NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

CHAPTER 433

HOUSE BILL 482

AN ACT PROVIDING FOR THE ELECTION OF MEMBERS OF THE MOORE COUNTY BOARD OF EDUCATION AND FIXING THEIR TERMS OF OFFICE.

The General Assembly of North Carolina do enact:

Section 1. That Section 2 of Chapter 76, Session Laws of 1943 as rewritten by Section 2 of Chapter 596, Session Laws of 1957, be and the same is hereby amended by adding at the end thereof the following:

"(a)      The names of the persons so nominated by each political party from the respective five districts shall be placed on the official county ballots of Moore County, with the district from which each candidate is nominated appearing opposite his name, and the candidates so nominated from the respective districts shall be voted upon by the qualified voters of the county at large at the general election to be held in said county in 1960, and biennially thereafter. The candidate from each of the five districts receiving the highest number of votes in the general election shall be declared elected to represent his respective district as a member of the Moore County Board of Education. The members of the board of education elected at the general election in the year 1960 shall qualify by taking the oath of office on the first Monday in December next succeeding their election. A failure to qualify within that time shall constitute a vacancy. Those persons elected or appointed to fill a vacancy must qualify within thirty (30) days after their appointment or election, and a failure to qualify within that time shall constitute a vacancy.

"(b)      The members of said board elected at the general election in the year 1960 shall hold office for a period of two years from and after the first Monday in December, 1960, and until their successors are chosen and qualified, and their successors shall be chosen for terms of two years each.

"(c)      Any vacancy occurring in said board of education by death, resignation or otherwise, shall be filled as is now provided by State law for the filling of vacancies in county boards of education, but such person appointed to fill the vacancy shall be from the same district as the person whose death, resignation or removal created the vacancy on the board. If a person who has been nominated as a candidate from any district dies or removes himself or for any other reason cannot be a candidate in the general election, a candidate shall be appointed from the district which such person represented by the executive committee of the political party of which the dead or disqualified candidate was a member. Such appointee shall have his name placed upon the ballot to be voted upon in the general election the same as any candidate who has been nominated in a primary.

"(d)      If there is no candidate from any district, this shall constitute a vacancy which shall be filled as hereinabove provided."

Sec. 2. All laws and clauses of laws in conflict with the provisions of of this Act are hereby repealed.

Sec. 3. 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 5th day of May, 1959.