NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 43

HOUSE BILL 143

 

AN ACT TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE CHAPEL HILL- CARRBORO CITY BOARD OF EDUCATION AND FIXING FOUR-YEAR STAGGERED TERMS OF OFFICE.

 

The General Assembly of North Carolina enacts:

 

Section 1. Chapter 161, Session Laws of 1973, is hereby repealed.

Sec. 2. Section 2 of Chapter 254, Session Laws of 1955 as amended by Section 1 of Chapter 100, Session Laws of 1959, is hereby rewritten to read as follows:

"Section 2. The Chapel Hill-Carrboro City Board of Education shall consist of seven members who shall be elected for staggered terms of four years as herein provided.

The terms of the members elected under this act shall begin on the first Monday in December following their election. The terms of the present members shall not be affected by this act, provided however, the present members shall serve until the first Monday in December following the election of their successors under this act.

At the election to be held in November, 1975, two members shall be elected for terms of four years. Beginning with the election to be held in November, 1977, and every four years thereafter, three members shall be elected for terms of four years. At the election to be held in November, 1979, and every four years thereafter, four members shall be elected for terms of four years.

The election shall be held and conducted by the Orange County Board of Elections at the same time and under the provisions of Articles 23 and 24 of Chapter 163 of the General Statutes which are applicable to the election of municipal officers in Chapel Hill and Carrboro."

Sec. 3. Section 5 of Chapter 254, Session Laws of 1955, is hereby repealed.

Sec. 4. Vacancies occurring on the Chapel Hill-Carrboro City Board of Education for any reason other than by expiration of the term shall be filled by appointment of the remaining members of the Board. If the member being replaced was serving in the last two years of his four-year term, the appointment to fill the vacancy is for the remainder of the unexpired term. Otherwise, the term of the person appointed to fill the vacancy extends to the first Monday in December next following the first regular school board election held more than 40 days after the vacancy occurs, and at that election, a person shall be elected to the seat vacated, either to the remainder of the unexpired term or, if the term has expired, to a full term.

If at any election for members of the Chapel Hill-Carrboro City Board of Education vacancies have occurred and there are both regular four-year terms and two-year unexpired terms to be filled by election, the candidates elected with the greatest numbers of votes shall be elected for regular four-year terms, and the candidates elected with the lowest numbers of votes shall be elected to fill the remainder of the unexpired terms.

Sec. 5. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 10th day of March, 1975.