GENERAL ASSEMBLY OF NORTH CAROLINA

1989 SESSION

 

 

CHAPTER 105

HOUSE BILL 790

 

AN ACT EXPANDING THE PERQUIMANS COUNTY BOARD OF EDUCATION FROM FIVE TO SEVEN MEMBERS AND ELIMINATING THE USE OF RESIDENCY DISTRICTS FOR SCHOOL BOARD ELECTIONS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  The Perquimans County Board of Education shall be increased from five to seven members.  All seven board members shall be elected by all voters of the county, and candidates for all seats may reside anywhere in the county.  Elections shall continue to be nonpartisan, plurality elections, held in even-numbered years at the same time as primaries for county offices.  In each election, all candidates shall be listed together on a single ballot, and each voter shall be entitled to vote for as many candidates as there are positions to be filled.

Sec. 2.  Within 30 days of preclearance of this act pursuant to Section 5 of the Voting Rights Act of 1965, the present members of the Board of Education shall appoint two new members to fill the vacancies created by the increase in the size of the board. The two new members appointed to those vacancies shall be representative of the black citizens of Perquimans County.  One of the two new members shall be appointed for a term to expire in 1990, and the other for a term to expire in 1992.

Sec. 3.  Three board members shall be elected in 1990 and every four years thereafter, and four board members shall be elected in 1992 and every four years thereafter.

Sec. 4.  The incumbent members of the Board of Education are entitled to serve the remainder of the terms for which they were elected in 1986 and 1988.  If any of those board members or any future member dies, resigns or otherwise leaves office before the expiration of his term, the vacancy may be filled without regard to the township residency of the departing member or the person being appointed.

Sec. 5.  After the new members elected in 1992 take office, the Board of Education shall review the election experience under this act, including whether the election system enacted here has provided an equal opportunity for black voters to elect candidates of their choice, and determine whether any further changes are needed to provide fair representation for all citizens of the county.

Sec. 6.  The following local acts concerning the election of the Perquimans County Board of Education are repealed:  Chapter 1110, Session Laws of 1959; Chapter 473, Session Laws of 1961.

Sec. 7.  This act is effective upon ratification. 

In the General Assembly read three times and ratified this the 16th day of May, 1989.