NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

CHAPTER 194

HOUSE BILL 414

AN ACT AMENDING H. B. 38 OF THE 1959 SESSION, RATIFIED ON MARCH 17, 1959, AND TO BE CODIFIED AS CHAPTER 80, SESSION LAWS OF 1959 SO AS TO PROVIDE THAT THE COMMISSIONERS OF THE TOWN OF HAYESVILLE RATHER THAN THE COUNTY BOARD OF ELECTIONS SHALL CONDUCT MUNICIPAL PRIMARIES AND ELECTIONS IN SAID TOWN.

The General Assembly of North Carolina do enact:

Section 1. That the first paragraph of subsection (b) of Section 12, Chapter 468, Public Laws of 1913, as rewritten by H. B. 38, 1959 Session and ratified on March 17, 1959, and to be codified as Chapter 80, Session Laws of 1959, be and the same is hereby rewritten to read as follows:

"(b)      On the fourth Tuesday preceding the date of the holding of the general municipal election of the Town of Hayesville, there shall be held, under the direction of the town commissioners by election officials designated and appointed by said board for that purpose a party primary for the purpose of nominating candidates for Mayor and Commissioners of the Town of Hayesville. In the event a runoff primary is required to determine the candidates of any political party, the runoff shall be held on the second Tuesday next preceding the date of the general election."

Sec. 2. That subsection (c) of Section 12, Chapter 468, Public Laws of 1913, as rewritten by H. B. 38, 1959 Session and ratified on March 17, 1959, and to be codified as Chapter 80, Session Laws of 1959, be and the same is hereby rewritten as follows:

"(c)      Any person desiring to become a candidate for nomination in the primary for the office of Mayor or a Member of the Board of Commissioners of the Town of Hayesville shall, by 12:00 o'clock noon on the second Wednesday preceding the primary election, file with the town clerk a statement of such candidacy in substantially the following form:

'STATE OF NORTH CAROLINA

COUNTY OF CLAY

I, ____________________________, hereby give notice that I reside in the Town of Hayesville, County of Clay, State of North Carolina; that I am a candidate for nomination for the office of mayor, member of the board of commissioners (strike out inapplicable part), to be voted upon at the primary election to be held on the ______________ Tuesday of May, 19______. I affiliate with the ______________ party and shall support the nominees of that party, and I hereby request that my name be printed upon the official ballot for the nomination by such primary election for such office.

                                                          (Signed) '

Each candidate for mayor shall, at the same time, pay to the town clerk a filing fee in the sum of ten dollars ($10.00). Each candidate for commissioner shall, at the same time, pay to the town clerk a filing fee in the sum of five dollars ($5.00)."

Sec. 3. That subsection (e) of Section 12, Chapter 468, Public Laws of 1913, as rewritten by H. B. 38, 1959 Session and ratified on March 17, 1959, and to be codified as Chapter 80, Session Laws of 1959, be and the same is hereby stricken out in its entirety and subsections (f) and (g) are renumbered (e) and (f).

Sec. 4. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 5. 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 31st day of March, 1959.