GENERAL ASSEMBLY OF NORTH CAROLINA

1989 SESSION

 

 

CHAPTER 293

HOUSE BILL 770

 

AN ACT CODIFYING THE NEW METHOD OF ELECTION FOR THE GRANVILLE COUNTY BOARD OF COMMISSIONERS 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 Commissioners shall be enlarged from five to seven members.  One commissioner shall be elected from each of the seven districts described in Section 6, according to the schedule in Sections 3, 4 and 5.  Only voters residing in a district may vote in the primaries and elections for that district, and only persons residing in a district may be candidates for or serve as commissioner for that district.  Except as provided below, all commissioners shall serve four-year terms.  Primaries and elections for the Board of Commissioners shall be conducted according to general State law.

Sec. 2.  The commissioners elected in 1984 and 1986 are entitled to serve the remainder of the terms for which they were elected.  Because the regularly scheduled 1988 election was enjoined, the commissioners elected in 1984 shall continue to hold over until the new commissioners elected in the 1989 special election take office.  Those commissioners are J. David Brooks, L. Sam Daniel, and Samuel W. Daniel.  The two commissioners elected in 1986, W. E. Averette and R. Wayne Newton, shall serve until their terms expire in 1990 and the new commissioners elected in that year take office.  Following the 1989 special election, W. E. Averette shall be designated as the commissioner representing the Brassfield/Dutchville East of I-85 District and R. Wayne Newton as the commissioner representing the Sassafras Fork/Salem/East Oxford District.

Sec. 3.  In the 1989 special election one commissioner each will be elected from the following districts:

South Oxford/Fishing Creek

Oxford/North Oxford

Oak Hill/Walnut Grove/Tally Ho/Sassafras Fork

Tally Ho/Brassfield/Fishing Creek.

The commissioners elected from these districts in 1989 will serve terms to expire in 1992.  Their successors shall be elected in 1992 and every four years thereafter at the time set by general State law.

Sec. 4.  In the 1989 special election one commissioner also will be elected from the Dutchville West of I-85 District.  The commissioner elected from that district will serve a term to expire in 1990.  The successor to that seat shall be elected in 1990 and every four years thereafter at the time set by general State law.

Sec. 5.  In 1990 and every four years thereafter, in addition to the election for the Dutchville West of I-85 District, one commissioner each shall be elected from the following districts:

Sassafras Fork/Salem/East Oxford

Brassfield/Dutchville East of I-85.

Sec. 6.  The seven election districts are:

(1)       Oak Hill/Walnut Grove/Tally Ho/Sassafras Fork District. - 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)       Sassafras Fork/Salem/East Oxford District. - 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 along Henderson Street to Front Street, then southwest along Front Street to Hancock Street, then south along Hancock Street to a point where Mimosa Street would intersect with Hancock Street if extended, then southwest to and along Mimosa Street to its intersection with Linden Avenue, then northwest along Linden Avenue to Hillsboro Street, then northeast along Hillsboro Street to College Street, then north along College Street to Forest Avenue, then east along Forest Avenue to Lanier Street, then south along Lanier Street to Williamsboro Street, then east and southeast along Williamsboro Street (Highway 158) 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)       Oxford/North Oxford District. - 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 to College Street, then north along College Street to Forest Avenue, then east along Forest Avenue to Lanier Street, then south along Lanier Street to Williamsboro Street, then east and southeast along Williamsboro Street (Highway 158) 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)       South Oxford/Fishing Creek District. - 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 Mimosa Street, then east along Mimosa Street and along a line following the same direction as Mimosa Street to Hancock Street, then north along Hancock Street 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)       Tally Ho/Brassfield/Fishing Creek District. - 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)       Brassfield/Dutchville East on I-85 District. - 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)       Dutchville West of I-85 District. - All of Dutchville Township lying west of Interstate 85.

Sec. 7.  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. 8.  The following local acts concerning the election of the Granville County Board of Commissioners are repealed:  Chapter 341, Public-Local Laws of 1939; Section 1 of Chapter 158, Session Laws of 1955; and Chapter 1022, Session Laws of 1967.

Sec. 9.  This act is intended to codify without change the new election method ordered for the Granville County Board of Commissioners by the United States District Court for the Eastern District of North Carolina in McGhee, et al., v. Granville County, et al., No. 87-29-CIV-5 (October 31, 1988, and January 13, 1989).  In compliance with the court's order in that case, the first primary for the 1989 special election is being held on April 11, 1989; the second primary, if needed, on May 2, 1989; the general election on May 23, 1989; and the new commissioners will take office as soon as possible after the results are certified but no later than June 6, 1989.

Sec. 10.  This act is effective upon ratification.

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