NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 498

HOUSE BILL 665

 

 

AN ACT TO AMEND THE CHARTER OF THE CITY OF MONROE SO AS TO PROVIDE FOR THE HOLDING OF PRIMARY ELECTIONS FOR THE NOMINATION OF CANDIDATES FOR THE GENERAL MUNICIPAL ELECTIONS FOR SAID CITY.

 

The General Assembly of North Carolina do enact:

 

Section 1. That the Charter of the City of Monroe, in Union County, North Carolina, be and the same is hereby further amended in the following respects so as to provide for primary elections for the nomination of the elective officials of the City of Monroe:

(1)       Nomination by Primaries. All candidates to be voted for at all municipal elections, at which time a mayor, alderman, or any other elective officers are to be elected under the provisions of the Charter of the City of Monroe, shall be nominated by a primary election, and no other names shall be placed upon the general ballot except those nominated in such primary in the manner hereinafter prescribed.

(2)       How Primaries Held. The primary election for such nominations shall be held on the third Saturday of April preceding general municipal elections. The judges and other officers of elections appointed for the general election shall, whenever practicable, be the judges of the primary election, and it shall be held at the same place and in the same manner and under the same rules and regulations and subject to the same conditions and the polls to be opened and closed at the same hours, as are required for the general election.

(3)       Notice of Candidacy. Any person desiring to become a candidate for nomination by the primary for the office of mayor or alderman or any other elective office shall, at least 15 days prior to the primary election, file with the clerk a statement of such candidacy in substantially the following form:

"STATE OF NORTH CAROLINA)

COUNTY OF UNION                        )

I,.................................. , hereby give notice that I reside at .......................  Street, City of Monroe, County of Union, State of North Carolina; and I am a candidate for nomination to the office of (mayor, or alderman, or other office) to be voted upon at the primary election to be held on the third Saturday of April, 19   , and I hereby request that my name be printed upon the official ballot for the nomination by such primary election for such office.

                                                                        (Signed)................................................................. "

And he shall at the same time pay to the clerk, to be turned over to the city treasurer, the sum of five dollars ($5.00).

(4)       Publication of Names. Immediately upon the expiration of the time for filing the petition of candidates, the city clerk shall cause to be published once weekly for two successive weeks in a weekly newspaper of general circulation in the city, in proper form, the names of the persons as they are to appear upon the primary ballots.

(5)       Ballots Prepared. The clerk shall thereupon cause the primary ballots to be printed, authenticated with a facsimile of his signature. Upon the ballot the names for 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 these names, likewise arranged in alphabetical order, shall appear the names of the candidates for alderman, with a square at the left of each name, and below the names of such candidates shall appear the words, "vote for four". Like provision shall be made for the names of candidates for each other elective office provided by the Monroe City Charter. The ballots shall be printed upon plain, substantial white paper and shall be headed: "Candidates for Nomination for Mayor and Aldermen of the City of Monroe, North Carolina, at the Primary Election."

(6)       Form of Ballots. The ballots shall be in substantially the following form:

(Place a cross in the square preceding the names of parties you favor as candidates for the respective offices.)   Official primary ballot. Candidates for nomination for Mayor and Aldermen and other offices (naming them) of the City of Monroe, at the primary election.

For Mayor (naming candidates). (Vote for one.)

For Alderman (names of candidates). (Vote for four.)

Official ballot. Attest:

(Signature).................................................................. City Clerk.

(7)       Distribution of Ballots: Having caused ballots to be printed, the city clerk shall cause to be delivered at each polling place a number of ballots equal to twice the number of votes cast in such polling precinct at the last general municipal election for mayor.

(8)       Who Entitled to Vote. The persons who are qualified to vote at the succeeding general municipal election shall be qualified to vote at such primary election, and shall be subject to challenge made by any resident of the city, under such rules as may be prescribed by the board of aldermen, and such challenge shall be passed upon by the judges of election and registrars: Provided, however, that the law applicable to challenge at a general municipal election shall be applicable to challenge made at such primary election.

(9)       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 precincts for each of the candidates, and make return thereof to the city clerk, upon blanks to be furnished by the clerk, within six hours of the closing of the polls.

(10)     Returns Canvassed. On the day following the primary election the city clerk, under the supervision and direction of the mayor and board of aldermen, shall canvass such returns so received from all the polling precincts and shall make and publish in some newspaper of general circulation in the city, at least once, the result thereof. The canvass by the city clerk and board of aldermen shall be publicly made. Provided, nevertheless, that the city clerk, under the supervision and direction of the mayor and board of aldermen, may canvass such returns so received from all the polling precincts on the first Monday following the day of said primary election.

(11)     Who to be Candidates. The two candidates receiving the highest number of votes for mayor, and the five candidates receiving the highest number of votes for aldermen, and the two candidates receiving the highest number of votes for any other elective office, shall be the candidates, and the only candidates, whose names shall be placed upon the ballot for mayor, alderman or other elective offices at the next succeeding general municipal election and the candidate for mayor and the four candidates for aldermen, and the candidate for any other elective office receiving the highest number of votes in the general election shall be declared duly elected: Provided, however, if any candidate for mayor shall receive a majority of all the votes cast for mayor, or if any four candidates for aldermen shall each receive a majority of all votes cast for aldermen, or if any candidate for any other elective office shall receive a majority of the votes cast for any other elective office in such primary election, then only the names of such candidate for mayor and the four candidates receiving the largest number of votes for office of alderman and the candidate for any other elective office receiving such majority of the votes so cast shall be placed upon the ballot for mayor and alderman and other elective office, respectively, at the next succeeding general municipal election to be held for the City of Monroe on Tuesday after the first Monday in May, 1961, and biennially thereafter.

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 12th day of May, 1959.