NORTH CAROLINA GENERAL ASSEMBLY
1967 SESSION

CHAPTER 972
SENATE BILL 33

AN ACT TO CREATE A UNIFORM SYSTEM FOR THE NOMINATION AND ELECTION OF MEMBERS OF COUNTY BOARDS OF EDUCATION IN ALL THE COUNTIES OF THE STATE.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 115-18 is hereby rewritten to read as follows:
"G.S. 115-18.  How Constituted. The County Board of Education in each county shall consist of not less than three nor more than nine members. Members shall be elected, as hereinafter provided, for a term of four years."
Sec. 2.  G.S. 115-19 is hereby rewritten to read as follows:
"G.S. 115-19.  How Elected. The members of the County Board of Education in each county that does not on the effective date of this Act elect its members by a vote of the people, shall be elected in one of the following ways:
(1)	On a partisan basis in the same manner as members of the General Assembly; or
(2)	On a non-partisan basis at the time of the primary election for nomination of candidates for the General Assembly.
"The names of candidates for election to County Boards of Education on a non-partisan basis and held pursuant to the provisions of this Act shall be printed on the ballots without reference to any party affiliation and any qualified voter residing within the County shall be entitled to vote. In elections held on a non-partisan basis under the provisions of this Act, the right of any qualified voter to vote shall not be affected by the political party affiliation under which he is registered or by the fact that he is registered as an independent.
"The terms of office of the members shall be staggered so as nearly equal to one-half as possible and shall expire every two years. At the initial election of the members of the County Board of Education, pursuant to the provisions of this Act, an appropriate number of members shall be elected for two-year terms and four-year terms so as to comply with the above requirement, and in any case in which the number of terms that expire every two years is unequal, a larger number of members shall be elected for longer terms. The candidates elected who receive the highest number of votes shall serve four-year terms and the candidates elected who receive the fewest number of votes shall serve two-year terms. Nothing herein shall shorten the terms of office of members of County Board of Education coming under the provisions of this Act. In the event the terms of office of members of boards of education coming under the provisions of this Act are staggered, successors shall be elected as the terms of existing members expire for two-year terms.
"The General Assembly may designate the number of members constituting the County Board of Education, the districts if any in which they run, and the method to be used in electing the same, for each County electing its Board pursuant to the provisions of this Act. In the event the General Assembly shall fail to establish the size of said Boards or the method of election of same for any such County, said County shall have a Board of Education consisting of five members who shall be elected at large on a non-partisan basis as hereinabove set out.
"This Section shall not have the effect of repealing any local or special acts relating to Boards of Education of any particular counties whose membership to said Boards is chosen by a vote of the people."
Sec. 3.  G.S. 115-20 is hereby rewritten to read as follows:
"G. S. 115-20.  County Board of Elections to Provide for Elections. The County Board of Elections under the direction of the State Board of Elections, shall make all necessary provisions for elections of County Boards of Education as are herein provided for. The County Board of Elections of each County shall file with the State Board of Elections a statement specifying the size and method of election of members of its County Board of Education."
Sec. 4.  G.S. 115-22 is hereby rewritten to read as follows:
"G.S. 115-22.  Those persons who shall be elected members of the County Boards of Education must qualify by taking the oath of office on or before the first Monday in December next succeeding their election. A failure to qualify within that time shall constitute a vacancy which shall be filled as set out in G.S. 115-24. Those persons appointed to fill a vacancy must qualify within 30 days after notification. A failure to qualify within that time shall constitute a vacancy.
"This Section shall not have the effect of repealing any local or special acts relating to Boards of Education of any particular counties whose membership to said Boards is chosen by a vote of the people."
Sec. 5.  G.S. 115-23 is hereby rewritten to read as follows:
"G.S. 115-23.  Vacancies in Nominations for Membership on County Boards. If any candidate nominated on a partisan basis shall die, resign, or for any reason become ineligible or disqualified between the date of his nomination and the time for the election, such vacancy caused thereby may be filled by the actions of the county executive committee of the political party of such candidate."
Sec. 6.  G.S. 115-24 is hereby rewritten to read as follows:
"G.S. 115-24.  Vacancies in Office. All vacancies in the membership of the Boards of Education whose members are elected pursuant to the provisions of G.S. 115-19 by death, resignation, or other causes shall be filled by appointment by the remaining members of the Board, of a person to serve until the next election of members of such Board, at which time the remaining unexpired term of the office in which the vacancy occurs shall be filled by election."
Sec. 7.  The provisions of this Act shall not apply to any County Board of Education that uses as a method of selecting the members to its Board of Education an election by a vote of the people as of the effective date of this Act.
Sec. 8.  All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 9.  This Act shall become effective on and after July 1, 1969.
In the General Assembly read three times and ratified, this the 28th day of June, 1967.