NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 112

HOUSE BILL 171

 

 

AN ACT TO AMEND CHAPTER 1261 OF THE SESSION LAWS OF 1953 RELATING TO THE CHARTER OF THE TOWN OF SELMA IN JOHNSTON COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. Section 4 of Chapter 1261 of the Session Laws of 1953 is hereby rewritten to read as follows:

"Sec. 4. Creation, Salary and Composition of Mayor and Board of Commissioners. Except as otherwise provided in this Chapter, all powers of the town shall be vested in a board of commissioners of five (5) members and a mayor nominated and elected from the town at large in the manner hereinafter provided. The term of office of the mayor shall be for two (2) years until his successor is elected and qualified, and shall begin on Friday next following his election. The term of office of the board of commissioners shall be for four (4) years until their successors are elected and qualified, and shall begin on Friday next following their election; except that in the 1959 general election the three candidates receiving the highest number of votes in the general election shall serve for a term of four (4) years, and the next two candidates receiving the highest number of votes cast shall serve for a term of two (2) years. Provided, that in case any candidate does not receive a majority vote in the general election, the candidate receiving the next highest vote shall have the right to a runoff election; provided, that notice for said runoff election is given within three days after the general election. The runoff election shall be held two weeks from the day of the general election and shall be conducted in accordance with laws applicable to the general election."

Sec. 2. Section 12 of Chapter 1261 of the Session Laws of 1953 is hereby amended by striking out the words "five (5)" immediately following the word "and" and preceding the word "members" in line two, and striking out the words "and there shall also be a primary election as hereinafter set out" in line four of said Section.

Sec. 3. Section 13 of Chapter 1261 of the Session Laws of 1953 is hereby rewritten to read as follows:

"Sec. 13. Regulation of Elections. All elections shall be conducted in accordance with the general State laws relating to municipal elections, except as otherwise provided herein, and the elections shall be held as follows:

"(a)      Notice of Candidacy. Any person desiring to become a candidate for the office of mayor or commissioner, shall at least ten (10) days before the election, file with the town clerk a statement of such candidacy in substantially the following form:

"I, _______________________, hereby give notice that I am a qualified voter and am a resident of the Town of Selma, North Carolina; that I am a candidate for the office of ______________________, to be voted upon at the election to be held on the _______ day of ____________, 19____, and I hereby request that my name be printed upon the official ballot for such office.

                                              (Signed) ______________________________.

Each candidate for the office of mayor shall at the same time pay to the clerk, to be turned over to the town treasurer, the sum of ten dollars ($10.00); candidates for the other elective offices shall pay to the clerk the sum of five dollars ($5.00).

"(b)      Publication of Names. Immediately upon the expiration of the time for filing the notice of candidacy, the town clerk shall post the names of persons who have qualified to enter said election at a public place in the mayor's office or town hall.

"(c)      Ballots Prepared. The clerk shall thereupon cause the ballots to be printed, authenticating with his signature or a facsimile of his signature. Upon the ballots the names of the candidates for mayor, arranged alphabetically, shall be placed with a square at the left of each name and immediately below the words 'vote for one'. Following the names, likewise arranged in alphabetical order, shall appear the names of the candidates for commissioners, with a square at the left of each name, and above the names of such candidates shall appear the number of offices to be filled.

"(d)      Distribution of Ballots. The town clerk shall cause to be delivered at the polling place a sufficient number of the printed ballots equal at least to twice the number of votes cast in the preceding municipal election.

"(e)      Ballots Counted. Judges of election shall, immediately upon the closing of the polls, count the ballots and ascertain the number of votes cast in such election for each of the candidates, and make returns thereof to the town clerk upon blanks to be furnished by the clerk.

"(f)      Returns Canvassed. On the day following the election, the town clerk, under the supervision and direction of the mayor, shall canvass such return and declare the result thereof. The canvass by the town clerk shall be publicly made."

Sec. 4. Section 14 of Chapter 1261 of the Session Laws of 1953 is hereby amended by striking out the word "primary" immediately following the word "the" and immediately preceding the word "at" in line 12 and by striking out the words "primary election" immediately following the word "the" and immediately preceding the word "election" in line 13 of said Section, and substituting in lieu thereof the word "election".

Sec. 5. Section 15 of Chapter 1261 of the Session Laws of 1953 is hereby amended by striking out the words "primary and" immediately following the word "the" in line four and immediately preceding the word "general" in line five of said Section.

Sec. 6. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 7. This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 24th day of March, 1959.