S.L. 1969-460

1969 SESSION

CHAPTER 460

HOUSE BILL 762

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

The General Assembly of North Carolina do enact:

Section 1. The Board of Education of Yancey County shall consist of five (5) members who shall be chosen and elected as hereinafter set forth.

Sec. 2. The County Conventions of the political parties at their meetings held in 1972 in Yancey County may nominate five (5) candidates for membership on the Board of Education of Yancey County. The nominees named in the political party conventions shall be placed on a separate party ballot by the Yancey County Board of Elections and the nominees shall be voted on in the general election to be held for the election of county officers in the year of 1972. The members of the Yancey County Board of Education shall be elected by the electors in said County voting at large and the five (5) persons receiving the highest number of votes shall serve for terms of two (2) years each, and thereafter as the terms expire the successors shall be elected for terms of two (2) years. The persons so elected as members of said Board of Education shall take office on the first Monday in April, 1973.

Sec. 3. At its first meeting the said Board of Education shall organize by electing a Chairman who shall also be a member of said Board and entitled to vote on any matter considered by the Board but shall not be allowed to vote twice in case of a tie vote. The said Board shall fix and determine its own methods of procedure in the management of its public affairs and business. All vacancies in the membership of said Board shall be filled for the unexpired term by the action of the County Executive Committee of the political party of the member causing such vacancy. All such vacancies that are not filled by the County Executive Committee within thirty (30) days of the occurrence of such vacancies shall be filled by appointment by the State Board of Education. The said Board of Education of Yancey County shall exercise all of the powers and perform all of the duties relating to the public schools of Yancey County as set forth in Chapter 115 of the General Statutes of North Carolina, as amended.

Sec. 4. When the said Board of Education shall take office on the first Monday in April, 1973, then the terms of office of all members of said Board of Education who are holding office prior to said first Monday in April, 1973, shall terminate and expire.

Sec. 5. If Yancey County becomes subject to the Primary Law of the State as set forth in Chapter 163 of the General Statutes, then the members of the Board of Education of Yancey County shall be nominated and elected as hereinafter set forth. The said Board shall be composed of five (5) members as referred to above in Section 1 of this Act. The candidates for nomination of the political parties shall file notice of their candidacy with the Chairman of the Board of Elections of Yancey County on or before the Friday before the sixth Saturday before the date of the primary for the nomination of county officers. The notice shall be accompanied by a filing fee of ten dollars ($10.00) and shall state the name, age and residence of the candidate. The names of said candidates shall be printed on a ballot for the appropriate political party and the said candidates shall be voted on at large in said primary. The five (5) members of each political party receiving the highest number of votes shall be declared to be the nominees of the party and there shall be no second primary. The names of the nominees of the political parties shall be printed on a ballot for the general election and shall be voted on at large by the electors of Yancey County in the general election to be held for county officers in 1972, and thereafter as the terms expire. The five (5) members receiving the highest number of votes shall be elected for terms of two (2) years and thereafter all successors shall be elected for terms of two (2) years.

Sec. 6. The members so elected under Section 5 of this Act shall take office on the first Monday in April, 1973, and at that time all terms of office existing prior to said date shall terminate and expire, and shall exercise all of the powers and duties as set forth in Section 3 of this Act.

Sec. 7. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 8. 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 12th day of May, 1969.