NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

CHAPTER 96

HOUSE BILL 337

AN ACT RELATING TO THE ELECTION OF THE MAYOR AND THE BOARD OF COMMISSIONERS OF THE TOWN OF ELKIN IN SURRY COUNTY.

The General Assembly of North Carolina do enact:

Section 1. At the regular biennial municipal election in the Town of Elkin on the first Monday in May 1967 and biennially thereafter there shall be elected a mayor and a board of town commissioners consisting of five members to serve for terms of two years each. The candidate for mayor receiving the highest number of votes for mayor shall be declared elected mayor. The five candidates for the offices of town commissioner receiving the highest number of votes cast for town commissioners shall be declared elected town commissioners.

Sec. 2. Not less than four nor more than five weeks preceding the date of each biennial municipal election there shall be held a town meeting at such date, time and place as the town governing body may designate. Notice of such meeting shall be published in a newspaper, which is published and circulated in the Town of Elkin, once a week for four successive weeks preceding the week during which the town meeting shall be held. The period of time between the publication of the first notice and the publication of the fourth notice shall be at least twenty days excluding the days of the first and last publication.

Sec. 3. At such town meeting all qualified voters of the Town of Elkin shall be eligible to attend and participate in the town meeting at which the mayor of the Town of Elkin shall preside until a chairman of the meeting is elected by the meeting. Then said chairman shall preside. At such meeting there shall be nominated one candidate for mayor and five candidates for town commissioner.

Any qualified voter of the Town of Elkin who is not nominated at the afore-described town meeting for mayor or town commissioner may file notice of candidacy for office as mayor or town commissioner by personally filing written notice with the town clerk not later than the fifteenth day preceding the date of the biennial municipal election.

The name of the person nominated for mayor at the town meeting and all persons filing notices of candidacy for mayor with the town clerk shall be placed on the ballot to be used in the biennial municipal election and the person receiving the highest number of votes for mayor shall be declared elected mayor.

All five candidates for town commissioner nominated at the town meeting and all persons who file notice of candidacy for the offices of town commissioner shall be placed on the ballot to be used in the biennial municipal election and the five persons who receive the highest number of votes for town commissioner shall be declared elected as town commissioners.

Sec. 4. The biennial town meeting already scheduled and advertised for Friday, March 31, 1967, shall for the purposes of the 1967 biennial municipal election constitute the town meeting referred to above in this Act and it shall not be necessary to conform with any other provisions of this Act for the purpose of calling and holding said town meeting with respect to the 1967 biennial municipal election.

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

Sec. 6. This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 24th day of March, 1967.