NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

CHAPTER 45

HOUSE BILL 94

AN ACT TO AMEND THE CHARTER OF THE TOWN OF KENLY IN JOHNSTON COUNTY, BY REPEALING THE STATUTE REQUIRING THE NOMINATION OF CANDIDATES FOR MUNICIPAL OFFICERS BY PRIMARY ELECTIONS, TO ESTABLISH A FILING PROCEDURE FOR MUNICIPAL ELECTIONS, AND TO PROVIDE FOR STAGGERED TERMS OF OFFICE OF THE BOARD OF ALDERMEN.

The General Assembly of North Carolina do enact:

Section 1. That Section 2, Chapter 387, Public-Local Laws of 1941 requiring a primary election for nomination of candidates for municipal offices is hereby repealed.

Sec. 2. That any qualified elector residing in the Town of Kenly may file as a candidate for the office of mayor or alderman by filing not earlier than sixty (60) days nor later than ten (10) days before the date of the municipal election and with said filing shall pay such reasonable filing fee as fixed by the board of aldermen by ordinance. Any candidate for said office shall file a formal notice of candidacy with the town clerk and pay the required filing fee with said notice, which said notice shall be substantially in the following form:

"I, ________________, hereby give notice that I am a candidate for election to the office of __________________________, to be voted on at the election to be held on _________________________, and I hereby request that my name be printed on the official ballot for such office. I also certify that I am a resident and qualified elector of the town of ______________________________, residing at ___________________ in said town.

                                 Candidate

                                      Date

Witness:

."

Sec. 3. That the charter and all laws relating to election and term of office of the mayor and members of the Board of Aldermen of the Town of Kenly are hereby amended to provide as follows:

"At the regular municipal election for the office of mayor and members of the board of aldermen to be held in May, 1961, the three aldermen receiving the highest number of votes shall be elected and shall serve for terms of four years or until their successors are duly elected and qualified, and the two aldermen receiving the next highest number of votes shall be elected and shall serve for a term of two years or until their successors are duly elected and qualified. Thereafter, all aldermen elected at regular municipal elections shall serve for four-year terms or until their successors are duly elected and qualified. The mayor shall continue to be elected for a two-year term or until his successor is duly elected and qualified."

Sec. 4. That all laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 5. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 14th day of March, 1961.