NORTH CAROLINA GENERAL ASSEMBLY

1981 SESSION

CHAPTER 84

SENATE BILL 123

AN ACT TO AMEND THE REQUIREMENTS FOR A SUPERVISOR OF ELECTIONS AND THE PROCEDURE FOR TERMINATION OF SUCH EMPLOYMENT.

The General Assembly of North Carolina enacts:

Section 1. Subsections (a) and (b) of G.S. 163-35 are rewritten to read:

"(a)       In the event a vacancy occurs in the office of county supervisor of elections in any of the county boards of elections in this State, the county board of elections shall submit the name of the person it recommends to fill the vacancy, in accordance with provisions specified in this section, to the Executive Secretary-Director of the State Board of Elections who shall issue a letter of appointment. A person shall not serve as a supervisor of elections if he:

(1)        holds any elective public office;

(2)        is a candidate for any office in a primary or election;

(3)        holds any office in a political party or committee thereof;

(4)        is a campaign chairman or finance chairman for any candidate for public office or serves on any campaign committee for any candidate;

(5)        has been convicted of a felony in any court unless his rights of citizenship have been restored pursuant to the provisions of Chapter 13 of the General Statutes of North Carolina;

(6)        has been removed at any time by the State Board of Elections following a public hearing; or

(7)        is a member or a spouse, child, spouse of child, parent, sister, or brother of a member of the county board of elections by whom he would be employed.

(b)        Appointment, Duties; Termination. Upon receipt of a nomination from the county board of elections stating that the nominee for Supervisor of Elections is submitted for appointment upon majority selection by the county board of elections the Executive Secretary-Director shall issue a letter of appointment of such nominee to the chairman of the county board of elections within 10 days after receipt of the nomination. Thereafter, the county board of elections shall enter in its Official Minutes the specified duties, responsibilities and designated authority assigned to the supervisor by the county board of elections. A copy of the specified duties, responsibilities and designated authority assigned to the supervisor shall be filed with the State Board of Elections.

Termination of employment of a supervisor of elections shall be upon a majority vote by the county board of elections following notice of 15 days to the Supervisor."

Sec. 2. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 13th day of March, 1981.