GENERAL ASSEMBLY OF NORTH CAROLINA
AN ACT TO ELIMINATE LEGISLATIVE APPOINTMENTS TO THE BOARD OF EDUCATION FOR THE PUBLIC SCHOOLS OF ROBESON COUNTY, TO PROVIDE FOR EIGHT SINGLE-MEMBER DISTRICTS, AND FOR THREE MEMBERS TO BE ELECTED AT LARGE WITH LIMITED VOTING.
The General Assembly of North Carolina enacts:
Section 1. Section 4 of Chapter 605, Session Laws of 1987, reads as rewritten:
"Sec. 4. Upon merger, the existing Robeson County
and Fairmont, Lumberton, Red Springs, and St. Pauls City Boards of Education
and the Interim Board are abolished and replaced by the Board of Education for
the Public Schools of Robeson County. The Board of Education for the
Public Schools of Robeson County shall consist of the 15 members of the Interim
Board as of the effective date of the merger, and shall have all the powers and
responsibilities previously provided for the Robeson County, Fairmont City, Lumberton
City, Red Springs City, St. Pauls City, and Interim Boards and provided by
State law generally for county boards of education. From July 1, 1989,
through June 30, 1992, the Board shall have 15 members. From and after
July 1, 1992, the Board shall have
13 11 members."
Sec. 2. Section 7.1 of Chapter 605, Session Laws of 1987, reads as rewritten:
"Sec. 7.1. In 1990, the General Assembly shall
appoint four members of the Board of Education for the Public Schools of
Robeson County, two for four-year terms beginning July 1, 1990, and two for
two-year terms beginning July 1, 1990.
In 1992 and biennially
thereafter, the General Assembly shall appoint two members of the Board of
Education for the Public Schools of Robeson County for four-year terms. Effective
July 1, 1992, those seats are abolished and the terms expire."
Sec. 3. Effective July 1, 1992, Section 9 of Chapter 605, Session Laws of 1987, reads as rewritten:
"Sec. 9. Vacancies on the Board of Education for
the Public Schools of Robeson County shall be filled by the remaining members
of the Board
, except in the case of appointments made by the General
Assembly under Section 7.1 of this act the appointee shall serve until the
remainder of the unexpired term or until the General Assembly fills the
vacancy, whichever occurs first. In the case of a district seat, the
Board must appoint a resident of that district."
Sec. 4. Section 5.1 of Chapter 605, Session Laws of 1987 reads as rewritten:
"Sec. 5.1. (a) Elections for the Board of Education for the Public Schools of Robeson County shall be held at the same time as the primary election for county officers as established by G.S. 163-1.
(a1) The elections for the eight district seats shall be conducted on a non-partisan basis, with the results determined by plurality in accordance with G.S. 163-292.
(a2) Three members of the Board of Education for the Public Schools shall be elected at large on a non-partisan basis by all the qualified voters of Robeson County in 1992 and quadrennially thereafter for four-year terms. The election for those at-large seats shall be with limited voting, whereby each voter will be entitled to vote for one candidate, and the top three vote getters will be elected by a plurality of votes.
(a3) Except as otherwise provided by this act, elections shall be held in accordance with the applicable provisions of Chapter 115C and Chapter 163 of the General Statutes.
(b) Not later than
October 1, 1991, the Board of Education for the Public Schools of Robeson
County shall divide Robeson County
is divided into eight electoral
districts as set forth in subsection (c) of this section; provided
that the districts may be adjusted thereafter if the plan is not approved under
section 5 of the Voting Rights Act of 1965. Each district shall
consist of contiguous territory, and the 1990 Federal Census shall be used. Each
candidate for an electoral district seat must reside in the district for which
he is to be elected, and only the qualified voters of the district may vote for
the election of that district seat. (c) Districts: (1) District 1
consists of Lumberton Precincts 1, 2, 3, and 8, Census BNA9901p of Lumberton
Township outside Lumberton City, and Enumeration District 433A of Lumberton
Township (excepting that part within District 7). (2) District 2
consists of Lumberton Precinct 6, Enumeration District 434A of Lumberton
Township (excepting that part within District 7), Back Swamp Township,
Enumeration Districts 447 and 448 of Union Township, and Enumeration Districts
461A and 461B of Fairmont Township. (3) District 3
consists of Lumberton Precincts 4 and 5, Enumeration District 435A of Lumberton
Township, Wisharts Township, Britts Township, and East Howellsville Township. (4) District 4
consists of the remainder of Fairmont Township not in District 2, Orrum
Township, Smyrna Township, Sterling Township, Marietta Township, and Gaddy
Township. (5) District 5
consists of Thompson Township, Rowland Township, Alfordsville Township, and
Maxton Township. (6) District 6
consists of Pembroke Township and Enumeration District 449 of Union
Township. (7) District 7
consists of Lumberton Precinct 7, the areas within Enumeration Districts 433A
and 434A consisting of the right-of-way of North Carolina Highways 72/711 from
the Raft Swamp Township Line to the Lumberton City Limits as of January 1,
1980, Raft Swamp Township, Burnt Swamp Township, Saddletree Township,
Enumeration District 423 of Smiths Township, and Philadelphus Township. (8) District 8
consists of Enumeration District 422 of Smiths Township, Red Springs Township,
Rennert Township, and Shannon Township. (9) District 9
consists of Lumber Bridge Township, Parkton Township, St. Pauls Township, and
West Howellsville Township. (d) As used in
subsection (d), enumeration districts are as found in the 1980 Federal
Census. If any area in a Lumberton Precinct is in Enumeration Districts
433A, 434A, or 435 of Lumberton Township, then for the purpose of subsection
(c) of this section that territory shall be in the district in which the
enumeration district is located.
In 1990 and
quadrennially thereafter, members shall be elected from districts 3, 5, 7, and
8 for four-year terms. In 1992 and quadrennially thereafter, members
shall be elected from districts 1, 2, 4, 6, and 9 for four-year terms. In
the districting plan it adopts, the Board of Education shall provide for members
to be elected from four of the districts in 1992 and quadrennially thereafter
for four-year terms, and shall provide for members to be elected from the other
four of the districts in 1994 and quadrennially thereafter for four-year terms.
If the district plan so established provides that the domicile of a person
elected in 1990 for a four-year term is in a district that is subject to
election in 1992, then that person may run for that district seat in 1992 or
may run for an at-large seat in 1992, without being subject to G.S. 163-125."
Sec. 5. This act does not affect the terms of office of members elected in 1990.
Sec. 6. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 9th day of July, 1991.
James C. Gardner
President of the Senate
Daniel Blue, Jr.
Speaker of the House of Representatives