Laws governing local ballot measures in North Carolina
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All North Carolina cities have a limited initiative process for charter amendments and at least permit initiative for ordinances.
This article sets out the laws governing local ballot measures in North Carolina. It explains:
- Which local units of government make the initiative process available to residents.
- How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
Types of local government
According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 100 counties, 552 cities, towns, and villages, and 313 special districts.[1]
Bond measures
A 2013 House Bill requires that all bond ballot issues or ballot questions authorizing indebtedness include an estimate of interest for the debt and explicitly say that taxes may be levied to repay the indebtedness.[2]
School districts
In North Carolina, school districts are only required to hold elections if a school district needs to exceed debt limits mandated by the North Carolina Constitution. North Carolina is one of eleven states that has a constitutionally mandated debt limit for school districts. Under North Carolina law, a school district cannot take debt that exceeds two-thirds of their current debt without voter approval. The provision in the Constitution is for all local government units including school districts. However, North Carolina does not mandate elections for bond issues and exceeding levy caps. The Board of County Commissioners in where the school district is located have the power to approve a school district's budget or tax levy. All bond issues for school districts must be approved by the state government.
Campaign Finance Rules
Initiative process availability
State law NC Gen. Stat. Section 160A-104 mandates an initiative process for citizens to propose and vote on charter amendments regarding specific subject matters outlined in NC Gen. Stat. Section 160A-101.
State law does not grant ordinance initiative power to all cities. However, the North Carolina General Assembly has granted initiative power to certain cities, such as Raleigh and Greensboro, through special acts. In any city where an initiative has been made available, NC Gen. Stat. Section 159-17 states, "The adoption and amendment of the budget ordinance or any project ordinance and the levy of taxes in the budget ordinance are not subject to the provisions of any city charter or local act concerning initiative or referendum."[3][4][5]
Authority
Ballot Law Portal |
Laws Governing Ballot Measures |
Constitution
There are no constitutional provisions for local initiative.
Statutes
A guide to local ballot initiatives | |
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- NC Gen. Stat. Section 160A-104 The power to circulate initiative petitions for charter amendments is granted in North Carolina General Statutes Section 160A-104.
Other relevant sections to the initiative process are:
- NC Gen. Stat. Section 160A-101
- NC Gen. Stat. Section 159-17
- NC Gen. Stat. Section 163-218, 219
Initiative process features in charter cities
The Initiative process features for charter amendments are detailed in North Carolina General Statutes 160A-104.[6]
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Initiative process in the top 10 most populated cities
Local I&R Laws in the 50 States |
Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns |
All city charters may be amended by initiative regarding certain subject matters. In addition, some cities have initiative for ordinances granted by special acts of the state legislature.
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External links
- Ballotpedia: Research document of North Carolina local I&R laws
- North Carolina League of Municipalities
Footnotes
- ↑ U.S. Census Bureau, "2022 Census of Governments – Organization," accessed October 16, 2023
- ↑ North Carolina House Bill 248 (2013)
- ↑ Ballotpedia, "Types and #'s of local government by state," September 1, 2012
- ↑ Municode, "Raleigh City Charter and Ordinances," accessed August 23, 2013
- ↑ Municode, "Greensboro City Charter and Ordinances," accessed August 23, 2013
- ↑ North Carolina General Statutes 160A-104
- ↑ North Carolina General Statutes 160A-101
- ↑ 8.0 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 US Census, Annual Estimates of the Resident Population for Incorporated Places in North Carolina: April 1, 2010 to July 1, 2011
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