NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 566

SENATE BILL 879

 

AN ACT TO PROVIDE FOR A REFERENDUM TO DETERMINE WHETHER THE HIGH POINT CITY BOARD OF EDUCATION SHALL BE ELECTED BY THE PEOPLE OR APPOINTED.

 

The General Assembly of North Carolina enacts:

 

Section 1. The High Point City Board of Education shall consist of seven members who shall be elected in a nonpartisan election by the qualified voters of the School Administrative Unit. The members shall serve staggered terms of four years. The election shall be held, beginning in 1975, at the same time as the regular election for the governing body of High Point, and, except as otherwise provided herein, shall be held and conducted under the laws applicable to nonpartisan elections as provided in Articles 23 and 24 of Chapter 163 of the General Statutes. No primary election shall be held. Notice of candidacy shall be filed as provided in G.S. 163-294.2. The election shall be held and conducted by the Board of Elections which conducts the elections for the City of High Point.

At the election to be held in November, 1975, four candidates, one from each of the four wards will be elected for terms of four years, the candidate receiving the highest number of votes in each ward to be declared the ward representative. If any ward fails to produce a candidate for ward representative, the High Point City Council shall appoint a ward representative from that ward to serve a four-year term.

At the regular meeting in December following the election in November, the Board shall elect one of its members to serve as chairman for a two-year term.

Those areas outside the city limits, but within the High Point City School Administrative Unit shall be considered as part of the nearest contiguous ward. The final decision on which ward this will be shall be made by the Guilford County Board of Elections.

In 1977, three members will be elected, those three candidates receiving the highest total of votes in all wards being declared at-large members of the school board.

By the first Monday in December, 1975, the City Council of High Point shall have appointed three at-large members to serve until the effective date of the election in 1977. Thereafter, as terms expire, successors shall be elected for terms of four years.

Whenever a vacancy occurs, other than by expiration of term, it shall be filled for the unexpired term by appointment by the City Council of High Point.

The term of office shall commence on the first Monday in December after the election. Terms of the incumbent members of the City Board of Education serving during the year 1975, shall be increased or decreased so as to expire on the first Monday in December, 1975.

Sec. 2. At the regular general election for city officers to be held in High Point in 1973, the Guilford County Board of Elections shall submit to the qualified voters of the High Point City Administrative School Unit the question whether the members of the High Point City Board of Education shall be elected or appointed. The Board of Elections shall cause a notice of the special election to be published once a week for four weeks immediately prior to the closing of the registration records. Said notice shall be published in a newspaper having general circulation in the City of High Point, and shall state the purpose of the election and the issues to be voted upon. The voter shall be permitted to vote for only one issue.

The issues on the ballot shall be as follows:

"Issue No. 1.

FOR election of the City Board of

Education and AGAINST appointment of its

members.

Issue No. 2.

FOR appointment of City Board of

Education and AGAINST election of its

members."

The issue receiving the largest number of votes shall be passed and the other defeated. If Issue No. 1 is passed, then Section 2 of this act shall be null and void, and Section 1 shall become effective upon the certification of the results by the Board of Elections.

If Issue No. 2 is passed, then Section 1 of this act shall be null and void and Section 2 shall become effective upon the certification of the results by the Board of Elections.

Sec. 3. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 17th day of May, 1973.