Bill Summaries: H709 (2023-2024 Session)

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  • Summary date: Apr 19 2023 - View summary

    Amends GS 163-35.1, providing for the county board of elections (county board) to recommend the dismissal of the county director of elections to the Executive Director of the State Board of Elections (SBE) by petition signed by a majority of the county board (previously referred to recommended termination). Adds a new requirement for the county director to be suspended if the petition states as a reason for dismissal any of the disqualifications of a county director set forth in GS 163-35(a)(1) through (a)(7), which includes holding public office and felony convictions, or Article 4A, which sets limitations on participation in political activities; requires suspension until completion of the statute's dismissal procedure. Adds that the decision to initiate a petition for dismissal is not subject to public meetings laws in Article 33C, GS Chapter 143, and deems the petition not public record. 

    Requires the Executive Director to give immediate written notice to the county director upon receipt of the petition, and include a copy of the petition (previously, did not specify timing or that the notice be written). Permits the county director to respond to the petition within 15 calendar days (was, 15 days) of initial notification by the Executive Directors; adds that the response is not public record. Requires the Executive Director to make a dismissal or retention decision with 20 calendar days (was, 20 days) of receipt of the county director's response or expiration of the 15-day window to respond. Requires the Executive Director to notify the county board and county director upon either determination, and deems notifications of retention not public record, while notifications of dismissal are public record at the time of notice, except as provided in GS 163-27.2 relating to criminal histories. Allows for the Executive Director's decision to be deferred by SBE vote at an open meeting, and upon deferral, requires notice to the county director and the county board (was, county director only) of the opportunity to be heard and to present witnesses and information to SBE in an open meeting, prior to making a final decision. Deletes provisions relating to authority of SBE members to designate members to conduct the hearing and make final determinations. Deems SBE decisions final and all documents related to dismissal decisions public record. 

    Authorizes SBE, upon majority vote in an open meeting and upon recommendation of the Executive Director, to initiate proceedings to dismiss a county director upon just cause, stating reasons for dismissal (previously referred to initiation of termination proceedings and did not require voting in an open meeting). Similar to county board petitions, requires suspension of the county director if the petition states as a reason for dismissal any of the disqualifications of a county director set forth in GS 163-35(a)(1) through (a)(7) or Article 4A; requires suspension until completion of the statute's dismissal procedure. Requires immediate written notice to the county director in addition to the existing requirement to send a copy of the petition, and grants the county director 15 calendar days (was, 15 days) to respond. Requires SBE to notify the county directors and the county board (was, the county director only) of the opportunity to be heard, present witnesses and provide information to SBE prior to making a final decision. Deletes provisions relating to authority of SBE members to designate members to conduct the hearing and make final determinations. Deems all documents related to dismissal decisions public record. Regarding the Executive Director's authority to suspend county directors without pay and without warning for cause, limits suspension to five business days (was, five days). Makes conforming changes. Makes organizational and technical changes throughout. 

    Makes technical and clarifying changes to GS 163-35. Makes language gender neutral. 

    Effective October 1, 2023, and applies to dismissals or suspensions initiated on or after that date.