The Board of Elections and County Government Bob Joyce December 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 counties No “home rule”

NC Constitution No inherent powers in cities or counties No “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 laws Local acts

How the General Assembly Acts General laws Local acts: city charters

General-Purpose Governments Governing board elected by the people

General-Purpose Governments Governing board elected by the people Power to levy taxes

General-Purpose Governments Governing board elected by the people Power to levy taxes Regulate conduct through “ordinances”

General-Purpose Governments Governing board elected by the people Power to levy taxes Regulate 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 purposes sheriff and criminal laws registers of deeds justices of the peace

Counties vs. Cities Counties to carry out state purposes sheriff and criminal laws registers of deeds justices of the peace schools public health social services

Counties vs. Cities Cities to provide services in denser areas Water Sewage Solid waste Fire/police Land 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 counties Streets Cable TV/communications services Electric systems Gas systems

Counties vs. Cities County duties not shared by cities

Counties vs. Cities County duties not shared by cities Public schools Community colleges Court system Public health Social services Register of deeds

Counties vs. Cities County duties not shared by cities One more

Counties vs. Cities County duties not shared by cities One more: elections

Counties vs. Cities Organization Cities are organizationally simple Counties are organizationally complex

Voters Soil and Water Cons. Supervis. DirectorSheriffDeputies County Commissioners ABC Bd Bd of Adj. ClerkMgr Other County Departments Finance Planning/Zonin g HR Public Works Utilities Parks and Rec Etc. 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* Sheriff Public schools

County Complexity Commissioners must levy taxes and then give it to others to spend Social services* Public health* Sheriff Public schools And one more

County Complexity Commissioners must levy taxes and then give it to others to spend Social services* Public health* Sheriff Public schools And one more: elections

Revenue Property tax Sales tax Income tax Gasoline 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 plus 2.0% 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)

Revenue Other sources fees by sheriff, register of deeds, courts, impact fees, filing fees alcohol taxes tipping taxes real estate transfer tax 911 tax ABC profits fines and penalties investment earnings rental car tax motor 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 members Mandatory payment to CBE members GS

County and the CBE County has no role in naming CBE members Mandatory payment to CBE members GS Payment to employees “within budget approp.”

County and the CBE County has no role in naming CBE members Mandatory payment to CBE members GS Payment 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 members Mandatory payment to CBE members GS Payment to employees “within budget approp.” Payment to director approved by comm’rs “commensurate” with similar counties Director gets same leave as county employees

County and the CBE County has no role in naming CBE members Mandatory payment to CBE members GS Payment to employees “within budget approp.” Payment to director approved by comm’rs “commensurate” with similar counties Director gets same leave as county employees CBE “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

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

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

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.”