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§ 163-285. Administration by county board of elections; optional by Morganton, Granite Falls, Old Fort, and Rhodhiss.

§ 163‑285. Administration by county board of elections; optional by Morganton, GraniteFalls, Old Fort, and Rhodhiss.

(a)        The City ofMorganton, the Town of Old Fort, the Town of Granite Falls, and the Town ofRhodhiss may conduct their own elections, or they may request the county boardof elections of the county in which they are located to conduct theirelections. A county board of elections shall conduct the elections of eachmunicipality so requesting and the municipality shall pay the cost thereof accordingto a formula mutually agreed upon by the county board of elections and themunicipal council. The elections for any other municipality shall be conductedby the county board of elections, and the municipality shall pay the costthereof according to a formula mutually agreed upon by the county board ofelections and the municipal council. If a mutual agreement cannot be reached,then the State Board of Elections shall prescribe the agreement, to which bothparties are bound.

(1)        The elections ofmunicipalities which lie in more than one county shall be conducted either (i)by the county in which the greater number of the municipality's citizensreside, according to the most recent federal census of population, or (ii)jointly by the boards of elections of each county in which such municipality islocated, as may be mutually agreed upon by the county boards of elections soaffected, or (iii) in the case of the City of Morganton or the Towns of OldFort, Granite Falls, or Rhodhiss, by a municipal board of elections appointedby the governing body of the municipality. The State Board of Elections shallhave authority to promulgate regulations for more detailed administration andconduct of municipal elections by county or municipal boards of elections for municipalitiessituated in more than one county.

(2)        Any municipalityelecting to have its elections conducted by the county board of elections asprovided by this section, shall do so no later than January 1, 1973 provided,however, the county board of elections shall be entitled to 90 days' noticeprior to the effective date decided upon by the municipality. For efficientadministration the State Board of Elections shall have the authority to delaythe effective date of all such agreements under this section and shall set adate certain on which such agreements shall commence. The State Board ofElections shall also have the authority to permit any municipality to exercisethe options under this Article subsequent to the deadline stated in thissection.

(3)        Repealed by SessionLaws 1993 (Reg. Sess., 1994), c. 762, s. 63.

(b)        The county board ofelections shall have authority to require maps or definitive outlines of theboundaries constituting any municipality or special district whose electionsthat county board administers and shall be immediately advised of any change orrelocation of such boundaries.

(c)        The term"special district" includes a sanitary district, fire district, orschool administrative unit, notwithstanding the fact that the taxes of the specialdistrict may be levied by a municipality.

(d)        All electionresults of elections held under this Article shall be reported to the StateBoard within 30 days of the certification of the election.  (1971, c. 835, s. 1; 1973,c. 171; 1993 (Reg. Sess., 1994), c. 762, s. 63; 2001‑374, s. 2; 2007‑391,s. 38; 2008‑187, s. 33(a).)

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