NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 979

HOUSE BILL 1702

 

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

 

The General Assembly of North Carolina enacts:

 

Section 1. The Caswell County Board of Education shall consist of five members who shall be elected for staggered terms of four years as hereinafter provided. For the purpose of electing members to the Board of Education, the following residential districts are created and one member shall be elected from each district:

District No. 1 to consist of Yanceyville Township

District No. 2 to consist of Milton and Dan River Townships

District No. 3 to consist of Pelham and Locust Hill Townships

District No. 4 to consist of Stoney Creek and Anderson Township

District No. 5 to consist of Hightower and Leasburg Townships.

Sec. 2. The election for members of the County Board of Education shall be non-partisan and no party affiliation shall be shown. The election shall be held at the same time of the regular primary to be held in 1974, and thereafter, as the terms of the members expire at the same time of the regular primary. No primary election shall be held. Candidates shall be residents of the district they seek to represent, but shall be elected by the voters of the entire county. A candidate from each district must receive a majority of the number of votes cast to be declared elected. In the event of a failure of a candidate to receive a majority of the number of votes cast, then the receiver of the highest number of votes may be called to a run-off election by the receiver of the second highest number of votes cast as provided in primary elections.

Sec. 3. Beginning with the election to be held at the time of the regular county primary in 1974, members shall be elected for Districts No. 2, 3 and 4, to serve for terms of four years. Thereafter, as their terms expire, their successors shall be elected for terms of four years.

At the election to be held at the time of the county primary in 1976, members shall be elected for Districts No. 1 and 5, and the persons elected shall serve for terms of four years. Thereafter, as their terms expire, their successors shall be elected for terms of four years.

Sec. 4. The terms of the incumbent members of the County Board of Education, Herbert L. Seagrove, C. H. Barker, K. J. Loftis, H.L. Oliver and James T. Ashby, shall not be affected by this act.

Sec. 5. Members elected under this act shall take office on the first Monday in December following their election. Failure of those persons elected to qualify within 30 days from the first Monday in December following their election shall constitute a vacancy, and the failure of a person appointed to fill a vacancy to qualify within 30 days after the appointment shall constitute a vacancy. A vacancy occurring on the Board of Education for any reason shall be filled by majority vote of the remaining members. In case of a tie vote, the Chairman of the Board of County Commissioners shall vote to break the tie.

Sec. 6. Any person who has filed as a candidate for the Board of Education prior to the ratification of this act, shall not be required to refile, but his notice of candidacy shall be deemed to be a non-partisan filing.

Sec. 7. Filing deadline for the members of the County Board of Education shall be the same as other local offices. Filing by candidates shall be with the local board of elections.

Sec. 8. This act shall become effective upon ratification.

Sec. 9. All local acts in conflict with this bill are hereby repealed.

In the General Assembly read three times and ratified, this the 13th day of March, 1974.