NORTH CAROLINA GENERAL ASSEMBLY

1977 SESSION

 

 

CHAPTER 301

HOUSE BILL 809

 

 

AN ACT RELATING TO THE ELECTION OF THE COUNTY BOARD OF EDUCATION OF MACON COUNTY.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 1106 of the 1967 Session Laws is hereby repealed.

Sec. 2. The governing body of the Macon County administrative school unit shall be a board of education designated as "the Macon County Board of Education". Said board shall have all the powers and duties set forth in Chapter 115 of the General Statutes for local boards of education.

Sec. 3. The present members of the Macon County Board of Education shall continue in office and shall constitute the governing body of said administrative school unit until their present terms expire. The successors to the present board of trustees shall be elected by the people in the manner hereinafter provided in this act. At the first election held under the provisions of this act, the successor to the member of the board whose term expires on April 1, 1979, shall be elected for a term of four years. In addition, there shall be elected at the first election held under the provisions of this act, two additional members of the board of education from the county at large. Of these two members of the board of education, the one receiving the highest number of votes shall serve for a term of four years and the one receiving the second highest number of votes shall serve for a term of two years. Thereafter, the successors to the members whose terms expire shall be elected for a term of four years.

Sec. 4. The Macon County Board of Education shall consist of five members. Of these five members at least one shall reside within the attendance zone of Highlands High School, at least one within the attendance zone of Franklin High School and at least one within the attendance zone of Nantahala High School.

Sec. 5. At the same time the general election for county officers is held in Macon County in 1978, and biennially thereafter, there shall be held a nonpartisan election to elect members of the Board of Education of Macon County. Each candidate shall file his candidacy, without reference to any political party affiliation, with the chairman of the county board of elections no later than 40 days prior to the date of the general election for county officers. A filing fee of five dollars ($5.00) shall be paid by each candidate. There shall be a separate ballot provided by the county board of elections with the names of the candidates printed thereon with appropriate instructions for use in the election of members of the board of education, and no political party affiliation shall be shown on said ballot. Except as hereinabove provided, the candidate receiving the highest number of votes in the general election of 1978, and biennially thereafter, shall be certified as the duly elected member of the board of education.

Sec. 6. The members of the Board of Education of Macon County elected in 1978, and biennially thereafter, shall be inducted into and take the oath of office on the first Monday in April following his election, and except as hereinabove provided, shall serve for a term of four years and until his successor is elected and qualified.

Sec. 7. All vacancies occurring on the membership of the Board of Education of Macon County by death, resignation, or otherwise shall be filled within 10 days of such vacancy for the unexpired term by the remaining members of the board of education. If the remaining members cannot agree within 10 days of such vacancy on the name of a successor, such vacancy shall be filled within 10 days thereafter by the Governor for the unexpired term.

Sec. 8. All elections for the members of the Board of Education of Macon County as herein provided shall be held under the laws and regulations governing elections for county officers as provided in the General Statutes of North Carolina.

Sec. 9. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 2nd day of May, 1977.