2005 North Carolina Code - General Statutes § 122C-413. Butner Advisory Council; created.

Part 1B. Butner Advisory Council.

§ 122C‑413.  Butner Advisory Council; created.

(a)       There is created a Butner Advisory Council to consist of seven members, to be elected by the residents of the Butner Advisory Council Jurisdiction. The Butner Advisory Council Jurisdiction shall consist of the property shown on a map produced May 20, 2003, by the Information Systems Division of the North Carolina General Assembly and kept on file in the office of the Butner Town Manager and in the office of the Granville County Board of Elections. The Butner Advisory Council shall be elected at a nonpartisan election pursuant to G.S. 163‑292 administered by the Granville County Board of Elections to be held in the first odd‑numbered year after preclearance under section 5 of the Voting Rights Act of 1965 is obtained. The Granville County Board of Elections may change the dates of the candidate‑filing period for the first election if preclearance is not obtained before the statutory filing period begins.

(a1)     Any resident of Butner who is also a resident of Durham County shall vote, as if the voter were a Granville County resident, in any Butner election at a location in the Granville County portion of Butner designated by the Granville County Board of Elections or by absentee ballot if absentee voting is authorized by the Secretary. As soon as possible after the close of registration for the election, the Durham County Board of Elections shall send the Granville County Board of Elections any information necessary to conduct the election, including all of the following:

(1)       A set of mailing labels for all registered voters in Durham County who are eligible to vote in the Butner election.

(2)       A list of all registered voters in Durham County who are eligible to vote in the Butner election.

(3)       An official precinct roster to be used by the Granville County Board of Elections to verify the eligibility to vote of persons presenting themselves to vote in the election.

The Granville County Board of Elections shall mark on the official roster provided by Durham County all those voters who vote in the election. Promptly after the election, the Granville County Board of Elections shall return the roster to the Durham County Board of Elections so it can update voter history for the Butner voters who are residents of Durham County.

(b)       All members of the Butner Advisory Council shall be elected at large in one multiseat race, and the election shall be held in accordance with all applicable federal and State constitutional and statutory provisions, including the Voting Rights Act of 1965. For the purpose of elections under this Part, the jurisdiction shall be considered a city under Chapters 160A and 163 of the General Statutes, with the Secretary, advised by the Advisory Council, acting as the governing body of the city. Part 4 of Article 5 of Chapter 160A of the General Statutes does not apply to Butner. In accordance with North Carolina law, a candidate for the Butner Advisory Council must be a registered voter and a resident of the Butner Advisory Council Jurisdiction, as shown on a map produced May 20, 2003, by the Information Systems Division of the North Carolina General Assembly and kept on file in the office of the Butner Town Manager and in the office of the Granville County Board of Elections.

(c)       The candidates for the Butner Advisory Council shall file their notices of candidacy and any required campaign finance report with the Granville County Board of Elections, regardless of whether they live in the Granville or Durham County portion of the jurisdiction. The Secretary, with the advice of the Advisory Council, shall determine whether to authorize absentee voting by qualified voters residing in the territorial jurisdiction in accordance with G.S. 163‑302. The filing fee shall be ten dollars ($10.00) for the first election of the Butner Advisory Council. In subsequent elections, the Secretary, with the advice of the Advisory Council, shall set the filing fee using the procedure in G.S. 163‑294.2(e).

(d)       The seven candidates receiving the highest numbers of votes shall be elected for four‑year terms.

(d1)     The Department of Health and Human Services shall reimburse the Granville County Board of Elections and, if necessary, the Durham County Board of Elections for the actual cost of administering the election of the Butner Advisory Council according to the provisions of G.S. 163‑284 as if Butner were a city. Reimbursement shall not come from General Fund appropriations or federal funds.

(e)       The Chair of the Butner Advisory Council shall be elected from among its members, shall serve a one‑year term, may be reelected, and shall serve at the pleasure of the council.

(f)        The Butner Advisory Council shall comply with the applicable and relevant provisions of Parts 1, 2, and 3 of Article 5 of Chapter 160A of the General Statutes with respect to the filling of vacancies and the organization and procedures of the council as if it were a city. Only those provisions of those Parts that are consistent with an advisory council are applicable and relevant to the Butner Advisory Council.

(g)       Neither the Secretary nor the Butner Advisory Council shall have any authority over the Lyons Station Sanitary District, except as relates to fire and public safety protection, as provided in Chapter 830 of the 1983 Session Laws and G.S. 122C‑408. (1999‑140, s. 3; 2003‑346, s. 1.)