NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 339

HOUSE BILL 722

 

 

AN ACT TO AMEND CHAPTER 511, SESSION LAWS OF 1951, SO AS TO CHANGE THE PROCEDURE FOR MUNICIPAL ELECTIONS IN THE TOWN OF WHITE LAKE.

 

The General Assembly of North Carolina do enact:

 

Section 1. Section 3 of Chapter 511, Session Laws of 1951, is hereby rewritten to read as follows:

"Sec. 3 (a). The governing body of the Town of White Lake shall consist of a mayor and four commissioners who shall be chosen by ballot on the second Tuesday in July, 1963, and biennially thereafter as hereinafter provided, by the qualified voters of the town to serve for a term of two years and until their successors are duly elected and qualified.

"(b)     Any person permitted to register and vote as provided by Section 8 (e) of the Charter of the Town of White Lake, as amended, shall be eligible to hold office in said town.

"(c)     Any person desiring to become a candidate for the office of mayor or commissioner of the town, and who will be qualified to register and vote on the first Tuesday of July next preceding the date of an election, shall file with the town clerk a statement of such candidacy on a form prescribed by the town board of elections. The notice of candidacy shall be signed by the candidate and shall indicate whether the person is a permanent resident or a nonresident freeholder of the town. The notice of candidacy shall be filed with the town clerk, together with a five dollar filing fee, not earlier than the first Tuesday in June preceding the election, and not later than 7:00 o'clock P. M. on the last Friday in June of the election year."

Sec. 2. Section 6 of Chapter 511, Session Laws of 1951, is hereby repealed and a new Section 6 substituted therefor as follows:

"Sec. 6 (a). The candidate receiving the highest number of votes for the office of mayor shall be appointed mayor as herein provided.

"(b)     The two candidates, who are permanent residents of the town, receiving the highest number of votes from the group of candidates who are permanent residents, shall be certified to the Governor as herein provided. The two candidates, who are eligible nonresident freeholders, receiving the highest number of votes from the group of candidates who are eligible nonresident freeholders, shall be certified to the Governor as herein provided.

"(c)     Immediately after the results of the election have been determined, the chairman of the town board of elections shall certify the names of the persons receiving the highest number of votes for mayor and commissioner, as above provided, to the Governor of the State of North Carolina for appointment as mayor and commissioners of the Town of White Lake, and the Governor shall appoint only those persons certified to him as herein provided. The persons appointed by the Governor shall constitute the governing body of the town and shall possess and be vested with all the powers and duties which are now or may hereafter be conferred by law on governing bodies of cities and towns in this State."

Sec. 3. Section 7 of Chapter 511, Session Laws of 1951, is hereby rewritten to read as follows:

"Sec. 7. Should any vacancy occur in the office of mayor or commissioner, the governing body shall recommend to the Governor some eligible person to be appointed by the Governor to fill the unexpired term."

Sec. 4. Section 8 of Chapter 511, Session Laws of 1951, is hereby rewritten as follows:

"Sec. 8 (a). The governing body of the Town of White Lake shall appoint a town board of elections, consisting of three members, one of which shall be designated as chairman. The members of the board of elections shall serve for a term of two years, beginning on May 5, 1963, and until their successors are appointed.

"(b)     The necessary expense of holding elections in the Town of White Lake shall be paid out of the general fund of the town.

"(c)     The town hall shall be the polling place for elections in the Town of White Lake, but the governing body may establish as many polling places as it deems necessary. The polls shall be opened at 7:00 o'clock A. M. and close at 7:00 o'clock P. M. on election days. The registration books shall be opened for the registration of voters at 9:00 o'clock A. M. on the third Saturday before each election, and shall be closed at 7:00 o'clock P. M. on the first Friday in July. The registrar shall be furnished with a registration book, and it shall be his duty, between the hours of 9:00 o'clock A. M. and 7:00 o'clock P. M. on each day, Sunday and legal holidays excepted, during the period when registration books are open, to keep open said books for the registration of any voters within the town entitled to register. On each Saturday during the period of registration the registrar shall attend with his registration books at the polling place as herein provided, between the hours of 9:00 o'clock A. M. and 7:00 o'clock P. M. for the registration of voters.

"(d)     Each election year, the Board of Commissioners of the Town of White Lake shall provide a challenge day which shall be after closing of the registration books and prior to the date of election, but shall not fall on a legal holiday.

"(e)     Persons permitted to register and vote shall be of two classes:

"1.       Bona fide residents of the Town of White Lake who would be, under the Statutes and Constitution of North Carolina, eligible to vote in a county election in Bladen County as of the second Tuesday in July of the election year.

"2.       Nonresident freeholders in the Town of White Lake who are bona fide residents of the State of North Carolina, and are 21 years of age or older, and who have resided continuously in said town for at least 30 days prior to the date of the election. Any nonresident who has resided continuously in the town for 23 days next preceding the first Tuesday in July and who expressed to the registrar an intent to so reside until the date of the election shall be eligible to vote.

"(f)      The newly elected officers shall take office on the first Tuesday in August of an election year, or if not appointed by said date, they shall take office on the first Tuesday thereafter following receipt by the clerk of the Town of White Lake of the Governor's appointment of such officers.

"(g)     All general municipal elections in the Town of White Lake shall be conducted in accordance with Article 3, Chapter 160 of the General Statutes of North Carolina, except where the provisions thereof are inconsistent with this Act."

Sec. 5. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 6. 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 1st day of May, 1963.