N.C. Gen. Stat. § 115C-37.1

Current through Session Law 2024-56
Section 115C-37.1 - [See Note] [Effective 12/1/2024] Vacancies in offices of county boards elected on partisan basis in certain counties
(a) All vacancies in the membership of county boards of education which are elected by public or local act on a partisan basis shall be filled by appointment of the person, board, or commission specified in the act, except that if the act specifies that appointment shall be made by a party executive committee, then the appointment shall be made instead by the remaining members of the board.
(b) If the vacating member was elected as the nominee of a political party, then the person, board, or commission required to fill the vacancy shall consult with the county executive committee of that party and appoint the person recommended by that party executive committee, if the party executive committee makes a recommendation within 30 days of the occurrence of the vacancy.
(c) Whenever only the qualified voters of less than the entire county were eligible to vote for the member whose seat is vacant (either because the county administrative unit was less than countywide or only residents of certain areas of the administrative unit could vote in the general election for a district seat), the appointing authority must accept the recommendation only if the county executive committee restricted voting to committee members who represent precincts all or part of which were within the territory of the vacating school board member.
(d) [Contingently effective until12/1/2026- See Note] This section shall apply only to the Hickory City Board of Education and the Newton-Conover City Board of Education andin the following counties: Alleghany, Ashe, Beaufort, Brunswick, Burke, Cabarrus, Caldwell, Carteret, Catawba,Cherokee, Clay, Craven, Dare, Davie,Forsyth, Graham, Harnett, Henderson, Hyde, Iredell, Lee, Lincoln, Madison, McDowell, Mitchell, New Hanover, Onslow, Pamlico,Pender, Polk,Rutherford, Stanly, Stokes, Surry, Vance, Washington, and Yancey.
(d) [Contingently effective12/1/2026- See Note] This section shall apply only to the Hickory City Board of Education and the Newton-Conover City Board of Education andin the following counties: Alexander,Alleghany, Ashe, Beaufort, Brunswick, Burke, Cabarrus, Caldwell, Carteret, Catawba,Cherokee, Clay, Craven, Dare, Davie, Forsyth,Graham, Harnett, Henderson, Hyde, Iredell, Lee, Lincoln, Madison, McDowell, Mitchell, New Hanover, Onslow, Pamlico,Pender, Polk,Rowan,Rutherford, Stanly, Stokes, Surry, Vance, Washington, and Yancey.

N.C. Gen. Stat. § 115C-37.1

Amended by 2024 N.C. Sess. Laws 2,s. 4, contingently eff. 12/1/2026, contingently effective December 1, 2026, only if approved by the qualified voters of Rowan County in a referendum. The election shall be conducted by the Rowan County Board of Elections in the 2024 general election. The question to be used in the voting systems and ballots shall be: "[ ] FOR [ ] AGAINST Changing the method of election for the Rowan-Salisbury Board of Education from nonpartisan to partisan."
Amended by 2023 N.C. Sess. Laws 41, s. 2-a, contingently eff. 12/1/2026, only if approved by a majority of the qualified voters of Alexander County in a referendum. The election shall be conducted by the Alexander County Board of Elections in the 2024 general election. The question to be used in the voting systems and ballots shall be: "[ ] FOR [ ] AGAINST Changing the method of election for the Alexander County Board of Education from nonpartisan to partisan.".
Amended by 2023 N.C. Sess. Laws 37, s. 8-a, eff. 12/1/2024.
Amended by 2023 N.C. Sess. Laws 32, s. 5-a, eff. 12/1/2024.
Amended by 2023 N.C. Sess. Laws 22, s. 5-a, eff. 12/1/2024.
Amended by 2023 N.C. Sess. Laws 4, s. 7-a, eff. 12/1/2024.
Amended by 2024 N.C. Sess. Laws 14,s. 10-b, eff. 6/27/2024, applicable to vacancies occurring on the Winston-Salem/Forsyth County Board of Education on or after that date.
Amended by 2023 N.C. Sess. Laws 4, s. 1-b, eff. 3/16/2023.
Amended by 2021 N.C. Sess. Laws 140, s. 4, eff. 12/5/2022.
Amended by 2021 N.C. Sess. Laws 99, s. 3, eff. 12/5/2022.
Amended by 2021 N.C. Sess. Laws 51, s. 2.5, eff. 6/23/2021.
Amended by 2021 N.C. Sess. Laws 28, s. 2, eff. 6/9/2021.
Amended by 2019 N.C. Sess. Laws 102, s. 2-d, eff. 12/7/2020.
Amended by 2019 N.C. Sess. Laws 63, s. 4, eff. 12/7/2020.
Amended by 2017 N.C. Sess. Laws 78, s. 12-b, eff. 12/3/2018.
Amended by 2017 N.C. Sess. Laws 78, s. 12-a, eff. 12/4/2017.
Amended by 2015 N.C. Sess. Laws 242, s. 2, eff. 12/5/2016.
Amended by 2015 N.C. Sess. Laws 35, s. 4-a, eff. 12/5/2016.
Amended by 2013 N.C. Sess. Laws 361, s. 2, eff. 12/5/2016.
Amended by 2013 N.C. Sess. Laws 220, s. 2, eff. 6/27/2013.
Amended by 2009 N.C. Sess. Laws 277, s. 1, eff. 7/10/2009, and s. 2, eff. 12/1/2010.
1981 , c. 763, ss. 4, 14; c. 830; 1983 , c. 493, s. 1; 1987 (Reg. Sess., 1988), c. 974, s. 5; 1989 , c. 497, s. 3.

County of Harnett, 2014 N.C. Sess. Laws 6, s. 5-b

This section is set out more than once due to postponed, multiple, or conflicting amendments.