S.L. 1961-159

NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

CHAPTER 159

SENATE BILL 156

AN ACT TO AMEND THE CHARTER OF THE TOWN OF FAITH RELATING TO THE TOWN'S OFFICIALS AND THE ELECTION THEREOF.

The General Assembly of North Carolina do enact:

Section 1. Section 3 of Chapter 363 of the 1903 Private Laws of North Carolina is hereby rewritten to read as follows:

"Sec. 3. That the officers of said Town shall consist of five aldermen, who shall elect one of their number as mayor. The mayor and aldermen when qualified as required by law, may elect a town clerk, a tax collector, a treasurer, such policemen and other officers necessary to the preservation and regulation of the Town's best interests."

Sec. 2. Sections 4 and 5 of Chapter 363 of the 1903 Private Laws of North Carolina are hereby rewritten to read as follows:

"Sec. 4. (A). The general municipal election for the Town of Faith shall be held on Tuesday after the first Monday in May in the year 1961, and biennially thereafter; and the primary elections for nomination of the members of the Board of Aldermen in the Town of Faith shall be held in the said Town on the Tuesday preceding all general municipal elections. The judges and other officers of the general municipal election, appointed by the mayor and Board of Aldermen shall, whenever practicable, be the judges of the primary election, and it shall be held at the same place and in the same manner and under the same rules and regulations and subject to the same conditions, and the polls shall be opened and closed at the same hours as are required for the said general election.

"(B) That at the general municipal election held in the Town of Faith in the year 1961 and every two years thereafter there shall be elected in the Town of Faith by the qualified voters thereof five aldermen who shall serve for a term of two years, beginning on July 1st after their election and until their successors are elected and qualified. On July 1st following the election, or as soon thereafter as practicable, those persons eelcted to the Board of Aldermen shall be sworn into office.

"(C) The term of office of the five members of the Board of Aldermen of the Town of Faith who were elected in the general municipal election, held in the year 1959, shall be extended until July 1st, 1961, and until their successors are elected and qualified.

"(D) Beginning with the term of office commencing July 1st in the year 1961, the Board of Aldermen shall at its first meeting elect a mayor and mayor pro tem from the members of the Board who shall hold their offices as mayor and mayor pro tem at the pleasure of the Board."

"Sec. 5 (A) Any person, who may desire to become a candidate for nomination by the primary for membership on the Board of Aldermen shall file with the town clerk not later than five o'clock P.M., on the Tuesday preceding the day of the primary, a statement of such candidacy in substantially the following form:

STATE OF NORTH CAROLINA

COUNTY OF ROWAN

I, _____________________, hereby give notice that I reside in the Town of Faith, State of North Carolina, being a registered voter thereof; that I am a candidate for nomination to the office of alderman to be voted upon at the primary election to be held on the __________day of ___________________, 1961, and I hereby request that my name be printed upon the official ballot for the nomination by such primary election for such office.

SIGNED: ____________________________

WITNESS: __________________________

and he shall at the same time pay to the clerk to be turned over to the town treasurer the sum of one dollar ($1.00) if he is a candidate for the Board of Aldermen. By noon of the day after the date on which the filing deadline falls, the town clerk shall cause to be posted in three public places in the Town of Faith the names of the persons filing for the offices of the Board of Aldermen.

"(B) The ten candidates receiving the highest number of votes for membership on the Board of Aldermen shall be the nominees and the only candidates whose names shall be placed upon the ballot for members of the Board of Aldermen at the next succeeding general municipal election; provided, however, that if there are only ten candidates or less for the members of the Board of Aldermen who have filed their notice of candidacy in the primary, then said candidates are automatically nominated for members of the Board of Aldermen without the necessity of a primary election, and their names will appear on the general municipal election ballot as the sole nominees.

"(C) The registration books for use in the primary and in the general election shall be opened on the fourth Saturday preceding the primary, and shall be closed at the end of the time for registration on the second Saturday before the primary. The Saturday before the primary shall be challenge day for the primary.

"(D) During the period the registration books are open all qualified voters whose names are not already on the present registration books may apply to the registrar for registration between the hours of nine o'clock A. M. and five o'clock P. M., and on each Saturday during the period the registration books are open, the registrar shall attend the polling places with the registration book between the hours of nine o'clock A. M. and six o'clock P.M. On challenge days the election officials will meet at the polling places and hear all challenges, if any, between the hours of nine o'clock A. M. and three o'clock P. M.

"The registration books shall be kept open at the polling places for the registration of voters and for challenges between the hours of nine o'clock A. M. and six o'clock P. M. on the Saturday between the primary and the general election.

"(E) The old town registration books that are now being used shall be considered the registration books for all municipal elections.

"(F) All primary municipal elections and general municipal elections shall be conducted, as far as practicable, in all things and in all details, in accordance with the general laws of this State governing State and county primary elections, except where the provisions of same are inconsistent with this Act.

"(G) The Board of Aldermen of the Town of Faith, 30 days before each biennial primary election shall have published once in some newspaper having a general circulation in the Town of Faith, notice of the time, place and manner of holding the primary and general municipal elections provided for by this Act; provided, however, such notice for the 1961 primary and general municipal elections may be given at any time prior to April 12, 1961."

Sec. 3. That all of the provisions of this Act, unless specific provision is otherwise made, shall apply to the 1961 general municipal and primary elections in the Town of Faith.

Sec. 4. That all laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 5. That 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 4th day of April, 1961.