S.L. 1975-633

1975 SESSION

CHAPTER 633

HOUSE BILL 1211

AN ACT TO PROVIDE A REFERENDUM TO INCREASE THE MEMBERSHIP OF THE CARTERET COUNTY BOARD OF EDUCATION AND BOARD OF COMMISSIONERS, AND TO PROVIDE FOR THEIR ELECTION.

The General Assembly of North Carolina enacts:

Section 1. On the date of the Presidential Primary Election to be held in 1976, pursuant to Article 18A of Chapter 163 of the General Statutes, the Carteret County Board of Elections shall submit to the qualified voters of the county the question of whether the membership of the county board of commissioners and the county board of education shall be increased to seven members. Notice of the election shall be given as provided in G.S. 163-33(8), and the special election shall be conducted in accordance with the general election laws of the State except as otherwise provided in this act.

There shall be a separate ballot furnished each qualified voter presenting himself to vote, which shall contain the following issue:

"FOR: Increasing the membership of the county board of education and the county board of commissioners to seven members.

AGAINST: Increasing the membership of the county board of education and county board of commissioners to seven members."

If a majority of those voting shall vote in favor of increasing the membership of the boards to seven, then Sections 2, 3 and 4 of this act shall become effective upon the certification of the results by the county board of elections. If a majority of those voting shall vote against increasing the membership of the boards to seven, then Sections 2, 3 and 4 of this act shall be null and void.

Sec. 2. The Carteret County Board of Commissioners shall consist of seven members who shall be nominated and elected, as herein provided, for staggered terms of four years.

For the purpose of nominating and electing members of the county board of commissioners, the county is divided into five districts as follows:

District No. 1 shall consist of Cedar Island, Atlantic, Sea Level, Stacy, Davis, Williston, Smyrna, Marshallberg, Bettie, Otway and Straits precincts, and shall be entitled to one member on the board of commissioners.

District No. 2 shall consist of Harkers Island, Harlowe, Merrimon, Wiregrass, Beaufort No. 1 and Beaufort No. 2 precincts, and shall be entitled to two members on the board of commissioners.

District No. 3 shall consist of Wildwood, Morehead No. 1, Morehead No. 2 and Morehead No. 3 precincts, and shall be entitled to two members on the board of commissioners.

District No. 4 shall consist of Millcreek and Newport precincts, and shall be entitled to one member on the board of commissioners.

District No. 5 shall consist of Atlantic Beach, Pine Knoll Shores, Salter Path, Indian Beach, Emerald Isle, Cedar Point, Stella, Pelletier, Bogue and Board Creek precincts, and shall be entitled to one member on the board of commissioners.

Beginning with the regular primary to be held for county officers in 1976, and thereafter, each candidate shall be nominated by the voters of the district from which the candidate seeks nomination. Each candidate must be a resident and qualified voter of the district in which he seeks nomination.

In the general election to be held for county officers in 1976, and thereafter, the candidates nominated from each district shall be voted for by the voters of the entire county.

The candidates from District No. 1 and 4 receiving the highest number of votes shall be elected for terms of two years.

The candidate from District No. 5 receiving the highest number of votes shall be elected for a term of four years.

The candidates from Districts No. 2 and 3 receiving the highest number of votes shall be elected for terms of four years, and the candidate in each district receiving the next highest number of votes shall be elected for a term of two years.

As the term of each member expires, his successor shall be elected for a term of four years.

Sec. 3. The Carteret Board of Education shall consist of seven members who shall be nominated and elected as herein provided for staggered terms of four years.

District No. 2 shall consist of Harkers Island, Harlowe, Merrimon, Wiregrass, Beaufort No. 1 and Beaufort No. 2 precincts, and shall be entitled to two members on the board of education.

District No. 3 shall consist of Wildwood, Morehead No. 1, Morehead No. 2 and Morehead No. 3 precincts, and shall be entitled to two members on the board of education.

District No. 4 shall consist of Millcreek and Newport precincts, and shall be entitled to one member on the board of education.

District No. 5 shall consist of Atlantic Beach, Pine Knoll Shores, Salter Path, Indian Beach, Emerald Isle, Cedar Point, Stella, Pelletier, Bogue and Broad Creek precincts, and shall be entitled to one member on the board of education.

Each candidate shall be nominated by the voters of the district from which the candidate seeks nomination. Each candidate must be a resident and qualified voter of the district in which he seeks nomination.

The present members of the board of education are assigned to districts as follows and their terms shall not be affected by this act: Mr. Salter to District No. 1; Mr. Gilliken to District No. 2; Mr. Parker to District No. 3; Mr. Freshwater to District No. 3; Mr. Holcomb to District No. 4.

Beginning with the regular primary and general election for county officers in 1976, one member shall be nominated and elected from District No. 2, one member from District No. 3, and one member from District No. 4, who shall serve for a term of four years each, and one member shall be nominated and elected from District No. 5 for a term of two years.

Thereafter as the terms of the present members expire, and as the terms of those additional members elected in 1976 expire, their successors shall be elected for terms of four years. In the general election candidates shall be voted for by the voters of the entire county school district.

Sec. 4. The board of county commissioners shall immediately after the return of every decennial census of population taken by order of Congress, revise the districts and the apportionment of the members of the county board of commissioners and the county board of education among the districts so that each member shall represent, as nearly as may be, an equal number of inhabitants, the number of inhabitants that each member represents being determined by dividing the population of the district that he represents by the number of members apportioned to that district.

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

In the General Assembly read three times and ratified, this the 16th day of June, 1975.