NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

CHAPTER 867

SENATE BILL 361

AN ACT TO AMEND THE CHARTER OF THE TOWN OF ROWLAND REGARDING ELECTION AND TERMS OF OFFICE OF TOWN OFFICIALS.

The General Assembly of North Carolina do enact:

Section 1. Chapter 266 of the Private Laws of North Carolina, Session of 1889, as amended by Chapter 110, Private Laws of North Carolina, Session of 1925, and Chapter 123, Private Laws of North Carolina, Session of 1935, are hereby amended by striking out all of Sections 1 and 2 of Chapter 110, Private Laws of 1925, and all of Section 1 of Chapter 123, Private Laws of 1935.

Sec. 2. Section 7 of Chapter 266 of Private Laws of 1889, is hereby amended by striking out the word "annually" in line three thereof and inserting in lieu thereof the words "biennially in one general election", and by inserting at the end of said Section the following: "At the election to be held in the year 1963, as well as in all succeeding biennial elections, two commissioners shall be elected for a term of four years. The mayor, at the election to be held in the year 1963, and at all elections thereafter, shall be elected for a term of two years."

Sec. 3. Section 13 of Chapter 266, Private Laws of 1889, is hereby amended by striking out said Section and inserting in lieu thereof the following: "The voters shall vote by ballot, having the names of the candidates for the office of mayor on one ballot and the names of the candidates for commissioner on a separate ballot, printed on white paper and without any device; and the candidate having a plurality of the votes cast for mayor, and the two candidates having a plurality of the votes cast for commissioner, shall be declared by the judges of the election to be elected, who shall certify said facts to the town clerk. In the event any candidate or candidates for the office of mayor or commissioner fail to receive a plurality, or in the event of a tie vote being cast, and upon failure of the candidates involved to resolve said lack of plurality or similar vote between themselves and notification of such fact by them to the town clerk within two days after the result of said election having been certified by them to the town clerk, the judges of the election shall order a second election to be held on a day two weeks after the date of the first election, notice of which shall be given by posting the same at the city hall and two other places in said town, showing the time and place and the names of the candidates and offices involved."

Sec. 4. Section 35 of Chapter 266, Private Laws of 1889, as amended, is hereby further amended by striking out, from lines 5, 6, 7 and 8, all the words beginning with the word "provided" and ending with the word "poll".

Sec. 5. Section 12 of Chapter 266, Private Laws of 1889, is hereby amended by striking out the word "sunset" and substituting in lieu thereof "six o'clock".

Sec. 6. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 7. 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 16th day of June, 1961.