City of Greensboro v. Guilford County Board of Elections

248 F. Supp. 3d 692
District Court, M.D. North Carolina·Decided April 3, 2017·No. 1:15-CV-559·Published·Cited by 2 cases

Opinion

MEMORANDUM OPINION AND ORDER

Catherine C. Eagles, District Judge.

In 2015, the North Carolina General Assembly passed a law that, among other things, prohibited the citizens of Greensboro, alone among municipal citizens in the state, from participating in municipal initiatives or referendums.1 The City of [695]*695Greensboro and several individual residents of Greensboro sued, challenging the law on several grounds, including a claim that this ban violates their equal protection rights.

The plaintiffs moved for judgment on the pleadings on this claim. The defendant, the Guilford County Board of Elections, takes no position on the constitutionality of this provision. The State has not appeared in this litigation and thus has identified neither a legitimate governmental purpose for the initiative and referendum ban nor a rational relationship between any such purpose and singling out of Greensboro voters. No legitimate purpose or rational relationship appears in the undisputed evidence. The Court', having converted the motion to one for partial summary judgment and upon an expansion of the record, will grant the motion.

1. BACKGROUND AND UNDISPUTED FACTS

A. North Carolina Law on Municipal Elections

Under the North Carolina Constitution, cities and counties are essentially creatures of the state.2 Article VII gives the General Assembly the power to “provide for the organization and government and the fixing of boundaries of counties, cities and towns.”3 “[Mjunicipalities have no inherent powers; they have only such powers as are delegated to them by legislative enactment.”4

In 1969, the General Assembly adopted the statute now codified at N.C. Gen. Stat. §§ 160A-101 to -111, which delegates significant control sto all cities over their forms of government.5 Under Chapter 160A, every North Carolina municipality and its voters have the right to select the structure and form of the municipality’s government.6 Section 160A-101 allows every municipality to choose the style of the municipal corporation and its governing board;7 the number, terms of office, and mode of election of council members;8 the method of conducting municipal elections;9 the method of choosing the mayor;10 and the form (mayor-council or council-manager) of municipal government.11 It also requires that .city councils draw the boundaries of any districts and divide council seats between the districts and at-large seats, if any.12

Each city council is authorized to change between and among options identified ’ in § 160A-101 by adopting an ordinance amending the city’s charter, subject to notice and procedural requirements.13 Coun[696]*696cils can, if they choose, require approval by the people before adopting the ordinance.14

If a city council enacts such a change without approval by a vote of the people, public notice is required15 and the change is subject to a referendum if the required number of voters submit a timely petition.16 If a petition meeting the numerical requirements is presented to the council within thirty days of public notice, the council must submit its proposed change to a referendum before it can go into effect.17

Each city’s municipal voters can also change city governance by initiative.18 There are procedural requirements, but an initiative can cover any topic in § 160A-101 except for drawing district boundaries.19 After receiving an initiative petition, the council must call a special election to consider the proposed change.20

Since 1983, Greensboro has chosen, pursuant to Chapter 160A, to use the mayor-council form of government, with the may- or and three council members elected at-large and five council members elected from single-member districts.21 At the time the General Assembly passed the legislation at issue here, all council members and the mayor were elected to two-year terms.22

B. Session Law 2015-138

In early July 2015, days before the filing period for the 2015 Greensboro City Council election was scheduled to open,23 the North Carolina General Assembly passed Session Law 2015-138, referenced here as “the Act.”24 The Act made many changes to the way the Greensboro City Council would be elected in 2015 and to the city’s governance structure going forward.

As is relevant to the pending motion, the Act prohibits Greensboro voters from making changes to the form of city government by initiative or referendum.25 At the time the Act was passed, one referendum, initiated by the Greensboro City Council, was scheduled for Fall 2015; the issue was whether to increase council member terms from two years to four years.26 The original Act had no expiration date on the prohibition of changes by its citizens.27 In [697]*697late September 2015, as part of a “technical corrections” bill, the General Assembly amended the Act to prohibit alterations and amendments to the City of Greensboro’s form of government only “until after the return of the 2020 federal decennial Census.”28

C. Litigation History

The plaintiffs, including the City of Greensboro and several Greensboro citizens, filed this lawsuit on July 13, 2015, alleging that the Act violated the equal protection clauses of the United States and North Carolina Constitutions in two ways, including the prohibition on initiative and referendum petitions.29 In addition to seeking preliminary injunctive relief,30 the plaintiffs sought to permanently enjoin the implementation of the Act as unconstitutional, restore the previously existing election procedures, and recover attorney’s fees.31

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City of Greensboro v. Guilford County Board of Elections, 248 F. Supp. 3d 692 (M.D.N.C. 2017).

248 F. Supp. 3d 692 (City of Greensboro v. Guilford County Board of Elections) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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