NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 306

HOUSE BILL 660

 

AN ACT REVISING THE METHOD OF ELECTING MEMBERS OF THE LAURINBURG SCOTLAND COUNTY BOARD OF EDUCATION AND CHANGING THE NAME THEREOF.

 

The General Assembly of North Carolina enacts:

 

Section 1. Section 4 of Chapter 707 of the Session Laws of 1963 is hereby rewritten as follows:

"Sec. 4.(a)  The Scotland County Board of Education shall be comprised of 8 members. Five of the members shall be residents of the Stewartsville Township and 3 of the members shall be residents of any of the remaining 3 townships in Scotland County at large.

(b)       Beginning with a primary election to be held in 1974, 2 members who shall be residents of the Stewartsville Township and 2 members, who shall be residents of the other 3 townships at large shall be elected to membership on the Scotland County Board of Education for initial terms of 4 years to expire in 1978. Beginning with a primary election to be held in 1976, 3 members, who shall be residents of the Stewartsville Township, and 1 member, who shall be a resident of any of the other 3 townships, shall be elected to membership on the said board for initial terms of 4 years to expire in 1980. In 1978 when the initial terms of the first 4 members expire and in the regular county-wide biennial election of that year and in each regular county-wide biennial election thereafter, four members shall be elected for terms of four years each.

(c)       The initial election for the 4 year terms of the 2 Stewartsville Township members and the 2 members at large shall be conducted according to the procedure set forth in subsections (d)(1) and (2) which provide for the regular elections for these seats beginning in 1978 and the initial election for the four-year terms of the other 3 Stewartsville Township members and the other 1 member at large shall be conducted in accordance with the procedures set forth in subsection (d)(3) and (4) which provides for regular elections for these seats on the board beginning in 1980.

(d)       The procedure for election of members to the Scotland County Board of Education beginning in 1978 and every 2 years thereafter shall be as follows:

(1)       At a primary election to be held in 1978 and every four years thereafter at the same time as the primary for the nomination of county officers 2 persons who shall reside within the Stewartsville Township and 2 persons who shall reside within any one of the other 3 Scotland County Townships at large shall be elected for terms of 4 years each.

(2)       (a)       The 2 candidates from Stewartsville Township receiving the largest number of votes in the primary election shall be the nominees whose names shall be placed upon the ballot at the general election and the 2 candidates at large from the other 3 Scotland County Townships who shall receive the largest number of votes in the primary election shall be the at large nominees whose names shall be placed upon the ballot at the general election; provided however, that if 2 or fewer candidates should file for nomination from the Stewartsville Township and if 2 or fewer candidates should file for the nomination from the other 3 townships at large the names of such candidates shall be placed on the ballot for the general election and there shall be no primary election for the Stewartsville Township or for the 3 at large townships.

(b)       If the number of candidates who file for nomination from the Stewartsville Township is twice or fewer than the number of vacancies from Stewartsville Township the names of such candidates shall be placed on the ballot for the general election and there shall be no primary election; provided further, that if the number of candidates who file for nomination from the Stewartsville Township is more than twice the number of vacancies from the Stewartsville Township there shall be placed on the ballot at the general election the four (twice the number of vacancies) candidates receiving the largest number of votes.

(c)       If the number of candidates who file for nomination from the other 3 Scotland County Townships is twice or fewer than the number of vacancies from the other 3 Scotland County Townships the names of such candidates shall be placed on the ballot for the general election and there shall be no primary election; provided further, that if the number of candidates who file for nomination from the other 3 Scotland County Townships is more than twice the number of vacancies from the other 3 Scotland County Townships there shall be placed on the ballot at the general election the 4 (twice the number of vacancies) candidates receiving the largest number of votes.

(3)       At a primary election to be held in 1980 and every 4 years thereafter at the same time as the primary for the nomination of county officers 3 persons who shall reside within the Stewartville Township and 1 person who shall reside within any 1 of the other 3 Scotland County Townships at large shall be elected to membership on the Scotland County Board of Education for terms of 4 years each.

(4)       (a)       The 3 candidates from Stewartsville Township receiving the largest number of votes in the primary election and the 1 candidate from the other 3 Scotland County Townships receiving the largest number of votes in the primary election shall be the nominees whose names shall be placed upon the ballot at the general election; provided however, that if 3 or fewer candidates should file for nomination from the Stewartsville Township or no more than 1 candidate should file for nomination from the other 3 townships at large the names of such candidates shall be placed on the ballot for the general election and there shall be no primary election for the Stewartsville Township or for Scotland County at large.

(b)       If the number of candidates who file for nomination from the Stewartsville Township is twice or fewer than the number of vacancies from Stewartsville Township the names of such candidates shall be placed on the ballot for the general election and there shall be no primary election; provided further, that if the number of candidates who file for nomination from the Stewartsville Township is more than twice the number of vacancies from the Stewartsville Township there shall be placed on the ballot at the general election the 6 (twice the number of vacancies) candidates receiving the largest number of votes.

(c)       If the number of candidates who file for nomination from the other 3 Scotland County Townships at large shall be twice or fewer than the number of vacancies from the other 3 Scotland County Townships the names of such candidates shall be placed on the ballot for the general election and there shall be no primary election; provided further that if the number of candidates who file for the nomination from the other 3 Scotland County Townships is more than twice the number of vacancies from the other 3 Scotland County Townships there shall be placed on the ballot at the general election the 2 (twice the number of vacancies) candidates receiving the largest number of votes.

(e)       Effective 1974 no person shall be eligible to serve more than 4 successive four-year elected terms on the Scotland County Board of Education.

(f)        The Board of Education shall prepare a ballot for use in the primaries and general elections which shall be separate from other ballots and on which shall be listed separately the candidates from the Stewartsville Township and the candidates from the 3 other Scotland County Townships at large. The names of the candidates shall be placed on a ballot separate from other ballots, bearing no party designation, and no party affiliation need be indicated at the time of filing. Except as herein provided, all primary elections and general elections shall be held, conducted and supervised by the County Board of Elections under the laws and regulations providing for the election of county officers.

(g)       All candidates for membership on the Scotland County Board of Education shall file a notice of such candidacy with the Board of Elections not later than 12:00 p.m. on the Monday preceding the tenth Tuesday before the primary election is to be held and each candidate shall pay a filing fee of ten dollars ($10.00) and in addition shall certify in writing whether he is filing for the Stewartsville Township seat or the at-large seat, the township within which he resides and that he is a bona fide resident thereof, said notice to be filed with the Scotland County Board of Elections.

(h)       All persons registered and qualified to vote in the general election shall be qualified to vote in the primary. All qualified voters of Scotland County may vote in any primary or general election held pursuant to this act and may vote for all candidates for the Board of Education regardless of their residence in either the Stewartsville Township or the at-large townships.

(i)        Any vacancies which may occur on the Scotland County Board of Education after the election of the members of the Board in 1974 shall be filled by appointment by a majority of the remaining members of the board for the unexpired term; provided that, if the seat which shall become vacant is held by a resident of Stewartsville Township his successor shall likewise be a resident of the Stewartsville Township and if the seat which shall become vacant is held by a resident of the at-large townships his successor shall likewise be a resident of one of the at-large townships.

(j)        In the event no candidate is elected in the general election to fill any term which is about to expire then and in that event the Scotland County Board of Education shall declare a vacancy and such vacancy shall be filled in accordance with subsection (i)."

Sec. 2. Section 5(b) of Chapter 707 of the Session Laws of 1963 is hereby repealed.

Sec. 3. Section 10 of Chapter 707 of the Session Laws of 1963 is hereby redesignated as Section 11.

Sec. 4. Chapter 707 of the Session Laws of 1963 is hereby amended by adding a new Section 10, as follows:

"Sec. 10. The public school system of Scotland County shall be known as and shall use the style of 'Scotland County School System' and the board of education shall be known as and shall use the style of 'Scotland County Board of Education'."

Sec. 5. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 3rd day of May, 1973.