(a) No member shall be excused from voting except upon matters involving the consideration of the member's own financial interest or official conduct or on matters on which the member is prohibited from voting under G.S.14-234 or G.S.160D-109. In all other cases except votes taken under G.S.160D-601, a failure to vote by a member who is physically present in the council chamber, or who has withdrawn without being excused by a majority vote of the remaining members present, shall be recorded as an affirmative vote. The question of the compensation and allowances of members of the council is not a matter involving a member's own financial interest or official conduct.(b) Notwithstanding subsection (a) of this section, a vote or failure to vote by any member present by means of simultaneous communication in accordance with G.S.166A-19.24 shall be treated as if the member were physically present only during the period while simultaneous communication is maintained for that member.(c) An affirmative vote equal to a majority of all the members of the council not excused from voting on the question in issue, including the mayor's vote in case of an equal division, shall be required to adopt an ordinance, take any action having the effect of an ordinance, authorize or commit the expenditure of public funds, or make, ratify, or authorize any contract on behalf of the city. In addition, no ordinance nor any action having the effect of any ordinance, except an ordinance on which a public hearing must be held pursuant to G.S.160D-601 before the ordinance may be adopted, may be finally adopted on the date on which it is introduced except by an affirmative vote equal to or greater than two thirds of all the actual membership of the council, excluding vacant seats and not including the mayor unless the mayor has the right to vote on all questions before the council. For purposes of this section, an ordinance shall be deemed to have been introduced on the date the subject matter is first voted on by the council.N.C. Gen. Stat. § 160A-75
Amended by 2020 N.C. Sess. Laws 3,s. 4.31-h, eff. 1/1/2021.Amended by 2019 N.C. Sess. Laws 111,s. 2.5-n, eff. 1/1/2021.Amended by 2015 N.C. Sess. Laws 160,s. 5, eff. 8/1/2015.Amended by 2013 N.C. Sess. Laws 126,s. 11, eff. 10/1/2013.Amended by 2005 N.C. Sess. Laws 426, s. 5.1.(a), eff. 1/1/2006.Amended by 2001-409, s. 9, eff. 7/1/2002. 1917, c. 136, subch. 13, s. 1; C.S., s. 2821; 1971, c. 698, s. 1; 1973, c. 426, s. 16; 1979, 2nd Sess., c. 1247, s. 7; 1983, c. 696.Applicability: Section 4.31-j of 2020 N.C. Sess. Laws 3 provides: "This section is effective when it becomes law and applies throughout the duration of any declaration of emergency issued under G.S. 166A-19.20 in effect on or after that date. The actions of any public body in an open meeting conducted via simultaneous communication between March 10, 2020, and the effective date of this section are not deemed invalid due to the use of simultaneous communication to conduct that open meeting."