Agenda Package - 3-5-2012 Reg. Meeting

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The law requires the county board of elections to hold a County -wide alcoholic beverages election upon receiving either: (1) A written request for an election from the governing body of the county; or (2) A petition requesting an election signed by at least thirty - five percent (35 %) of the voters registered in the county at the time the petition was initiated. N.C.G.S. § 18B- 601(b) (2012) (Emphasis added.) Although Mr. Thomas appears to be requesting the Board to invoke its authority under N.C.G.S. § 1813- 601(b)(1) to request a county -wide election be held, should the Board decide not to request an election on any proposition, he or any other person still would have the option of using the petition procedure to have a County -wide election held. Similarly, as was the case with the 2008 special election, the law allows alcoholic beverages elections to be held on a township basis, rather than on a County -wide basis. The Board of Elections must hold a township alcoholic beverages election upon either the request of the Board of Commissioners or upon petition of twenty -five percent (25 %) of the registered voters of the township excluding the incorporated municipalities located in the township See, N.C.G.S. § 186- 600(f) (2012). Regardless of the method by which an alcoholic beverages election is called, the law requires the board of elections to set the date for the election. The election date "may not be sooner than 60 days nor later than 120 days from the date the request was received from the governing body or the petition was verified by the board." N.C.G.S. § 1813- 601(f) (2012). Nevertheless, "no alcoholic beverage election may be held on the Tuesday next after the first Monday in November of an even - numbered year." Id. Therefore, if an alcoholic beverages election is to be held this year, it may not be held concurrently with the 2012 general election, but must be held concurrently with the primary election or at a special election held only on the proposed propositions. It should be emphasized that it is the Board of Elections, not the Board of Commissions, which sets the election date. Nevertheless, if the Board of Commissioners desires to request an alcoholic beverages election be held and prefers that it be held concurrently with the May 8th primary, the statutory time frame discussed above has the effect of establishing a deadline of March 8th for the Board to present its request to the Board of Elections. If the Board presents a request after March 8th, a special election will be required to have the propositions voted on this year.