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<br />N.C. Gen. Stat. § 153A-27
<br />GENERAL STATUTES OF NORTH CAROLINA
<br />Copyright 2007 by Matthew Bender & Company, Inc.
<br />a member of the LexisNexis Group.
<br />All rights reserved
<br />THIS DOCUMENT IS CURRENT THROUGH THE 2007 REGULAR SESSION AND 1ST EXTRA
<br />SESSION
<br />ANNOTATIONS CURRENTTHROUGH SEPTEMBER 21, 2007
<br />CHAPTER 153A. COUNTIES
<br />ARTICLE 4. FORM OF GOVERNMENT
<br />PART 1. GENERAL PROVISIONS
<br />Go to the North Carolina Code Archive Directory
<br />N.C. Gen. Stat. § 153A-27 (2007)
<br />§ 153A-27. Vacancies on the board of commissioners
<br />If a vacancy occurs on the board of commissioners, the remaining members of the board
<br />shall appoint a qualified person to fill the vacancy. If the number of vacancies on the board is
<br />such that a quorum of the board cannot be obtained, the chairman of the board shall appoint
<br />O enough members to make up a quorum, and the board shall then proceed to fill the
<br />remaining vacancies. If the number of vacancies on the board is such that a quorum of the
<br />board cannot be obtained and the office of chairman is vacant, the clerk of superior court of
<br />the county shall fill the vacancies upon the request of any remaining member of the board or
<br />upon the petition of any five registered voters of the county. If for any other reason the
<br />remaining members of the board do not fill a vacancy within 60 days after the day the
<br />vacancy occurs, the clerk shall immediately report the vacancy to the clerk of superior court
<br />of the county. I lie clerk of superior court shall, within 10 days after the day the vacancy is
<br />reported to him, fill tie vacancy.
<br />If the member being replaced was Serving a two-year term, or if the member was serving a
<br />four-year term and the vacancy occurs later than 60 days before the general election held
<br />after the first two years of the term, the appointment to fill the vacancy is for the remainder
<br />of the unexpired term. Otherwise, the term of the person appointed to fill he vacancy
<br />more
<br />extends to the first Monday in December next following the first genera
<br />than 60 days after the day the vacancy occurs; at that general election, a person shall be
<br />elected to the seat vacated, either to the remainder of the unexpired term or, if the term has
<br />expired, to a full term.
<br />To be eligible for appointment to fill a vacancy, a person must (i) be a member of the same
<br />political party as the member being replaced, if that member was elected as the nominee of
<br />a political party, and (ii) be a resident of the same district as the member being replaced, if
<br />the county is divided into electoral districts. The board of commissioners or the clerk of
<br />superior court, as the case may be, shall consult the county executive committee of the
<br />appropriate political party before filling a vacancy, but neither the board nor the clerk of the
<br />• superior court is bound by the committee's recommendation.
<br />HISTORY: Code, s. 719; 1895, c. 135, s. 7; Rev., s. 1314; 1909, c. 490, s. 1; C.S., s. 1294;
<br />1959, c. 1325; 1965, cc. 239, 382; 1967, cc. 7, 424, 439, 1022; 1969, cc. 82, 222; 1971, c.
<br />743, s. 1; 1973, c. 822, s. 1; 1985, c. 563, ss. 7.3, 7.4.
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