NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 159

HOUSE BILL 287

 

 

AN ACT TO AMEND CHAPTER 163 OF THE GENERAL STATUTES RELATING TO THE APPOINTMENT OF ELECTIONS OFFICIALS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Article 4 of Chapter 163 is amended by rewriting G.S. 163-30, as it appears in the 1974 Cumulative Supplement to Volume 3D of the General Statutes, to read as follows:

"§ 163-30.  County boards of elections; appointments; terms of office; qualifications; vacancies, oath of office; instructional meetings. — In every county of the State there shall be a county board of elections to consist of three persons of good moral character, who are registered voters in the county in which they are to act. Members of county boards of elections shall be appointed by the State Board of Elections on the Tuesday following the first Monday in June, 1975, and every two years thereafter, and their terms of office shall continue for two years from the specified date of appointment and until their successors are appointed and qualified. Not more than two members of the county board of elections shall belong to the same political party.

No person shall serve as a member of the county or State board of elections who holds any elective public office or who is a candidate for any office in the primary or election.

No person, while acting as a member of a county board of elections, shall serve as a State, district or county campaign manager or treasurer of any candidate in a primary or election or as a chairman of any State, district or county political organization.

The State chairman of each political party shall have the right to recommend to the State Board of Elections three registered voters in each county for appointment to the board of elections for that county. If such recommendations are received by the Board 15 or more days before the Tuesday following the first Monday in June, 1975, and each two years thereafter, it shall be the duty of the State Board of Elections to appoint the county boards from the names thus recommended.

Whenever a vacancy occurs in the membership of a county board of elections for any cause the State chairman of the political party of the vacating member shall have the right to recommend two registered voters of the affected county for such office, and it shall be the duty of the State Board of Elections to fill the vacancy from the names thus recommended.

At the meeting of the county board of elections required by G.S. 163-31 to be held on Tuesday following the third Monday in June in the year of their appointment the members shall take the following oath of office:

'I, __________, do solemnly swear (or affirm) that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina and to the constitutional powers and authorities which are or may be established for the government thereof; that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States; and that I will well and truly execute the duties of the office of member of the __________ County Board of Elections to the best of my knowledge and ability, according to law; so help me, God.'

Each member of the county board of elections shall attend each instructional meeting held pursuant to G.S. 163-46, unless excused for good cause by the chairman of the board, and shall be paid the sum of twenty-five dollars ($25.00) per day for attending each of those meetings."

Sec. 2.  G.S. 163-31, as it appears in Volume 3D of the General Statutes, is rewritten to read as follows:

"§ 163-31.  Meetings of county boards of elections; quorum; minutes. — In each county of the State the members of the county board of elections shall meet at the courthouse or board office at noon on the Tuesday following the third Monday in June in the year of their appointment by the State Board of Elections and, after taking the oath of office provided in G.S. 163-30, they shall organize by electing one member chairman and another member secretary of the county board of elections. On the Tuesday following the first Monday in August of the year in which they are appointed the county board of elections shall meet and appoint precinct registrars and judges of elections. The board may hold other meetings at such times as the chairman of the board, or any two members thereof, may direct, for the performance of duties prescribed by law. A majority of the members shall constitute a quorum for the transaction of board business. The chairman shall notify, or cause to be notified, all members regarding every meeting to be held by the board.

The county board of elections shall keep minutes recording all proceedings and findings at each of its meetings. The minutes shall be recorded in a book which shall be kept in the board office and it shall be the responsibility of the secretary, elected by the board, to keep the required minute book current and accurate. The secretary of the board may designate the executive secretary to record and maintain the minutes under his supervision."

Sec. 3.  G.S. 163-41(a) as it appears in the 1974 Cumulative Supplement to Volume 3D of the General Statutes, is amended by rewriting the first paragraph thereof to read as follows:

"§ 163-41.  Precinct registrars and judges of election; special registration commissioners; appointment; terms of office; qualifications; vacancies; oaths of office. — (a) Appointment of Registrar and Judges. At the meeting required by G.S. 163-31 to be held on the Tuesday following the first Monday in August of the year in which they are appointed, the county board of elections shall appoint one person to act as registrar and two other persons to act as judges of election for each precinct in the county. Their terms of office shall continue for two years from the specified date of appointment and until their successors are appointed and qualified. It shall be their duty to conduct the primaries and elections within their respective precincts. Persons appointed to these offices must be registered voters and residents of the precinct for which appointed, of good repute, and able to read and write. Not more than one judge in each precinct shall belong to the same political party as the registrar, provided, however, that in a primary election in which only one political party participates only the judge and assistants, appointed pursuant to G.S. 163-42, of the political party participating in said primary, shall serve, along with the registrar, for that particular primary. For purposes of this section, the second primary provided for in G.S. 163-111 shall be considered part of the first primary and not a separate primary election."

Sec. 4.  G.S. 163-41(b), as it appears in the 1974 Cumulative Supplement to Volume 3D of the General Statutes, is rewritten to read as follows:

"(b)      Appointment of Special Registration Commissioners. In counties which adopt full-time and permanent registration the county board of elections may, in its discretion, in addition to registrars, select persons of good repute to act as special registration commissioners. Persons appointed as special registration commissioners shall be appointed at the same time as required by G.S. 163-41 for the appointment of registrars and shall serve for two years, but the county board of elections may terminate their authority at any time without cause.

In counties authorized to appoint special registration commissioners the chairman of each political party shall have the right to recommend registered voters who are residents of the county for appointment as special registration commissioners. If such recommendations are received by the county board of elections at least five (5) days prior to the date on which such appointments must be made the county board should make appointments from the names thus recommended, although it shall not be required to do so.

Before entering upon his duties each special registration commissioner shall take and subscribe the following oath of office to be administered by an officer authorized to administer oaths and file it with the county board of elections:

'I, ________, do solemnly swear (or affirm) that I will support the Constitution of the United State; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States; that I will administer the duties of my office as special registration commissioner for ________ County without fear or favor, to the best of my knowledge and ability, according to law; so help me, God.'"

Sec. 5.  The terms of office for all members of county boards of elections, serving at the time of ratification of this act, shall expire on June 17, 1975, at 12 o'clock noon.

Sec. 6.  The terms of office for all precinct election officials, serving at the time of ratification of this act, shall expire at 12 o'clock noon on August 5, 1975.

Sec. 7.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 23rd day of April, 1975.