NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 230

HOUSE BILL 344

 

 

AN ACT TO PROVIDE FOR THE ELECTION OF THE MEMBERS OF THE BOARD OF EDUCATION OF CHOWAN COUNTY ACCORDING TO CANDIDATES FROM THE TOWNSHIPS OF SAID COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. The Board of Education of Chowan County shall consist of five (5) members to be chosen and to serve as hereinafter provided in this Act.

Sec. 2. In the primary election to be held in Chowan County in 1964, and biennially thereafter, there shall be nominated by each political party in the party primaries, at the same time and in the same general manner as that in which other county officers are nominated, two candidates for the office of board of education from the first township; one candidate for the office of board of education from the second township; one candidate for the office of board of education from the third township; and, one candidate for the office of board of education from the fourth township.

Sec. 3. The names of the persons so nominated for the Board of Education of Chowan County by each political party from the respective four (4) townships shall be placed on the official county ballot of Chowan County, with the township from which each candidate is nominated appearing opposite his name, and the candidate so nominated from the respective townships shall be voted upon by the qualified voters of Chowan County at large at the general election to be held in said county in 1964, and biennially thereafter.

Sec. 4. A person desiring to be a candidate shall be a resident of the township which he desires to represent on the board of education, and in filing notice of candidacy the township designation shall be given along with the name of the candidate. The candidate shall be voted upon in the primary election at large, and the two candidates receiving the highest number of votes in the first township shall be the two nominees, and in each of the other townships the person receiving the highest number of votes in each township shall be the nominee, and there shall be no second primary.

Sec. 5. If no more than two candidates file for nomination in the first township, no primary election shall be necessary, and in each of the other townships in which no more than one candidate files, then such candidate shall be the nominee, and as to him no primary election will be necessary. Each candidate shall pay a filing fee of ten dollars ($10.00).

Sec. 6. The two candidates receiving the highest number of votes in the general election in the first township, and the candidate receiving the highest number of votes in the general election in each of the other townships shall be declared elected to represent the respective townships as members of the County Board of Education of Chowan County. The members of the board of education elected at the general election in the year 1964 shall qualify by taking the oath of office on or before the first day of January, 1965. A failure to qualify within that time shall constitute a vacancy. Those persons elected or appointed to fill a vacancy must qualify within thirty (30) days after their appointment or election, and a failure to qualify within that time shall constitute a vacancy. The members of the Chowan County Board of Education elected at the general election of 1964 shall take office on the first day of January, 1965, and the three candidates receiving the highest number of votes shall serve for a term of four (4) years), and the two candidates receiving the smallest number of votes shall serve for a term of two (2) years. Thereafter, candidates elected to the Chowan County Board of Education shall serve for a term of four (4) years and until their successors are chosen and qualified.

Sec. 7. Any vacancy occurring on the Chowan County Board of Education by a death, resignation, or otherwise, shall be filled as is now provided by State law for filling vacancies on county boards of education, but such persons appointed to fill the vacancy shall be from the same township as the person whose death, resignation, or removal created the vacancy on the board. If a person who has been nominated as a candidate from any township dies or removes himself, or for any other reason cannot be a candidate in the general election, a candidate shall be appointed from the township which such person represented by the executive committee of the political party of which the dead or disqualified candidate was a member. Such appointee shall have his name placed upon the ballot to be voted upon in the general election the same as any candidate who has been nominated in a primary. If there is no candidate from any township, this shall constitute a vacancy which shall be filled as hereinabove provided.

Sec. 8. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 9. 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 16th day of April, 1963.