GENERAL ASSEMBLY OF NORTH CAROLINA

1991 SESSION

 

 

CHAPTER 302

HOUSE BILL 610

 

AN ACT TO PROVIDE RESIDENCY DISTRICTS FOR ELECTION OF THE MARTIN COUNTY BOARD OF COMMISSIONERS, TO IMPLEMENT A CONSENT ORDER IN THE CASE OF DANIELS V. BOARD OF COMMISSIONERS OF MARTIN COUNTY.

 

The General Assembly of North Carolina enacts:

 

Section 1.  The Board of Commissioners of Martin County shall consist of five members, to be elected at-large by the entire electorate of the county, under a system of limited voting, as follows:

(1)       There shall be two residency districts created within the county as follows:

a.         The WESTERN DISTRICT shall consist of the townships of Poplar Point, Goose Nest, Hamilton, Robersonville and Cross Roads;

b.         The EASTERN DISTRICT shall consist of the townships of Williamston, Beargrass, Jamesville, Williams and Griffins;

(2)       Two of the five commissioners shall reside in the WESTERN DISTRICT.  They shall be elected simultaneously, and each voter in the county shall be permitted to cast one vote in the primary, and one vote in the general election, for these two commission seats;

(3)       Three of the five commissioners shall reside in the EASTERN DISTRICT.  They shall be elected simultaneously, and each voter in the county shall be permitted to cast two votes in the primary, and two votes in the general election, for these three commission seats.

(4)       The candidates receiving the highest number of votes shall be declared the winners of the primary, and of the general elections, respectively.  No run-off elections shall be held.

Sec. 2.  Elections shall remain partisan, and terms of office shall continue to be four years, except as set forth in this act.

Sec. 3.  This new system of election shall be implemented as follows:

(1)       A regular election was scheduled for election of two members of the Board of Commissioners of Martin County for November 6, 1990.  The primary election for those seats was already held in April of 1990.  In light of the pending lawsuit and the desire of the parties to settle this matter, this election was held under the old system of election, except that the persons elected to office were elected to a two-year term, instead of a four-year term of office;

(2)       All five seats on the Board of Commissioners of Martin County shall come up for election in 1992.  Both the primary and general elections shall be held under the system of limited voting set out above, with each voter casting one vote for the commissioners in the WESTERN DISTRICT of the county, and casting two votes for the commissioners in the EASTERN DISTRICT of the county.  The two commissioners elected to the WESTERN DISTRICT shall serve a two-year term; these two seats will therefore be up for election again in 1994, and every four years thereafter.  The three commissioners elected to the EASTERN DISTRICT shall serve a four-year term, and shall be up for election again in 1996, and every four years thereafter.

(3)       Except as they may conflict with the provisions of this act, the laws of the State of North Carolina shall continue to govern elections for the Board of Commissioners of Martin County and the laws of the State shall continue to govern and prescribe the powers and duties of the Board of Commissioners.

Sec. 4.  Chapter 741 of the 1955 Session Laws, Chapter 36 of the Public-Local Laws of 1937, Chapter 400 of the Public-Local Laws of 1935 and Chapter 291 of the 1907 Public Laws are hereby repealed.

Sec. 5.  This act is effective upon ratification.

In the General Assembly read three times and ratified this the 17th day of June, 1991.

 

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James C. Gardner

President of the Senate

 

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Daniel Blue, Jr.

Speaker of the House of Representatives