GENERAL ASSEMBLY OF NORTH CAROLINA
1997 SESSION
S.L. 1997-248
AN ACT TO PROVIDE THAT IN FILLING VACANCIES IN THE OFFICE OF REGISTER OF DEEDS, SHERIFF, OR COUNTY COMMISSIONER IN BEAUFORT COUNTY, IF THE VACATING MEMBER WAS A MEMBER OF A POLITICAL PARTY, THE APPOINTING AUTHORITY SHALL APPOINT FROM A LIST RECOMMENDED BY THAT POLITICAL PARTY IF TWO OR MORE NAMES ARE SUBMITTED ON A TIMELY BASIS.
The General Assembly of North Carolina enacts:
Section 1.(a) G.S. 161-5(a1) reads as rewritten:
"(a1) When a vacancy occurs from any
cause in the office of register of deeds, the board of county commissioners
shall fill such vacancy by the appointment of a successor for the unexpired
term, who shall qualify and give bond as required by law. If the register
of deeds was elected as the nominee a member of a political party,
party at the time of the vacancy, the county manager shall notify by
first-class mail the county chairman of that political party of the existence
of the vacancy. the The board of county commissioners shall
consult the county executive committee of that political party before filling
the vacancy and shall appoint the person recommended by that committee, if
the party makes a recommendation within 30 days of the occurrence of the
vacancy. from a list of two or more persons recommended by that
committee, if the party makes a recommendation within 30 days of the mailing of
the notification. If the list is not so provided, the board of county
commissioners shall appoint a person who was registered to vote as a member of
that party on the date of the most recent county general election or as of 90
days prior to the vacancy occurring, whichever date was longest ago."
(b) This section applies to Beaufort County only.
Section 2. (a) The second sentence of G.S. 162-5.1 reads as rewritten:
"If the sheriff were elected as a nominee was
a member of a political party, party at the time the vacancy
occurred, the county manager shall notify by first-class mail the county
chairman of that political party of the existence of the vacancy. the The
board of commissioners shall consult the county executive committee of that
political party before filling the vacancy, and shall elect the person
recommended by the county executive committee of that party, if the party makes
a recommendation within 30 days of the occurrence of the vacancy. and
shall appoint from a list of two or more persons recommended by that committee,
if the party makes a recommendation within 30 days of the mailing of the
notification. If the list is not so provided, the board of county
commissioners shall appoint a person who was registered to vote as a member of
that party on the date of the most recent county general election or as of 90
days prior to the vacancy occurring, whichever date was longest ago."
(b) This section applies to Beaufort County only.
Section 3. (a) G.S. 153A-27.1(d) reads as rewritten:
"(d) If the member who
vacated the seat was elected as a nominee a member of a political
party, party at the time the vacancy occurred, the county manager
shall notify by first-class mail the county chairman of that political party of
the existence of the vacancy. the The board of commissioners,
the chairman of the board, or the clerk of superior court, as the case may be,
shall consult the county executive committee of the appropriate political party
before filling the vacancy, and shall appoint the person recommended by the
county executive committee of the political party of which the commissioner
being replaced was a member, if the party makes a recommendation within 30 days
of the occurrence of the vacancy. and shall appoint from a list of two
or more persons recommended by that committee, if the party makes a
recommendation within 30 days of the mailing of the notification. If the
list is not so provided, the board of county commissioners shall appoint a
person who was registered to vote as a member of that party on the date of the
most recent county general election or as of 90 days prior to the vacancy
occurring, whichever date was longest ago."
(b) This section applies to Beaufort County only.
Section 4. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 30th day of June, 1997.
s/ Dennis A. Wicker
President of the Senate
s/ Harold J. Brubaker
Speaker of the House of Representatives