NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 79

HOUSE BILL 234

 

 

AN ACT TO AMEND CHAPTER 539 OF THE SESSION LAWS OF 1943 RELATING TO ELECTIONS IN THE TOWN OF BENSON.

 

The General Assembly of North Carolina do enact:

 

Section 1. Chapter 539 of the Session Laws of 1943, as amended, is hereby further amended by rewriting Sections 3, 4, and 5 thereof to read as follows:

"Sec. 3. The governing body shall consist of a Mayor and four (4) Commissioners, elected by and from the qualified voters of the town voting at large. Regular elections for the offices of Mayor, Town Constable and members of the Board of Commissioners shall be held biennially on the Tuesday after the first Monday in May, beginning in 1967. In each biennial election, there shall be elected a Mayor and a Town Constable to serve for terms of two (2) years each, or until their successors are elected and qualified, and two (2) Commissioners to serve for terms of four (4) years, or until their successors are elected and qualified: provided, that in the regular 1967 election there shall be elected four (4) Commissioners, and the two (2) candidates for Commissioner who receive the largest numbers of votes cast for Commissioner shall serve for terms of four (4) years or until their successors are elected and qualified, and the two (2) candidates for Commissioner who receive the next largest numbers of votes cast for Commissioner shall serve for terms of two (2) years or until their successors are elected and qualified. Except as provided in this Act, town elections shall be conducted in accordance with the general laws relating to municipal elections.

"Sec. 4. The registration book shall be opened at nine o'clock a. m. on the fourth Friday preceding the day of election, and shall close at six o'clock p. m. on the second Friday preceding the day of election. The registrar shall keep the registration book at the polling place from nine o'clock a. m. until six o'clock p. m. on each Saturday during the registration period. The second Saturday preceding the day of election shall be challenge day.

"Candidates for town offices shall file with the Town Clerk notice of candidacy not earlier than ten o'clock a. m. on the first Monday in April and not later than six o'clock p. m. on the third Monday in April preceding the town election in May; such notice shall be accompanied by payment of a filing fee in such amount as may be fixed by the Board of Commissioners.

"Town elections shall be conducted by a registrar and two judges of election appointed by the Board of Commissioners to serve at the Board's pleasure. The compensation of the registrar and judges shall be fixed by the Board of Commissioners.

"The ballots to be used in town elections shall be prepared by or at the direction of the Town Clerk, under his signature, and shall be presented by him to the registrar for use on the day of election.

"Sec. 5. On Wednesday following each town election, the registrar and judges shall canvass the vote and shall make return thereof, under their hands and seals, to the Town Clerk, who shall retain said return and make a permanent record thereof in the official minutes of the town, and shall post a copy thereof at the Town Hall for a period of at least ten (10) days beginning on Wednesday following the day of election."

Sec. 2. The following Acts and portions of Acts are hereby repealed:

(a)       Sections 1, 2, and 3 of Chapter 404 of the Session Laws of 1947;

(b)       Section 1 of Chapter 316 of the Session Laws of 1955;

(c)       Chapter 529 of the Session Laws of 1961;

(d)       Chapter 588 of the Session Laws of 1961.

Sec. 3. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 4. This Act shall be effective upon its ratification.

In the General Assembly read three times and ratified, this the 22nd day of March, 1967.