NORTH CAROLINA GENERAL ASSEMBLY

EXTRA SESSION 1966

 

 

CHAPTER 2

HOUSE BILL 8

 

 

AN ACT RELATING TO REAPPORTIONMENT OF BOARDS OF COUNTY COMMISSIONERS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  The board of commissioners of any county in which by law

(a)        any member of the board is nominated or elected by the voters of an area less than the whole county, or

(b)        residence in any area less than the whole county is a condition of eligibility for candidacy for a seat on the board

is hereby authorized to find as a fact whether any citizens of the county are denied equal representation on the board because of the degree of differences in population of such election or residence areas.

Sec. 2.  Upon a finding of denial of equal representation as provided above, the board of county commissioners may by Resolution:

(a)        Redefine the election or residence areas within the county and, if necessary, reapportion commissioners among the areas so defined, or

(b)        Provide that all persons otherwise qualified shall be eligible for candidacy for a seat on the board without restriction as to place of residence within the county, and that all such candidates shall be nominated and elected by the voters of the county as a whole.

Sec. 3.  Redefined election or residence areas shall be so composed that the ratios obtained by dividing the population of each area by the number of commissioners apportioned to that area are as nearly equal as practicable, taking into account contiguity and compactness of territory of the respective areas. Area boundaries should follow township lines and the corporate limits of municipalities wherever practicable.

Sec. 4.  The unexpired term of office of any commissioner duly elected or appointed prior to the effective date of a Resolution adopted pursuant to this Act shall not be affected by any change in the boundaries of the area in which he resides. If the terms of office of all members of the board do not expire at the same time, the board of commissioners shall set forth in the resolution the expiring terms to be filled.

Sec. 5.  The effective date of a Resolution adopted pursuant to this Act shall be the date of its adoption; provided, however, that in order to assure an orderly election procedure, any such Resolution adopted within the period of time beginning 60 days before a primary election, and ending 60 days after a general election, for the office of county commissioner, shall become effective upon the day next following the end of such period.

Sec. 6.  Certified copies of any such Resolution, as the same shall appear in the minutes of the board, shall, not later than 10 days following the effective date thereof, be filed in the office of the Secretary of State, the office of Register of Deeds of the county, and with the chairman of the county board of elections.

Sec. 7.  If any provision or clause of this Act or application thereof in any circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

Sec. 8.  This Act shall not repeal the provisions of any law relating to the composition, nomination or election of county commissioners, except as such provisions are superseded by a Resolution adopted, recorded and filed pursuant to this Act.

Sec. 9.  Subject to the provisions of Section 7 of this Act, all laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 9½.  The provisions of this Act shall not apply to Cherokee County.

Sec. 10.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 13th day of January, 1966.