NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 282

HOUSE BILL 759

 

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

 

The General Assembly of North Carolina enacts:

 

Section 1. The Board of Education of Guilford County shall consist of five members who shall be residents of the Guilford County Administrative Unit and who shall be elected at large by the qualified voters of the administrative unit for terms of four years each.

Sec. 2. The incumbent members of the Guilford County Board of Education shall continue to hold office until their respective terms shall expire.

Sec. 3. At the time of the general election to be held in November, 1976, three members of the Guilford County Board of Education shall be elected in a nonpartisan election conducted by the Guilford County Board of Elections, each for a four-year term, commencing the first Saturday in April, 1977. At the general election to be held in November, 1978, two members shall be so elected for four-year terms commencing the first Saturday in April, 1979. As terms expire thereafter, members of the Guilford County Board of Education shall be elected in nonpartisan elections at the time of the general elections in November and all terms shall commence on the succeeding first Saturday in April.

Sec. 4. Candidates for the office of member of the Guilford County Board of Education shall file a notice of candidacy without declaring political affiliation and pay a filing fee of five dollars ($5.00) with the Guilford County Board of Elections at the same time required by law for county officers to file in primaries.

The filing fee stipulated in this act shall not apply unless the provisions of G.S. 163-107 are reestablished consistent with the ruling of the District Court of the United States for the Western District of North Carolina in Brown V. North Carolina State Board of Elections, et al.

The candidates receiving the highest number of votes in the election shall be declared elected and there shall be no runoff. Those persons elected shall take the oath of office at any time before the commencement of their terms of office.

Sec. 5. Any vacancy occurring on the Guilford County Board of Education shall be filled for the unexpired term by the remaining members within 30 days of the vacancy. Any vacancy occurring after a member has been elected but before the beginning of the elected term shall be filled for the term by the members of the board of education with whom the member causing the vacancy would have served within 30 days of the commencement thereof. Vacancies not filled in any of such events within the required 30 days shall thereafter be filled by the appointment of the State Board of Education.

Sec. 6. The rights, duties and responsibilities of the Guilford County Board of Education, including requirements of eligibility for membership thereon, shall otherwise be governed by the General Statutes of North Carolina and local modifications thereof applicable to the Guilford County Administrative Unit as are in effect at the time of the enactment hereof and as may be hereafter enacted.

Sec. 7. From and after the effective date of this enactment, the Guilford County Board of Education shall have no further power or authority to make appointments to or fill vacancies on the Greensboro City Board of Education.

Sec. 8. All laws and clauses of laws in conflict herewith are hereby repealed.

Sec. 9. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 13th day of May, 1975.