North Carolina § 160A-63 - Vacancies.

§ 160A-63. Vacancies.

A vacancy that occurs in an elective office of a city shall be filled by appointment of the city council. If the term of the office expires immediately following the next regular city election, or if the next regular city election will be held within 90 days after the vacancy occurs, the person appointed to fill the vacancy shall serve the remainder of the unexpired term. Otherwise, a successor shall be elected at the next regularly scheduled city election that is held more than 90 days after the vacancy occurs, and the person appointed to fill the vacancy shall serve only until the elected successor takes office. The elected successor shall then serve the remainder of the unexpired term. If the number of vacancies on the council is such that a quorum of the council cannot be obtained, the mayor shall appoint enough members to make up a quorum, and the council shall then proceed to fill the remaining vacancies. If the number of vacancies on the council is such that a quorum of the council cannot be obtained and the office of mayor is vacant, the Governor may fill the vacancies upon the request of any remaining member of the council, or upon the petition of any five registered voters of the city. Vacancies in appointive offices shall be filled by the same authority that makes the initial appointment. This section shall not apply to vacancies in cities that have not held a city election, levied any taxes, or engaged in any municipal functions for a period of five years or more. In cities whose elections are conducted on a partisan basis, a person appointed to fill a vacancy in an elective office shall be a member of the same political party as the person whom he replaces if that person was elected as the nominee of a political party. History (R.C., c. 111, ss. 9, 10; Code, ss. 3793, 3794; Rev., ss. 2921, 2931; C.S., ss. 2629, 2631; 1971, c. 698, s. 1; 1973, c. 426, s. 11; 1983, c. 827, s. 1.) Local Modification. - Wilmington/New Hanover County Consolidated Government: 1987, c. 643; city of Elizabeth City: 2001-227, s. 1; city of Lumberton: 1983 (Reg. Sess., 1984), c. 1009; city of Monroe: 2000-35, s.1; city of Roanoke Rapids: 1995, c. 34, s. 1; town of Carrboro: 2007-270, s. 1; 2013-113, s. 1; town of Connelly: 1989, c. 528, s. 1; town of Franklinton: 1993, c. 160, s. 1; town of Littleton: 2002-20, s. 1; town of Mills River: 2003-242, s. 3.5; town of Mount Gilead: 2015-234, s. 1; town of North Topsail Beach: 2021-49, s. 1; town of Norwood: 2018-106, s. 1; town of Tarboro: 1995, c. 73, s. 1. Editor's Note. - Notwithstanding G.S. 160A-63 and Section 3.3 of the Charter of the Town of North Topsail Beach, being Chapter 100 of the 1989 Session Laws, for the 2021 municipal election, all five board of aldermen seats shall be on the ballot for election. The three candidates who receive the highest number of votes shall be elected for four-year terms, while the two candidates who receive the next highest number of votes shall be elected for two-year terms. In 2023 and thereafter, the board of aldermen shall be elected as provided for in the Charter and Chapter 163 of the General Statutes. Opinions of Attorney General This Section Provides for Filling Vacancy Created by Official's Departure. - Upon arriving at a determination that an elected town official has removed his residence to another electoral jurisdiction, a town council, pursuant to the provisions of this section, may fill the vacancy created by the official's departure. See opinion of Attorney General to Mr. John C. Wessell, III, Town Attorney, Surf City (Pender County), 58 N.C.A.G. 28 (1988).