NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 276

HOUSE BILL 484

 

 

AN ACT AMENDING CHAPTER 222, PUBLIC-LOCAL LAWS OF 1939, SO AS TO PROVIDE FOR SECOND PRIMARIES IN THE TOWN OF SPENCER.

 

The General Assembly of North Carolina do enact:

 

Section 1. That Section 1 of Chapter 222, Public-Local Laws of 1939 be and the same is hereby amended by adding immediately following the first sentence thereof the following:

"Should no candidate for mayor, of a political party participating in the primary, receive a majority of the votes cast, a second primary shall be conducted on the following Tuesday, provided the candidate receiving the second highest number of votes shall demand in writing filed with the town clerk, a second primary by twelve o'clock noon on Friday following the primary. If no such demand shall be made, the candidate receiving the highest number of votes shall be declared the nominee of his party for mayor.

"Nominations for membership on the board of aldermen shall be determined by a majority of the votes cast and the majority shall be determined by the provisions of G. S. 163-140. If six candidates of a political party participating in the primary for membership on the board of aldermen do not each receive a majority as defined in G. S. 163-140, the six candidates having the highest number of votes shall be declared nominated, unless a second primary shall be demanded in the same manner as provided for a second primary for the office of mayor, to fill those positions for which no candidate received a majority in the first primary. Such demand may be made by any one or all of the candidates equal in number to the positions remaining to be filled and having the second highest number of votes. When any one or all of such candidates in the group receiving the second highest number of votes demand a second primary, such second primary shall be held on the following Tuesday, and only the names of those candidates in the group receiving the highest number of votes and who did not have a majority in the first primary, and all those in the group receiving the second highest number of votes and demanding a second primary shall be put on the ballot for such second primary. In no case shall there be a third primary, but the candidates for mayor and aldermen receiving the highest number of votes in the second primary shall be declared nominated."

Sec. 2. That the provisions of this Act shall apply to the 1959 municipal primary election in the Town of Spencer and to all subsequent municipal primary elections in the Town of Spencer.

Sec. 3. That the call for a second primary to be held on April 28, 1959, be and the same is hereby in all respects ratified and confirmed.

Sec. 4. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 5. 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 10th day of April, 1959.