NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

CHAPTER 881

HOUSE BILL 1211

AN ACT TO AMEND CHAPTER 378 OF THE SESSION LAWS OF 1959 RELATING TO VACANCIES OCCURRING ON THE MECKLENBURG COUNTY BOARD OF EDUATION.

The General Assembly of North Carolina do enact:

Section 1. Section 6 of Chapter 378 of the 1959 Session Laws as amended by Chapter 1114 of the 1961 Session Laws is hereby amended by rewriting said Section to read as follows:

"In the event of a vacancy occurring on the board other than by expiration of a term, such vacancy shall be filled by election at the first county-wide election occurring at least 60 days after the existence of such vacancy. If the election is the regular biennial election, a person shall be elected to fill the unexpired term as provided for elsewhere in this Chapter. If the election is other than the regular biennial election, the procedures for filing and election shall be the same as if such election were a regular biennial election except that the person receiving the plurality of the votes cast shall be elected, regardless of whether or not he received a majority. In the event that only one person files for election to the vacancy, such person shall be certified by the board of elections immediately after the filing deadline. The person so elected or certified shall assume the duties of office at once to complete the unexpired term. In the event that two or more vacancies are to be filled, the person receiving the higher or highest number of votes shall fill the vacancy which has the longer or longest unexpired term."

Sec. 2. The county commissioners may, in their discretion, call a special election as provided by law to fill such vacancy or vacancies. Such election shall be announced at least 60 days before the date of such election.

Sec. 3. Provided, however, that if a vacancy occurs on the board for one of the following reasons: death, total disability, change of legal residence from Mecklenburg County, or appointment to a State-wide agency such as the State Board of Education, the board may fill the vacancy until the next regular biennial election at which time the unexpired term shall be filled as provided by law.

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 All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 5. 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 21st day of June, 1967.