NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

CHAPTER 1138

SENATE BILL 677

AN ACT TO AMEND ARTICLE 5, CHAPTER 115 OF THE GENERAL STATUTES, TO PROVIDE FOR ELECTION OF THE BOARD OF EDUCATION OF BURKE COUNTY.

The General Assembly of North Carolina do enact:

Section 1. Notwithstanding the provisions of Article 5, Chapter 115 of the General Statutes of North Carolina, the Board of Education of Burke County, which shall consist of five members elected for terms of six (6) years each, shall be elected as hereinafter provided.

Sec. 2. Members of the Board of Education of Burke County shall be elected in a nonpartisan election to be held at the same time as the regular primary election held for Burke County. The first such election shall be held in the Spring of 1964, and each biennium thereafter. Two members shall be elected in 1964, one member in 1966, two members in 1968, and so on, with each successful candidate serving for a term of six (6) years.

Sec. 3. The terms of the two present members of the Board of Education elected in 1959 shall expire on December 31, 1964. The term of the present member of the Board of Education elected in 1961 shall expire on December 31, 1966. The terms of the present members of the Board elected in 1963 shall expire on December 31, 1968. Members elected under this Act shall take office on January 1st next succeeding their election.

Sec. 4. Candidates for the office of member of the Board of Education of Burke County shall be elected on a nonpartisan basis. Said election shall be held at the same time as the primary elections for other county officers. Candidates for election to the Burke County Board of Education shall file at the same time and in the same manner as other candidates for county offices; provided, however, candidates shall not file as members of any political party.

Sec. 5. The election for members of the Board of Education of Burke County shall be conducted as set forth in Section 4, above, and at said election a separate ballot entitled "School Board" shall be used and such ballots shall be distributed to all qualified voters desiring to vote in said election without regard to the political affiliation of said voter; provided, nothing herein shall be construed to exclude an independent or person not affiliated with either of the major parties from voting in said election.

Sec. 6. In those years in which two vacancies exist, the two candidates receiving the highest number of votes in said election shall be declared elected; in those years in which only one vacancy exists, the candidate receiving the highest number of votes in the primary shall be declared to be elected. In the event the number of candidates does not exceed the number of vacancies to be filled, no election shall be necessary, and the candidates shall be declared elected. Vacancies on the Board shall be filed for the unexpired term by the majority vote of the remaining members of the Board.

Sec. 7. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 8. 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 24th day of June, 1963.