GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1991
CHAPTER 834
AN ACT TO PROVIDE AN ELECTION PROCEDURE FOR MIDTERM VACANCIES IN TABOR CITY.
The General Assembly of North Carolina enacts:
Section 1. G.S. 160A-63 reads as rewritten:
"§ 160A-63. Vacancies.
A vacancy that occurs in an elective office of a city shall
be filled by appointment of the city council. If the term of the office expires
immediately following the next regular city election, or if the next regular
city election will be held within 90 120 days after the vacancy
occurs, the person appointed to fill the vacancy shall serve the remainder of
the unexpired term. Otherwise, a successor shall be elected at the next
regularly scheduled city election that is held more than 90 120 days
after the vacancy occurs, and the person appointed to fill the vacancy shall
serve only until the elected successor takes office. If at that election,
any unexpired terms are to be filled under this section, the election for the
full terms and the unexpired terms shall be conducted together. The
persons receiving the highest numbers of votes equal to the number of full
terms are elected to the full terms, and the persons receiving the next highest
numbers of votes equal to the number of unexpired terms are elected to the
unexpired terms. The elected successor shall then serve the remainder
of the unexpired term. If the number of vacancies on the council is such that a
quorum of the council cannot be obtained, the mayor shall appoint enough members
to make up a quorum, and the council shall then proceed to fill the remaining
vacancies. If the number of vacancies on the council is such that a quorum of
the council cannot be obtained and the office of mayor is vacant, the Governor
may fill the vacancies upon the request of any remaining member of the council,
or upon the petition of any five registered voters of the city. Vacancies
in appointive offices shall be filled by the same authority that makes the
initial appointment. This section shall not apply to vacancies in cities that
have not held a city election, levied any taxes, or engaged in any municipal
functions for a period of five years or more.
In cities whose elections are conducted on a partisan basis, a person appointed to fill a vacancy in an elective office shall be a member of the same political party as the person whom he replaces if that person was elected as the nominee of a political party."
Sec. 2. This act applies to the Town of Tabor City only.
Sec. 3. This act is effective upon ratification, but expires December 31, 1993.
In the General Assembly read three times and ratified this the 2nd day of July, 1992.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives