NORTH CAROLINA GENERAL ASSEMBLY
1963 SESSION

CHAPTER 922
SENATE BILL 535

AN ACT TO AMEND THE CHARTER OF THE TOWN OF CARY AS CONTAINED IN CHAPTER 80 OF THE PRIVATE LAWS OF 1870‑71, AS AMENDED.

The General Assembly of North Carolina do enact:

ARTICLE 1. The Charter of the Town of Cary as contained in Chapter 80 of the Private Laws of 1870‑71, as amended, is hereby further amended as follows:
Section 1. Municipal Elections. All general elections and special elections in the Town of Cary shall be called by resolution of the Wake County Board of Elections upon resolution of the Town of Cary requesting said Board to call such election. All elections shall be held, conducted and supervised by the Wake County Board of Elections under the laws governing the conduct of general elections and special elections in the State of North Carolina, except as otherwise may be provided by this Act.
Sec. 2. General Election Candidates. Candidates for any elective office in the Town of Cary shall file with the Wake County Board of Elections not later than 6:00 o'clock P.M. on the second Saturday preceding the date prescribed for the general election by this Act a statement of such candidacy in substantially the following form:
STATE OF NORTH CAROLINA
COUNTY OF WAKE
I, __________________________, being first duly sworn say that I reside at ________________ Street, Cary, Wake County, North Carolina; that I am a candidate for the office of ________________, which office is to be filled at the general election of the Town of Cary to be held on Tuesday after the first Monday in May in the year ______, and I hereby request that my name be printed upon the official ballot as a candidate for said office in said general election.
		
Subscribed and sworn to (or affirmed) before me this _____________________ day of 
_________________ in the year __________.
		.
Each person so filing as a candidate for elective office in the Town of Cary shall pay at the same time to the Wake County Board of Elections to be turned over to the Town of Cary a filing fee in an amount equal to one per cent (1%) of the annual salary of the office sought or five dollars ($5.00), whichever shall be greater. Immediately upon the expiration of the time for filing statements of candidacy, the Wake County Board of Elections shall cause to be published once in a daily newspaper of general circulation in the Town of Cary and further shall cause to be posted at the Town Hall in the Town of Cary, in proper form, the names of each of the persons so filing statements of candidacy and the office for which each filed as they are to appear upon the general election ballots; and the said Wake County Board of Elections thereupon shall cause the election ballots to be printed as hereinafter set forth.
Sec. 3. Election. On Tuesday, after the first Monday in May, 1965 and every four (4) years thereafter there shall be elected two councilmen and on Tuesday after the first Monday in May, 1967 and every four (4) years thereafter, there shall be elected three councilmen. Councilmen so elected shall serve for terms of four (4) years each and until their successors are elected and qualified, all as provided in Chapter 62 of the 1961 Session Laws of North Carolina. Notice of any election shall be published by the Wake County Board of Elections pursuant to resolution calling said election.
Sec. 4. Election Ballots. The Wake County Board of Elections shall cause ballots to be printed for the municipal election. The ballots shall be printed upon plain substantial white paper and shall be headed CANDIDATES FOR MUNICIPAL OFFICES OF THE TOWN OF CARY AT THE GENERAL MUNICIPAL ELECTION. There shall appear upon said ballots the name of each candidate filing a statement of candidacy for the Council of the Town of Cary and paying the fee as set forth in Section 2 hereof, with a square at the left of each name, and immediately following said names there shall appear the words "Vote For" followed by the designation of the number of elective offices on the Council of the Town of Cary to be filled at said general election. Following this, there shall appear the authenticating facsimile signature of the Chairman of the Wake County Board of Elections and his title. Save for the foregoing items and such instructions as the Wake County Board of Elections may direct to be placed on the ballots, no other writing shall appear on such ballots.
Sec. 5. Voting Machines. Voting machines may be used in any election upon request of the Town of Cary and by consent of the Wake County Board of Elections. Elections using such machines shall be conducted as by law provided and according to such regulations as the Wake County Board of Elections shall prescribe.
Sec. 6. Canvass. At the time and place set forth by law, the Wake County Board of Elections and the registrars of the several precincts within the Town of Cary shall meet and shall constitute the canvassing board for said election. Said canvassing board shall proceed to receive and tabulate the number of votes cast in each precinct for the several candidates as shown by the returns of the registrars and judges, and that number of candidates for offices to be filled in the particular election and receiving the highest number of votes for the office of councilman of the Town of Cary shall be declared elected councilman of the Town of Cary. The canvassing board shall certify under their hands and seals the results of said election, stating the name and number of votes received by each candidate. Two copies of the results of the election shall be made under the hands of the members of said canvassing board, one of which shall be retained by the Wake County Board of Elections and the other of which shall be filed with the Clerk of the Town of Cary who, immediately upon receipt thereof, shall prepare and post a true copy of the results of the election at the Cary Town Hall. In the event of a tie vote among two or more candidates receiving a number of votes which, but for the tie vote, would have entitled any one or more of such candidates to be declared elected, the canvassing board shall determine by lot which shall be elected.
Sec. 7. Special Election. Every election held pursuant to resolution of the Council of the Town of Cary shall be conducted in like manner as provided in this Act and the general election laws for the State of North Carolina so far as the particular case can be governed by general rules, and shall, to all intents and purposes be as legal and valid, and shall subject the officers holding the same and the persons elected at such special election to the same penalties and liabilities as if the same had been held at the time and according to the rules and regulations prescribed for the regular biennial Town elections.
The Council of the Town of Cary shall have power, by appropriate resolution, to require the Wake County Board of Elections to call at any time any special election for the purpose of voting upon any municipal issue, including the question of issuing bonds for any purpose or purposes provided by law.
Sec. 8. Absentee Voting. Absentee voting will not be permitted in any Town of Cary municipal election.
Sec. 9. Registration and Registration Books. In all municipal elections in the Town of Cary, the Wake County Board of Elections shall use the registration books of Wake County, North Carolina for election precincts within the corporate limits of the Town of Cary, and all persons now or hereafter duly registered in such registration books who live within the corporate limits of the Town of Cary shall be entitled to vote in all general and special elections in the Town of Cary. All Town of Cary registration books previously used shall cease to be used in any Town of Cary election and shall be impounded by the Clerk of the Town of Cary.
The registrars of the Wake County Board of Elections in the election precincts lying within the corporate limits of the Town of Cary shall register, in the Wake County registration books according to law all qualified electors in the Town of Cary whose names are not registered upon such registration books and who present themselves to such registrars for registration as by law provided. All electors who are now registered or who in the future may be registered by the registrars of the Wake County Board of Elections in registration precincts lying within the corporate limits of the Town of Cary shall be deemed duly registered for each and every Town, County, State and National primary and election. Such electors shall from time to time be transferred by said registrars from the registration books of one precinct to registration books of other precincts as is now or hereafter may be provided by law.
The registration books of the Wake County Board of Elections for the precincts lying within the corporate limits of the Town of Cary shall remain in the custody of the Wake County Board of Elections, but such registration books shall be used by the Wake County Board of Elections in each and every election held in the Town of Cary.
Sec. 10. Compensation of Election Officials. Notwithstanding the provisions of any other law, special or general, the registrars, judges and clerks of election shall receive for their services such compensation as shall be fixed by the Wake County Board of Elections; provided, the pay of such election officials in a municipal election for the Town of Cary shall not exceed the amount paid to such officials in the holding of County and State elections.
Sec. 11. Costs of Elections. The Town of Cary shall pay all expenses incurred by the Wake County Board of Elections by reason of any election conducted for the Town of Cary, including the following items of expense.
(a)	The actual costs of publication of any election notice or notices.
(b)	The actual costs of printing, including ballots, forms required for the filing of candidates, and any other printed matter.
(c)	The compensation paid to the registrars, judges and clerks of election for the conduct of the election; provided, when any Town of Cary municipal election shall coincide with any other County, State or National election, the Town of Cary shall pay only the pro rata part of such compensation attributable to such municipal election as determined by the Wake County Board of Elections, not exceeding one‑half of the total compensation paid to the registrars, judges and clerks of election for the conduct of the election in precincts within the Town of Cary.
(d)	The compensation paid to the members of the Board of Canvassers for canvassing the votes of the municipal election; provided, when the canvass of votes for any other City, Town, County, State or National election or elections shall coincide with the canvass of votes of a municipal election in the Town of Cary, the Town of Cary shall pay only the pro rata part of such compensation attributable to the canvass of votes for the municipal election of the Town of Cary as determined by the Wake County Board of Elections, not exceeding one‑half of the total compensation paid to the Board of Canvassers.
(e)	The actual costs (or, in the case of costs attributable to elections for the Town of Cary and one or more other Town, City, County or National elections, the pro rata cost as determined by the Wake County Board of Elections), of any other item of expense lawfully incurred by the Wake County Board of Elections in conducting the municipal election for the Town of Cary.
The Wake County Board of Elections, within thirty (30) days after any election conducted for the Town of Cary, shall render a bill computed as herein set forth to the Town of Cary for all items of expense incurred by said Board in the conduct of a municipal election for the Town of Cary, and the Town of Cary shall pay such bill within thirty (30) days after receipt thereof.
Sec. 12. Registrars and Judges; Appointment. Registrars, judges and clerks of elections shall be appointed by the Wake County Board of Elections as required and shall be selected on a nonpartisan basis.
Sec. 13. Reports of Candidates. Each candidate in any Town of Cary general election shall file such reports of contributions received and expenditures made by him directly or by someone for him in connection with or in any way promoting or aiding his candidacy, as may be provided by law.
Sec. 14. Vacancies on Council. If any person elected to the Council of the Town of Cary shall fail or refuse to be qualified, or if a vacancy in any office shall occur for any reason after election and qualification the Council of the Town of Cary shall appoint some person to the Council to serve the unexpired term of the councilman or councilman‑elect who is replaced. If any councilman be unable to discharge the duties of his office, the Council of the Town of Cary may appoint some person to the Council to serve during such disability and the person so appointed shall be vested with all powers and responsibilities of such office while so serving as councilman.
ARTICLE II.
Section 1. Corporate Limits. The corporate limits of the Town of Cary are hereby defined to be the corporate limits as shown on "Corporate Limits Map, Town of Cary" as prepared by Moore, Gardner & Associates, Inc., Consulting Engineers, and bearing date of October, 1960, and as recorded in Book of Maps 1963, Page 46, in the Office of the Register of Deeds for Wake County, North Carolina, which is incorporated herein by reference as is set forth fully herein.
ARTICLE III.
Section. 1. All laws and clauses of laws in conflict with this Act are hereby repealed.
ARTICLE IV.
Section 1. This Act shall be in full force and effect from and after its ratification.
In the General Assembly read three times and ratified, this the 14th day of June, 1963.