Feb 23, 2021
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021 PRINCIPAL CLERK
SENATE BILL DRS35059-LU-15B
Short Title: Vacancies/Rowland & Mayor's Term/Red Springs. (Local)
Sponsors: Senator Britt (Primary Sponsor).
1 A BILL TO BE ENTITLED
2 AN ACT TO REVISE THE METHOD BY WHICH VACANCIES ARE FILLED FOR
3 ELECTIVE OFFICE IN THE TOWN OF ROWLAND AND TO EXTEND THE TERM OF
4 MAYOR FROM TWO TO FOUR YEARS IN THE TOWN OF RED SPRINGS.
5 The General Assembly of North Carolina enacts:
6 SECTION 1.(a) Section 2.4 of Article 2 of the Charter for the Town of Rowland,
7 being S.L. 1998-105, reads as rewritten:
8 "Section 2.4. Qualifications for Office; Compensation; Vacancies. The qualifications and
9 compensation of the Mayor and Commissioners shall be in accordance with general law. In
10 addition, no Mayor or Commissioner shall be qualified to hold office if that person: (i) is more
11 than 30 days delinquent in the payment of any sum of money owed by that person to the Town
12 of Rowland, (ii) has been convicted of any felony by any court of competent jurisdiction, (iii)
13 has failed to attend more than three meetings of the Town Board of which that person has had
14 proper notice. If the Town Board determines that one of the above-listed qualifications has been
15 violated by a Commissioner or the Mayor and that such violation was within the control of the
16 violator or that the violation can reasonably be expected to continue for an additional three
17 months, the Board shall declare the position of the violator vacant and shall proceed to fill the
18 vacancy. Vacancies shall be filled as provided below.that occur in any elective office of the Town
19 shall be filled by appointment of the Town Board as provided in G.S. 160A-63."
20 SECTION 1.(b) Article 3 of the Charter for the Town of Rowland, being S.L.
21 1998-105, as amended by S.L. 2000-45, reads as rewritten:
22 "ARTICLE 3. ELECTIONS.
23 "Section 3.l. Regular Municipal Elections. Regular municipal elections shall be held in
24 each odd-numbered year in accordance with the uniform municipal election laws of North
25 Carolina. Elections shall be conducted on a nonpartisan basis and the results determined by a
26 plurality as provided in G.S. 163-292.
28 "Section 3.4. Special Elections to Fill Vacancies. If there is a vacancy in the office of
29 Mayor or Commissioner after qualification or because of a refusal to qualify, a special election
30 shall be called by the Town Board and shall be held to fill the vacancy. However, if the vacancy
31 occurs after the opening date for filing of candidacy under the General Statutes in the year in
32 which the term is to expire, no special election shall be held. In such case, the provisions of G.S.
33 160A-63 shall control. Candidates in any special election may file their notices of candidacy no
34 earlier than noon on the tenth Friday preceding the special election and no later than noon on the
35 seventh Friday preceding the special election.
General Assembly Of North Carolina Session 2021
1 "Section 3.5. Other Special Elections and Referenda. Except as specified above, special
2 Special elections and referenda may be held only as provided by general law or applicable local
3 acts of the General Assembly."
4 SECTION 2. Section 4 of the Charter of the Town of Red Springs, being Chapter
5 1252 of the Session Laws of 1949, as amended by Chapter 344 of the Session Laws of 1951,
6 Chapter 457 of the Session Laws of 1957, and S.L. 2018-126, reads as rewritten:
7 "Sec. 4. Creation, Salary, and Composition of the Mayor and Commission. – Except as
8 otherwise provided in this charter, all powers of the town shall be vested in a mayor and a board
9 of six commissioners who shall be nominated and elected from the town at large in the manner
10 hereinafter provided. The terms of the members of the first board of commissioners elected after
11 the ratification of this Act shall begin on May 10, 1949 and shall expire on July 1, 1951.
12 Thereafter, the terms of office of members of the board of commissioners shall be for four years,
13 and until their successors are elected and qualified. The In 2021, and quadrennially thereafter,
14 the Mayor shall be elected for a term of two four years and shall serve until his or her successor
15 is elected and qualified. The mayor and commissioners shall be qualified electors of the town
16 and shall hold no other public office except that of notary public or member of the National Guard
17 or Naval or Military Reserve. If the mayor or any member of the commission shall cease to
18 possess any of these qualifications or those qualifications set out in Article VI of the North
19 Carolina Constitution, his or her office shall immediately become vacant. If a vacancy occurs in
20 the office of mayor or commission, it shall be filled for the remainder of the unexpired term by a
21 majority vote of the remaining members of the commission. The board of commissioners may
22 fix its own compensation and the compensation of the mayor and any other elected officers of
23 the town as authorized by G.S. 160A-64."
24 SECTION 3. Section 1 of this act is effective when it becomes law and applies to
25 vacancies occurring on or after that date. The remainder of this act is effective when it becomes
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