NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 542

SENATE BILL 336

 

 

AN ACT RELATING TO REGISTRATION OF VOTERS RESIDING WITHIN THE CITY LIMITS OF THE CITY OF ROCKY MOUNT.

 

WHEREAS, the City of Rocky Mount is located in both Nash and Edgecombe Counties; and

WHEREAS, registration and voting for municipal elections in the City of Rocky Mount are held under the supervision and authority of the Rocky Mount Municipal Board of Elections and registration and voting for county and State elections in the City of Rocky Mount are held under the supervision and authority of the Nash and Edgecombe County Boards of Election respectively; and

WHEREAS, because registration and voting for elections in the City of Rocky Mount are conducted under the supervision and authority of three separate boards of election confusion has arisen among the voters residing within the City of Rocky Mount relative to the dates, places and necessity of registration for municipal, county and State elections; and

WHEREAS, such confusion can be eliminated and the voters residing in the City of Rocky Mount will be better able to register and vote in city, county and State elections if there is a single, permanent place of registration in the City of Rocky Mount for all elections and if a permanent loose-leaf system of registration is established for that place of registration: Now, therefore,

 

The General Assembly of North Carolina do enact:

Section 1. To better enable the voters residing within the City of Rocky Mount to register and vote in municipal, county and State elections, and in the primaries held in connection therewith, the Rocky Mount Municipal Board of Elections and the Nash and Edgecombe County Boards of Election shall establish a permanent, loose-leaf system of registration pursuant to the provisions of North Carolina General Statutes 163-43 and 163-31.2, which shall be the system of registration for all voters residing in the City of Rocky Mount for all municipal, county and State elections and the primaries held in connection therewith; provided, however, that nothing contained herein shall in any way affect the system of registration for county and State elections in precincts in Nash and Edgecombe Counties other than the precincts within the City of Rocky Mount.

Sec. 2. The Rocky Mount Municipal Board of Elections and the Nash County Board of Elections shall from time to time divide that portion of the City of Rocky Mount lying in Nash County into precincts which shall be the same for all elections and the Rocky Mount Municipal Board of Elections and the Edgecombe County Board of Elections shall do the same for that portion of the City of Rocky Mount in Edgecombe County. Separate registration books shall be maintained for those voters residing in each precinct. All registration books shall be kept and administered at a permanent voter registration office to be maintained by the three boards of election at a convenient place within the City of Rocky Mount in either Nash or Edgecombe County. The initial permanent voter registration office shall be in City Hall Annex at 143 Northeast Main Street, Rocky Mount, Edgecombe County. The location of the permanent voter registration office may be changed from time to time by the three boards of election. The hours that the permanent voter registration office shall be open for registration from time to time shall be determined by the three boards of election and as provided by law.

Sec. 3. Registration of voters at the permanent voter registration office shall be administered by one permanent full-time registrar to be named by the three boards of election. The registrar may be assisted by such assistant registrars as the three boards of election from time to time shall determine. Such registrar and assistant registrars may be residents of either Nash or Edgecombe County but shall be residents of the City of Rocky Mount and shall otherwise meet the qualifications for registrars as provided by Article 5 of Chapter 163 of the General Statutes of North Carolina. Compensation of the registrar and assistant registrars shall be as from time to time determined by the three boards of election.

Sec. 4. In addition to the registrar and assistant registrars provided for in Section 3 hereof, the Rocky Mount Municipal Board of Elections and the Nash County Board of Elections from time to time shall appoint one precinct registrar and two judges of election for each precinct in that portion of the City of Rocky Mount lying in Nash County and the Rocky Mount Municipal Board of Elections and the Edgecombe County Board of Elections shall do the same for those precincts in that portion of the City of Rocky Mount lying in Edgecombe County. Each precinct registrar and judge of elections shall meet the qualifications provided by Article 5 of Chapter 163 of the General Statutes of North Carolina for such offices and shall receive such compensation as shall be from time to time determined by the three boards of election. The precinct registrars and judges of election shall perform only those duties provided by Chapter 163 of the General Statutes of North Carolina to be performed by registrars and judges of election on election day in counties that do not have permanent, loose-leaf systems of registration.

Sec. 5. The cost of maintaining and operating the permanent voter registration office shall be according to a budget to be recommended by the three boards of election and approved by the Board of Commissioners of Edgecombe and Nash Counties and the City Council of the City of Rocky Mount, who shall appropriate funds for the payment of the same, the cost thereof to be shared equally by the three governing bodies. The proper disbursing officer of each governing body shall pay to the registrar, on demand, its share of the budget. The registrar shall maintain books of account of all receipts and disbursements received or made in connection with the operation of the permanent voter registration office, which books shall be open to inspection at all times to any of the three boards of election and the governing bodies of their respective governmental units or to their designees.

Sec. 6. All elections shall be conducted by the respective boards of election in the manner provided by law. Registration of voters shall continue during the period the books are required to be closed for any election but no person registered during such period shall be entitled to vote in the election then pending unless otherwise entitled by law. The registration books shall be delivered by the registrar to the appropriate board or boards of election on election day and such board or boards of election shall have exclusive custody of the same for the day and shall return the same to the registrar by 9:00 A. M. on the morning following the day of election. The cost of municipal elections shall be borne exclusively by the Rocky Mount Municipal Board of Elections and the cost of county and State elections shall be borne by the Nash and Edgecombe County Boards of Election respectively, except special elections which are paid for by the State.

Sec. 7. The tests of qualification for registration provided by Article VI, Section 4 of the Constitution of North Carolina and by Article 6 of Chapter 163 of the General Statutes of North Carolina shall be uniform in content and administration throughout the City of Rocky Mount and all of Nash and Edgecombe Counties and shall be such as from time to time is determined by the three boards of election.

Sec. 8. In the event the city limits of the City of Rocky Mount are extended, the annexed area shall become parts of those voting precincts within the City of Rocky Mount as the Rocky Mount Municipal Board of Elections and the Nash County Board of Elections shall determine for those portions of Nash County annexed to the City of Rocky Mount and as the Rocky Mount Municipal Board of Elections and the Edgecombe County Board of Elections shall determine for those portions of Edgecombe County annexed to the City of Rocky Mount. The City Clerk of the City of Rocky Mount shall advise the registrar and the affected boards of election of each annexation as soon as the same becomes effective. As soon thereafter as the annexed areas are assigned to voting precincts within the City of Rocky Mount, as provided above, the respective county board of elections shall remove the names of each voter residing in the newly annexed areas from the registration books of the old precinct in which the newly annexed area was previously located and the registrar shall advise the residents of the newly annexed area in writing of the change and that a new registration by each voter living in the area will be necessary.

Sec. 9. Whenever any action or matter herein is to be determined by any two or more of the three boards of election, the same shall be determined by the unanimous decision of the affected boards of election, the decision of each separate board of election on the same to be determined in the manner provided by law.

Sec. 10. All laws and clauses of laws in conflict herewith are hereby repealed.

Sec. 11. This Act shall be effective from and after July 1, 1965.

In the General Assembly read three times and ratified, this the 14th day of May, 1965.