State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_153A > GS_153A-27

§ 153A‑27. Vacancies on the board of commissioners.

If a vacancy occurs on the board of commissioners, the remainingmembers of the board shall appoint a qualified person to fill the vacancy. Ifthe number of vacancies on the board is such that a quorum of the board cannotbe obtained, the chairman of the board shall appoint enough members to make upa quorum, and the board shall then proceed to fill the remaining vacancies. Ifthe number of vacancies on the board is such that a quorum of the board cannot beobtained and the office of chairman is vacant, the clerk of superior court ofthe county shall fill the vacancies upon the request of any remaining member ofthe board or upon the petition of any five registered voters of the county. Iffor any other reason the remaining members of the board do not fill a vacancywithin 60 days after the day the vacancy occurs, the clerk shall immediatelyreport the vacancy to the clerk of superior court of the county. The clerk ofsuperior court shall, within 10 days after the day the vacancy is reported tohim, fill the vacancy.

If the member being replaced was serving a two‑year term, or ifthe member was serving a four‑year term and the vacancy occurs later than60 days before the general election held after the first two years of the term,the appointment to fill the vacancy is for the remainder of the unexpired term.Otherwise, the term of the person appointed to fill the vacancy extends to thefirst Monday in December next following the first general election held morethan 60 days after the day the vacancy occurs; at that general election, aperson shall be elected to the seat vacated, either to the remainder of theunexpired term or, if the term has expired, to a full term.

To be eligible for appointment to fill a vacancy, a person must (i) bea member of the same political party as the member being replaced, if thatmember was elected as the nominee of a political party, and (ii) be a residentof the same district as the member being replaced, if the county is dividedinto electoral districts. The board of commissioners or the clerk of superiorcourt, as the case may be, shall consult the county executive committee of theappropriate political party before filling a vacancy, but neither the board northe clerk of the superior court is bound by the committee's recommendation. (Code, s. 719; 1895, c. 135, s. 7; Rev., s. 1314;1909, c. 490, s. 1; C.S., s. 1294; 1959, c. 1325; 1965, cc. 239, 382; 1967, cc.7, 424, 439, 1022; 1969, cc. 82, 222; 1971, c. 743, s. 1; 1973, c. 822, s. 1;1985, c. 563, ss. 7.3, 7.4.)