GENERAL ASSEMBLY OF NORTH CAROLINA
HOUSE BILL 1133
Short Title: Partisan Election/Transylvania Bd. of Ed.
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
May 19, 2016
A BILL TO BE ENTITLED
AN ACT to change the election method of the transylvania county board of education from nonpartisan to partisan.
The General Assembly of North Carolina enacts:
SECTION 1. Section 1 of Chapter 157, Session Laws of 1975, as amended by Section 1 of Chapter 102, Session Laws of 1993, and Section 1 of Chapter 76, Session Laws of 1995, reads as rewritten:
in 2018, the Board of Education of Transylvania County shall consist of
five members who shall be elected in a nonpartisan election. on a partisan
basis at the time of the general election in each even‑numbered year as
terms expire. The primary and election shall be held and conducted
in accordance with the general laws governing primaries and elections
for county officers, except as otherwise provided herein. The election shall
be held on the date of the county general election, with the results determined
on a plurality basis in accordance with G.S. 163-292. Notices of candidacy
shall be filed not earlier than 12:00 noon on the first Monday in June, and not
later than 12:00 noon on the last Friday in June.This section does not
affect the terms of office of any person elected in 2014 or 2016 to the Board
of Education of Transylvania County.
As the terms of the present members
expire, beginning with the primary and election to be held in
and every two years thereafter, members of the Board of Education shall be
elected for terms of four years."
SECTION 2. Section 3 of Chapter 157, Session Laws of 1975, as amended by Section 2 of Chapter 102, Session Laws of 1993, reads as rewritten:
"Sec. 3. Vacancies in the
membership of the Board of Education occurring for any reason shall be filled
immediately by the Transylvania County Board of Education. Beginning in
2018, to be eligible for appointment to fill a vacancy for seats elected on a
partisan basis, a person must be a member of the same political party as the
member being replaced and must have been affiliated with that political party for
at least 90 days as of the date of appointment. The person appointed to
fill the vacancy shall serve until the next election for members of the Board
of Education at which time a person shall be elected to fill the unexpired
However, if a vacancy occurs after the opening of the filing period for the
general election in the middle of the four-year term, the appointment shall be
for the unexpired term.term or, if the term has expired, to a full term.
However, if a vacancy occurs after the opening of the filing period under G.S. 163‑106
for the primary of a general election held after the first two years of the
term for the vacant seat, the Board of Education shall appoint a person who is a
member of the same political party as the member being replaced in accordance
with this section for the remainder of the unexpired term."
SECTION 3. The members of the Board of Education of Transylvania County elected in 2014 and 2016, or any member appointed to fill a vacancy until the next election for the members of the Board of Education for a member elected in 2014 or 2016, shall serve until a successor has been elected and qualified.
SECTION 4. This act is effective when it becomes law.