NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 274

HOUSE BILL 526

 

 

AN ACT TO PROVIDE FOR THE ELECTION OF THE BOARD OF EDUCATION OF BUNCOMBE COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. Upon the expiration of the terms of office of the persons presently constituting the membership of the Board of Education of Buncombe County, their successors to membership on the said board shall be elected as hereinafter provided.

Sec. 2. Beginning with the primary election to be held in Buncombe County in 1968, and biennially thereafter, forthcoming vacancies on the board of education due to expiration of terms shall be filled in a nonpartisan election to be held at the same time as the regular primary election. Any registered voter residing in Buncombe County shall be eligible, upon payment of a filing fee of five dollars ($5.00), to file with the county board of elections, within the time required by law for county officers to file in primaries, as a candidate for membership on the board without declaring his political affiliation. The names of the candidates for said board in said elections shall be presented to the voters in a separate listing entitled "School Board," which shall not identify their political affiliation. All qualified voters residing in Buncombe County shall be eligible to vote in said election. Those candidates receiving the highest number of votes cast shall be declared elected for six-year terms and there shall be no second primary. Persons so elected in the primary shall qualify for membership on the board of education by taking the oath of office on or about the first Saturday in April next succeeding their election.

Sec. 3. In the event of any vacancy on the Board of Education of Buncombe County because of death, resignation, change of residence, removal, or similar cause, said vacancy shall be filled within 30 days by appointment by the remaining members of the board for the unexpired term. In the event a vacancy shall be created after a member has been elected but before he has qualified, said vacancy shall be filled for the elected term by the members of the board of education with whom the member causing the vacancy would have served. Vacancies not filled within the required 30 days shall be filled by appointment by the State Board of Education.

Sec. 4. The Buncombe County Board of Education as now constituted and thereafter elected and constituted shall in all other respects be governed by the procedures, powers, and duties of boards of education as set forth in Chapter 115 of the General Statutes.

Sec. 5. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 6. 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 2nd day of May, 1967.