NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 183

HOUSE BILL 226

 

 

AN ACT TO AMEND CHAPTER 128 OF THE GENERAL STATUTES TO PROVIDE A PROCEDURE FOR FILLING VACANCIES IN PUBLIC OFFICE FOR FAILURE TO QUALIFY.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 128 of the General Statutes of North Carolina is amended by adding a new section designated as G.S. 128-7.1 and to read as follows:

"G.S. 128-7.1. Failure to qualify creates vacancy. — If any person who has been elected to public office (1) dies or becomes disqualified for the office before qualifying for the office, or (2) for any reason refuses to qualify for the office, the office shall be declared vacant. Unless otherwise provided by law, such vacancy shall be filled by appointment by the authority having the power to fill vacancies as prescribed by law."

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 9th day of April, 1971.