NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 322

HOUSE BILL 788

 

 

AN ACT TO PROVIDE FOR A NONPARTISAN PRIMARY AND ELECTION FOR THE BOARD OF EDUCATION OF MONTGOMERY COUNTY.

 

The General Assembly of North Carolina enacts:

 

Section 1.  In the year 1980, and at each election thereafter as the terms of the members expire, the members of the Montgomery County Board of Education shall be nominated in a nonpartisan primary which shall be held at the same time as the regular primary for county officers.  Candidates shall file at the same time as other county officers, but no party affiliation shall appear on the notice of candidacy or on the ballot in the primary or general election. The names of the nominees shall be printed on the general election ballot in 1980, and biennially thereafter and the persons elected shall take the place of the members whose terms expire and they shall serve for a term of four years.  All members shall be nominated and elected by the voters of the entire county.

If three or more candidates file for any seat, a primary shall be held at the time of the county primary. The two persons receiving the highest number of votes in the primary shall be placed on the ballot in the general election.

If two or less candidates file for any seat, there shall be no primary, and the names of any candidates who file for the seat shall be placed on the ballot for the general election.

The results of the general election shall be determined by the same method as G.S. 163-292.

Sec. 2. One member of the board of education shall be a resident of each of the five school attendance areas of Montgomery County, as follows: the attendance areas of Star, Biscoe, Candor, Mount Gilead, and Troy.

At the general election to be held in Montgomery County in 1980, there shall be elected two members of the board of education, one each from the Star and Biscoe school attendance areas, who shall hold office for a term of four years and until their successors are elected and qualified.

At the general election to be held in Montgomery County in 1982, there shall be elected three members of the board of education, one each from the Candor, Mount Gilead and Troy school attendance areas who shall hold office for a term of four years and until their successors are elected and qualified.

Thereafter and biennially there shall be elected at general elections members of the board of education to take the place of the members whose terms next expire, and the persons so elected shall serve for terms of four years.

Sec. 3. The persons elected at the 1976 primary election shall serve until the first Monday in December, 1980.

Sec. 4. The persons elected in the 1978 primary shall serve until the first Monday in December, 1982.

Sec. 5. Vacancies in the membership of the board by death, resignation or otherwise shall be filled as provided in G.S. 115-24, except as provided in Section 6 of this act.

If any candidate nominated on a nonpartisan basis shall die, resign or for any reason a vacancy in the nomination should occur between the date of his nomination and the general election, such vacancy in the nomination shall not be filled unless it leaves no person on the ballot for such seat, in which case, there shall be no election for that seat in that year, and the board of education shall, in December, appoint a person to serve as provided in G.S. 115-24.

Sec. 6. In the event a vacancy should occur during the period beginning 10 days before the filing period ends and closing 30 days before the ensuing general election in a year when an election is not being held to elect a member for the position in which the vacancy occurs, the board of education shall appoint someone to fill the remainder of the unexpired term.

Sec. 7. The provisions of Article 5, Chapter 115 of the General Statutes, shall apply to the Montgomery County Board of Education except as modified by this act.

Sec. 8. Sections 1 and 2, Chapter 61, Session Laws of 1973, are repealed.

Sec. 9. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 10th day of April, 1979.