North Carolina § 115C-37 - Election of board members.

§ 115C-37. Election of board members.

Method of Election. - The county boards of education shall be elected on a nonpartisan basis at the time of the primary election in 1970 and biennially thereafter. The names of the candidates shall be printed on the ballots without reference to any party affiliation and any qualified voter residing in the county shall be entitled to vote such ballots. Except as otherwise provided herein, the election shall be conducted according to the provisions of Chapter 163 of the General Statutes then governing primary elections. County Board of Elections to Provide for Elections. - The county board of elections under the direction of the State Board of Elections, shall make all necessary provisions for elections of county boards of education as are herein provided for. The county board of elections of each county shall file with the State Board of Elections a statement specifying the size and method of election of members of its county board of education. City Board of Education. - The board of education for any city administrative unit shall be appointed or elected as now provided by law. If no provision is now made by the law for the filling of vacancies in the membership of any city board of education, such vacancy may be filled by the governing body of the city or town embraced by said administrative unit. In the event that any such vacancy is not filled in this manner within 30 days, the State Board of Education may fill such vacancy. Members to Qualify. - Each county board of education shall hold a meeting in December following the election. At that meeting, newly elected members of the board of education shall qualify by taking the oath of office prescribed in Article VI, Sec. 7 of the Constitution. Vacancies in Nominations for Membership on County Boards. - If any candidate nominated on a partisan basis shall die, resign, or for any reason become ineligible or disqualified between the date of his nomination and the time for the election, such vacancy caused thereby may be filled by the actions of the county executive committee of the political party of such candidate. Vacancies in Office. - All vacancies in the membership of the boards of education whose members are elected pursuant to the provisions of subsection (a) of this section by death, resignation, or other causes shall be filled by appointment by the remaining members of the board, of a person to serve until the next election of members of such board, at which time the remaining unexpired term of the office in which the vacancy occurs shall be filled by election. Eligibility for Board Membership; Holding Other Offices. - Any person possessing the qualifications for election to public office set forth in Article VI, Sec. 6 of the Constitution of North Carolina shall be eligible to serve as a member of a local board of education: Provided, however, that any person elected or appointed to a local board of education, and also employed by that board of education, shall resign his employment before taking office as a member of that board of education. Death or Disqualification of Candidate in Nonpartisan Election. - If a candidate dies or becomes disqualified after the filing period has closed and before the election, and the ballots have not been printed, the county board of elections shall immediately reopen the filing period for five days so that additional candidates may file for election. If the ballots have been printed at the time the board of elections receives notice of the death or disqualification, the board shall reopen the filing period for three days if the board determines it will have time to reprint the ballots before the election. The local board of education shall revise electoral district boundaries from time to time as provided by this subsection. If district boundaries are set by local act or court order and the act or order does not provide a method for revising them, the local board of education shall revise them only for the purpose of (i) accounting for territory annexed to or excluded from the school administrative unit, and (ii) correcting population imbalances among the districts shown by a new federal census or caused by exclusions or annexations. After the General Assembly has ratified an act establishing district boundaries, the local board of education shall not revise them again until a new federal census of population is taken or territory is annexed to or excluded from the school administrative unit, whichever event first occurs. After the local board of education has revised district boundaries in conformity with this act, the local board of education shall not revise them again until a new federal census of population is taken or territory is annexed to or excluded from the school administrative unit, whichever event occurs first, except that the board may make an earlier revision of district boundaries it has drawn if it must do so to comply with a court order or to gain approval of a district-revision plan by the U.S. Justice Department under Section 5 of the Voting Rights Act. In establishing district boundaries, the local board of education shall use data derived from the most recent federal census. The terms of office of the members shall be staggered so as nearly equal to one half as possible shall expire every two years. This subsection shall not have the effect of repealing any local or special acts relating to boards of education of any particular counties whose membership to said boards is chosen by a vote of the people. Membership on a board of education is hereby declared to be an office that, with the exceptions provided above, may be held concurrently with any appointive office, pursuant to Article VI, Sec. 9 of the Constitution, but any person holding an elective office shall not be eligible to serve as a member of a local board of education. In the event the board of elections determines that there is not time enough to reopen the filing period for three days and to reprint the ballots, then the ballots shall not be reprinted and the name of the deceased or disqualified candidate shall remain on the ballot. Votes cast for such candidate shall not be considered and the candidates receiving the highest number of votes equal to the number of positions to be filled shall be elected. History (1955, c. 1372, art. 5, ss. 2-8; 1967, c. 972, ss. 2-6; 1969, c. 1301, s. 2; 1971, c. 704, s. 6; 1973, c. 1446, s. 1; 1977, c. 662; 1981, c. 423, s. 1; 1985, c. 404; c. 405, ss. 1, 2; 1985 (Reg. Sess., 1986), c. 975, s. 10; 1991, c. 400, s. 1; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.) Local Modification. - Davidson: 1995, c. 300, s. 1; Edgecombe: 2016-14, s. 7; Northampton: 1993, c. 110, s. 1; Orange: 1981, c. 911; city of Rocky Mount: 2016-14, s. 7; Alexander County Board of Education: 1991, c. 253; 1991, c. 695, s. 1; Ashe County Board of Education: 1995, c. 128, s. 1, as amended by 2000-6, s. 1; Bertie County Board of Education: 2007-272, s. 1 (as to subsection (d)); Carteret County Board of Education: 1991 (Reg. Sess., 1992), c. 774; 2020-34, s. 3 (as to subsection (i)); Caswell County Board of Education: 1987 (Reg. Sess., 1988), c. 1016, s. 15; Chatham County Board of Education: 1995, c. 80, s. 3(f), as amended by 2011-181; Clay County Board of Education: 1991, c. 254, s. 1 (contingent on referendum); Edgecombe County Board of Education: 1999, c. 12; Halifax County Board of Education: 1991, c. 97; Jackson County Board of Education: 1991, c. 170, s. 1; Lenoir County Board of Education: 2011-407, s. 2(a) (as to subsection (a)); Martin County Board of Education: 1995, c. 77, s. 1; McDowell County Board of Education: 1987, c. 322; 1995, c. 107, s. 1; Pamlico County Board of Education: 1987 (Reg. Sess., 1988), c. 939, s. 11; Perquimans County Board of Education: 1993 (Reg. Sess., 1994), c. 626, s. 1; Richmond County Board of Education: 1995 (Reg. Sess., 1996), c. 598, s. 1; Rockingham County Board of Education: 1989, c. 685, s. 1; Tyrrell County Board of Education: 2001-4; Warren County Board of Education: 2007-50, s. 4; Winston-Salem/Forsyth County Board of Education: 1961, c. 112, s. 2(a)(5)(iii), as amended by 1985, c. 466; 1991, c. 696; 2009-72; and 2011-141, s. 2(a); 2013-249, s. 1 (as to subsection (f)). Cross References. - As to method of constituting and continuing boards of education, and the manner of selection of board members in the context of a merger of school administrative units, see G.S. 115C-67 . Re-recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163 A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make additional technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification, in consultation with the State Ethics Commission, the State Board of Elections, the Secretary of State, and the new Bipartisan State Board of Elections and Ethics Enforcement. Pursuant to this authority, the Revisor of Statutes substituted "Subchapter III of Chapter 163A " for "Chapter 163" in subsection (a) and substituted "Bipartisan State Board of Elections and Ethics Enforcement" for "State Board of Elections" twice in subsection (b). Session Laws 2018-146, ss. 3.1(a), (b), and 6.1, repealed Session Laws 2017-6, s. 3, and authorized the Revisor of Statutes to re-recodify Chapter 163A into Chapters 163, 138A, and 120C and to revert the changes made by the Revisor pursuant to Session Laws 2017-6, s. 3. Pursuant to this authority, the Revisor of Statutes reverted the changes to references in subsections (a) and (b). Editor's Note. - Pursuant to Session Laws 2011-112, s. 4, G.S. 115C-37(i) applies to Duplin County Board of Education.