GENERAL ASSEMBLY OF NORTH CAROLINA

1989 SESSION

 

 

CHAPTER 292

HOUSE BILL 769

 

AN ACT CODIFYING THE NEW METHOD OF ELECTION FOR THE GRANVILLE COUNTY BOARD OF EDUCATION ORDERED BY THE UNITED STATES DISTRICT COURT.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Following the 1989 special election ordered by the United States District Court for the Eastern District of North Carolina, the Granville County Board of Education shall consist of seven members.  One member shall be elected from each of the seven districts described in Section 10, according to the schedule in Sections 3, 4, 5 and 8.  Only voters residing in a district may vote in the elections for that district, and only persons residing in a district may be candidates for or serve as the Board of Education member for that district.  Except as provided below, all members shall serve six-year terms, elections shall be held in even-numbered years at the same time as primaries for county offices, and newly elected board members shall take office at the time set by State law.

Sec. 2.  Elections for the Board of Education shall continue to be nonpartisan.  To be elected, a candidate must receive a majority of the votes cast in the district.  If no candidate receives a majority of the votes cast, the candidate receiving the second highest number of votes in the district shall be entitled to request a run-off according to the provisions of State law.  The run-off shall be held at the same time as the second primary for county offices.

Sec. 3.  In the 1989 special election one board member each will be elected from Districts 3 and 4.  The members elected from these districts in 1989 will serve terms to expire in 1994.

Sec. 4.  In the 1989 special election one board member also will be elected from District 6.  The member elected from that district will serve a term to expire in 1990.

Sec. 5.  In the 1989 special election one board member also will be elected from District 7.  The member elected from that district will serve a term to expire in 1992.

Sec. 6.  Following the 1989 special election, incumbent board member Clark shall be designated as the board member representing District 1 until 1990, when her term shall expire; incumbent board member Lumpkins shall be designated as the board member representing District 2 until his term expires in 1990; and incumbent board member Land shall be designated as the board member representing District 5 until his term expires in 1992.

Sec. 7.  The terms of incumbent board members Cox, Lemons, Hancock and Young shall all expire in 1989 as the new members elected in the special election take office.

Sec. 8.  In 1990 and every six years thereafter board members shall be elected from Districts 1, 2 and 6.  In 1992 and every six years thereafter board members shall be elected from Districts 5 and 7.  In 1994 and every six years thereafter board members shall be elected from Districts 3 and 4.

Sec. 9.  Any vacancy on the Board of Education shall be filled by a person appointed by the remaining members of the board.  The person appointed to fill the vacancy must reside in the same district as the departing member.

Sec. 10.  The seven election districts are:

(1)       District 1 - All of Oak Hill Township, all of Walnut Grove Township, the portion of Tally Ho Township lying north of State Road 1139, and the portion of Sassafras Fork Township lying south of State Road 1430 and west of Highway 15 outside Stovall (1980 Census Enumeration District 376U).

(2)       District 2 - Those portions of Salem Township, Sassafras Fork Township and Oxford Township lying within the area beginning at the intersection of the northwest corner of Sassafras Fork Township and the North Carolina State boundary, and moving in a clockwise direction east along the North Carolina State boundary to the northeast corner of Sassafras Fork Township, then southwest and south along the Vance County boundary to the intersection of the southeast corner of Oxford Township and the northeast corner of Fishing Creek Township, then west along the Oxford Township boundary to the boundary of the City of Oxford, then south along the boundary of the City of Oxford to Henderson Street (State Road 1602), then west and southwest along Henderson Street to Front Street, then west and southwest along Front Street to Linden Avenue, then northwest along Linden Avenue to Hillsboro Street, then northeast along Hillsboro Street and Williamsboro Street to a point 200 feet southwest of the intersection of the southeast corner of Pine Cone Drive and Williamsboro Street, then northwest then northeast then southeast along a line parallel to and 200 feet from Pine Cone Drive (encircling Pine Cone Drive to include all the homes on that street within this district) until intersecting with State Road 1522 at a point directly east of the northeastern corner of Pine Cone Drive, then northeast along State Road 1522 to the boundary between Oxford Township and Salem Township, then northwest and north along the Oxford Township boundary to Highway 15, then north along Highway 15 to the boundary of the Town of Stovall, then northwest along the boundary of the Town of Stovall to State Road 1430, and then west along State Road 1430 to the western boundary of Sassafras Fork Township, then north along the western boundary of Sassafras Fork Township to the North Carolina State boundary.

(3)       District 3 - Those portions of Oxford Township and Fishing Creek Township lying within the area beginning in the City of Oxford at the intersection of Hillsboro Street and Linden Avenue, and moving in a counterclockwise direction northeast along Hillsboro Street and Williamsboro Street to a point 200 feet southwest of the intersection of the southeast corner of Pine Cone Drive and Williamsboro Street, then northwest then northeast then southeast along a line parallel to and 200 feet from Pine Cone Drive (encircling Pine Cone Drive to exclude all homes on that street from this district) until intersecting with State Road 1522 directly east of the northeastern corner of Pine Cone Drive, then northeast along State Road 1522 to the boundary between Oxford Township and Salem Township, then northwest and north along the Oxford Township boundary to Highway 15, then north along Highway 15 to the northeast corner of Oxford Township, then west along the Oxford Township boundary to the northwest corner of Oxford Township, then south along the Oxford Township boundary to the southwest corner of Oxford Township, then east along the Oxford Township boundary to the City of Oxford, then south along the boundary of the City of Oxford to Hillsboro Street, then northeast along Hillsboro Street to the intersection of Hillsboro Street and Linden Avenue.

(4)       District 4 - Those portions of Oxford Township and Fishing Creek Township lying within the area beginning at the intersection of Hillsboro Street and the western boundary of the City of Oxford, and moving in a clockwise direction northeast along Hillsboro Street to Linden Avenue, then south along  Linden Avenue to Front Street, then east along Front Street to Henderson Street, then east along Henderson Street (State Road 1602) to the Fishing Creek Township boundary, then north and east along the Fishing Creek Township boundary to the Vance County boundary, then south along the Vance County boundary to State Road 1620, then west along State Road 1620 to State Road 1619, then northwest along State Road 1619 to State Road 1622, then north along State Road 1622 to State Road 1643, then west along State Road 1643 to Highway 96, then north along Highway 96 to the southern boundary of the City of Oxford, then northwest along the boundary of the City of Oxford to Hillsboro Street.

(5)       District 5 - Those portions of Tally Ho Township, Fishing Creek Township and Brassfield Township lying within the area beginning at the intersection of State Road 1139 and the Person County boundary, and moving in a clockwise direction northeast along State Road 1139 to the northwest corner of Fishing Creek Township and the southwest corner of Oxford Township, then east along the Fishing Creek Township boundary to the western boundary of the City of Oxford, then east and southeast along the boundary of the City of Oxford to the intersection of Highway 96 and Interstate Highway 85, then south along Highway 96 to State Road 1643, then east along State Road 1643 to State Road 1622, then south along State Road 1622 to State Road 1619, then southeast along State Road 1619 to State Road 1620, then east along State Road 1620 to the Vance County boundary, then south along the Vance County boundary to Highway 56, then west along Highway 56 to State Road 1636, then north along State Road 1636 to State Road 1129, then west along State Road 1129 to the Dutchville Township boundary, then north and west along the Dutchville Township boundary to the Durham County boundary, then north along the Durham and Person County boundary to State Road 1139.

(6)       District 6 - All of Dutchville Township lying east of Interstate Highway 85, and the portion of Brassfield Township lying south of the line beginning at the intersection of State Road 1129 and the Dutchville/Brassfield Township boundary, then east along State Road 1129 to State Road 1636, then south along State Road 1636 to Highway 56, then east along Highway 56 to the Franklin County boundary.

(7)       District 7 - All of Dutchville Township lying west of Interstate 85.

Sec. 11.  Following the 1990 census and any subsequent federal census, the election districts described above may be altered as necessary to comply with the requirements of equal representation.  Any such changes shall also comply with the Voting Rights Act of 1965.

Sec. 12.  Sections 2 through 6 of Chapter 775 of the Session Laws of 1961, those sections being the election provisions of the act merging the Granville County and Oxford school systems, are repealed.

Sec. 13.  This act is intended to codify without change the new election method ordered for the Granville County Board of Education by the United States District Court for the Eastern District of North Carolina in United States v. Granville County Board of Education, et al., No. 87-353-CIV-5 (February 17, 1989).  In compliance with the court's order in that case, the 1989 special election is being held on April 11, 1989; the run-offs, if needed, on May 2, 1989; and the new board members will take office at the first board meeting in June 1989.

Sec. 14.  This act is effective upon ratification.

In the General Assembly read three times and ratified this the 12th day of June, 1989.