NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 217

HOUSE BILL 292

 

 

AN ACT TO AMEND G. S. 160-29 CONCERNING THE REGULATION OF MUNICIPAL ELECTIONS AS THE SAME RELATES TO MUNICIPAL ELECTIONS IN THE TOWN OF VALDESE IN BURKE COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. G. S. 160-29, as the same appears in the 1964 Replacement Volume 3D of the General Statutes is amended by designating the Section as it presently reads as subsection "(a)" and adding a new subsection "(b)" to read as follows:

"(b)   (1)    On the first Tuesday after the first Monday in May 1965, and biennially thereafter, a nonpartisan municipal election shall be held in the Town of Valdese for the purpose of selecting a Mayor and members of the Board of Commissioners as hereinafter provided.

(2)       For municipal election and other purposes, the Town of Valdese is hereby divided into five (5) divisions or wards designated as the First Ward, Second Ward, Third Ward, Fourth Ward, and Fifth Ward, and said wards shall be severally bounded as follows:

First Ward. BEGINNING at a point in the city limits line, approximately 3,907 feet from the western corner, also corner of Ward Five, thence with the city limits line South 73 degrees 46 minutes East 2,838 feet to a point; thence North 16 degrees East (plus or minus) 230 feet to a point; thence South 81 degrees East (plus or minus) 320 feet to a point in the center line of South Laurel Street extended; thence with the center line of South Laurel Street and its extension South 21 degrees 20 minutes West approximately 3,590 feet to the intersection of the center line of the Southern Railway; thence with the center line of the Southern Railway in a westerly direction approximately 2,650 feet to the intersection with the center line of Valdo Street extended; thence with the center line of Valdo Street extended North 21 degrees 20 minutes East approximately 3,350 feet to the point of BEGINNING.

Second Ward. BEGINNING at a point in the city limits line, corner of Ward Five; thence South 81 degrees East (plus or minus) with the city limits line approximately 320 feet to a point; thence South 9 degrees West (plus or minus) to a point in Laurel Street; thence with the city limit line approximately 6,280 feet on an irregular course to the center line of Hoyle Creek; thence up the creek approximately 8,000 feet to the Southern Railway; thence with the center line of the Southern Railway in a westerly direction approximately 3,450 feet to a point, a corner of Ward One and in the center line of South Laurel Street extended; thence with the center line of South Laurel Street extended North 21 degrees 20 minutes East approximately 3,350 feet to the point of BEGINNING.

Third Ward. BEGINNING at an iron pipe, the southeast point of the city limits; thence with the city limits line North 74 degrees 15 minutes West 3,795 feet to a point in a cemetery, an extension of the old Martinat property line; thence with the Martinat property line and extensions North 7 degrees East approximately 1,670 feet to a point in Pine Burr Street; thence with said Martinat line North 17 degrees 50 minutes East 1,201 feet to a point in the center of Southern Railway near the southwestern corner of the railway station; thence with the center line of the Southern Railway in an easterly direction approximately 5,670 feet to the city limit corner located in center line of Southern Railroad on East side of town; thence following city limit line in a southernly direction approximately 4,800 feet to a point of BEGINNING.

Fourth Ward. BEGINNING at a pipe the southwest corner of present city limits; thence with the city limit line North 8 degrees 5 minutes East approximately 2,780 feet to the center line of the Southern Railway; thence with the center line of the Southern Railway in an easterly direction approximately 4,330 feet to a point near the southwest corner of the Southern Railway Station, corner of Ward Three and in the extension of old Martinat line extended; thence with the Martinat line South 17 degrees 50 minutes West approximately 1,201 feet to the center line of Pine Burr Street; thence with the Martinat line and extension South 7 degrees West approximately 1,670 feet to a point in the cemetery in the city limits line; thence with the city limit line in a westerly direction approximately 5,900 feet to the point of BEGINNING.

Fifth Ward. BEGINNING at a point the northwest corner of the city limits; thence with the city limit line in an easterly direction approximately 7,520 feet to a point, corner of Ward One; thence with the line of Ward One and with the center of Valdo Street extended South 21 degrees 20 minutes West approximately 3,350 feet to a point in the center line of the Southern Railway; thence with the center line of the Southern Railway in a westerly direction approximately 3,525 feet to a point in the city limits line; thence with the city limits line North 8 degrees 5 minutes East approximately 2,600 feet to the point of BEGINNING.

The Board of Commissioners shall have authority to extend the boundary of any one or more of the five (5) wards described above to any area annexed to the Town of Valdese subsequent to the date of ratification of this Act in the manner they deem best.

(3)       At the biennial municipal election to be held in the odd numbered years as required in Section 1 of this Act, the Mayor and members of the Board of Commissioners shall be elected in accordance with the following:

a.         The Mayor shall be elected by all the voters of the town voting at large to serve for a term of two (2) years or until his successor is elected and qualified.

b.         One (1) member of the Board of Commissioners shall be elected from each of the five (5) wards by all the voters of the town voting at large. Each candidate for the office of Commissioner shall have been a resident of the ward from which he is a candidate for a period of not less than thirty (30) days next preceding the date of the election. Members of the Board of Commissioners shall be elected to serve for a term of four (4) years or until their successors have been elected and qualified. Provided, however, that at the municipal election to be held on May 4, 1965, the Commissioners elected from the First Ward, the Second Ward and the Third Ward shall be elected for a term of four (4) years and the Commissioner elected from the Fourth Ward shall serve for a term of two (2) years. The Commissioner elected from the Fifth Ward serving on the Board of Commissioners upon the effective date of this Act shall continue to serve the term for which he was elected or until his successor is elected and qualified. At the municipal election to be held in May 1967, the Commissioner elected from the Fourth Ward and the Fifth Ward shall be elected to serve for a term of four (4) years or until their successors are elected and qualified. Thereafter, all members elected to the Board of Commissioners shall serve for four (4) year terms.

c.         The candidate receiving the largest number of votes for Mayor shall be declared elected. The candidate in each of the five (5) wards receiving the largest number of votes cast by all the voters of the town voting at large shall be declared elected Commissioner from the ward in which he was a candidate.

d.         Ballots for biennial municipal elections shall be printed in sufficient quantity in order that an adequate supply, taking into account the number of registered voters, can be furnished each polling place. All ballots shall, as far as possible, conform to the ballot prescribed in the State Australian Ballot Law. The ballot shall be headed 'Official Ballot, Town Election, Valdese, North Carolina.' Said ballot shall under the above caption next contain the words 'For Mayor' with the directions thereunder 'Vote for One (1)' followed by the names of all the duly entered candidates for Mayor, and the voter shall indicate his choice for Mayor by making a cross (X) mark in the square to the left of the name of his choice. The ballots shall then contain the words 'For Commissioner' with the directions thereunder 'Vote For One (1) From Each Ward'. Next shall follow in numerical order a list of the wards from which candidates are to be elected. Immediately under each ward shall be listed the names of the candidates from that ward. A square shall be placed opposite and on the left of each name, and the voter shall indicate his choice for the office of Commissioner from each ward by making a cross (X) mark in the square to the left of the candidate's name. Next said ballot shall contains the words 'Election _______________________________19 _____, properly filled in as to the date of such election. Next shall follow the facsimile signature of the Town Clerk followed by the words 'Town Clerk, Valdese, North Carolina'.

e.         The names of the various candidates for Mayor and for Commissioner from each ward shall be alternated on the printed ballots so as to, as near as may be, cause each to occupy the first, second, or other position on the same number of ballots to be printed. Each voter shall have the right to vote for one (1) candidate for Commissioner from each ward and one (1) candidate for the office of Mayor. Should there be marked the names of more than one (1) candidate for Mayor, it shall be void as a ballot for Mayor, or if the names be marked of more than one (1) candidate for Commissioner from any one or more of the five (5) wards, the said ballot shall be void as a ballot for Commissioner from such ward or wards.

f.          All voting precincts for all wards shall be located in the Town Hall unless otherwise established by the Board of Commissioners.

g.         All persons desiring to become a candidate for the office of Mayor or Commissioner shall not earlier than the first Tuesday after the first Monday in March and prior to 5:00 o'clock P. M. on the first Tuesday after the first Monday in April in the odd numbered years file notice of his intention to become a candidate with the Town Clerk and shall pay a filing fee as follows:

Filing Fee for Office of Mayor ...............................................      $10.00

Filing Fee for Office of Commissioner .................................           5.00

Provided, however, that candidates for Mayor or Commissioner in the municipal election to be held on May 4, 1965, may file and pay the filing fee as set out herein on any date subsequent to the ratification of this Act and prior to 5:00 o'clock P. M. on April 9, 1965. In all biennial municipal elections held subsequent to the election on May 4, 1965, the period for candidates to file for Mayor or Commissioner shall be as set out above in this Section.

(4)       In the event of a vacancy in the office of Mayor, the Board of Commissioners shall appoint one (1) of their number to fill the unexpired term and until his successor is elected and qualified at the biennial municipal election next following. In the event of a vacancy in the membership of the Board of Commissioners, the Board shall appoint a resident of the ward from which the vacancy has occurred to fill the unexpired term for which the Commissioner vacating the office was elected. A Commissioner appointed to fill an unexpired term shall serve the entire term for which he was appointed notwithstanding the fact that a biennial municipal election is held during such term.

(5)       The biennial municipal election required by this Act, municipal bond elections, special municipal elections, the registration of voters and all other matters pertaining to municipal elections in the Town of Valdese shall be governed by the laws of North Carolina applicable to municipal elections except as otherwise provided by this Act."

Sec. 2. Chapter 181 and Chapter 201 of the Session Laws of North Carolina, 1947; Chapter 220 of the Session Laws of North Carolina, 1949; Chapter 659 of the Session Laws of North Carolina, 1963; and all other laws or clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 3. 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 April, 1965.