NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 697

SENATE BILL 302

 

 

AN ACT TO PROVIDE DOUBLE OFFICE HOLDING PROVISIONS FOR THE GENERAL STATUTES CONSISTENT WITH THE NEW CONSTITUTION.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 128-1 is hereby amended by deleting the semicolon and the remainder of the section after that semicolon so that G.S. 128-1 shall read as follows:

"§ 128-1.  No person shall hold more than one office. — No person who shall hold any office or place of trust or profit under the United States, or any department thereof or under this State, or under any other state or government, shall hold or exercise any other office or place of trust or profit under the authority of this State, or be eligible to a seat in either house of the General Assembly except as provided in G.S. 128-1.1."

Sec. 2.  A new section, to be designated G.S. 128-1.1 is hereby enacted to read as follows:

"§ 128-1.1.  Dual office holding allowed. — (a) Any person who holds an appointive office, place of trust or profit in State or local government is hereby authorized by the General Assembly, pursuant to Article VI, Sec. 9 of the North Carolina Constitution, to hold concurrently one other appointive office, place of trust or profit, or an elective office in either State or local government.

(b)        Any person who holds an elective office in State or local government is hereby authorized by the General Assembly, pursuant to Article VI, Sec. 9 of the North Carolina Constitution to hold concurrently one other appointive office, place of trust or profit, in either State or local government.

(c)        Any person who holds an office or position in the federal postal system is hereby authorized to hold concurrently therewith one position in State or local government."

Sec. 3.  G.S. 128-2 is hereby amended by striking from the third line thereof the words "the seventh section of the fourteenth article of the Constitution of the State" and by substituting in lieu thereof "Article VI, Sec. 9 of the North Carolina Constitution", so that G.S. 128-2 shall read as follows:

"§ 128-2.  Holding office contrary to the Constitution; penalty. — If any person presumes to hold any office, or place of trust or profit, or is elected to a seat in either house of the General Assembly, contrary to Article VI, Sec. 9 of the North Carolina Constitution, he shall forfeit all rights and emoluments incident thereto."

Sec. 4.  This act shall become effective on July 1, 1971.

In the General Assembly read three times and ratified, this the 30th day of June, 1971.