NORTH CAROLINA GENERAL ASSEMBLY
1971 SESSION

CHAPTER 147
HOUSE BILL 385

AN ACT TO ADD TWO MEMBERS TO THE BOARD OF EDUCATION OF DARE COUNTY AND TO PROVIDE FOR THE ELECTION OF THE MEMBERS OF SAID BOARD.

The General Assembly of North Carolina do enact:

Section 1.  That the Board of Education of Dare county be, and the same is hereby, increased to seven members.  There is hereby added to said Board of Education of Dare County as the same now exists a member to represent Hatteras School District and said member shall be Mrs. Orman Fuller.  The new member of the Hatteras School District shall take office and be inducted on the first Monday in April, 1971.  There is hereby added to the membership of the Board of Education of Dare County another member to represent Kitty Hawk School District.  The name of the representative of the Kitty Hawk School District shall be omitted. The Kitty Hawk P.T.A., after due notice of at least 30 days and a public meeting with the time and place of said meeting duly posted and advertised be held for the purpose of selecting and recommending the name of the person to represent the Kitty Hawk School District on the Board of Education.  The party selected at said meeting by a majority vote of all citizens and residents of the Kitty Hawk School District in attendance shall fill the seat created on the Board of Education for the Kitty Hawk School District.  The name of such party shall be transmitted, in writing, by the President of the P.T.A. to the Kitty Hawk Advisory Council, which shall duly certify the same, in writing, to the Chairman of the Dare County Board of Education.  The person so selected shall at the next regular or special meeting of the Board of Education be sworn in and take office.  The two members which are hereby added to the membership of the Board of Education of Dare County, named above, shall take the oath of office and be inducted on the first Monday in April, 1971.  The two members which are hereby appointed and named above shall hold office until the first Monday in December, 1972, at which time their terms shall expire, and thereafter the said Board of Education of Dare County shall consist of five members elected as hereinafter set forth.
Sec. 2.  In the primary election to be held in Dare County in 1972, there shall be elected two members of the Board of Education of Dare County.  One of said members shall be a resident of Hatteras School District and one of said members shall be a resident of Kitty Hawk School District, and these members so elected shall serve for terms of four years each.  In the primary election to be held in Dare County in 1974, there shall be elected three members of the Board of Education of Dare County who shall be residents of Manteo School District and who shall hold office for terms of four years each.  Biennially thereafter, as the terms of office of said members of said Board of Education of Dare County shall expire, there shall be elected a sufficient number of members to fill all vacancies occurring by reason of expiration of office.  The members so elected in said primary election shall be residents of the school district of the member or members whose terms of office are expiring.  The said members so elected shall take the oath of office and be inducted into office on the first Monday in December, 1972, and on the first Monday in December, 1974, and thereafter as said members are elected they shall be inducted into office on the next succeeding first Monday in December following their election.
Sec. 3.  It is the purpose of this act that there shall be one member on said School Board to represent Hatteras School District, one member to represent Kitty Hawk School District and three members to represent Manteo School District.  The members representing the various school districts shall be residents of said school districts and shall file with the County Board of Elections of Dare County a notice of candidacy which shall give the candidate's name, address, place of residence and a statement that he desires to be a candidate for membership on said School Board for the school district in which he resides.  The election of said members of said School Board shall be in the primary as heretofore set forth and shall be a nonpartisan election.  The Board of Elections of Dare County shall prepare a separate ballot for the election of said members which shall, among other things, contain the name of the candidate, the school district that he or she desires to represent and shall not contain any reference to party affiliation in any manner or form.  The said candidates for membership on the Board of Education of Dare County shall be voted on at large by the eligible voters of Dare County, and the said Board of Elections of Dare County shall canvass and judicially determine the results of said election and declare the members so elected.  The candidate receiving the highest number of votes in any particular school district shall be declared to be elected, and there shall be no other election until the regular time above named and after expiration of terms of office.  It is the intent and purpose of this act that said members of the Board of Education of Dare County shall be elected in said primary or primaries and there shall be no further election in the general election.  In any school district where the terms of office to be filled shall be more than one in number, as in Manteo School District, then the three persons receiving the highest number of votes shall be declared to be elected.  All persons so elected shall serve until their successors are elected and qualified, and any vacancy occurring on the Dare County Board of Education by death, resignation or otherwise shall be filled by the remaining members of the Dare County Board of Education for the unexpired term but the person appointed to fill such vacancy must be from the same school district as the person whose death, resignation or removal created the vacancy on said Board of Education.  If there is no candidate from any school district this shall constitute a vacancy which shall be filled as hereinabove provided.
Sec. 4.  The election of said members of said Board of Education in the various primary elections as hereinafter provided shall be governed by Chapter 163 of the General Statutes, relating to primaries and elections, and as the same may be applicable. The Board of elections of Dare County is hereby authorized and empowered to create any necessary precincts, to appoint any necessary election officials and to set up and establish all necessary books and records for the conduct of said election in said primary.
Sec. 5.  This act shall become effective upon ratification.
In the General Assembly read three times and ratified, this the 1st day of April, 1971.