NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 35

SENATE BILL 281

 

 

AN ACT TO PROVIDE FOR THE FILLING OF VACANCIES IN THE GENERAL ASSEMBLY IN MULTI-COUNTY DISTRICTS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 163-11, as the same appears in the 1972 Replacement Volume 3D of the General Statutes, is hereby amended by adding a proviso to read as follows:

"Provided, that in the case of a vacancy in the General Assembly by death, resignation, or otherwise than by expiration of term of a member elected or appointed to represent a multi‑county district, the Governor shall appoint for the unexpired portion of the term the person recommended by the State House of Representatives District Committee or the Senatorial District Committee of the political party with which the vacating member was affiliated when elected. The Governor shall make the appointment within seven days of receiving the recommendation of the appropriate committee. If the Governor fails to make the appointment within the required period, he shall be presumed to have made the appointment and the legislative body to which the appointee was recommended is directed to seat the appointee as a member in good standing for the duration of the unexpired term. The County Convention or County Executive Committee of each political party shall elect or appoint at least one member from each county to serve as State House of Representatives District Committee member and at least one member from each county to serve as Senatorial District Committee member. The State House of Representatives District Committee and the Senatorial District Committee shall be made up of at least one member from each county within the district. The State House of Representatives District Committee shall recommend an appointee to fill a vacancy in the State House of Representatives and the Senatorial District Committee shall recommend an appointee to fill a vacancy in the State Senate. This member shall be entitled to cast for his county one vote for each 300 persons or major fraction thereof residing within the county based upon the last decennial census. Each State House of Representatives District Committee member and each Senatorial District Committee member shall be entitled to cast all the votes allotted to his county, but in the event more than one member is elected from each county, then each member shall cast an equal share of the votes allotted to the county."

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 26th day of February, 1973.