NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 380

SENATE BILL 407

 

AN ACT TO PROVIDE FOR THE NOMINATION AND THE ELECTION OF MEMBERS OF THE MARTIN COUNTY BOARD OF EDUCATION.

 

The General Assembly of North Carolina do enact:

 

Section 1.  The Martin County Board of Education shall consist of six members who shall serve for terms of four years each, and, for purposes of electing members of said Board, Martin County is divided into five districts bounded and described as follows:

"District No. 1, Bear Grass School Attendance Zone.

"District No. 2, Jamesville School Attendance Zone.

"District No. 3, Williamston School Attendance Zone.

"District No. 4, Goose Nest-Hamilton School Attendance Zone.

"District No. 5, Robersonville-Everetts School Attendance Zone.

Sec. 2.  It is the purpose of this act that there shall be two members on the Martin County Board of Education to represent District No. 3 and one member on the said Board to represent each of the other said Districts.

Sec. 3.  The terms of office of Leroy Harrison, Macon M. Holliday, George McRorie, H. N. Jackson and Laurence Eason Lilley, shall not be affected by this act.

Sec. 4.  In the primary election to be held in Martin County in 1972, there shall be elected three members of the Martin County Board of Education.  One of the said members shall be a resident of District No. 3, the Williamston School Attendance Zone, one shall be a resident of District No. 1, the Bear Grass School Attendance Zone, and one shall be a resident of District No. 2, the Jamesville School Attendance Zone, and these members so elected shall serve for terms of four years each.  In the primary election to be held in Martin County in 1974, there shall be elected three members of the Martin County Board of Education. One of said members shall be a resident of District No. 3, the Williamston School Attendance Zone, one shall be a resident of District No. 4, the Goose Nest-Hamilton School Attendance Zone, and one shall be a resident of District No. 5, the Robersonville-Everetts School Attendance Zone, and these members so elected shall serve for terms of four years each. Quadrennially thereafter, as the terms of office of the said members of the Martin County Board of Education shall expire, there shall be elected a sufficient number of members to fill all vacancies occurring by reason of expiration of office.  The members so elected in said primary elections shall be residents of the District of the member or members whose terms of office are expiring. The said members so elected shall take the oath of office on the next succeeding first Monday in December following their election.

Sec. 5.  The members representing the various Districts on the Martin County Board of Education shall be residents of the said Districts and shall file with the County Board of Elections of Martin County a notice of candidacy which shall give the candidate's name, address, place of residence and a statement that he desires to be a candidate for membership on the said Martin County Board of Education for the District in which he resides. The election of said members of said Board shall be in the primary as heretofore set forth and shall be by non-partisan election. The Board of Elections of Martin County shall prepare a separate ballot for the election of said members which shall, among other things, contain the name of the candidate, the school district that he desires to represent and shall not contain any reference to party affiliation in any manner or form.  The said candidates for membership on the Martin County Board of Education shall be voted on at large by the eligible voters of Martin County, and the Board of Elections of Martin County shall canvass and judicially determine the results of said election and declare the members so elected.  The candidates receiving the highest number of votes in any particular District shall be declared to be elected, and there shall be no other election until the regular time above named and after expiration of terms of office. It is the intent and purpose of this act that said members of the Martin County Board of Education shall be elected in said primary or primaries and there shall be no further election in the general election.  All persons so elected shall serve until their successors are elected and qualified, and any vacancy occurring on the Martin County Board of Education by death, resignation or otherwise shall be filled by the remaining members of the Martin County Board of Education for the unexpired term, but the person appointed to fill such vacancy must be from the same District as the person whose death, resignation or removal created the vacancy on said Martin County Board of Education.  In the event that the remaining members of the Martin County Board of Education do not act regarding such a said vacancy within 30 days, the vacancy shall be filled by the North Carolina State Board of Education in accordance with the heretofore stated requirements.  If there is no candidate from a District or Districts this shall constitute a vacancy which shall be filled as hereinabove provided.

Sec. 6.  The election of said members of the Martin County Board of Education in the various primary elections as hereinabove provided shall be governed by Chapter 163 of the General Statutes, relating to primaries and elections, insofar as the same may be applicable and not in conflict with the expressed terms of this act.  The Martin County Board of Elections is hereby authorized and empowered to create any necessary precincts, to appoint any necessary election officials and to set up and establish all necessary books and records for the conduct of said election in said primary.

Sec. 7.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 14th day of May, 1971.