NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 434

HOUSE BILL 1246

 

AN ACT TO PROVIDE FOR THE NONPARTISAN ELECTION OF THE FAYETTEVILLE CITY BOARD OF EDUCATION.

 

The General Assembly of North Carolina enacts:

 

Section 1. Section 2 of Chapter 360, Session Laws of 1963, is rewritten to read:

"Sec. 2. The Fayetteville City Board of Education (formerly known as the Trustees of the Fayetteville Graded Schools) shall consist of eight members who shall serve for staggered terms of six years, and who shall be elected in a nonpartisan election decided by a simple plurality as provided in Articles 23 and 24 of Chapter 163 of the General Statutes. The election shall be held at the same time and under the same laws applicable to elections for the City Council of Fayetteville beginning in November, 1973.

For purposes of electing school board members, the school district shall be divided into five areas which shall contain, as nearly as possible, equal number of inhabitants. One member of the City Board of Education shall be elected from each of the five areas, and three members shall be elected at large. Candidates shall be residents of the area from which they seek election except the three at-large members who shall reside in the school district. Candidates from the five areas, and at-large candidates shall be elected by the qualified voters of the entire district. Candidates shall file notice of candidacy as provided in G.S. 163-294.2, provided the candidates from the five areas shall indicate the number of the area from which they run and the at-large candidates shall so indicate on the notice of candidacy.

There shall be a separate ballot for the Board of Education election and the ballot shall indicate the area of each candidate or whether he is at large.

Instructions on the ballots shall inform the voter that he may vote for one candidate from each area, and for the number of at-large members who are to be elected.

The Board of Elections shall establish the five areas and shall, every four years, redistrict the areas to maintain population equality, and shall publish in a local newspaper a description thereof 30 days before the time for filing begins.

The terms of the incumbent members of the Fayetteville City Board of Education are hereby extended or reduced to expire on the first Monday in December, 1973.

The first election under this act shall be held in November, 1973, at which time all members of the City Board of Education shall be elected. The persons elected from areas 1 and 2 shall be elected for a term of two years. The persons elected from areas 3 and 4 shall be elected for a term of four years. The person elected from area 5 and the persons elected at large shall be elected for terms of six years. Thereafter as the terms expire, the successors shall be elected for terms of six years. A vacancy occurring in the membership of the City Board of Education, other than expiration of term, shall be filled for the unexpired term by appointment by the remaining members of the Board, subject to the residency requirements of this act."

Sec. 2. Sections 3, 4 and 5 of Chapter 360, Session Laws of 1963, and all other laws and clauses of laws in conflict with this act are hereby repealed.

Sec. 3. This act shall be effective upon ratification.

In the General Assembly read three times and ratified, this the 10th day of May, 1973.