GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
SESSION LAW 2015-35
HOUSE BILL 110
AN ACT to provide for the partisan election of the members of the CHEROKEE, RUTHERFORD, CLAY, AND DAVIE COUNTY BOARDS OF EDUCATION, AND THE IREDELL-STATESVILLE SCHOOLS BOARD OF EDUCATION.
The General Assembly of North Carolina enacts:
SECTION 1.(a) Section 8 of Chapter 502 of the 1975 Session Laws is repealed.
SECTION 1.(b) Section 2 of Chapter 502 of the 1975 Session Laws reads as rewritten:
"Sec. 2. The Board of
Education of Cherokee County shall consist of seven members, all of whom shall
be elected by the voters of the entire county. There shall be no primary
election."
SECTION 1.(c) Section 10 of Chapter 502 of the 1975 Session Laws reads as rewritten:
"Sec. 10. All
vacancies occurring in the membership of the on the Board of
Education of Cherokee County by death, resignation, removal from office, or change
of residence, or otherwise, for positions elected on a nonpartisan
basis in 2012 or 2014 shall be filled within 20 days of such vacancy by the
remaining members of said board of education and for the unexpired term."
SECTION 1.(d) Beginning in 2016, members of the Cherokee County Board of Education shall be elected on a partisan basis at the time of the general election in each even‑numbered year as terms expire. Candidates for election to the Cherokee County Board of Education shall be nominated at the same time and manner as other county officers. Members elected shall take office and qualify on the first Monday in December of the year of their election and the terms of their predecessors shall expire at that same time. Vacancies on the Cherokee County Board of Education for positions elected on a partisan basis shall be filled in accordance with G.S. 115C‑37.1.
SECTION 1.(e) This act does not affect the terms of office of any person elected in 2012 or 2014 to the Cherokee County Board of Education.
SECTION 2.(a) Section 4 of Chapter 359 of the 1973 Session Laws, as amended by Chapter 1165 of the 1977 Session Laws, Chapter 95 of the 1983 Session Laws, and S.L. 2006‑92, reads as rewritten:
"Sec. 4. Each person
desiring to be a candidate for the Board of Education shall file a notice of
candidacy stating his or her name, age, and the district seat for which he
or she is filing. The filing period is the same as for the district board of
supervisors of a soil and water conservation district under G.S. 139‑6,
and the filing fee is five dollars ($5.00).in accordance with Chapter
163 of the General Statutes. The election shall be nonpartisan, separate
ballots shall be used, no party affiliation shall be indicated on the ballot
for any candidate, and the election shall be decided by plurality without
runoff. In all other respects, the election shall be conducted as provided in
Chapter 163 of the General Statutes and rules and regulations of the State Board
of Elections concerning the conduct of nonpartisan elections simultaneously
with a general election.partisan."
SECTION 2.(b) Section 5 of Chapter 359 of the 1973 Session Laws reads as rewritten:
"Sec. 5. On or before
August 10 February 1 of each election year, the Rutherford County
Board of Education shall deliver to the Chairman of the Rutherford County Board
of Elections and cause to be posted on the courthouse door a map and
description of the boundaries of the districts established in Section 3 of this
act."
SECTION 2.(c) Section 6 of Chapter 359 of the 1973 Session Laws reads as rewritten:
"Sec. 6. Vacancies
For positions elected on a nonpartisan basis in 2012 or 2014, vacancies in
the Board of Education shall be filled by appointment by majority vote of the
remaining members of the Board for the remainder of the unexpired term. If for
any reason the remaining members of the Board are unable to agree upon an
appointment to fill a vacancy within 60 days after the vacancy occurs, the
Clerk of Superior Court of Rutherford County shall fill the vacancy. A person
appointed to fill a vacancy must reside in the district he is appointed to
represent. If any person elected or appointed to the Board ceases to reside in
the district he was elected or appointed to represent, the remaining members of
the Board may declare his office vacant and proceed to fill the vacancy."
SECTION 2.(d) Beginning in 2016, members of the Rutherford County Board of Education shall be elected on a partisan basis at the time of the general election in each even‑numbered year as terms expire. Candidates for election to the Rutherford County Board of Education shall be nominated at the same time and manner as other county officers. Members elected shall take office and qualify on the first Monday in December of the year of their election and the terms of their predecessors shall expire at that same time. Vacancies on the Rutherford County Board of Education for positions elected on a partisan basis shall be filled in accordance with G.S. 115C‑37.1.
SECTION 2.(e) This act does not affect the terms of office of any person elected in 2012 or 2014 to the Rutherford County Board of Education.
SECTION 2.5.(a) Section 2 of Chapter 1242 of the 1967 Session Laws, as amended by Section 2 of S.L. 2010-42, reads as rewritten:
"Sec. 2. (a) At the same
time the primary election for county officers is held in Davie County there
shall be held a nonpartisan election to elect members of the Board of Education
of Davie County.
(b) In 2012,
three members of the Davie County Board of Education shall be elected. The
person receiving the highest numbers of votes is elected to a six‑year
term. The two persons receiving the next highest numbers of votes are elected
to four‑year terms.
(c) In 2014, two
members of the Davie County Board of Education are elected to four‑year
terms.
(d) In 2016 and
quadrennially thereafter, four members of the Davie County Board of Education
are elected to four‑year terms.
(e) In 2018 and
quadrennially thereafter, three members of the Davie County Board of Education
are elected to four‑year terms.
Beginning in 2016, members of the Davie County Board of Education shall be elected on a partisan basis at the time of the general election in each even‑numbered year as terms expire. In 2016 and quadrennially thereafter, four members of the Davie County Board of Education are elected to four‑year terms. In 2018 and quadrennially thereafter, three members of the Davie County Board of Education are elected to four‑year terms."
SECTION 2.5.(b) Section 3 of Chapter 1242 of the 1967 Session Laws, as amended by Section 3 of S.L. 2010-42, reads as rewritten:
"Sec. 3. Each candidate
shall file his candidacy, without reference to any political party
affiliation, with the Chairman of the County Board of Elections within the time
now provided for the filing of candidates for any other county office.his
or her notice of candidacy in accordance with Chapter 163 of the General
Statutes. Candidates for election to the Davie County Board of Education shall
be nominated at the same time and manner as other county officers. A
filing fee of five dollars ($5.00) shall be paid by each candidate. There shall
be a separate ballot provided by the County Board of Elections with the names
of the candidates printed thereon with appropriate instructions for use in the
election of members of the Board of Education, and no political party
affiliation shall be shown on said ballot.The election shall be
partisan."
SECTION 2.5.(c) Section 4 of Chapter 1242 of the 1967 Session Laws, as amended by Chapter 5 of the 1979 Session Laws, Chapter 307 of the 1995 Session Laws, and Section 4 of S.L. 2010-42, reads as rewritten:
"Sec. 4. The members of the
Board of Education of Davie County shall be inducted into and take the oath of
office on the first Monday in JulyDecember following their
election, and shall serve until their successors are elected and qualified."
SECTION 2.5.(d) Section 5 of Chapter 1242 of the 1967 Session Laws reads as rewritten:
"Sec. 5. All vacanciesFor
positions elected on a nonpartisan basis in 2012 or 2014, vacancies
occurring in the membership of the Board of Education of Davie County by death,
resignation or otherwise shall be filled for the unexpired term by the
remaining members of said Board of Education. Beginning in 2016, vacancies
on the Davie County Board of Education for positions elected on a partisan
basis shall be filled in accordance with G.S. 115C‑37.1."
SECTION 2.5.(e) This act does not affect the terms of office of any person elected in 2012 or 2014 to the Davie County Board of Education.
SECTION 3.(a) Chapter 254 of the 1991 Session Laws is repealed.
SECTION 3.(b) The Clay County Board of Education shall consist of five members elected by the qualified voters of Clay County for four‑year terms. As the terms of present members expire, their successors shall be elected.
SECTION 3.(c) Beginning in 2016, members of the Clay County Board of Education shall be elected on a partisan basis at the time of the general election in each even‑numbered year as terms expire. Candidates for election to the Clay County Board of Education shall be nominated at the same time and manner as other county officers. Members elected shall take office and qualify on the first Monday in December of the year of their election and the terms of their predecessors shall expire at that same time.
SECTION 3.(d) For positions elected on a nonpartisan basis in 2012 or 2014, vacancies in the Clay County Board of Education shall be filled by appointment made by the remaining members. Beginning in 2016, vacancies on the Clay County Board of Education for positions elected on a partisan basis shall be filled in accordance with G.S. 115C‑37.1.
SECTION 3.(e) This act does not affect the terms of office of any person elected in 2012 or 2014 to the Clay County Board of Education.
SECTION 3.5.(a) Notwithstanding the PLAN OF MERGER OF THE IREDELL COUNTY AND STATESVILLE CITY SCHOOLS, as amended by Section 2 of S.L. 2002-18, beginning in 2016, members of the Iredell-Statesville Schools Board of Education shall be elected on a partisan basis at the time of the general election in each even‑numbered year as terms expire. Candidates for election to the Iredell-Statesville Schools Board of Education shall be nominated at the same time and manner as other county officers. Members elected shall take office and qualify on the first Monday in December of the year of their election and the terms of their predecessors shall expire at that same time. Vacancies on the Iredell-Statesville Schools Board of Education for positions elected on a partisan basis shall be filled in accordance with G.S. 115C‑37.1.
SECTION 3.5.(b) For positions elected on a nonpartisan basis in 2012 or 2014, vacancies occurring in the membership of the Iredell-States Schools Board of Education shall be filled for the unexpired term by the remaining members of the Board of Education.
SECTION 4.(a) G.S. 115C‑37.1(d) reads as rewritten:
"(d) This section shall apply only in the following counties: Alleghany, Brunswick, Cherokee, Clay, Davie, Graham, Guilford, Harnett, Iredell, Lee, New Hanover, Rutherford, Vance, and Washington."
SECTION 4.(b) This section becomes effective the first Monday in December of 2016.
SECTION 5. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 26th day of May, 2015.
s/ Daniel J. Forest
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives