S.L. 1969-406

1969 SESSION

CHAPTER 406

HOUSE BILL 432

AN ACT TO PROVIDE FOR THE ELECTION OF THE BOARD OF EDUCATION OF YADKIN COUNTY.

The General Assembly of North Carolina do enact:

Section 1. Notwithstanding any other Acts of this or any previous session of the General Assembly, the Board of Education of Yadkin County shall be composed of seven members and is hereby constituted, effective on or about the first Monday in April, 1969, as follows: Linberg W. Swaim and Mary Jo Zachary for terms expiring on or about the first Saturday in April, 1971; W. H. Poindexter, Jr., and Leon F. Thomasson for terms expiring on or about the first Saturday in April, 1973; and Edwin M. Speas, Odell Groce and Dr. John W. Conway for terms expiring on or about the first Saturday in April, 1975. Upon expiration of the terms of office, as specified, their successors to membership on the Board of Education of Yadkin County shall be elected as hereinafter provided.

Sec. 2. Beginning with the primary to be held in Yadkin County in 1970, and biennially thereafter, forthcoming vacancies on the Board of Education due to expiration of terms shall be filled in a non-partisan election to be held at the same time as the regular primary election. Any registered voter residing in Yadkin County shall be eligible, upon payment of a filing fee of five dollars ($5.00), to file with the County Board of Elections, within the time required by law for county officers to file in primaries, as a candidate for membership on the Board without declaring his political affiliation. A separate ballot entitled "School Board" shall be used in the election and all qualified voters residing in Yadkin County shall be eligible to vote in said election. Those candidates receiving the highest number of votes cast shall be declared elected for six (6) year terms and there shall be no second primary. Persons so elected in the primary shall qualify for membership on the Board of Education by taking the oath of office on or about the first Saturday in April next succeeding their election.

Sec. 3. In the event of any vacancy on the Board of Education of Yadkin County because of death, resignation, change of residence, removal or similar cause, said vacancy shall be filled within thirty (30) days by appointment by the remaining members of the Board for the unexpired term. In the event a vacancy shall be created after a member has been elected but before he has qualified, said vacancy shall be filled for the elected term by the members of the Board of Education with whom the member causing the vacancy would have served. Vacancies not filled within the required thirty (30) days shall be filled by appointment by the State Board of Education.

Sec. 4. The Yadkin County Board of Education as herein named and thereafter elected and constituted shall in all other respects be governed by the procedures, powers and duties of boards of education as set forth in Chapter 115 of the General Statutes.

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

Sec. 6. 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 5th day of May, 1969.