GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H                                                                                                                                                   D

HOUSE DRH30007-LBf-18  (12/18)

 

 

 

Short Title:     School Board Candidate Filing Fee.

(Public)

Sponsors:

Representative Glazier.

Referred to:

 

 

 

A BILL TO BE ENTITLED

AN ACT to set a uniform filing fee for board of education candidacy.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 163- 294.2(e) reads as rewritten:

"(e)       The Except for boards of education elected on a nonpartisan basis, the filing fee for the primary or election shall be fixed by the governing board not later than the day before candidates are permitted to begin filing notices of candidacy. There shall be a minimum filing fee of five dollars ($5.00). The governing board shall have the authority to set the filing fee at not less than five dollars ($5.00) nor more than one percent (1%) of the annual salary of the office sought unless one percent (1%) of the annual salary of the office sought is less than five dollars ($5.00), in which case the minimum filing fee of five dollars ($5.00) will be charged. The filing fee for boards of education elected on a nonpartisan basis is one hundred dollars ($100.00). The fee shall be paid to the board of elections at the time notice of candidacy is filed."

SECTION 2.  G.S. 163-291(3) reads as rewritten:

"§ 163-291.  Partisan primaries and elections.

The nomination of candidates for office in cities, towns, villages, and special districts whose elections are conducted on a partisan basis shall be governed by the provisions of this Chapter applicable to the nomination of county officers, and the terms "county board of elections," "chairman of the county board of elections," "county officers," and similar terms shall be construed with respect to municipal elections to mean the appropriate municipal officers and candidates, except that:

(3)        The Except for boards of education elected on a partisan basis, the filing fee for municipal and district primaries shall be fixed by the governing board not later than the day before candidates are permitted to begin filing notices of candidacy. There shall be a minimum filing fee of five dollars ($5.00). The governing board shall have the authority to set the filing fee at not less than five dollars ($5.00) nor more than one percent (1%) of the annual salary of the office sought unless one percent (1%) of the annual salary of the office sought is less than five dollars ($5.00), in which case the minimum filing fee of five dollars ($5.00) will be charged. The filing fee for boards of education elected on a partisan basis is one hundred dollars ($100.00). The fee shall be paid to the board of elections at the time notice of candidacy is filed."

SECTION 3.  G.S. 163-107(a) reads as rewritten:

"(a)       Fee Schedule. - At the time of filing a notice of candidacy, each candidate shall pay to the board of elections with which he files under the provisions of G.S. 163-106 a filing fee for the office he seeks in the amount specified in the following tabulation:

 

Office Sought                                                         Amount of Filing Fee

Governor                                                                 One percent (1%) of the annual salary of the office sought

Lieutenant Governor                                                 One percent (1%) of the annual salary of the office sought

All State executive offices                                         One percent (1%) of the annual salary of the office sought

All District Attorneys of the General                          One percent (1%) of the annual salary of

       Court of Justice                                                       the office sought

United States Senator                                               One percent (1%) of the annual salary of the office sought

Members of the United States House                        One percent (1%) of the annual salary of

       of Representatives                                                   the office sought

State Senator                                                           One percent (1%) of the annual salary of the office sought

Member of the State House of                                  One percent (1%) of the annual salary of

       Representatives                                                       the office sought

All county offices not compensated by fees               One percent (1%) of the annual salary of the office sought

All county offices compensated partly                       One percent (1%) of the first annual

       by salary and partly by fees                                     salary to be received (exclusive of fees)

Members of boards of education elected                   One hundred dollars ($100.00)

       on a partisan basis

The salary of any office that is the basis for calculating the filing fee is the starting salary for the office, rather than the salary received by the incumbent, if different. If no starting salary can be determined for the office, then the salary used for calculation is the salary of the incumbent, as of January 1 of the election year."

SECTION 4.  This act is effective with respect to elections conducted on or after September 1, 2009.