§ 160A-104. Initiative petitions for charter amendments. - North Carolina Statutes

§ 160A‑104. Initiative petitions for charter amendments.

The people may initiate a referendum on proposed charter amendments. Aninitiative petition shall bear the signatures and resident addresses of anumber of qualified voters of the city equal to at least ten percent (10%) ofthe whole number of voters who are registered to vote in city electionsaccording to the most recent figures certified by the State Board of Electionsor 5,000, whichever is less. The petition shall set forth the proposed amendmentsby describing them briefly but completely and with reference to the pertinentprovisions of G.S. 160A‑101, but it need not contain the precise text ofthe charter amendments necessary to implement the proposed changes. Thepetition may not propose changes in the alternative, or more than oneintegrated set of charter amendments. Upon receipt of a valid initiativepetition, the council shall call a special election on the question of adoptingthe charter amendments proposed therein, and shall give public notice thereofin accordance with G.S. 163‑287. The date of the special election shallbe fixed at not more than 120 nor fewer than 60 days after receipt of thepetition. If a majority of the votes cast in the special election shall be infavor of the proposed changes, the council shall adopt an ordinance amendingthe charter to put them into effect. Such an ordinance shall not be subject toa referendum petition. No initiative petition may be filed (i) between the timethe council initiates proceedings under G.S. 160A‑102 by publishing anotice of hearing on proposed charter amendments and the time proceeding underthat section have been carried to a conclusion either through adoption orrejection of a proposed ordinance or lapse of time, nor (ii) within one yearand six months following the effective date of an ordinance amending the citycharter pursuant to this Article, nor (iii) within one year and six monthsfollowing the date of any election on charter amendments that were defeated bythe voters.

The restrictions imposed by this section on filing initiative petitionsshall apply only to petitions concerning the same subject matter. For example,pendency of council action on amendments concerning the method of electing thecouncil shall not preclude an initiative petition on adoption of the council‑managerform of government.

Nothing in this section shall be construed to prohibit the submissionof more than one proposition for charter amendments on the same ballot so longas no proposition offers a different plan under the same option as anotherproposition on the same ballot. (1969, c. 629, s. 2; 1971, c. 698, s. 1; 1973, c. 426, s. 21; 1979, 2ndSess., c. 1247, ss. 12, 14.)