Title: S.L. 1965-13

NORTH CAROLINA GENERAL ASSEMBLY
1965 SESSION

CHAPTER 13
HOUSE BILL 66

AN ACT AMENDING THE CHARTER OF THE CITY OF WINSTON‑SALEM, AND OTHER APPLICABLE LAWS, AS THEY RELATE TO ELECTIONS IN THE CITY OF WINSTON‑SALEM.

The General Assembly of North Carolina do enact:

Section 1. Sec. 4 of Article I of Chapter 232 of the Private Laws of 1927 is hereby repealed; such portions of Sections 9 through 12 of Article II of Chapter 232 of the Private Laws of 1927 as have not heretofore been superseded or repealed are hereby repealed; such portions of Sections 1 and 2 of Chapter 60 of the Private Laws of 1933 as have not heretofore been superseded or repealed are hereby repealed; paragraph (a) of Section 1 of Chapter 734 of the 1955 Session Laws is hereby repealed; and the following is hereby inserted at the beginning of Article II, entitled "Elections", of the Charter of the City of Winston‑Salem in lieu thereof:
"Sec. 12A. Generally.
1. Election of mayor. On the first Tuesday in May, 1965, and on the same day that the regular biennial general election for county officials is held in 1966, and biennially thereafter, there shall be elected a mayor, who shall be a resident of the City of Winston‑Salem. All persons voting for mayor shall cast their ballot in the respective wards in which said voters reside, and the person receiving the highest number of the aggregate of the votes of all of the wards for the office of mayor shall be declared elected. It is the intent and purpose of this Section that the mayor elected in 1965 shall serve for a term expiring on the first Monday in December, 1966, and that the mayors elected in 1966, and biennially thereafter, shall serve for terms of two years commencing on the first Monday in December following the election.
2. Election of aldermen. On the first Tuesday in May, 1965 and on the same day that the regular biennial general election for county officials is held in 1966, and biennially thereafter, there shall be elected eight aldermen for the City of Winston‑Salem, who shall hold their office until their successors are qualified, of whom one shall be elected from North Ward, one from Northeast Ward, one from East Ward, one from Southeast Ward, one from South Ward, one from Southwest Ward, one from West Ward, and one from Northwest Ward. Each alderman shall be a resident of the ward in which he is elected, and he shall be elected by the qualified voters of his ward only. It is the intent and purpose of this Section that the aldermen elected in 1965 shall serve for terms expiring on the first Monday in December, 1966, and that the aldermen elected in 1966, and biennially thereafter, shall serve for terms of two years commencing on the first Monday in December following the election.
3. All elections in the City of Winston‑Salem shall be conducted by the Forsyth County Board of Elections. It shall be the duty of the Forsyth County Board of Elections to initiate, call and conduct all regular municipal elections, both primary and general elections, in and for the City of Winston‑Salem without request from the City of Winston‑Salem, and, promptly after each such election, to certify the result thereof to the secretary of the City of Winston‑Salem, who shall record same upon the permanent records of the city. Further, upon receipt of a resolution or ordinance duty adopted by the Board of Aldermen of the City of Winston‑Salem requesting any special election, it shall be the duty of the Forsyth County Board of Elections to call and conduct such special election and promptly after such special election to certify the results thereof to the secretary of the City of Winston‑Salem, who shall record same upon the permanent records of the City of Winston‑Salem. The initiative, referendum and recall provisions of Plan "C" contained in Part 3 of Article XXII of Chapter 160 of the General Statutes of North Carolina shall apply to the City of Winston‑Salem, and any election provided for thereunder shall be called and conducted by the Forsyth County Board of Elections. All elections shall be called and held by the Forsyth County Board of Elections in accordance with the election laws of the State of North Carolina applicable to elections conducted by county boards of elections, except as modified by the Charter of the City of Winston‑Salem. In the event of a tie vote between two or more candidates for mayor or alderman, all of whom receive the same highest vote, the determination of which shall be elected shall be by lot in public, at the first meeting of the board of aldermen following the election.
4. The Forsyth County Board of Elections shall fix and establish one or more voting precincts and polling places in each ward of the City of Winston‑Salem, and shall change and alter said voting precincts and polling places as in the judgment of said board the public convenience may require. Said board shall comply with the provisions of G. S. 163‑22 in establishing and altering precincts and polling places.
5. Notice of special elections. Notice of every special election in the City of Winston‑Salem shall be published by the Forsyth County Board of Elections in a newspaper of general circulation in the City of Winston‑Salem at least once a week for four weeks preceding the date of such election, and shall be posted for thirty (30) days on the public bulletin board at the City Hall and at three other public places in the city. Such notice shall set forth the date and hours of such elections, the proposition to be voted on thereat, and shall contain such other information as the board of elections shall deem appropriate.
6. Independent or nonpartisan candidates; petition; affidavit of candidates; filing of petition; rules and regulations governing petitions. The Forsyth County Board of Elections shall include among the candidates for municipal office, as independent or nonpartisan candidates, the name of any qualified voter who has been requested to be a candidate for office by written petitions signed by at least twenty‑five percent (25%) of those entitled to vote for a candidate for such office according to the vote cast in the last municipal election for the particular office, when such petition is accompanied by an affidavit from such proposed candidate that he seeks to become an independent or nonpartisan candidate and does not affiliate with any political party; provided, such petition is filed with the secretary of the board of elections on or before twelve o'clock Noon on the third Friday preceding the general municipal election for such office.
The board of elections may prescribe rules and regulations covering the information that shall be set out in the petition to be signed by the voters requesting a person to be a candidate for any such office, such as the giving of the full name of every such voter, the street address of such voter and any other pertinent information required to facilitate the checking of such petition against the registration books.
7. Oath of successful candidate; powers and duties. On Friday next succeeding the day of election in 1965, and on the first Monday in December, next succeeding the day of election thereafter, the mayor and aldermen elected thereat shall qualify by taking the oath now provided by law for commissioners of towns; shall succeed to and have all the rights, powers and duties now provided by law for such board as well as those conferred on them by the provisions of the Charter of the City of Winston‑Salem, and shall hold office until their successors are elected and qualified.
Sec. 12B. Primary Elections.
1. Generally. Primary elections to nominate candidates of each qualified political party for mayor and for members of the board of aldermen shall be held as needed and shall be conducted in the same manner and pursuant to the same statutes, rules, and regulations as other primary elections for local offices conducted under the provisions of Article XIX of Chapter 163 of the General Statutes of North Carolina, except that to the extent such statutes, rules, and regulations differ from or conflict with the provisions of the Charter of the City of Winston‑Salem, the latter shall control. A "qualified political party" shall be one which was qualified as a political party at the preceding gubernatorial election as defined by General Statute 163‑144. The persons receiving the highest number of votes of their respective parties shall be deemed to be the nominees of their said respective parties and for said offices; provided, that no one shall participate in such election except duly qualified voters who affiliate with the political party in whose primary he seeks to vote. In the event of a tie vote between two or more candidates, all of whom receive the same highest vote for party nomination, the city executive committee or other duly constituted administrative body of the political party of said candidates shall determine which shall be the nominee.
2. Time of holding. The primary in 1965 shall be held at a date to be fixed by the board of elections, which date shall be not later than the second Tuesday before the general municipal election in 1965, and in 1966 and biennially thereafter the primary shall be held on the same day as the regular biennial primary election for county officials.
3. Notice of candidacy to be filed; pledge. Every candidate for selection as the nominee of any political party for the office of mayor or member of the board of aldermen shall file with the secretary of the board of elections by twelve o'clock Noon on the third Friday before such primary election is to be held in 1965, and by twelve o'clock Noon on or before the Friday preceding the sixth Saturday before such primary election is to be held in 1966 and thereafter, a notice of his candidacy and pledge in the following form, the blanks being properly filled in and the same signed by the candidate:
'I hereby file my notice as a candidate for the nomination as __________________________ in the primary election to be held on the _______ day of ________________________, _________. I affiliate with the_______________ party, and I hereby pledge myself to abide by the result of said primary, and to support in the next general municipal election all candidates nominated by the ____________ party.' "
Sec. 2. All laws and clauses of laws in conflict herewith, including any laws heretofore enacted at this Session of the General Assembly, are hereby repealed and wherever the General Statutes and Private Laws conflict with this Act, this Act shall control.
Sec. 3. This Act, if adopted on or before February 26, 1965, shall be in full force and effect from and after its adoption. This Act, if adopted after February 26, 1965, shall be in full force and effect from and after July 1, 1965.
In the General Assembly read three times and ratified, this the 26th day of February, 1965.

Page 	S.L. 1965-13	House Bill 66

House Bill 66	S.L. 1965-13	Page