by county, the method by which boards of commissioners are elected, so long as each such method complies with the "one person, one vote" principle and does not violate the Voting Rights Act.. Commissioner Jacobs made reference to the letter from 1996 on page 7 of the report regarding cumulative voting and asked if Geof Gledhill was saying that it was unconstitutional in North Carolina or if it has just never been talked about. Geof Gledhill said that cumulative voting presents unique questions about the "one person, one vote" principle that have not been explored as far as he knows in North Carolina. It is not authorized by the general law, but it could be authorized by the General Assembly if it meets the "one person, one vote' principle and also the Voting Rights Act. Commissioner Jacobs made reference to page 69 and the testimony from Lightning Brown on September 28, 1992, where he talks about "focused voting." He asked if this was allowed under North Carolina law. Geof Gledhill said that the answer is the same as above — it is not expressly authorized, but the General Assembly could authorize it if it met the two requirements. Commissioner Jacobs made reference to page 24 and the Limited Voting Plan and asked for an explanation. Geof Gledhill said that it looks to be a variation on the proportional voting system. He has not looked at this particular system in detail. Chair Carey verified with Geof Gledhill that if the Board wanted to change the way County Commissioners were selected, the Board would adopt a resolution and then submit it for a referendum. He asked if there was any other way and Geof Gledhill said that they could ask the General Assembly. These are the only ways to change the way in which County Commissioners are elected in Orange County Chair Carey said that Orange County is not a Voting Rights Act county Geof Gledhill said that Orange County is subject to the Voting Rights Act, but it is not subject to Justice Department Free Clearance because there is no history of minorities being unable to be elected 7 in Orange County, The classification of people protected by the Voting Rights Act has not been precluded from getting elected. The only groups protected by the Voting Rights Act are minorities, African Americans, and Spanish- speaking. Commissioner Gordon said that Representative Faison has a bill before the General Assembly, and she asked what happens if it passes. Geof Gledhill said that if it passes, there would be a referendum on changing the structure and the Orange County Board of Elections will conduct a referendum on changing the structure of the Board of County Commissioners consistent with that bill, It would create a seven - member Board and create three districts — District A would consist of Chapel Hill Township, District B would consist of the center part of the County, and District C would consist of the rural peripheral of the County. There would be four members from the Chapel Hill district, two members from each of the other districts, and one at -large member. Geof Gledhill said that Representative Faison's bill has specific dates for when everything would take place. It is the kind of plan that the Board could adopt by resolution if it were inclined to. Commissioner Halkiotis thanked the staff for the work done on this report that may be more thorough than the one in the 1990's He noted some interesting historical facts within the report . He made reference to an interesting quote that he agrees with that "fairness is a political judgment." He said that he has an open mind about this, but he objects to the process that was embarked upon by others. Commissioner Jacobs said that he appreciated staff and that people brought this to the Board's attention. He does not appreciate the way it was forced on them. If the Board is inclined to adopt a resolution, then more information is needed, and he has questions: • Definition of a resident in a district. He would like the staff to provide information from different jurisdictions that makes this clear. • Does every County Commissioner race in North Carolina have to be partisan (municipal or school boards)? He wants to know if this is automatic or a choice. • He would like to know about other counties with a comparable population and one population center and how they elect County Commissioners. • In 1993, several people urged the Board of County Commissioners to read task force meeting minutes. He would like a copy of these minutes. • Commissioner Wilhoit spoke about multiple member districts and he would like information about this. • Artie Franklin wrote a column about super blocks, and he would like some information about this • There was information provided in 1992, and since then, two of the counties changed their method of electing commissioners and went from at —large to district. He would like to know why they did this —this was in Edgecombe and Jackson Counties, It looks like Northhampton County went from district to at- large, He would like to find out what counties changed and talk to a County Commissioner that is serving now that they can talk to about this. • He wants to make sure that when they look at permutations, that a voter gets to vote for a majority of the County Commissioners. • On page 137, Shaping Orange County's Future proposed a method for addressing positions. He suggested looking at Action Strategy A on page 137. Chair Carey said that the Board should listen to the residents on this matter, in addition to getting all of the answers to the questions that Commissioner Jacobs raised. He shared NO r three possible dates in August to have a public hearing on this matter on both ends of the County and to hear the answers to the questions, Commissioner Jacobs asked who would sift through all of the information — a group of citizens or the Board. Shaping Orange County's Future suggested setting up a task force. Commissioner Foushee said that it is important to get answers to the questions from Commissioner Jacobs, She agreed about holding the public hearings as soon as possible. She does not think it is necessary to create a task force prior to the public hearings, Chair Carey said that he would like to proceed after the public hearing, but he also thinks that creating another task force to study this further and make recommendations is a step that he hopes the Board will not take. He thinks the decision about how to elect County Commissioners is going to be apolitical decision that the Board will have to make He has told the public that the Board will take an action on this one way or another. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve the scheduling of public hearings on Wednesday, August 24'° and Wednesday, August 31 s'. UNANIMOUS Commissioner Jacobs suggested that the Chair and the Clerk look at creating some work sessions in September or October to sift through the information. Chair Carey and Commissioner Halkiotis agreed with this. Commissioner Gordon said that she would like to see more than one method proposed There are other ways to have district representation and not to increase the board to seven commissioners. She would like to see variations with five commissioners, Commissioner .Jacobs said that Evelyn Cecil put together some historical information that goes back to 1938. Since that time, there have been 19 County Commissioners from Chapel Hill Township, 18 County Commissioners from the other townships, and 3 County Commissioners who moved from Chapel Hill Township to other townships. 2. Recommendations for Reallocation of $12.8 Million in Programmed Debt John Link said that this item is a process for the Board to affirm how to proceed with allocating funds remaining of the $12 8 million initially designated for the CHCCS Elementary School #10. The Board has already appropriated $3.5 million for the OCS Middle School #3 and $4.3 million for the CHCCS High School #3. The staff recommendation was for the Board to consider the remaining appropriations for the projects as listed in the abstract. Commissioner .Jacobs said that the only change he would make is to try and find more money for conservation easements. He said that Environment and Resource Conservation Director Dave Stencil sent him an email that someone from the federal government wants to come and do an event with Orange County because it has reached $10 million that they have given North Carolina in conservation easements since the early 80's He believes that Orange County has received $2 million just in the last few years. Orange County has the model program, and he is concerned that they will run out of money in the next two -year period. Budget Director Donna Dean said that they have talked about moving some of the Lands Legacy money into conservation easements. Commissioner Jacobs said that he is comfortable with not changing this as long as there is some general agreement that there will be sufficient money to keep this program viable. Commissioner Gordon said that she is not ready to decide this yet because she does not know the other options. She thought that when the Board approved the conservation easements, it agreed to look over and evaluate the criteria. Commissioner Halkiotis said that Commissioner Jacobs' suggestion is very valuable. He thinks that the rural community has benefited immensely from the conservation easements. He agrees with Commissioner Jacobs in principle He challenged the Manager and staff to figure HOW IS A RESIDENT IN A DISTRICT DEFINED? This question has two responses. First, residence for registration to vote and for voting is defined in N.C. Gen. Stat. § 163 -5T A copy of that statute and other relevant statutes follow. Second, residence for 'running for election" is the same. That is, to be eligible to run for election in North Carolina one must be qualified to register and to vote in the election district that comprises the office sought. The determination about whether one is a resident for registration and voting purposes is made by local election officials under the supervision of the local board of elections.. In the case of determining residence for the elective office of county commissioners, the determination is also made by the local election officials under the supervision of the local board of elections. In both instances the inquiry is a factual one and is determined by the evidence presented to election officials, including whatever evidence there is of "surrounding circumstances and the conduct of the person" registering or running for office. See Lloyd v. Babb; 296 N.C, 416, 251 S.E.2d 843 (1979); Hall v. Wake County Board of Elections, 280 N.C. 600, 187 S.E.2d 52 (1972). (The Lloyd v Babb Supreme Court decision involved an unsuccessful challenge to the Orange County Board of Elections methods and procedures used to register college, typically UNC, students.) In its voter registration process, the Orange County Board of Elections relies on, along with other pertinent evidence, the Registration Application/Update Form, a copy of which follows, which Form includes the attestation raider penalty of perjury that is in the lower right hand comer of the Form. When a board of county commissioners is structured to include electoral districts, a person must "reside in the district" to represent that district. N.C. Gen. Stat. § 153A -58. Article lsg. F: \Lisa \orangecounty \Response to questions raised at May 5 BOCC mtg.doc C VI, Section 6 of the N.C. Constitution provides "[e]very qualified voter in North Carolina who is 21 years of age, except as in this Constitution disqualified, shall be eligible for election by the people to office.." And, Article VI, Section 8 of the N.C. Constitution disqualifies for office any person who is not qualified to vote in an election for that office. A qualified voter in an election district is one who is a resident of (resides in) that district. Therefore the law governing residence for registration and voting is the same as the law governing residence for office holding. lsg: F: \I,isa \orangecounty\Response to questions raised at May 5 BOCC mtg. doc § 163 -55. Qualifications to vote; exclusion from electoral franchise. 0 Every person barn in the United States, and every person who has been naturalized, and who shall have resided in the State of North Carolina and in the precinct in which he offers to register and vote for 30 days next preceding the ensuing election, shall, if otherwise qualified as prescribed in this Chapter, be qualified to register and vote in the precinct in which he resides: Provided, that removal from one precinct to another in this State shall not operate to deprive any person of the right to vote in the precinct from which he has removed until 30 days after his removal. The following classes of persons shall not be allowed to register or vote in this State: (1) Persons under 18 years of age. (2) Any person adjudged guilty of a felony against this State or the United States, or adjudged guilty of a felony in another state that also would be a felony if it had been committed in this State, unless that person shall be first restored to the rights of citizenship in the manner prescribed by law. (19th amendt. U S Const.; amendt. State Const., 1920; 1901, c. 89, ss. 14, 15; Rev., ss, 4315, 4316; C.S., ss. 5936, 5937; Ex. Sess. 1920: c. 18, s. 1; 1933, c, 165, s. 4; 1945, c. 758, s. 7; 1955, c. 871, s. 2; 1967, c. 775, s. 1; 197I, c. 1231, s. 1; 1973, c. 793,s. 18.) http: / /www.ncga.state, nc.us/EnactedL,egislation/ Statutes/ HTML. /BySection/Chapter_163 /G._. 8/17/2005 § 163 -57. Residence defined for registration and voting. Q All election officials in determining the residence of a person offering to register or vote, shall be governed by the following rules, so far as they may apply: (1) That place shall be considered the residence of a person in which that person's habitation is fixed, and to which, whenever that person is absent, has the intention of returning, (2) A person shall not be considered to have lost that person's residence if that person leaves home and goes into another state or county of this State, for temporary purposes only, with the intention of returning. (3) A person shall not be considered to have gained a residence in any county of this State, into which that person comes for temporary purposes only, without the intention of making that county a permanent place of abode. (4) If a person removes to another state or county within this State, with the intention of making that state or county a permanent residence, that person shall be considered to have lost residence in the state or county from which that person has removed. (5) If a person removes to another state or county within this State, with the intention of remaining there an indefinite time and making that state or county that person's place of residence, that person shall be considered to have lost that person's place of residence in this State or the county from which that person has removed, notwithstanding that person may entertain an intention to return at some future time. (6) If a person goes into another state or county, or into the District of Columbia, and while there exercises the right of a citizen by voting in an election, that person shall be considered to have lost residence in this State or county. (7) School teachers who remove to a county for the purpose of teaching in the schools of that county temporarily and with the intention or expectation of returning during vacation periods to live in the county in which their parents or other relatives reside, and who do not have the intention of becoming residents of the county to which they have moved to teach, for purposes of registration and voting shall be considered residents of the county in which their parents or other relatives reside, (8) If a person removes to the District of Columbia or other federal territory to engage in the government service, that person shall not be considered to have lost residence in this State during the period of such service unless that person votes in the place to which the person removed, and the place at which that person resided at the time of that person's removal shall be considered and held to be the place of residence. (9) If a person removes to a county to engage in the service of the State government, that person shall not be considered to have lost residence in the county from which that person removed, unless that person votes in the place to which the person removed, and the place at which that person resided at the time of that person's removal shall be considered and held to be the place of residence. (9a) The establishment of a secondary residence by an elected official outside the district of the elected official shall not constitute prima facie evidence of a change of residence. (10) For the purpose of voting a spouse shall be eligible to establish a separate domicile. (11) So long as a student intends to make the student's home in the community http:// www. ncga. state.nc.us /EnactedLegislationI Statutes lHTML,lBySectionIChapter_163 /G .. 8/17/2005 (3 where the student is physically present for the purpose of attending schoo while the student is attending school and has no intent to return to the student's former home after graduation, the student may claim the college community as the student's domicile. The student need not also intend to stay in the college community beyond graduation in order to establish domicile there. This subdivision is intended to codify the case law. (19th amendt. U.S. Const.; amendt. State Const., 1920; 1901, c. 89, s 15; Rev., s. 4316; C.S., s. 5937; Ex. Sess. 1920, c. 18, s. 1; 1933, c. 165, s. 4; 1945, c.. 758, s. 7; 1955, c. 871, s. 2; 1967, c. 775, s. 1; 1981, c. 184; 1991, c. 727, s. 5.1; 1993 (Reg. Sess., 1994), c. 762, s. 22; 2001 -316, s. 1.) http:// www. ncga. state.nc.uslEnactedLegislationI Statutes lHTMI,BySectionIChapter_I 63/G... 8/17/2005 os § 163 -59. Right to participate or vote in party primary, j4 No person shall be entitled to vote or otherwise participate in the primary election of any political party unless he (1) Is a registered voter, and (2) Has declared and has had recorded on the registration book or record the fact that he affiliates with the political party in whose primary he proposes to vote or participate, and (3) Is in good faith a member of that party. Notwithstanding the previous paragraph, any unaffiliated voter who is authorized under G.S. 163 -116 may also vote in the primary if the voter is otherwise eligible to vote in that primary except for subdivisions (2) and (3) of the previous paragraph. Any person who will become qualified by age or residence to register and vote in the general election or regular municipal election for which the primary is held, even though not so qualified by the date of the primary, shall be entitled to register for the primary and general or regular municipal election prior to the primary and then to vote in the primary after being registered Such person may register not earlier than 60 days nor later than the last day for making application to register under G.S. 163- 82.6(c) prior to the primary. In addition, persons who will become qualified by age to register and vote in the general election or regular municipal election for which the primary is held, who do not register during the special period may register to vote after such period as if they were qualified on the basis of age, but until they are qualified by age to vote, they may vote only in primary elections. (1915, c. 101, s. 5; 1917, c. 218; C.S., s. 6027; 1959, c. 1203, s. 6; 1967, c. 775, s. 1; 1971, c. 1166, s. 4, 1973, c. 793, s, 20; 1981, c. 33, s. 1; 1983, c. 324, s. 3; 1987, c 408, s. 4; c. 457, s. 1; 1991 (Reg. Sess., 1992), c. 1032, s. 5; 1993 (Reg. Sess., 1994), c, 762, s. 23.) http: / /ivww..nega. state. nc., usl EnactedLegislation IStatutesiHTML,lByS ectionIChapter_163 /G.... 8/17/2005 Article 7A, 1's Registration of Voters, § 163 -82.1. General principles of voter registration. (a) Prerequisite to Voting. — No person shall be permitted to vote who has not been registered under the provisions of this Article or registered as previously provided by law.. (b) County Board's Duty to Register, — A county board of elections shall register, in accordance with this Article, every person qualified to vote in that county who makes an application in accordance with this Article. (c) Permanent Registration, — Every person registered to vote by a county board of elections in accordance with this Article shall remain registered until: (1) The registrant requests in writing to the county board of elections to be removed from the list of registered voters; or (2) The registrant becomes disqualified through death, conviction of a felony, or removal out of the county; or (3) The county board of elections determines, through the procedure outlined in G.S, 163 - 82.14, that it can no longer confirm where the voter resides, (195.3, c. 843; 1955, c. 800; 1963, c. 303, s. 1; 1965, c. 1116, s. l; 1967, c. 775, s. 1; 1973, c. 793, s, 25; 1975, c. 395; 1981, c. 39, s. 1; c. 87, s. 1; c. 308, s, l; 1985, c, 211, ss, 1, 2; 1993 (Reg, Sess,, 1994), c. 762, s. 2.) hnp: //wwwncga „state,nc.us/Enactedf, egislation /Statutes/HTMLBy5ection /Chapter- 163/G.,, 8/17/2005 1104 North Carolina Voter Registration Application/Update Form A, Information You can use this form to: Register to vote in your count/ at residence in North Carolina, or chance your votat information If you are not sure if you are fagaaered, call your county board or areal Dmca Qualifications: ■ You may register to vote only in the county where you reside. ■ You must be a US citizen try birth or naturalization, end stnrm this in the Answer Firsr box ahowo below • You must be to years of age by rho next general election, and affirm this in the Answer First box shown below • It you have been convicted or a telony, youi rights of citizenship must be restored (After the completion of any sentence, including probation or parole. North Carolina restores your citizenship ) Requirements: • Compiata the •ceceonc below by printing legibly. • It you ansv'rered YES to both questions in me Answer First box the hiormaton required m process this application includes: name residence address date of birch, and signature. •You may real or hand deliver thia tore to the board of elienone in The county where you live rfyou choose to we this roan to register fo veto, the location when; you have received this Pone will remain confidential and will box used any for voter registration purposes !f you dachns to register to vote the tact That you so declined will remain conrld6n0'al and will be used only forVokYrogistrafion purposes Pleaca detach Dafore malting _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _., ._ ..._ _ �. _ _ _ _ _ _ _ _ _ _ — — _ _ _ _ _ _ — _ B. Cancel Your Previous Registration in Another County or State pg Ifyou were previously registered la Vote in another county or State, you uvuvevaetnwaacvan n�mWCOrryav na.. na masonalt]ce aru must fill out the information below to cancel your prior registration envier, .'euewvlive Name: Previous Name: Previous Address: Previous Cirystatc/ZIP Code:, County of Previous Residence: Dale of Binh: _/_I Place of Birth:__. Signature: ---] F- u Wrun In the rem;: a Iha ecciwowts (or week) near", 6a whets you uvo. e.vn.,om • Draw in xtwhvnwhare YOUlrve. .1 • Uae a 4, a to snow anY SnNOOk, cnurthas, REm pv »' ,see, ar finer inlmeM nearwhere you - fine Teel ro the name d lhemnareark :asst rN X •OfNr do elrav poinlinp NOnn a.!wi In order to Vote In an Indian, me roan shown below must be poalmerxed or delNnM to the Board of Win,boax no Wier men the 25m day Delete the eleellan IDENTIFICATION FEQUIREUT I yell ab WI hnVa idnaerolltiaid el ieoil4`fvltY nurth+t(afa R}rtaGirglNi form DylnS, 8n]f.OVE hEVN IEnie'1<Olavge!n me Wuny ip Y!iN Yy ve r.6wrryPwelrtg, )Ya IflUil Rn'J, coils Ih! rppli.:Ji2,tiRepspy or ClRenghJ Yi6]pnJly il6nU(W:ILq.gRd WGY ale WIRn IIINfybd, b1rJC Sts ilAentcAll Wrin VoU,::for U& real. \Hnm]nl CdllmtflIaal5n5w$YJbI salsa 8nd fiadaes. Ifyou Ta net Crovi "> 0a almmmivn Icpuea<d]D:ua, Yea uN a<rrquileaoprc ✓re IOloe!eabn aM1cNS colon you vJla for Ins f450me. G. Appueattion 10 t(egister to Vote( Print Information and Sign Bela" Office Lice Only Answer Ani,xi. Ol One Vered Increi afManaa" Vile he TV d ore on or before al"cdon 101 BYla YES NO No ❑New RE ?ISaaoon VRN Filing No. ❑ �. you yeas (- /r$t IIYOUOhxNadNOln rnoonvemeilher of lhmeouavuoex. do extcomWeB rhlelomt ❑change of inrcrmallan Last Name Filet Name MiddlelMaiden Name Suffix Address whine you now live (Number and SucedRoad/Dorm) ApOLot Ciry Count/ Salto NCZIP Code NG Address where you get your mat, 0 different TramAbove (Include ZIP Code) Provlous Name Previous Addicts. it you moved within the some county ApVLo[G'ty State NC ZIP Cado NO Data of Dinh Birthplace(Start) Gondar Telephone Number (Olece)) ❑Malt ❑Female EdmIclty(Any Race) Race I Attest, Under Penalty of Perjury, that: t�Hl:geniCl�filin0 ❑While El Asian I I'boll have been armidael of North Carolina, file county, precinct, mother ❑ Not HispaniNLamo ❑ Duck or African American ola%n dl]frlct for 30 day: before the non election in which l intend to veto. ❑ Alnotiwn Indian or Alaska Nafive ❑Two of More Races ❑Other Zleinigyeamold or will be ai this the oftbe nest general election, as indicated above. Political Party Affiliation ❑ Democrat 9.1 ]m a United Suiev tin :an, as indicated above, ID Number El Republican 4, 1 am not ogiramd to wto not will l vote In any other county at state anal ❑Llbedarien !ir swahi vi c".m, shoe h. ad nuhmieaion of thin voior ragenation form l am canceling any voter regielralion ❑UnaBUiatbd cmuraum"er!an, mceaaL bi that l may have elsowham. ❑Other Qualified ❑Licenes No 5. it i have been convicted of a tarany my righla of oilmen li, have boon restored uyu ra -m NCmw':s�!x cuss oe¢m] pally IHnVE READ AND UNDERSTAND THE CONTENTS OF THIS FGRM. Youmesanacicruu.epuiylcvdc,6 meiKwSxalseaeirYNCV ,r,emeseeChtw Warning: Nri J:nyaem:n vNe¢Irat e:ny ❑SSN(Last 4 Digits) Ir yolwign ibis earl and Nnon It la be false, you soft by conmekd btu Cla]s liefmy. anwura@::W ,ola2WVtia in ns IXimSry.lYW inCCa >a F"IiuccmY AKVRronalCCneR ¢n2u :µcb:Mnert. IAeLa,L- 4eet!iMaic:S:aW eo matt you'wll bl'eiedai'Un"i(dab' 1E]l no ND driver's license 0r 55th SgnaWta, paW: To Mail - Maisfen fold and seat AL 3 DOES EVERY COUNTY COMMISSIONER RACE IN NORTH CAROLINA HAVE TO BE PARTISAN? The short answer to this question is that every county commissioner race in North Carolina does not have to be partisan. The General Assembly can, by local act, authorize a county commissioner election system that is non partisan. However, every county commissioner election system in North Carolina is partisan „ N.C. Gen, Stat. § 163 -1 sets the time of regular and primary elections by reference to a tabulation. That tabulation includes county commissioners. The tabulation also includes district attorneys, members of the House of Representatives of the United States Congress, United States Senators, members of the General Assembly, the Governor, members of the Council of State, Clerks of Superior Court, Registers of Deeds, Sheriffs and "all other county officers to be elected by the people.” Each of the offices in this tabulation is a partisan one Also on this point; the statute prescribing optional structures of boards of commissioners, N.C_, Gen. Stat. § I S3A -58, describes the options in terms of board members being nominated [by a political party) and elected by the voters of the county, Absent from this tabulation are boards of education and city and town elected officials. As you know, many city and town elected officials and boards of education are non partisan. Isg: F: \Lisa \orangecounty \Response to questions raised at May 5 BOCC mtg.doe Chapter 163. 18 Elections and Election Laws. SUBCHAPTER I. TIME OF PRIMARIES AND ELECTIONS. FROM of Primaries and Elections. § 163 -1. Time of regular elections and primaries. (a) Unless otherwise provided by law, elections for the officers listed in the tabulation contained in this section shall be conducted in all election precincts of the territorial units specified in the column headed "Jurisdiction" on the dates indicated in the column headed "Date of Election." Unless otherwise provided by law, officers shall serve for the terms specified in the column headed "Term of Office." (b) On Tuesday next after the first Monday in May preceding each general election to be held in November for the officers referred to in subsection (a) of this section, there shall be held in all election precincts within the territory for which the officers are to be elected a primary election for the purpose of nominating candidates for each political party in the State for those offices, and nonpartisan candidates as to offices elected under the provisions of Article 25 of this Chapter. (c) On Tuesday next after the first Monday in November in the year 1968, and every four years thereafter, or on such days as the Congress of the United States shall direct, an election shall be held in all of the election precincts of the State for the election of electors of President and Vice - President of the United States. The number of electors to be chosen shall be equal to the number of Senators and Representatives in Congress to which this State may be entitled. Presidential electors shall not be nominated by primary election; instead, they shall be nominated in a State convention of each political party as defined in G.S. 163 -96 unless otherwise provided by the plan of organization of the political party; provided, that in the case of a candidate for President of the United States who has qualified to have his name printed on the general election ballot as an unaffiliated candidate under G.S. 163 -122, that candidate shall nominate presidential electors. One presidential elector shall be nominated from each congressional district and two from the state -at- large, and in addition, the State convention of each party and the unaffiliated candidate shall each nominate first and second alternate electors who shall serve if their slate is elected as provided by G.S. 163 -209 and if there is a vacancy as provided by G.S. 163 -210. (d) If primaries for the State Senate or State House of Representatives are temporarily moved from the date provided in subsection (b) of this section for any election year, all primaries shall be held on the same day. OFFICE JURISDICTION DATE OF ELECTION TERM OF OFFICE Governor State Tuesday next after Four years, from the first Monday first day of in November 1968 January next and every four after election years thereafter Lieutenant State Tuesday next after Four years, from Governor the first Monday first day of in November 1968 January next and every four after election years thereafter Secretary of State Tuesday next after Four years, from State the first Monday first day of http: / /www.ncga state. nc.us /EnactedL.egislation/ Statutes /HTMLBySection /Chapter_163 /G... 8/17/2005 Auditor Treasurer Superinten- dent of Public Instruction Attorney General Commissioner of Agriculture Commissioner of Labor Commissioner of Insurance All other State officers whose terms last for four years All other State officers whose terms are not specified State State State State State State State State in November 1968 and every four years thereafter Tuesday next after the first Monday in November 1968 and every four years thereafter Tuesday next after the first Monday in November 1968 and every four years thereafter Tuesday next after the first Monday in November 1968 and every four years thereafter Tuesday next after the first Monday in November 1968 and every four years thereafter Tuesday next after the first Monday in November 1968 and every four years thereafter Tuesday next after the first Monday in November 1968 and every four years thereafter Tuesday next after the first Monday in November 1968 and every four years thereafter Tuesday next after the first Monday in November 1968 and every four years thereafter State Tuesday next after the first Monday in November 1968 and every two years thereafter January next after election Four years, from first day of January next after election Four years, from first day of January next after election Four years; from first day of January next after election Four years, from first day of January next after election Four years, from first day of January next after election Four years, from first day of January next after election Four years, from first day of January next after election Four years, from first day of January next after election Two years, from first day of January next after election m�J http:// www. nega., state.nc.uslEnactedLegislationI Statutes/ HTMLBySectioalChapter_16.3 /G.,. 8/17/2005 by law State Senator Senatorial Tuesday next after Two years district the first Monday in November 1968 and every two years thereafter Member of Representative Tuesday next after Two years State House district the first Monday of Repre- in November 1968 sentatives and every two years thereafter Justices and State At the regular Eight years, Judges of the election for from first day Appellate members of the of'January next Division General Assembly after election immediately preceding the termination of each regular term Judges of the Superior At the regular Eight years, superior Court election for from first day courts District members of the of January next General Assembly after election immediately preceding the termination of each regular term Judges of the District court At the regular Four years, from district district election for the first Monday courts members of the in December next General Assembly after election immediately preceding the termination of each regular term District District At the regular Four years, from Attorney Attorney election for first day of district members of the January next General Assembly after election immmediately preceding the termination of each regular term Members of Congressional Tuesday next after Two years House of district, the first Monday Representa- except as in November 1968 tives of modified by and every two the G.S. 163 -104 years thereafter Congress of the United States United States State At the regular Six years http:// www, ncg a, state.nc.uslEnactedLegislationI Statutes/ HTMLIBySectionIChapter_163 /G.,. 8/17/2005 Senators election immed- iately preceding the termination of each regular term County County At the regular Two years, from commissioners election for the first members of the Monday in General Assembly December next immediately preceding after election the termination of each regular term Clerk of County At the regular Four years, from superior election for the first court members of the Monday in General Assembly December next immediately preceding after election the termination of each regular term Register of County At the regular Four years, from deeds election for the first members of the Monday in General Assembly December next immediately after election preceding the termination of each regular term Sheriff County At the regular Four years, from election for the first members of the Monday in General Assembly December next immediately after election preceding the termination of each regular term Coroner County At the regular Four years, from election for the first members of the Monday in General Assembly December next immediately after election preceding the termination of a regular term County County Tuesday next after Two years, from treasurer the first Monday the first (in in November 1968 Monday in counties in and every two December next which years thereafter after election elected) All other County Tuesday next after Two years, from ai http: /hvww. ncga. state.nc,uslEnactedLegislationI Statutes lHTMLIBySectionIChapter_163 /G.. 8/17/3005 county the first Monday the first as officers to in November 1968 Monday in be elected and every two December next by the years thereafter after election people (Const., art, 4, s. 24; 1901, c, 89, ss. 1, 2, 3, 4, 73, 74, 77; Rev., ss. 4293, 4294, 4296, 4297, 4298, 4299; 1915, c. 101, s. 1; 1917, c. 218; C.S., ss. 5914, 5915, 5917, 5918, 5919, 5920, 6018; 1935, c. 362; 1939, c. 196; 1943, c. 134, s. 4; 1947, c. 505, s, 1; 1951, c, 1009, s. 2; 1953, c. 1191, s. 1; 1967; c. 775, s. 1; cc. 1264, 1271; 1969, c. 44, s. 80; 1971, c. 170; 1973, c. 793, s. 93; 1977, c. 265, s. 1; c. 661, s. l; 1991 (Reg. Sess., 1992), c. 782, s.. 1; 199' ) (Reg. Sess., 1994), c. 738, s. 2; 1996, 2nd Ex. Sess,, c.. 9, s. 2; 2003 -434, 1st Ex. Sess,, s. 6; 2004 -127, s. 12.) http: / /www.ncga, state.nc.usfEnactedLegislation/ Statutes /HTMLBySection/Chapter_163 /G... 8/17/2005 Part 4. Modification in the Structure of the Board of Commissioners. a 3 § 153A -58. Optional structures. A county may alter the structure of its board of commissioners by adopting one or any 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 apportiomnent 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.) http: / /www.nega. state .nc.,us /EnactedL.egislation/ Statutes lHTML,lBySectionIChapter_153AI. .,. 8 /17/2005 § 153A -60. Initiation of alterations by resolution. 0 The board of commissioners shall initiate any alteration in the structure of the board by adopting a resolution. The resolution shall: (1) Briefly but completely describe the proposed alterations; (2) Prescribe the manner of transition from the existing structure to the altered structure; (3) Define the electoral districts, if any, and apportion the members among the districts; (4) Call a special referendum on the question of adoption of the alterations. The referendum shall be held and conducted by the county board of elections. The referendum may be held at the same time as any other state, county or municipal primary, election, special election or referendum, or on any date set by the board of county commissioners, provided, that such referendum shall not be held within the period of time beginning 60 days before and ending 60 days after any other primary, election, special election or referendum held in the county. Upon its adoption, the resolution shall be published in full. (1927, c. 91, s. 4; 1969, c. 717, s. 1; 1973, c. 822, s. 1; 1977, c. 382) http: / /www.ncga. state.ne.uslhnactedLegislationI Statutes lHTML,lBySectionIChapter_ 153A /... 8/17/2005 iale.,J q as METHOD OF ELECTION OF COUNTY COMMISSIONERS COUNTIES FOR POPULATION /CONCENTRATION COMPARISON WITH ORANGE COUNTY Based on a Board of County Commissioners' request relating to the method of election for county commissioners, staff conducted a review of the 2003 certified populations, and the concentration of those populations, for the other 99 counties in North Carolina to determine which counties had both similar population numbers to Orange County AND a significant population concentration in one portion of the county as is the case in Orange County. For comparison to Orange County and its population of approximately 120,881, staff first established a minimum threshold population of 85,000 and a maximum population of 155,000 (35,000 below and above Orange County's estimated population). Secondly, staff established a minimum population concentration percentage in a specific area of a county at 40 %. This compares to the approximate 67% population concentration in southeastern Orange County. The resulting counties with estimated populations between 85,000 and 155,000 AND with a population concentration in one portion of the county of 40% or greater are listed below County 2003 Population Concentration Number of Method of Election Estimated Percentage of Total County Commissioners Population Population Orange 120,881 67% 5 Pare At -Large (Chapel Hill/Carrboro Area) Alamance 136,372 433% 5 Pure At -Large (Burlington/Graham Area) Cabarrus 143,433 69.5% 5 Pure At -Large (Concord/Kannapolis Area) Catawba 146,458 40.2% 5 Pure At -Large (Hickory/Newton/Conover Area) Nash 89,626 419% 7 Pure District (Rocky Mount Area) Pitt 139,007 473% 9 Pure District (Greenville Area) TASK FORCE ON THE PROCESS FOMINUTES 0 R ELECTING COUNTY COMMISSIONERS JULY 8, 1993 The Task Force on the Process for Electing County Commissioners met in regular session on July 8, 200 S. Cameron Street, Hillsborough, North Carolina. 1993 in the Government Services Center-, MEMBERS PRESENT: Chair Keith Cook and members Sharon Worthington, Mulkey, Robert Ferguson, Richard Hammer, Gloria Williams and Linda Carver. g Patrick Rachel Lynch-Gaya, STAFF PRESENT: County Manager John M. Link, Jr., and Clerk to the Board Beverly A. Blythe. The meeting was called to order at 7:20 p.m. by Chair Keith Cook. He indicated they would address both the second and third part of their charge and decide on the contents of a report that will be presented to the Board of County Commissioners at their regular meeting scheduled for August 4, 1993. Keith Cook asked that there be no applauding and no passing members of this task force govern themselves accordingly. members of the task force notes and that important for this task force to rule anumber seven. g ye He asked that the He emphasized that it is has to say. y and respect what each other A motion was made by Gloria Williams, seconded by Keith Cook, to approve the minutes of the June 30, 1993 meeting as corrected. The task force discussed doing a telephone or a newspaper survey and Keith Cook reminded the group that they have already voted. Patrick Mulkey suggested that this be a recommendation to the Board of County Commissioners. TO WHOM IS THE SYSTEM UNFAIR? Discussion ensued on why the current system of electin Commissioners is inequitable. Bob Ferguson feels that the rural County is not represented and 5 County rural area. he would like to have one person represent the He noted that the rural part of the county has 28% registered voters. Linda Carver asked how the needs the urban area. of the rural area differ from those in Bob Ferguson stated that those who live in the rural area live on more than one acre, have their own water and sewer systems, recycle and use boxes for their trash. He mentioned the airport issue and noted that because all the county co green in the urban area, a family farm and �its Will ebe the esame for he landfill they The not care to take County Commissioners will do whatever they want in the rural area. They of to the people but they already have their minds made up on what they want to do. y listen Patrick Mulkey feels that the County Commissioners do not always understand the rural d� represented, there would be different If viewpoints. t parts of the Count Y were Gloria Williamson feels that rural representation is not representation but is an issue of unfairness to republicans a matter of or independents, or� farmers and why lacks, or democrats, or y is it unfair. person's Richard value and not because a where People have said they vote because and the rural area Y live. Chapel Hill of a communit is more conservative. Chapel Hill is n more liberal Y. The people in the rural area are more t not a typical urban area. Chapel Hill is in a political area of orange C unt those using the County to implement their ver in the are he Personally progressive government standards which y does not want. BOB Ferguson feels that another example of inequity would be the bond issue which just passed with most of it going to explained how the bond issue was fair. Be feels it was voted down northern Orange Count g g Chapel Hill. Keith Cook County because the people did not understand the division ofnfunds. Linda Carver feels that a representative from the rural area could have explained the division of bond funds to the rural residents so that the understand it. y could Patrick Mulkey feels that a public hearing is not the best communicating information to citizens. Citizens feel things are trying to be slipped through. means of who live g The County Commissioners are not getting feedback from those in the northern end of the County. There are balances because of the lack of diversity. no good checks and Keith Cook restated that what has been said is that there is a change the system because the perception is bad and those in the rural area is need to and two needed. He has Personally mtalked mwithchis ochurch other church groups and other citizens in the rural area who feel disenfranchised. What can be said is that the system is parts of the rural area. do not Y unfair to some Patrick Mulkey stated that there is a broad spectrum op diversity, probably more than 280. supporting evidence Gloria Williamson feels thepelisical for this statement. no In response to comments made on the charge and the fairness Cook agreed that there is a perception in both the southern and northern of the Count issue, Keith and what needs to the system is unfair because they hear that it is unfair, system should be °changed because of the r is unfair. He educate the perception or should the cooun a t the people. y try to Linda Carver feels that fairness can only come from someone speaking on behalf of those who live in the rural area. Gloria Williams suggested taking a year to educate the citizens. She .eels that it can not be said it is unfair and be objective. Richard Ha 98 the vote mmer stated that the election results show that Chapel in orange County. P Hill has Keith Cook pointed out that because someone loses the mean that the system is unfair. election does not Bob Ferguson made reference to the past election results and stated that these results indicate that there are a lot Of people who are not represented. Sharon Worthington stated that as a representative of NOW that there is diversity in the County and that having is not diverse. she appreciates g everyone from one area Rachel Lynch -Gaya stated that if the to the conservatives, maybe the system could be changed so or an group feels that the system is unfair independent could be elected. g that a conservative does not mean that a person elected from northerntOrange dversit northern Orange Count Y is good but it represented b y' There are some rural county would represent northern Orangeaeveneif they from Chapel Hill instead eof aoconserdvativeefrom y live in northern orange County. Keith Cook asked if they want to need to be made in the baron Worthington stated is that the Board perception. are changes that 90 on record there needs to be °f County Commissioners are coming that the a definitive g from one basic trend people reside. effort of spreading the representation and presentation of where Richard Hammer feels the County Commissioners Philosophy. He questioned the fairness of 600 of the of the vote. are all of the same people should have 1000 Keith Cook asked if the issue is geographical or philosophical. Linda Carver feels everyone should have their sa and some feel they are not part of the process. Y - The County is split Bob Ferguson feels Commissioners who that some people have their point of views willing to listen to what the no one on the if it is Y have to County to seven there would different. He feels that if the Board is expanded and someone to would be a better chance of having someone P get his point of view to the others. who thinks like him Keith Cook restated that there is a problem and that there is a perception in the rural community that people that feel the The County Commissioners Linda Carver Y are not represented. feels that it is important to determine if it accordingly. If it is real, then maybe a change s necessary but if is �r perception and deal with it a reality it is a perception then they need to work on that, DDRESSING THE PROBLEM lecti Keith asked for two recommendations on how to fix the ng County Commissioners. current system of a9 Richard Hammer suggested proportional representation which complicated to implement but one which he feels is best. still dominate but a minority s more y could get one or two seats on he Boardll would Patrick Mulkey suggested district representation using residential districts. only those in the residential district would vote for those from that district in the primary and everyone would vote in the general election. If the Board was expanded to seven, the representation would still be at large. This is legal under the Home Rule and implemented by the Board of County Commissioners. Richard Hammer expressed a concern that the winner will be voted in by Chapel Hill and that a person could be found in any community way Chapel Hill thinks and therefore not think the same wa feels the Count that thinks the County Commissioners will argue that this would Y he thinks. He of someone who would only represent a special interest. promote the election Bob Ferguson suggested cumulative vote. He does feel the Board needs to be expanded to seven members. There would then be minority person to be elected with minority meanie view different an opportunity for a from those on the Board as it currently person with a point of Linda ..Carver suggested stands. Perception and include aecouple of ways they may want uto look at and is information on other counties who use this t this type of electing give them g their officials. Keith Cook asked to go on record that he does not favor representation or district representation. or the present system. proportional Y He is in favor of increasing the size roftthe Board to seven members -- five from residential districts and two at large. that providing residential districts will encourage people to represent their area. He feels g He feels county instead of representing that individuals be accountable to the entire 'their own area and not the entire county. Mr. Mortimer' pointed out Chapel Hill township would be was a liberal and conservative get elected. Gloria Williamson stated there is no way of knowing how that residential districts would still main h electing the people in the districts and Chapel Hill votes liberal, that If there s who would that that possibility is a perception because people will vote. Robert Ferguson reiterated that the election figures and the bond issue prove that this is a fact. Chapel Hill votes a certain point of view. would like to have a system whereby out of seven Commissioner, there would be He Point of view. g at least one from the rural area with a different feel disenfranchised approving would still method presented by Patrick Mulkey, way they do. not have anyone on the Board who thinks the Linda Carver expressed a concern about proportional votin vould work over time. g and how it Patrick Mulkey feels proportional voting is much too complicated for the 90 voter to understand and that it cannot be implemented with the present voting machines or the ones the County will be getting. They would have to return to paper ballots which would be extremely difficult for the counters. There would be less people voting and a lot of problems for the counters. Bob Ferguson feels the easiest and simplest would be cumulative voting. You have so many votes and can pick and choose on how to spend those votes. It could be used with the present voting machines. Mr. Mortimer made reference to an exit pole for cumulative voting whereby 90% of the people participating filled out the ballots correctly. the company that makes voting machines and they feel that software can be developed to read the ballots for cumulative voting. He called Bob Ferguson commented that it would be costly to develop the software and that they should be responsible for not spending additional taxpayers money and suggest something that can be used with the present voting machines. Gloria Williamson proportional voting. stated for the record that she cannot support A motion was made by Bob Ferguson, seconded by Patrick Mulkey to .recommend to the County Board of Commissioners that the Board be expanded to seven members and that the two favored methods of election would be cumulative voting and a combination of district and at large. This motion was amended b Hammer to clarify residential districts with five from residential districts and two at large. y Richard VOTE: UNANIMOUS It was clarified that people would be nominated from within the district and voting would take place in the district in the primary and then the winners would be placed on the ballot and voted on at large by all the voters in the County. Keith Cook indicated that he will give this report at the August 4th meeting. Copies of these minutes and a copy of the report will be sent to all members of this Task Force prior to that meeting. He invited all members to attend the meeting to help answer any questions the Board members may have. The members thanked Kathy Baker for providing staff support committee. Keith Cook thanked all the members of the Task Force stating they should all feel for this to the Board of Commissionersuthat athis sTask nForce mwillhbe additional lwork aas requested by the Board. With no further business to come before this Board, Keith Cook adjourned the meeting. Respectfully submitted, Beverly A. Blythe Keith Cook, Chair MINUTES TASK FORCE ON THE PROCESS FOR ELECTING JUNE 30, 1993 31 COUNTY COMMISSIONERS The Task Force on the Process for Electing County Commissioners met in regular session on June 30, 1993 in the Government Services Center, 200 S. Cameron Street, Hillsborough, North Carolina. MEAiBERS PRESENT: Chair Keith Cook, and Members Sharon Worthington, Patrick Mulkey, Robert Ferguson, Richard Hammer, Gloria Williams, Rachel Lynch -Gaya, and Linda Carver. STAFF._PRE$ENT_ John Link, Jr., County Manager; Kathleen Baker, Deputy Clerk to the Board. The meeting was called to order at 7:15 p.m. by Chair Keith Cook. He stated that an attempt would be made to conclude the task of this group before the meeting was adjourned, however, it that is not possible, the County Commissioners will be asked to extend the life of this Task Force in order for the issue to be considered further. MINUTES: A motion was made by Linda Carver, seconded by Rachel Lynch -Gaya, to approve the minutes of the June 2, 1993 meeting, as corrected. VOTE: UNANIMOUS A motion was made by Linda Carver, seconded by Rachel Lynch -Gaya, to approve the minutes of the June 16, 1993 meeting, as circulated. VOTE: UNANIMOUS A motion was made by Linda Carver, seconded by Rachel Lynch -Gaya, to approve the minutes of the June 17, 1993 meeting, as circulated. VOTE: UNANIMOUS The breakdown of citizens who responded to the survey which was undertaken at Hog Day, the Farmers Market as well as those who spoke at the two Public Hearings follows: SUPPORT CURRENT SYSTEM: 18 CURRENT SYSTEM UNFAIR: 153 A lengthy discussion ensued during which the following comments were made: Joe Ferrell, who is with the Institute of Government, indicated that the chart which compared number of Commissioners to size of County was of no particular significance in relation to the question of fairness. Most of the Boards who have enlarged their Boards have done so to increase minority representation, not because of the size of the population in the county. In some 3a cases, the increase was a result of current or impending Justice Department review, in other cases it was not. Keith Cook indicated that at every level of local County government, on every elected Board, at least one African - American is represented. Patrick Mulkey stated that he believed the rural citizens are not being fairly represented. The African - Americans are being represented in elected office, however, there are other groups who do not feel that they have the same opportunity to hold office. Keith Cool: stated that, only within the last several years have all of the Board of Commissioners resided in Chapel Hill Township. The rural candidates have often held elected office in Orange County. Presenting a qualified candidate who is well versed in all local issues and citizens working together toward that candidates election is the issue. He commented on how disheartening it has been to try organizing Cedar Grove Township. Meetings are often held and very few residents make the time to attend. Citizens need to do their part in making the system work for them. Patrick Mulkey indicated that he polled two former County Commissioners both of whom indicate that they felt the current system was unfair and recommended district representation. A citizen commented to him that the current system discourages candidates from entering the race. Gloria Williams indicated that it is important to her that we know what the citizens want. The 200 citizens who have been polled to date need to be responded to, however, there are tens of thousands of voters in Orange County who have not responded to this question. Making changes in the system because of 200 citizens is irresponsible. In response to a question about fairness, Joe Ferrell commented that the system is legal or it would not be in existence here. If a new system is created, it will also need to follow the law and the one - person, one -vote rule. He explained the term Home Rule. This was enacted to provide county citizens with the ability to change the form of local Government without going to the Legislature in an attempt to return power to local government. Due to the fact that County election are always partisan Home Rule must be initiated by the Board of County Commissioners. This was intended to keep voters from continually changing the structure of local government.. He indicated that the Legislature has become less willing to become embroiled in controversial local issues. The Home Rule Act allows communities involved in a controversy over the form of local eovernment to deal with the issue without involvina the Legislature. Lee Mortimer, with the Center for Voting and Democracy, stated that the Voting Rights Act was passed because the system was not fair to 33 minorities. The criteria for the Voting Rights Act is "can the minorities elect the candidates they present without the majority of the community continually overriding their votes ?" The citizens of rural Orange County do not have the right to go to the Courts in order to receive representation, however, the same issue of fairness applies to them on a moral level. Keith Cook commented that there is not a systematic effort to disenfranchise anyone in this community. Rural candidates have been elected. They have the opportunity to run a campaign, present their views and become elected. Linda Carver stated that 28% of Orange County residents live in rural Orange County, and would take 34% of the vote to win when 3 Commissioners are tip to reelection and 50% when only two are running. Keith Cook stated that he and many other Orange County citizens vote for candidates who represent their views not their residency. If there is a perception of unfairness, do you change the system, or attempt to change the perception through education. Patrick Mulkey indicated there is a way- to make the system more fair. He hoped that we would look beyond the issues of color and gender in defining the term minority. Keith Cook indicated that the system is not unfair if everyone has a chance to vote and to run for office. A motion was made by Patrick Mulkey, seconded by Richard Hammer, to declare the present system unfair and proceed to the nett. issue. A friendly amendment was made to the motion as follows: A motion was made to state that the present system of electing County Commissioners is unfair and inequitable in representing the citizens of Orange County. Another amendment was made as follows: A motion was made that the present process for electing County Commissioners provides legally fair representation to the citizens of Orange County but needs to be made more fair. Patrick Mulkey withdrew his motion so that another motion could be made. A motion was made by Robert Ferguson, seconded by Patrick Mulkey, that the present system does not provide for equitable representation for all citizens in the county. VOTE: YES - Hammer, Ferguson, Mulkey, Carver, Worthington NO - Lynch -Gaya, Williams, Cook It was decided that Mr. Ferrell will be invited to return and address this group after a decision is reached regarding a proposal for changing the present system of electing County Commissioners. D-I Keith Cook stated that they nett step is to decide to whom this system is unfair. Gloria Williams again stated that more citizens in the community need to be polled before changes are made. A telephone or a newspaper survey- was mentioned as a possible way of reaching large numbers of citizens. There being no further business, the meeting was adjourned. The next meeting of this Task Force will be held on Thursday, July 8, 1993 at 7:00 p.m. in the Government Services Center, 200 South Cameron Street, Hillsborough, North Carolina. Keith Cook, Chair Respectfully submitted, Kathleen Baker, Deputy Clerk 3s MINUTES TASK FORCE ON THE ELECTION PROCESS JUNE 17, 1993 The Public Hearing to solicit citizen comment on this issue was held on June 17, 1993, at 7:00 p.m. in the new County Courthouse, Superior Court Room, Hillsborough, North Carolina. MEMBERS PRESENT: Chair Keith Cook, and members Gloria Williams, Rachel Lynch -Gaya, Sharon Worthington, Linda Carver, Robert Ferguson, Richard Hammer and Patrick Mulkey. STAFF PRESENT: Kathleen Baker, Deputy Clerk The meeting was called to order by Chair Cook. He welcomed the citizens in the audience and articulated the Charge given to this Task Force by the Board of County Commissioners. They are charged with determining if the current process is fair or unfair, and if it is unfair, to whom is it unfair. Each member of the Task Force introduced themselves and which organizations they were representing on the Task Force. THE PUBLIC HEARING WAS OPENED FOR CITIZEN COMMENT: Earl Davis stated that he is an Orange County citizen and he does not feel represented by the current Board of Commissioners. A feeling of "us" vs. "them" exists between Chapel Hill /Carrboro and the rural Orange County citizens. The citizens of northern Orange County will never feel fairly represented in an election under the present system. Madeline Levine asked that the Task Force carefully consider this issue and that they take enough time to do a thorough job. George Chockly, a resident of Cedar Grove, stated that he is tired of coming to the Courthouse to fight for his rights. He stated that there are residents throughout the county who do not feel represented. He has been in the courthouse when it was packed with rural people voicing opposition to action that the Commissioners want to take. The farmers need to be represented on the Board. Armetta McPherson, a Hillsborough resident, indicated that she has lived here all her life and believes that residency is not the primary issue. She votes for the ideology, not the residency, of the candidate. She feels that she has the opportunity to be fairly represented under the current system. Madeline Levine, a rural Chapel Hill Township resident, suggested that the Task Force enter into dialogue with citizens. A meeting specifically for this purpose could be held. Mark Marcoplos indicated that the Courtroom was filled for meetings on this issue last year. Citizens thought they were coming to a 3(0 2 Public Hearing only to discover that it was an information meeting on the election process. People left feeling disappointed. He stated that fair representation, even if it costs money to implement, is a wise investment. The Board of Commissioners must be paid more money so that working class people could afford to run for office. He warned against the system which would require residency in a certain district but allow countywide voting. It. would be a waste of time to go through this process, change the current system, and not actually solve the problem. Steve Levine asked the Task Force to consider their Charge carefully. It will be impossible to fulfill the Charge without thoroughly researching other systems. Robert Strayhorn, of Chapel Hill Township and an Orange County farmer, asked that this Task Force consider that they have an opportunity to improve the way that people feel about local government. Township residency requirements would make government more responsive to all of its citizens. A Commissioner living in a rural district would hear about issues through local church and civic memberships as well as in their daily activities. The people who live in the rural part of the community- need to feel represented. An unidentified citizen commented that the Commissioners seem to vote with the majority of the people and those people live in the Chapel Hill /Carrboro community. Lee Mortimer, a Durham County resident and employee of the Center for Voting and Democracy, indicated that the rural citizens of Orange County have a legitimate concern. He pointed out that there are many local communities in North Carolina where the conservative vote dominates. If Orange County takes the lead here by establishing a more equitable method of representation, it will set a precedent for other communities to use. Patrick Mulkey asked for members of the audience to raise their hands if they felt that the present system was not fair. Most of the audience indicated that they did feel that it was unfair. Mr. Chockly stated that many of the citizens who feel unrepresented are farmers and they are still in their fields. They do not feel that it is worth their time to leave their work and come to a meeting. Iseith Cook stated that as a resident of Cedar Grove he has noticed a lack of organization and community involvement with local government.. It is citizens responsibility to inform the Commissioners about issues that are important to them. It takes a time commitment to become organized and use the system. Robert Ferguson indicated that he felt frustrated by the lack of 37 3 attendance at both of the Public Hearings on this issue. This Task Force needs documentation and that has not yet happened. He asked for suggestions of better ways to reach the citizens. It was suggested that conducting a survey at Hog Day, and /or a newspaper or telephone survey, would be more effective than asking people to come to meetings. In response to a question from Steven Levine, Linda Carver indicated that the Task Force would have an expert in local elections address them at their June 30th meeting and study the current and alternative voting methods. Earl Davis stated that he and one other person collected 700 signatures at last year's Hog Day celebration requesting district representation. Lee Mortimer asked that statistics be requested from the Board of Elections showing what percentage of eligible voters actually voted for their Commissioners during the last. election. The results would be sobering. However, those same statistics for the previous election (when a Presidential candidate was not being elected) would show even less involvement. Warren Ray, of Bingham Township, commented that most people were not aware that this meeting was being held. More notice needs to be given to citizens to encourage their participation. The meeting was adjourned. The next meeting of this Task Force will be held on June 30, 1993 at 7:00 p.m. in the Government Services Center, Hillsborough, North Carolina. Respectfully submitted, Aathleen Baker, Deputy Clerk 3g 1 MINUTES TASK FORCE ON THE PROCESS FOR ELECTING COUNTY COMMISSIONERS JUNE 16, 1993 The Public Hearing to solicit citizen comment on this issue was held on June 16, 1993 at 7:00 p.m. in the Auditorium of the Guy B. Phillips Jr. High School, Chapel Hill, North Carolina. MEMBERS PRESENT: Chair Keith Cook, and members Sharon Worthington, Patrick Mulkey, Robert Ferguson, Richard Hammer, Gloria Williams, Rachel Lynch - Gaya, and Linda Carver. STAFF PRESENT: Kathleen Baker, Deputy Clerk to the Board. The meeting was called to order by Chair Cook. He welcomed the citizens in the audience and articulated the Charge given to this Task Force by the Board of County Commissioners. They are charged with determining if the current process is fair or unfair, and if it is unfair, to whom is it unfair. Each member of the Task Force introduced themselves and indicated which organizations they were representing on the Task Force. THE PUBLIC HEARING WAS OPENED FOR CITIZEN COMMENT Steve Levine, of 5001 White Horse Road, Chapel Hill Township, indicated that this is a critical issue in the democratic process. Task Force members have a very responsible position. He felt that it was irresponsible to force the Task Force to resolve this issue by the end of the month. He asked that they request more time to complete their Charge. He believes that the figures show that the current system does not fairly represent rural citizens, females or African - Americans. He mentioned that although he is a liberal Democratic, this issue is broader than Democrat /Republican or rural /urban. The current system has been in place for 40 years and does not adequately represent everyone in the county. He strongly supports expanding the Board and changing the system to ensure that all minorities be represented. Keith Cook pointed out that the Task Force is charged with determining whether or not the system is fair and equitable. If it is not, the next task is to determine to whom is it unfair. If a large number of people say that they do not feel represented under the current process, the next step will be to determine what kind of a system would guarantee that representation. Lightning Brown, of Chapel Hill Township, submitted remarks given to the County Commissioners last September. He stated that he believes there is a problem and that the proposed districting system would not serve the county in terms of giving the best representation. He distributed a handout. He mentioned that the 0 2 Census breaks the county down into four categories depending on how urban or rural they are. He indicated that 60% of the population live within the 2 urban areas and 40% are in the 2 rural categories. If rural districting was established it would probably disadvantage non -white citizens because they are a lower proportions of the rural population in the county. He also stated that Orange County ranks 84 out of 100 in proportion of voters to the number of Commissioners on the Board. Orange County is the largest county in North Carolina that doesn't have processes in place to provide equitable representation for all its citizens. All of the larger counties have done something. The simplest solution is to expand the number of County Commissioners. His experiences as a voter registrar indicate that the more complicated the system, the harder it will be for the voter. He explained "focus voting ". i.e. there are three seats open and voters have only two votes. The overreaching influence of any one area of the county results in citizens not feeling represented. Gloria Williams asked where Orange County ranks in size compared to the other Counties. Mr. Brown indicated that it is in the top third by population. Mark Marcoplos, of Bingham Township, stated that his experiences in getting on the ballot as an Independent candidate convinced him that people do want a change in representation. He reminded the Task Force that they serve the citizens of Orange County and not the Board of Commissioners. He commented that this is a Democratic Party issue. This is tied to straight party voting. There are assumptions being made. For instance, why does this need to be kept out of the election. Why is that important? He rejected this argument. Another assumption he mentioned was that district representation would cause gridlock. He challenged that assumption. He asked the Task Force members to go to a newspaper editor in one of the counties where a district system is being used and ask if the district system has proved divisive. The assumption that the present system assures African - American representation has not been proved to his satisfaction. How does it assure that? He also challenged the assumption that this is solely a northern issue. Many people in Chapel Hill voted for him. Party affiliation is not that important in this issue. The Board must be enlarged. The process must be expanded. Patrick Mulkey mentioned that the Task Force has discussed the time line and will request more time if necessary. Henry Suhr, a resident of Chapel Hill Township, thanked the Task Fore for their willingness to serve their community. He indicated that he is personally satisfied that his views are represented on the Board of County Commissioners; however, there is no assurance that this will continue. Also, the rural portion of the county does not seem to be properly represented. Changes need to be made to ensure that the system will continue to represent all the 3 citizens. This is a complicated issue with many possible solutions. He stated that the Task Force needs more time to come to a recommendation. Lee Mortimer, a Durham County resident and a member of the Center for Voting and Democracy indicated that the Center supports communities as they study their voting process. He commented that Proportional Representation is the system that is recommended by his organization. Typically it is racial minorities and women who feel unrepresented; however, in Orange County it is rural citizens and the conservatives. He suggested "limited voting" as a solution to Orange County's situation. Bladen, Buford and Martin counties are all using this system. He has mailed a packet of material to each member of the Task Force and he asked that it be studied carefully. He commented that adequate representation of the many diverse constituencies requires efficiency and fairness. He suggested that the Task Force contact one or more of the experts in the field for more information. Betty Ibrahim, a Chapel Hill Township resident and Chair of the Orange County Republican Party, addressed the issues of the rural citizens. Although she lives in Orange County, she owns a farm in another county and understands the issues of rural citizens. She believes there is a perception that the policies of the County Commissioners are not in the best interest of the rural citizens. The representation she is interested in is ideological. This diversity would add to the debates. Orange County has become increasingly expensive because of a lack of conservation influence on the Board of Commissioners. Lower income residents are being driven out of the county. She stated that she believes that the policies of the current Board of Commissioners favors the higher income resident. Helen Urkhardt, a Chapel Hill Township resident, stated that if the Board of County Commissioners is going to represent the entire county, a new system must be established. The Task Force needs time to study the population distribution in the 7 townships and to study the different voting systems. She also stated that an elected County Manager is an option which needs to be considered. The Task Force needs to consider the tyranny of the majority and understand what minority representation is all about.. This Task Force is in a position to unite Orange County if adequate time is given to studying the issues. Kathleen Levine, a rural Chapel Hill Township resident indicated that for most of her 20 years in Chapel Hill she felt represented. It. was when she moved to rural Chapel Hill Township that she realized many other residents did not have that same feeling of representation. The airport issue caused her to tall: to many people and she realized that many rural citizens feel disenfranchised. There are many possible solutions to this dilemma. She suggested that the Task Force take whatever time is necessary 4 to study this issue. Dan Coleman, a Chapel Hill Township resident, thanked the Task Force members for their willingness to serve. He stated that he is a member of the Electoral Action Group of the US Green Party Platform. As a result of his membership, he has become quite knowledgeable on this issue. In looking at the issue of fair representation there are limits to how much information can be gathered at Public Hearings. Many people may be concerned but not willing to come to a Public Hearing. He suggested that Hog Day would be a perfect opportunity to gather information from citizens. Dennis Gavin, a Chapel Hill resident and business owner, commented that looking at how elections are handled once every 40 years is certainly not too often. He stated that it seems unfair and cynical to have all 5 Commissioners residing in Chapel Hill Township in a County this large. Joel Sipress, a member of the History Department at UNC and a Carrboro resident, stated that it was only in the early 1900's that a move toward at. -large representation stated. The impetus of this move was to reduce the political influence of working class people. At the same time, the State of North Carolina was instituting literacy requirements to further limit voting rights. He believes that Orange County has a number of groups who historically have felt disenfranchised. The most recent of those groups are the rural citizens. Eliminating our at -large system would guarantee that rural citizens were represented. The Board of Commissioners needs additional members and they need to represent districts. Many people who are advocating this proposal are conservative and Republican and they happen to be right. Of all the forms of representation that exist, the current one is the most undemocratic and least responsive. The single district representation which requires candidates to be elected by the citizens in their district would more fairly represent the citizens of those districts. Keith Cook indicated that he believes that the Task Force needs to make an attempt to complete the .job in the time given. If it is not possible, he will go to the Board and let them know that more time will be required. The Public Hearing was adjourned. The next meeting of this Task Force will be held on June 17, 1993 at 7:00 p.m. in the new County Courthouse, Superior Court Room, Hillsborough, North Carolina. Respectfully submitted, Kathleen Baker, Deputy Clerk 1 MINUTES TASK FORCE ON THE PROCESS FOR ELECTING COUNTY COMMISSIONERS JUNE 2, 1993 The Task Force on the Process for Electing County Commissioners met for their organizational meeting on Tuesday, June 2, 1993 at 6:15 p.m. in the Government Services Center, Hillsborough, N.C. MEMBERS PRESENT: Keith Cook, Richard Hammer, Patrick Mulkey, Rachel Lynch -Gaya, Linda Carver, and Gloria Williams COMMISSIONERS PRESENT: Moses Carey, Jr. STAFF_ PRESENT:_ County Manager John Link, Deputy Clerk Kathy Baker. Commissioner Carey called the meeting to order. He indicated that last year the Board of Commissioners committed to a goal of discussing and gathering public comment on the fairness and /or unfairness of the current process for electing county Commissioners. If this Task Force determines that it is in some way unfair, they need to answer the following questions. In what way is it unfair and to whom is it unfair? The County Commissioners have charged this Task Force with addressing these questions and making a recommendation to the Board of Commissioners. The Commissioners are committed to this review process. It is important to seriously consider the question of fairness. The Justice Department is currently scrutinizing the election process of other North Carolina counties because of apparent racial discrimination in the election process. If this group feels that the issue has merit, public comment needs to be gathered. He asked that the Task Force make every effort possible to adhere to the June 30th completion date. John Link and Commissioner Carey left to attend the Board of Commissioners meeting. Commissioner Carey turned the meeting over to Keith Cook to Chair the remainder of the meeting. In response to a question from Patrick Mulkey, Commissioner Carey indicated that if the Task Force requested that more time be made available to them to complete their final report, the Board of Commissioners would be willing to favorably consider that request. The following Public Hearing dates were selected: Wed June 16 7:00 pm @ Guy B. Phillips Jr. High School Chapel Hill Thurs June 17 7:00 pm @ New County Court House Superior Court Room, Hillsborough 9 2 These Public Hearings will be advertised through paid advertisements and press releases. This Task Force will also meet on Wednesday, June 30th @ 7:00 p.m. in the Government Services Center, Hillsborough to hear a report from Joe Ferrell with the Institute of Government. Mr. Ferrell will discuss the election process from a legal perspective as well as report on different election processes being used in North Carolina. A recommendation to the County Commissioners will be completed at that meeting if possible. If that is not possible, one additional meeting will be held. Members were asked to comment on their personal opinion of the fairness or unfairness of the current process. Their comments follow: Gloria Williams stated that she believes every citizen does have the opportunity to participate equally in the process. She mentioned the precinct meeting as one option for involvement. She indicated that she supports the present system. Linda Carter commented that she is aware of the perception held by some Orange County citizens that County Commissioners frequently have resided in Chapel Hill. She indicated that she might be in favor of requiring that at least one position be dedicated to represent the 300 of Orange County residents who live outside of Chapel Hill Township. Patricia Mulkey commented that during 25 of the last 39 years three or more County Commissioners have resided within Chapel Hill Township. He indicated that he felt the current system was unfair. Rachel Lynch -Gaya indicated that she needed to give more thought to the issue. As a resident of Northern Orange, she has heard comments over the years about citizens not feeling represented. Although residents of Northern Orange vote, many of them feel that their candidate doesn't have a chance to win. Richard Hammer indicated that as a member of the Republican Party he does not feel represented. He indicated that many others feel as he does. Gloria Williams commented that using Districts could cause citizens to become complacent. Representing the entire county means that you must be responsive to the entire community. A point of clarification was made. It is possible to require residency from a certain Township and then have the candidate elected by County as a whole. Keith Cook indicated that he believes there is a perception by some that they are not represented by the current system. His personal opinion is that the current system is the fairest that we 3 have available to us. People need to learn how to use the system. Mr. Cook mentioned that this Task Force is charged with listening carefully to Grange County residents during the hearings and in discussions prior to the hearings. He asked that Task Force members arrive at the Public Hearing between 6:30 and 6:45 in order to go over groundrules. Mr. Hammer commented that he understood the need to gather information from citizens, but he also felt that each members personal experience and opinion need to be taken into account in the final report. There being no further business the meeting was adjourned. The next meeting of the Task Force will be on Wednesday, June 16, 1993 at 7:00 in the Auditorium of Guy B. Phillips Jr. High School Respectfully submitted, Kathy Baker, Deputy Clerk /Ma (.k�nKr INFORMATION ABOUT MULTI MEMBER OR OTHER UNUSUAI, COUNTY COMMISSIONER ELECTION SYSTEMS. There are at least four counties in North Carolina that elect county commissioners using one form or another of multi member or otherwise unusual districts election systems. Each of these election methods was designed and implemented in response to litigation or threatened litigation under the Voters Rights Act. Generally the contention was that the method of electing the board of county commissioners had the effect of denying black voters an equal opportunity to elect candidates of their choice. The election systems devised and implemented, either by local act or by court order, resulted in a limited voting system or a multi member district system. There is no county in North Carolina that elects its board of commissioners by the cumulative voting method. Limited voting is a form of modified at -large voting in which each voter gets fewer votes to cast than there are seats to be filled; the effect is to prevent the majority from capturing all the seats and to allow the minority to elect some of its candidates, Isg: F:\Lisa \orangecounty \R.esponse to questions raised at May 5 BOCC mtg.doc ME Beaufort County. The Beaufort County Board of Commissioners has seven members; all are elected at- large. The election of commissioners works on a staggered basis with four elected in one election cycle and three elected in the other. Both the primary and the general election involve limited voting. In this system each voter votes for only one candidate. That is, in the election cycle involving the election of four commissioners, each voter votes for only one candidate and the top four vote getters are nominated in the primary. This process is repeated in the general election. Bladen County., The Bladen County Board of County Commissioners has nine members. Six of the commissioners are elected from three districts, each district having two members, In the election for each of the district representatives each voter is entitled to vote for one candidate.. To be nominated in the primary, a candidate in each district must receive a majority. The top vote getter in each district gets elected in the general election. The other three commissioners are nominated and elected at- large. Each voter gets to vote for one at -large candidate. The top three vote getters in the primary are nominated and the top three vote getters in the general election are elected. Isg: F: \Lisa \orangecounty \Response to questions raised at May 5 BOCC mtg.doc -41 Martin County. The Martin County Board of Commissioners contains five members. There are two residency districts, one with three members and the other with two members. Each voter in the county votes for one commissioner in the two member district and two commissioners in the three member district. This system is used for both the primary and the general election. In the two member district, the two candidates receiving the highest number of votes in the primary are nominated and the two candidates receiving the highest number of votes in the general election are elected. In the three member district, the three candidates receiving the highest number of votes in the primary are norninated and the three candidates receiving the highest number of votes in the general election are elected. Forsyth County. The Forsyth County Board of Commissioners contains seven members There are two districts, one district has two commissioners, the other has four commissioners. The voters of each district nominate candidates in the primary and elect members who reside in the district in the general election. One commissioner is nominated and elected at large. Each voter has the opportunity to vote for as many candidates and members as there are seats up for election. Enclosures lsg: F: \Lisa \orangecounty \Response to questions raised at May 5 BOCC mtg.doc heraldsun.com: printer - friendly story [Uack� hpral&` `.x 1 {. sun l[�t Letters to the editor Originally published in: Chapel Hill Herald Tuesday, April 12, 2005 Edition: Final Page: 2 Honored guests at a Franklin Street celebration A46" -? Page 1 of 2 What a lovely surprise! It never occurred to us that we, because of our advanced ages -- 80 and 77 -- would be honored guests on Franklin Street Monday night after the big game. Over and over students came up to us to thank us for being there supporting the school, the team and the students by our presence. Over and over we were asked if our picture could be taken alone or with another student. One young man came up to us and said, "I'm so glad you're here. This university is all about tradition and you are still keeping the tradition of Franklin Street alive." Another said, "I hope I'm still coming up here when I'm your age." We will long remember that remarkable mass of young humanity -- our well- behaved, enthusiastic students. We, alumni of UNC, are proud to have been part of Monday night basketball on April 4, 2005 -- a warm spring night when this university was so well represented on the basketball court and on Franklin Street and where we were honored guests. Charlie and Margaret Chapel Hill super districts would solve the problem +_ Many citizens, including Orange County's elected officials, are at least theoretically committed to the principles of fair and representative government. With the potential for seven commissioners and the county's population easily divisible into thirds among Chapel Hill, Carr -boro and the nonurban county, meaningful representation can be achieved. For example, three super districts, two consisting of equal numbers of urban and non -urban citizens and one consisting of urban citizens; and one at -large commissioner would promote a greater countywide perspective and broader citizen participation. One super district could cover Chapel Hill and the nonurban county, the second could cover Carrboro and the nonurban county and the third could cover Chapel Hill and Carrboro. Voters in each super district would elect two commissioners. Commissioners elected from two of the super districts would be elected by a constituency comprised of roughly equal numbers of urban and nonurban citizens as well as minority citizens who live in both the urban and nonurban county. This would encourage candidates and commissioners to seriously consider all citizens' concerns. ^nnc ,0419- Page printer- friendly story 0,419- Page 2 of 2 Super districting places nonurban voters on an equal footing with urban voters for four of the seats on the Board of County Commissioners, This provides a majority of commissioners whose pool of potential votes is roughly equal between urban and nonurban citizens. These population - balanced super districts would encourage county - centric consensus on policy decisions. By reconciling the adversarial perceptions that existing BOCC policy is dominated by urban voters and that the new representation bill's approval by the Legislature will strengthen urban domination through narrow district- centrism, super districting is an alternative that encourages fair, responsive and representative government while in keeping with both the letter and spirit of one - person, one -vote, Artie L. Franklin Chapel Hill The writer ran for a seat on the Orange County Commissioners in 2004- © Copyright 2005 by The Durham Herald Company. All rights reserved. All material on beraldsun.com is protected by U.S. and international copyright laws and may not be reproduced or redistributed in any medium except as provided in the site's Terms of Use. [back] AacL�4 'S so Follow -Up on Three Counties Regarding Method of Election for Board of Commissioners Based on a Board of County Commissioners' request, staff contacted the boards of elections for Edgecombe, Northampton, and .Jackson counties regarding the methods utilized by those counties to elect members of the boards of commissioners as well as any changes to those methods during the last 10 -15 years A summary for each county is provided below. Edgecombe County Contact Person: Gayle Hudson, Board of Elections Director Shortly after the 1994 merger of three school systems and the resulting new seven - member school board (with all seven members to be elected by district), discussions began regarding a change in the method for electing members of the Edgecombe County Board of Commissioners. (Previously, all five members of the Board of Commissioners had been elected on a Pure At -Large basis.) This consideration subsequently led to a change, taking effect with the 1996 election, which expanded the Board from five to seven members and changing the method of electing commissioners from Pure At -Large to Pure District. For the 1996 transition election, four of the seven seats on the Board were filled by members elected from four of the seven newly- created districts. The other three seats remained occupied by members that had been elected on an At -Large basis during the 1994 election and who still had 2 years remaining on their terms of office. Those three seats became district- elected seats in the 1998 election, bringing to completion the transfer to a seven - member Board with all members elected by the voters in their district. A five - member Board with all the members elected by all the voters of the county became a seven - member Board with each member residing in a specific district and being elected by the voters of those respective districts. General observations seem to indicate that the impetus for the change from the Pure At- Large election method to the Pure District method related to concerns that commissioners primarily resided in Rocky Mount and Tarboro and that other areas of the county were unable to elect connnissioner candidates. The establislvnent of districts institutionalized the opportunity for representation from seven different areas of the county. It should be noted that the configuration of the Board of Commissioners' districts do not coincide with the configuration of the districts for the school board members' election noted above. This is due to the impact of the City of Rocky Mount, a portion of which lies in both Edgecombe and Nash counties, and the delineation of the new school systems' district boundaries between those two counties following the above - referenced 1994 Edgecombe County school merger. It should also be noted that the establishment of the seven commissioner districts prior to the 1996 election placed two of the five sitting At -Large commissioners in the same sI district. One of those commissioners ultimately chose not to be a candidate for election to the newly - configured seven - member board. Orange County staff will be glad to provide contact information for two current Edgecombe County Commissioners who were also members prior to the method of election transition. Jackson County Contact Person: Lisa Lovedahl- Lehman, Board of Elections Director Prior to 1996, the Jackson County Board of Commissioners was comprised of three members, all elected on an At -Large basis. That year, the Board expanded to five members and the method for electing commissioners changed to the District/At -Large method whereby one commissioner resides in each of the five Commissioner districts and all five commissioners are elected by all the voters of the county, There was no information available on the impetus for the changes in election for the Jackson County Board of Commissioners and there are no current commissioners on the Board who were also commissioners at the time of the changes. Northampton Coun Contact Person: Tonya Pitts, Board of Elections Director The five members of the Northampton County Board of Commissioners are elected using the District/At -Large method of election whereby one commissioner resides in each of the five Commissioner districts and all five commissioners are elected by all the voters of the county. This method of election has been utilized for many years and there was no information on any previous or current discussions to change this method. Aloe4,,f 9 sa lum gm colia of BY RESIDENTLAIL DISTRICT OPTION # 1 FIVE MEMBER BOARD ALL ELECTED IN DISTRICTS • THERE WILL BE FIVE DISTRICTS EACH OF WHICH WILL BE DRAWN TO INCLUDE THE RESIDENCE OF ONE OF THE CURRENT COMMISSIONERS AND AT LEAST TWO OF WHICH SHALL INCLUDE AREAS NORTH OF HILLSBOROUGH, NC • INDIVIDUALS SEEKING ELECTION TO THE BOARD OF COMMISSIONERS MUST RESIDE IN THE DISTRICT IN WHICH HE /SHE WISHES TO BE ELECTED. • INDIVIDUALS SEEKING ELECTION IN EACH DISTRICT WILL BE ELECTED IN THE PRIMARYELECTIONS TO REPRESENT EA CHPARTYRECOGNIZED INNORTH CAROLINA BY THE VOTERS WHO RESIDE IN THAT DISTRICT • SUCCESSFUL CANDIDATES WHO SURVIVE TO REPRESENT HIS/HER PARTY WILL BE ELECTED TO SERVE ON THE BOCC BYALL VOTERS ELIGIBLE TO VOTE IN ORANGE COUNTY • THE FIRSTELECTION FOR WHICH THIS DISTRICT ELECTION SYSTEM WILL APPLY WILL BE IN 2008 OPTION #2 SEVENMEMBER BOARD WITHFIVE ELECTED IN DISTRICTS AND TWO AT -LARGE • THERE WILL BE FIVE DISTRICTS EACH OF WHICH WILL BE DRAWN TO INCLUDE THE RESIDENCE OF ONE OF THE CURRENT COMMISSIONER AND AT LEAST TWO OF WHICH SHALL INCLUDE AREAS NORTH OF HILLSBOROUGH, NC • THERE SHALL ALSO BE TWO SEATS ADDED TO THE BOC_C FOR WHICH INDIVIDUALS MAY SEEK ELECTION ONANA T- LARGE BASIS. AT -LARGE CANDIDATES SHALL BE NOMINATED BY A COUNTYWIDE VOTE OF EACH PARTY IN 53 PRIMARY ELECTIONS AND ELECTED IN THE GENERAL ELECTION BYALL VOTERS ELIGIBLE TO VOTE IN ORANGE COUNTY • INDIVIDUALS SEEKING ELECTION TO THE BOARD OF COMMISSIONERS IN EACH DISTRICT MUST RESIDE IN THE DISTRICT IN WHICH HE /SHE WISHES TO BE ELECTED • INDIVIDUALS SEEKING ELECTION IN EACH DISTRICT WILL BE ELECTED IN THE PRIMARY ELECTIONS TO REPRESENT EA CH PAR TY RECOGNIZED IN NORTH CAROLINA BY THE VOTERS WHO RESIDE IN THAT DISTRICT • SUCCESSFUL CANDIDATES WHO SURVIVE TO REPRESENT HIS/HER PARTY WILL BE ELECTED TO SERVE ON THE BOCC BYALL ELIGIBLE VOTERS IN ORANGE COUNTY • THE FIRST ELECTION FOR WHICH THIS DISTRICT ELECTION SYSTEM WILL APPLY WILL BE IN 2008 • IN THE 2008 ELECTION, TWO DISTRICTS WILL ELECT MEMBERS TO SERVE THROUGH THE PRIMARY AND GENERAL ELECTIONS. • IN THE 2008 ELECTION, TWO AT LARGE MEMBERS WILL BE ELECTED WITH THE PERSONRECEMNG THE HIGHEST NUMBER OF VOTES SERVING A FULL FOUR YEAR TERM. THE PERSON RECEIVING THE SECOND HIGHEST NUMBER OF VOTES WILL SERVEA TWO YEAR TERM AND MUST STAND FOR ELECTION AGAIN IN 2010 FOR A FULL FOUR YEAR TERM NOTE: THE SAME DISTRICT MAP, WHEN DRAWN CAN APPLY TO EACH OR THE ABOVE DISTRICT OPTIONS AND WILL BE DRAWN WITHIN NINE MONTHS AFTER THE COMMISSIONERS SELECT ONE MODEL FOR IMPLEMENTATION. OPTION # 3 FIVE MEMBER BOARD WITH TWO DISTRICTS -ONE DISTRICT WITH TWO MEMBERS AND AN_ OTHER WITH THREE MEMBERS • THERE WILL BE TWO MULTI - MEMBER DISTRICTS • ONE DISTRICT WILL INCLUDE THE FIVE NORTHERNMOST TOWNSHIPS AND WILL HAVE TWO MEMBERS WHO WILL BE NOMINATED IN PRIMARY ELECTIONS BY THE VOTERS WHO RESIDE IN THOSE TOWNSHIPS AND ELECTED IN THE GENERAL ELECTION BY ALL VOTERS ELIGIBLE TO VOTE IN THE COUNTY • ONE DISTRICT WILL INCLUDE THE TWO TOWNSHIPS ON THE SOUTHEND OF THE COUNTY AND WILL INCLUDE THREE MEMBERS WHO WILL BE NOMINATED IN PRIMARY ELECTIONS BY THE VOTERS WHO RESIDE IN THOSE TOWNSHIPS AND ELECTED IN THE GENERAL, ELECTION BY ALL VOTERS ELIGIBLE TO VOTE IN THE COUNTY • THE FIRSTELECTION FOR WICH THIS DISTRICT ELECTION SYSTEM WILL APPLY WILL BEIN2008 WHEN TWO CURRENT MEMBER SEATS ARE UP FOR RE- ELECTION AND THE CANDIDATE THAT RECEIVES THE THIRD LOWEST NUMBER OF VOTES IN THE 2006 GENERAL ELECTION SHALL SEEK RE- ELECTION,