NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

CHAPTER 1113

SENATE BILL 710

AN ACT TO PROVIDE FOR THE NONPARTISAN ELECTION OF THE HENDERSON COUNTY BOARD OF EDUCATION.

The General Assembly of North Carolina do enact:

Section 1. The Board of Education of Henderson County shall consist of seven members who shall be elected by the qualified voters of the entire county. The election shall be nonpartisan and shall be held at the same time as the regular primary election is held for county officers. The election shall be held and conducted insofar as is practicable by the County Board of Elections in accordance with the general election laws of the State, except as otherwise provided herein.

Sec. 2. All candidates shall file for office within the time required by law for county officers to file in primaries. No filing fee shall be required. The names of all persons filing for membership on the Henderson County Board of Education shall be placed on the ballot without party designation.

Sec. 3. The terms of office of William McKay and Mrs. J. O. Bell, members of the present Henderson County Board of Education, which expire in April, 1969 are hereby extended to the first Monday in December of 1970 or until their successors qualify. The terms of office of L. C. Youngblood and Robert Greer, members of the present Henderson County Board of Education, which expire in April, 1971 are hereby extended to the first Monday in December, 1972, or until their successors qualify. The terms of office of J. T. Fain, Jr., Boyce A. Whitmire, and Harvey A. Gale which expire in April, 1973 are extended to the first Monday in December, 1974, or until their successors qualify.

Sec. 4. In the election held in 1970 the two persons receiving the highest number of votes shall be declared elected, and no person shall be entitled to call for a second election. In the election held in 1972 the two persons receiving the highest number of votes shall be declared elected, and no person shall be entitled to call for a second election. In the election held in 1974 the three persons receiving the highest number of votes shall be declared elected, and no person shall be entitled to call for a second election.

Sec. 5. All persons elected pursuant to this Act shall serve for terms of six years or until their successors are elected and qualify, and shall take office on the first Monday in December following their election.

Sec. 6. Biennially, after 1974, there shall be held an election for the three or two vacancies, as the case may be, occurring on said Board.

Sec. 7. Any vacancy occurring on the present Henderson County Board of Education, or on any subsequent Board, by death, resignation, or otherwise, shall be filled by the remaining members of the Board, and the person so chosen shall fill and serve out the unexpired term and until his successor shall be elected and qualify.

Sec. 8. At the first meeting of the Henderson County Board of Education held after December 1, 1970, and biennially thereafter, the members of said Board shall elect one of its members as Chairman, who shall serve for a period of two years.

Sec. 9. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 10. 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 4th day of July, 1967.