NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 507

SENATE BILL 345

 

 

AN ACT TO RATIFY AND CONFIRM A CERTAIN MUNICIPAL ELECTION OF THE TOWN OF ATLANTIC BEACH, APRIL 9, 1965.

 

WHEREAS, under the terms of Chapter 433, Public-Local Laws of 1937, Section 9 thereof, it is provided that all property owners in the town of Atlantic Beach, five days prior to April 1, 1941, shall receive notice of the election to be held on the second Monday in April of 1941 and every fourth year thereafter; and

WHEREAS, under date of March 15, 1965, the town of Atlantic Beach caused a notice to be forwarded to each property owner advising of the coming municipal election for the quadrennial beginning May, 1965, and in said notice stating that the ballots would be opened and officially canvassed at the regular meeting of the town board on Friday, April 9th, 1965, in the Town Hall at 10:00 o'clock A.M.; and

WHEREAS, pursuant to that notice 550 official ballots were mailed out to the various property owners all over North Carolina, and in some instances in other states as well; and

WHEREAS, out of the said number of 550 ballots that were mailed out only one was returned for insufficient address, and 327 official ballots were received in the office of the clerk of the town of Atlantic Beach; and

WHEREAS, the town board did officially meet on Friday, April 9, 1965, at the Municipal Building at 10:00 o'clock A.M., and at which gathering in the presence of the mayor and the aldermen, a large number of candidates and property owners were present; and

WHEREAS, at said meeting after the ballots were canvassed it was determined that the ballots received had been cast as follows: For mayor, M. G. Coyle, 227 votes, J. A. Collins, Jr., 1 vote, Stuart C. Page, 99 votes; for commissioner, J. C. Sherrill, Sr., 258 votes, Mack G. Smith, 240 votes, James D. Shelor, 229 votes, Walter B. Warren, 194 votes, Jack A. Savage, 176 votes, Mrs. Marvin Saunders, 81 votes, O. K. Allen, 80 votes, Stuart C. Page, 3 votes; and

WHEREAS, upon such tabulation of votes, it was announced that M. G. Coyle was the successful candidate for mayor with 227 votes, and that the four newly elected commissioners were J. C. Sherrill, Sr. with 258 votes, Mack G. Smith with 240 votes, James D. Shelor with 229 votes and Walter B. Warren with 194 votes; and

WHEREAS, a question has arisen as to the validity of the election by reason of the fact that the balloting and the canvassing thereof and the determination of the successful candidates was held on Friday, April 9, 1965, instead of the second Monday in April, 1965, or the 12th of April, 1965; and

WHEREAS, no questions have arisen since the canvassing of the ballots with reference to any other irregularity, other than that the actual counting of the ballots and the certification of the election was held three days prior to the time set under Section 9 of Chapter 433, Public-Local Laws of 1937: Now, therefore,

 

The General Assembly of North Carolina do enact:

 

Section 1. All proceedings heretofore had with respect to the municipal election of the town of Atlantic Beach held on Friday, April 9, 1965, be and the same hereby are ratified and confirmed. The persons certified as the successful candidates at said election are hereby appointed as the mayor and commissioners, as follows:

Mayor, M. G. Coyle, for a term of four years, beginning May 1, 1965;

Commissioners, J. C. Sherrill, Sr., Mack G. Smith, James D. Shelor, and Walter B. Warren, for a term of four years, beginning May 1, 1965.

Sec. 2. This Act shall affect only the 1965 quadrennial election of the town of Atlantic Beach.

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4. 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 12th day of May, 1965.