NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 1136

HOUSE BILL 1645

 

 

AN ACT TO CHANGE THE MANNER OF ELECTION OF THE DUPLIN COUNTY BOARD OF EDUCATION.

 

The General Assembly of North Carolina enacts:

 

Section 1. Chapter 1046, Session Laws of 1967, is repealed.

Sec. 2. The Board of Education of Duplin County consists of five members.  Members shall continue to hold office until their successors are elected and qualify.  Members shall be elected for four-year terms, and take office the first meeting in December following their election.

Sec. 3. (a)  Duplin County is divided into five districts for the election of members of the Board of Education.  Said districts shall be the same as established for the Board of Commissioners by Chapter 67, Public-Local Laws of 1939, as amended under former G.S. 153-5.2 by resolution of the Duplin County Board of Commissioners on February 21, 1966, as follows:

District #1 shall be composed of Warsaw Township and Faison Precinct.

District #2 shall be composed of Calypso Precinct, Wolfscrape, Glisson, Albertson and Smith Townships.

District #3 shall be composed of Limestone and Cypress Creek Townships.

District #4 shall be composed of Island Creek and Rockfish Townships.

District #5 shall be composed of Rose Hill, Magnolia, and Kenansville Townships.

(b)       Any change in the boundaries of the districts established for the Board of Commissioners also applies to the districts for election of the Board of Education.

Sec. 4. The qualified voters of each district shall nominate candidates who reside in the district for seats apportioned to that district and the qualified voters of the entire county shall elect all the members of the Board.

Sec. 5. The nomination and election of members of the Duplin County Board of Education shall be conducted on a partisan basis in accordance with Chapter 163 of the General Statutes, except as modified in this act.

Sec. 6. Notwithstanding G.S. 163-107, the filing fee for Duplin County Board of Education shall be five dollars ($5.00).

Sec. 7. In case of any vacancy on the Board of Education because of death, resignation, failure to qualify, removal or change of residency so the member no longer resides in the district, then the county executive committee of the political party of the member causing the vacancy shall appoint some eligible person who resides in that district to fill the vacancy for the unexpired term.

Sec. 8. If the districts for the Board of Education are changed so that an incumbent member no longer resides in the district for which the member is elected, the member may continue to serve the balance of the term unless the member moves and after such move does not reside in the district as redefined.

Sec. 9. (a)  The person elected in November of 1980 to replace Frederick Rhodes shall represent District #2 until the first meeting in December 1986.  A successor shall be elected in 1986 and quadrennially thereafter.

(b)       Edward Boyette shall represent District #3 until the first meeting in December 1982. A successor shall be elected in 1982 and quadrennially thereafter.

(c)       Graham Phillips shall represent District #4 until the first meeting in December 1982. A successor shall be elected in 1982 and quadrennially thereafter.

(d)       Patricia Broadrick and James Strickland shall represent Districts #1 and #5 until the first meeting in December 1984. In 1984 and quadrennially thereafter, a successor shall be elected for District #1. In 1984 and quadrennially thereafter, a successor shall be elected for District #5. If a vacancy should occur prior to the first meeting in December 1984, the appointed successor may reside in either district.

Sec. 10. This act shall become effective January 1, 1981, except that the person elected in the 1980 election shall qualify and take office on the first Monday in April 1981.

In the General Assembly read three times and ratified, this the 20th day of June, 1980.