NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 644

HOUSE BILL 533

 

 

AN ACT TO AMEND G.S. 130-126 RELATING TO THE ELECTION AND TERMS OF OFFICE OF SANITARY DISTRICT BOARDS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 130-126 is amended by adding the following paragraph:

"Prior to the appointment of a Sanitary District Board by the Board or Boards of County Commissioners or prior to the election of the members of a Sanitary District Board at any general election, the Board or Boards of County Commissioners may by resolution and upon the request of the Sanitary District Board determine that such Sanitary District Board shall consist of five members, residents within such district, that the term of office of the members of such Sanitary District Board shall be four (4) years and until their successors qualify, that the terms be staggered so that at the first biennial election after the adoption of such resolution, and every four (4) years thereafter, three members of the Sanitary District Board shall be elected, and that at the next biennial election, and every four (4) years thereafter, two members of the Sanitary District Board shall be elected. Upon the adoption of such a resolution by the Board or Boards of County Commissioners, said Board or Boards of County Commissioners shall elect two members of said Sanitary District Board who shall serve until their successors are elected and qualified. In case of the adoption of such a resolution, when more than six candidates qualify for a primary at the next election following such adoption, and every four (4) years thereafter, then the six candidates receiving the highest number of votes in the primary shall be nominated as candidates for election in the general election, and the three candidates receiving the highest number of votes in the general election shall be elected as members of the Sanitary District Board. When six or less candidates qualify for the primary, then each shall be declared to be a candidate in the general election without their names being voted upon in the primary. The primary and general elections shall be nonpartisan, and each shall be conducted by the Board of Elections in the county in which the Sanitary District is located. The said Board of Elections is authorized and empowered to cause a special election to be held at such time or times as it may designate, if necessary to break a tie between any candidates in the primary or general election. When more than four candidates qualify for a primary, preceding the second general election after the adoption of such a resolution, and every four (4) years thereafter, then the four candidates receiving the highest number of votes in the primary shall be nominated as candidates for election in the general election, and the two candidates receiving the highest number of votes in the general election shall be elected as members of the Sanitary District Board and when four or less candidates qualify for the primary, then each shall be declared to be a candidate in the general election without their names being voted upon in the primary. This primary and general election shall also be nonpartisan, and shall be conducted by the Board of Elections in the county in which the Sanitary District is located and said Board of Elections is authorized and empowered to cause a special election to be held at such time or times as it may designate, if necessary to break a tie between any candidates in the primary or general election."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  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 31st day of May, 1963.