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HomeMy WebLinkAbout2025-03 JOINT RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS AND BOARD OF EDUCATIONo Harnett C O U N T Y RESOLUTION NO. 2025-03 NORTH CAROLINA JOINT RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS AND HARNETT COUNTY BOARD OF EDUCATION REQUESTING A LOCAL STATUTORY ACT THAT WOULD REMOVE SCHOOL BUILDINGS AS VOTING PLACES WHEREAS, pursuant to N.C. Gen. Stat. § 163-128, the Harnett County Board of Elections (hereinafter referred to as the "Board of Elections") retains the sole authority to establish, alter, discontinue, or create new election precincts or voting places as it may deem expedient; and WHEREAS, pursuant to N.C. Gen. Stat. § 163-129(a), the Board of Elections retains the sole authority to demand and use any school or other State, county, or municipal building, or a part thereof, or any other building, or a part thereof, which is supported or maintained, in whole or in part by or through tax revenues provided; and WHEREAS, the Board of Elections uses multiple Harnett County schools as voting places for early and election day voting; and WHEREAS, the use of Harnett County schools as voting places for early and election day voting is disruptive to normal school operations and presents inherent health and safety risks for the students during school hours due to the access and presence of the general public on school grounds; and WHEREAS, pursuant to North Carolina State Board of Elections Numbered Memo 2022-12, the use of law enforcement officers at a voting place is potentially a violation of 18 U.S.C. § 594, thereby limiting the schools' ability to provide adequate protection for its students; and WHEREAS, the Harnett County Board of Commissioners (hereinafter referred to as the Board of Commissioners") and the Harnett County Board of Education (hereinafter referred to as the "Board of Education") desire to remove Harnett County schools as voting places unless expressly consented to by the Board of Education; and WHEREAS, the Board of Commissioners and Board of Education recommend that the Board of Elections use public or publicly funded buildings other than schools or to provide or procure by lease other suitable structures, or parts thereof, in which voting may be conducted in Harnett County. NOW THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners and the Harnett County Board of Education jointly request that a local act be adopted for the benefit of Harnett County whereby North Carolina General Statute § 163-129(a) be modified so that the Board of Elections shall not have the authority to demand and use a school, or any part thereof, as a voting place without the express consent of the school involved for the purpose of conducting registration and voting for any primary or election; and BE IT FURTHER RESOLVED that this Joint Resolution be forwarded to those General Assembly Representatives who serve Harnett County. Harnett C 0 U N T Y NORTH CAROLAA Adopted this the 1 Vh day of February 2025 by the Harnett County Board of Commissioners. HARNETT COUNTY BOARD OF COMMISSIONERS ATTEST: nl��Q— 1-a MeliAa D. Capps, Clerk to e Board Adopted this the day of February 2025 by the Harnett County Board of Education. HARNETT COUNTY BOARD OF EDUCATION Joseph W. Powell, Jr., Chairman ATTEST: Tammy Johnson, Clerk to the Board