S.L. 1969-476

1969 SESSION

CHAPTER 476

SENATE BILL 475

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

The General Assembly of North Carolina do enact:

Section 1. The Board of Education of Cherokee County shall be elected in a nonpartisan election as hereinafter provided.

Sec. 2. Members of said Board of Education who are now serving on said Board shall continue to serve their terms of office until the expiration of same and until their successors are elected and qualified, and upon their successors being elected and qualified they shall serve for terms of six years each. In the year of 1970, there shall be elected, as hereinafter set forth, three members of said Board of Education who shall serve for terms of six years each and until their successors are elected and qualified. These successors shall serve for terms of six years each. In the year of 1972, there shall be elected two members of said Board of Education who shall serve for terms of six years each and until their successors are elected and qualified, and all successors for these or any other members shall serve for terms of six years each.

Sec. 3. Each candidate shall file his notice of candidacy, without reference to any political party affiliation, with the Chairman of the Cherokee County Board of Elections on or before the Friday preceding the sixth Saturday before the date of the primary for the nomination of County Officers, and the filing of said notice shall be accompanied by a filing fee of five dollars ($5.00) to be paid to the County Board of Elections. There shall be provided a separate ballot by the Cherokee County Board of Elections with the names of the candidates printed thereon with instructions for use in the general election in which the members of said Board of Education shall be elected, and no political party affiliation shall be shown on said ballot. The candidates shall be elected at large in said general election by the eligible voters of Cherokee County and biennially thereafter as their terms of office expire, and the number of candidates eligible for office receiving the highest number of votes shall be certified as duly elected members of the Board of Education. The members so elected shall be inducted into office on the first Monday in December following their election.

Sec. 4. At the first meeting of the County Board of Education after the general election of 1970, the said Board shall elect a Chairman from its members. The Chairman shall have a right to vote on any matter before the Board of Education for action and consideration, but the said Chairman shall not have the right to vote twice in case of a tie vote. The said Board shall have a right to elect all other proper officers and to determine its own methods of internal procedure.

Sec. 5. All vacancies occurring in the membership of the Board of Education of Cherokee County by death, resignation, removal from office, or change of residence, or otherwise, shall be filled within twenty (20) days of such vacancy by the remaining members of said Board of Education and for the unexpired term.

Sec. 6. All elections for the members of the Board of Education of Cherokee County shall be held under the laws and regulations governing elections for County Officers as provided by Chapter 163 of the General Statutes, as amended.

Sec. 7. All laws and clauses of laws in conflict with the provisions of 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.