2005 North Carolina Code - General Statutes Article 12A - Precinct Boundaries.

Article 12A.

Precinct Boundaries.

§ 163‑132.1.� Participation in 2010 Census Redistricting Data Program of the United States Bureau of the Census.

(a)������ Purpose. � The State of North Carolina shall participate in the 2010 Census Redistricting Data Program, conducted pursuant to P.L. 94‑171, of the United States Bureau of the Census, so that the State will receive 2010 Census data by voting precinct and be able to revise districts at all levels without splitting precincts and in compliance with the United States and North Carolina Constitutions and the Voting Rights Act of 1965, as amended.

(b)������ through (e)� Repealed by Session Laws 2005‑428, s. 16, effective September 22, 2005, and applicable to all primaries and elections held on or after that date.

(f)������� Additional Rules. � In addition to the directives promulgated by the Executive Director of the State Board of Elections under G.S. 163‑132.4, the Legislative Services Commission may promulgate rules to implement this section. (1985, c. 757, s. 205(a); 1987 (Reg. Sess., 1988), c. 1074, s. 2; 1993 (Reg. Sess., 1994), c. 762, s. 69; 1995, c. 423, s. 2; 1999‑227, s. 1; 2000‑140, s. 81; 2001‑319, s. 11; 2005‑428, s. 16.)

 

§§ 163‑132.1A through 163‑132.2.� Repealed by Session Laws 1999‑227, s. 1..

 

§ 163‑132.3.� Alterations to approved precinct boundaries.

(a)������ No county board of elections may change any precinct boundary except in one of the following ways:

(1)������ By dividing an existing precinct into one or more new precincts, without involving other existing precincts. The lines on which the precincts are divided shall follow census blocks established under the latest U.S. Census.

(2)������ By combining one or more existing precincts into a new precinct. If one or more precincts are combined into a single precinct, the new precinct shall not be divided until at least four years after the effective date of the combination.

(3)������ By moving a precinct boundary that does not follow a census block boundary established under the latest U.S. Census so that that precinct boundary does follow such a census block boundary.

All proposed new precincts shall consist solely of contiguous territory.

This section does not prohibit a county from continuing to use precincts that were allowed under the Combined Reporting Unit provisions of G.S. 163‑132.1(c)(6).

The county boards of elections shall report precinct boundary changes by filing with the Legislative Services Office on current official census maps or on other maps or electronic databases approved by the Executive Director the new boundaries of these precincts. The Executive Director may require a county board of elections to file a written description of the boundaries of any precinct or part thereof. No newly created or altered precinct boundary is effective until approved by the Executive Director of the State Board as being in compliance with this section.

(b)������ The Executive Director of the State Board of Elections and the Legislative Services Office shall examine the maps of the proposed new or altered precincts and any required written descriptions. After its examination of the maps and their written descriptions, the Legislative Services Office shall submit to the Executive Director of the State Board of Elections its opinion as to whether all of the proposed precinct boundaries are in compliance with subsection (a) of this section, with notations as to where those boundaries do not comply with these standards. If the Executive Director of the State Board determines that all precinct boundaries are in compliance with this section, the Executive Director of the State Board shall approve the maps and written descriptions as filed and these precincts shall be the official precincts.

(c)������ If the Executive Director of the State Board determines that the proposed precinct boundaries are not in compliance with subsection (a) of this section, the Executive Director shall not approve those precinct boundaries. The Executive Director shall notify the county board of elections of his disapproval specifying the reasons. The county board of elections may then resubmit new precinct maps and written descriptions to cure the reasons for their disapproval.

(d)������ Repealed by Session Laws 2004‑127, s. 1(a), effective August 15, 2004, and applicable to precincts established or changed on or after that date.

(e)������ During the period beginning October 1, 2002, and ending August 15, 2004, no county board of elections may change any precinct boundary. However, a county that has a precinct line that does not follow a 2000 Census Block Boundary may change that precinct line to conform to the way that precinct is shown on the General Assembly's redistricting database, provided the total population of the area moved from one precinct to another is not greater than ten percent (10%) of the total population of either precinct. A county board of elections proposing a change to a precinct during this period shall submit that change to the Legislative Services Office, which shall examine the proposed change and give its opinion of its compliance with this subsection to the Executive Director of the State Board of Elections. If the proposed change is in compliance with this subsection, the Executive Director shall approve it. (1985, c. 757, s. 205(a); 1987 (Reg. Sess., 1988), c. 1074, s. 2; 1991 (Reg. Sess., 1992), c. 927, s. 1; 1993, c. 352, s. 3; 1993 (Reg. Sess., 1994), c. 762, s. 71; 1995, c. 423, ss. 2, 3; 1999‑227, ss. 1, 2; 2001‑319, ss. 10.1, 11; 2001‑487, s. 96; 2002‑159, s. 56; 2003‑434, 1st Ex. Sess., s. 13; 2004‑127, s. 1(a).)

 

§ 163‑132.3A.� Alterations to precinct names.

No county board of elections shall assign to any precinct a name that has been used after January 1, 1999, for a precinct comprising different territory. That requirement does not apply to a precinct change made under G.S. 163‑132.3(a)(3). The county board of elections shall submit to the Executive Director of the State Board of Elections for approval every proposed change to a precinct name, and the Executive Director shall approve a name change only if it complies with this section. (2004‑127, s. 1(b).)

 

§ 163‑132.4.� Directives.

The Executive Director of the State Board of Elections may promulgate directives concerning its duties and those of the county boards of elections under this Article. (1985, c. 757, s. 205(a); 1987 (Reg. Sess., 1988), c. 1074, s. 2; 2001‑319, s. 11.)

 

§ 163‑132.5.� Cooperation of State and local agencies.

The Office of State Budget and Management, the Department of Transportation and county and municipal planning departments shall cooperate and assist the Legislative Services Office, the Executive Director of the State Board of Elections and the county boards of elections in the implementation of this Article. (1985, c. 757, s. 205(a); 1987, c. 715, s. 4; 1987 (Reg. Sess., 1988), c. 1074, s. 2; 1989, c. 440, s. 3, c. 770, s. 75.3; 2000‑140, ss. 93.1(c); 2001‑319, s. 11; 2001‑424, s. 12.2(b).)

 

§ 163‑132.5A:� Repealed by Session Laws 1991 (Regular Session, 1992), c. 927, s. 1.

 

§ 163‑132.5B.� Exemption from Administrative Procedure Act.

The State Board of Elections is exempt from the provisions of Chapter 150B of the General Statutes while acting under the authority of this Article. Appeals from a final decision of the Executive Director of the State Board of Elections under this Article shall be taken to the State Board of Elections within 30 days of that decision. The State Board shall approve, disapprove or modify the Executive Director's decision within 30 days of receipt of notice of appeal. Failure of the State Board to act within 30 days of receipt of notice of appeal shall constitute a final decision approving that of the Executive Director. Appeals from a final decision of the State Board under this Article shall be taken to the Superior Court of Wake County. (1987, c. 715, s. 4; 1987 (Reg. Sess., 1988), c. 1074, s. 2; 2001‑319, s. 11.)

 

§ 163‑132.5C.� Local acts and township lines.

(a)������ Notwithstanding the provisions of any local act, a county board of elections need not have the approval of any other county board or commission to make precinct boundary changes required by this Article.

(b)������ Precinct boundaries established, retained or changed under this Article, or changed to follow a district line where a precinct has been divided in a districting plan, may cross township lines. (1987, c. 715, s. 4; 1989, c. 440, s. 5; 1991 (Reg. Sess., 1992), c. 927, s. 1; 1995, c. 423, s. 2.)

 

§ 163‑132.5D.� Retention of precinct maps.

The Executive Director of the State Board of Elections shall retain the maps and written descriptions which he approves pursuant to G.S. 163‑132.3. (1991 (Reg. Sess., 1992), c. 927, s. 1; 2001‑319, s. 11.)

 

§ 163‑132.5E.� Repealed by Session Laws 1999‑227, s. 1.

 

§ 163‑132.5F.� U.S. Census data by precinct.

The State shall request the U.S. Census Bureau for each decennial census to provide summaries of census data by precinct and shall participate in any U.S. Bureau of the Census' program to effectuate this provision. (1991 (Reg. Sess., 1992), c. 927, s. 1.)

 

§ 163‑132.5G.� Voting data maintained by precinct.

To the extent that it can do so without compromising the secrecy of an individual's ballot, each county board of elections shall maintain voting data by precinct so that precinct returns for each item on the ballot shall include the votes cast by residents of the precinct who voted by provisional ballot and by absentee ballot, both mail and one‑stop. The county board shall not be required to report provisional and absentee voting data by precinct until 60 days after the election. The State Board of Elections shall adopt rules for the enforcement of this section with the goal that all voting data shall be reported by precinct by the 2006 election. (2001‑466, s. 2; 2003‑183, s. 1; 2005‑323, s. 1(e).)

 

§ 163‑132.6:� Repealed by Session Laws 1991 (Regular Session, 1992), c. 927, s. 1.

 

§ 116‑133.� Reserved for future codification purposes.

 

§ 116‑134.� Reserved for future codification purposes.