NORTH CAROLINA GENERAL ASSEMBLY
1959 SESSION

CHAPTER 827
HOUSE BILL 1026

AN ACT TO AMEND CHAPTER 391 SESSION LAWS OF 1955 RELATING TO ELECTIONS IN THE CITY OF HIGH POINT.

The General Assembly of North Carolina do enact:

Section 1. The quoted portion of Section 1 of Chapter 391 of the 1955 Session Laws is rewritten to read as follows:
"Sec. 3. Councilmen of the City of High Point shall be elected for terms of office as hereinafter provided, and shall hold office until their successors are duly elected and qualified. The Mayor of the City of High Point shall be elected for a term of office as hereinafter provided, and shall hold office until his successor is duly elected and qualified. In the event of death, resignation, disability from any cause, or removal from the ward which he may represent, as councilman, the Council of the City of High Point may choose a member from among the qualified voters to fill such vacancy and to serve until the next municipal election when such vacancy shall be filled by a vote of the people as provided in this Act; provided that removal from the ward in which he resided at the time of the election, shall not disqualify the person from serving as councilman if there remains in said ward after removal at least one other member of the council residing in that ward. If a vacancy occurs leaving no remaining member of the council residing in the ward in which the vacancy occurred, the council shall fill the vacancy from among the qualified voters in the ward from which the vacancy occurred."
Sec. 2. The quoted portion of Section 3 of Chapter 391 of the 1955 Session Laws is rewritten to read as follows:
"Sec. 9. That on the second Tuesday before the first Monday in May, 1961, there shall be held in the several precincts of the City of High Point a primary election for the purpose of nominating four candidates as councilmen and one candidate as Mayor of the City of High Point from each political party, and the four candidates for councilmen and one candidate for mayor from each political party receiving the highest number of votes shall be declared the nominees of their respective parties for such offices at the election to be held on the first Tuesday after the first Monday in May, 1961.
"That on the second Tuesday before the first Monday in May, 1963, and biennially thereafter, there shall be held in the several precincts of the City of High Point a primary election for the purpose of nominating one candidate of each political party for mayor and eight candidates of each political party for councilmen. The nominees of each political party for councilmen shall be selected in the following manner: The candidate from each of the four wards receiving the highest number of votes of any candidate residing in the same ward shall be declared the first four nominees of their respective party for the offices of councilmen. The next four candidates receiving the highest number of votes, regardless of the ward in which they reside, shall be declared the remaining four nominees of their respective party for the offices of councilmen. The candidate of each political party for mayor receiving the highest number of votes shall be declared the nominee of his respective political party for the election to be held on the first Tuesday after the first Monday in May."
Sec. 3. The quoted portion of Section 4 of Chapter 391 of the 1955 Session Laws is rewritten to read as follows:
"Sec. 12. That for the election to be held on the first Tuesday after the first Monday in May, 1961, if not more than four names from each political party be filed with the chairman of the Municipal Board of Elections as candidates for councilmen, such board shall declare such persons to be the duly nominated candidates of such political party for such offices; and if not more than one name from each political party for the nomination of candidate for mayor be filed with the chairman of the Municipal Board of Elections, then such person shall be declared the candidate of such political party for mayor. If there be more than four candidates of any one political party for councilmen or if there be more than one candidate of any one political party for mayor, then the primary herein provided for shall be held as to such candidates only.
"That if not more than one name from each ward and four additional names, regardless of the ward in which they reside, of any political party, be filed with the chairman of the Municipal Board of Elections for nomination as candidates for councilmen, and one name from each political party as candidate as mayor, then such board shall declare such persons to be the duly nominated candidates of such political party for such offices for the election to be held on the first Tuesday after the first Monday in May, 1963, and biennially thereafter."
Sec. 4. The quoted portion of Section 5 of Chapter 391 of the 1955 Session Laws is rewritten to read as follows:
"Sec. 21. The candidate for mayor receiving the highest number of votes shall be elected. The four candidates for councilmen receiving the highest number of votes at the election to be held on the first Tuesday after the first Monday in May, 1961, shall be elected as councilmen for a term of two years, and shall hold office until their successors are duly elected and qualified.
"That at the election to be held on the first Tuesday after the first Monday in May, 1963, and biennially thereafter, on the first Tuesday after the first Monday in May, there shall be elected a mayor who shall hold office for a term of two years, and one councilman from each of the four wards of the City of High Point and four councilmen at large and such councilmen so elected shall hold office for a term of two years. The candidate in each of the four wards receiving the highest number of votes of any candidate in the ward in which he resides shall be declared a duly elected councilman from said ward and the next four candidates receiving the highest number of votes, regardless of the ward in which they reside, shall be the duly elected four councilmen at large."
Sec. 5. The quoted portion of Section 6 of Chapter 391 of the 1955 Session Laws be and the same is hereby rewritten to read as follows:
"Sec. 22. The Municipal Board of Elections shall meet immediately after the Board of Canvassers shall have completed their canvass and tabulate the votes and certify to the Council of the City of High Point the results of the election, setting forth the names of the candidates elected, the respective offices to which they have been elected and the term of office for which each has been elected. The result as tabulated shall be certified by the Municipal Board of Elections and shall be filed with the Council of the City of High Point on the date on which the canvass is made by the Board of Canvassers. The city council shall set out in the minutes of the council the report of the Board of Canvassers as certified by the Municipal Board of Elections. Upon qualifying, the candidates so elected shall take office on the second Tuesday after the first Monday in May, 1961, and biennially thereafter."
Sec. 6. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 7. 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 9th day of June, 1959.