The Board of Elections and County Government Bob Joyce December 8, 2014.

The Board of Elections andCounty Government

Bob JoyceDecember 8, 2014

NC Constitution

Article VII, Sec. 1:“The General Assembly shall provide for the organization and government and the fixing of boundaries of counties, cities and towns and other governmental subdivisions . . .

NC Constitution

“and, except as otherwise prohibited by this Constitution, may give such powers and duties to counties, cities and towns, and other governmental subdivisions as it may deem advisable.”

NC Constitution

• Limitations on incorporations near other towns

• Each county has a sheriff; term; no felons• City/county merger

NC Constitution

No inherent powers in cities or counties

NC Constitution

No inherent powers in cities or countiesNo “home rule”

NC Constitution

No inherent powers in cities or countiesNo “home rule”The General Assembly is in full control: to act “as it may deem advisable”

How the General Assembly Acts

General laws

How the General Assembly Acts

General lawsLocal acts

How the General Assembly Acts

General lawsLocal acts: city charters

General-Purpose Governments

Governing board elected by the people

General-Purpose Governments

Governing board elected by the peoplePower to levy taxes

General-Purpose Governments

Governing board elected by the peoplePower to levy taxesRegulate conduct through “ordinances”

General-Purpose Governments

Governing board elected by the peoplePower to levy taxesRegulate conduct through “ordinances”Authorized to provide broad range of services

Counties vs. Cities

Counties to carry out state purposes

Counties vs. Cities

Counties to carry out state purposessheriff and criminal lawsregisters of deedsjustices of the peace

Counties vs. Cities

Counties to carry out state purposessheriff and criminal lawsregisters of deedsjustices of the peaceschoolspublic healthsocial services

Counties vs. Cities

Cities to provide services in denser areasWaterSewageSolid wasteFire/policeLand use regulation

Counties vs. Cities

Beginning around 1950, the General Assembly started authorizing counties to provide the kinds of services that cities had been providing, in addition to carrying out their state-purposes role.

Counties vs. Cities

Beginning around 1950, the General Assembly started authorizing counties to provide the kinds of services that cities had been providing, in addition to carrying out their state-purposes role.Cities and counties have become more alike, except that counties have required duties that cities do not have.

Counties vs. Cities

City duties not shared by counties

Counties vs. Cities

City duties not shared by countiesStreetsCable TV/communications servicesElectric systemsGas systems

Counties vs. Cities

County duties not shared by cities

Counties vs. Cities

County duties not shared by citiesPublic schoolsCommunity collegesCourt systemPublic healthSocial servicesRegister of deeds

Counties vs. Cities

County duties not shared by citiesOne more

Counties vs. Cities

County duties not shared by citiesOne more: elections

Counties vs. Cities

OrganizationCities are organizationally simpleCounties are organizationally complex

Voters

Soil and Water Cons.

Supervis.

Director

Sheriff

Deputies

County Commissioners

ABC BdBd of Adj.

Clerk Mgr

Other County Departments

FinancePlanning/

ZoningHR

Public WorksUtilities

Parks and RecEtc.

Atty Human Services

Bds

Public Health

Bd

Social Services

Bd

Regional Mental

Health Bd

Register of Deeds

Deputies

Local Bd of Education

Superintendent

NC County Government Structure

State Bd of Elections

Local Bd of Elections

Director

County Complexity

Commissioners must levy taxes and then give it to others to spend

County Complexity

Commissioners must levy taxes and then give it to others to spend

Social services*Public health*SheriffPublic schools

County Complexity

Commissioners must levy taxes and then give it to others to spend

Social services*Public health*SheriffPublic schoolsAnd one more

County Complexity

Commissioners must levy taxes and then give it to others to spend

Social services*Public health*SheriffPublic schoolsAnd one more: elections

Revenue

Property taxSales taxIncome taxGasoline tax

Revenue

Property tax (local only)Sales tax Income tax Gasoline tax

Revenue

Property tax (local only)Sales tax (state and local)Income tax Gasoline tax

Revenue

Sales tax 4.75% state

plus2.0% or 2.25% or 2.75% county

Revenue

Property tax (local only)Sales tax (state and local)Income tax (state only)Gasoline tax

Revenue

Property tax (local only)Sales tax (state and local)Income tax (state only)Gasoline tax (state only)

RevenueOther sources

fees by sheriff, register of deeds, courts,impact fees, filing fees

alcohol taxestipping taxesreal estate transfer tax911 taxABC profitsfines and penaltiesinvestment earningsrental car taxmotor vehicle license tax

County and the CBE

County has no role in naming CBE members

County and the CBE

County has no role in naming CBE membersMandatory payment to CBE members GS 163-32

County and the CBE

County has no role in naming CBE membersMandatory payment to CBE members GS 163-32Payment to employees “within budget approp.”

County and the CBE

County has no role in naming CBE membersMandatory payment to CBE members GS 163-32Payment to employees “within budget approp.”Payment to director approved by comm’rs

“commensurate” with similar counties

County and the CBE

County has no role in naming CBE membersMandatory payment to CBE members GS 163-32Payment to employees “within budget approp.”Payment to director approved by comm’rs

“commensurate” with similar countiesDirector gets same leave as county employees

County and the CBE

County has no role in naming CBE membersMandatory payment to CBE members GS 163-32Payment to employees “within budget approp.”Payment to director approved by comm’rs

“commensurate” with similar countiesDirector gets same leave as county employeesCBE “appoints and removes” employees

County and the CBE

Memorandum of understanding

County and the CBE

“The respective boards of county commissioners shall appropriate reasonable and adequate funds necessary for the legal functions of the county board of elections, including reasonable and just compensation of the director of elections.”GS 163-37

County and the CBE

“The board of county commissioners may decline to adopt and acquire any voting system recommended by the county board of elections but may not adopt and acquire any voting system that has not been approved by the county board of elections.”GS 163-165.8

County and the CBE

“The respective boards of county commissioners shall appropriate reasonable and adequate funds necessary for the legal functions of the county board of elections, including reasonable and just compensation of the director of elections.”GS 163-37

County and the CBE

County and the school board:“If the board of education determines that the amount of money appropriated to the local current expense fund, or the capital outlay fund, or both, by the board of county commissioners is not sufficient to support a system of free public schools” a dispute resolution process begins.GS 115C-431

County and the CBE

Graham County case 2011“[S]o long as a county board of elections remains within the budget allocated by the local board of commissioners, the county board of elections has the sole authority to hire and fire elections employees.”

County and CBE

Graham County case 2011“[C]ounty boards of commissioners have no authority to determine the number of county board of elections employees if those employees can be compensated within the budget established by the county commissioners.”