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§ 153A-27.1, ~acancies on board of commissioners in cer.
<br /> rain counties.
<br /> (a) If a vacancy occurs on the board of commissioners, the
<br />members of the board shall appoint a qualified person to fill the vacancy. If the
<br />number of vacancies on the board is such that a quorum of the board canner be
<br />obtained, the chairman of the board shall appoint enough members to make up
<br />a quorum, and the board shall then proceed to fll the remaining vacancies. If
<br />the number of vacancies on the board is such that a quowm of the board cannot
<br />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 rem~nlng member
<br />of the board or upon the petition of any registered voters of the county.
<br /> (b) If the member being replaced was serving a ~vo-year term, or if the
<br />member was serving a four-year te~ and the vacancy occurs later than 60
<br />days before the generai election held a~er the £r~t two years of the term, the
<br />appointment to fill the vacancy is for the remainder of the unexpired ~erm.
<br />Otherwise, the term of the person appointed to fill the vacancy extends ~o the
<br />first Monday in December next following the first general election held more
<br />than 60 days after the day the vacancy occurs; at that general election, a
<br />person shall be elected to the seat vacated for the remainder of the unexpired
<br />te~m.
<br /> (c) 'To be eligible f~r appointment to fill a vacancy, a person must (i) be a
<br />member of the s~me political party as the member being replaced, if that
<br />member Was elected as the nominee of ~ political party, and (ii) be a resident
<br />of the s'ame district as the member being replaced, if the county is divided into
<br />electoral districts.
<br /> (d) If the member who vacated the seat was elected as a nominee of a
<br /> political party, the board of commissioners, the chairman of the board, or the
<br /> clerk of superior court, as the case may be, shall consult the. county executive
<br /> committee of the appropriate political party before filling the vacancy, and
<br /> shall appoint the person recommended by the county executive committee of
<br /> the political party of which the commissioner being replaced was a member, if
<br /> the party makes a recommendation within 30 days of the occurrence of the
<br /> vacancy.
<br /> (e) Whenever because of G.S. 153A-58(3)b. or because of any local act, only
<br /> the quali~ed voters of an area which is less than the entire county were eligible
<br /> to vote in the general election for the member wh?e seat is vacant, the
<br /> appointing authority must accept the recommendation only ff the county
<br /> executive con~ttee restricted voting to committee members who represent
<br /> precincts all or part of which were within the territorial area of the district of
<br /> the county commissioner.
<br /> (f) The provisions of any local act which provides that a county executive
<br /> cowmlttee of a political party shall fill any vacancy-on a board of county
<br /> commissioners are repealed.
<br /> (g) Counties subject to this section are not subject to G.S. 153A-27.
<br />Al(h) T~s s,ectio,n shall apply only in the following counties: Alamance,
<br /> exan~er, P~uegnany, Avery, Beaufort, Brunswick, Buncombe, Burke,
<br />DCabarrus, Caldweli, Carteret, Cherokee, Clay, Cleveland, Cumberland, Dare,
<br /> avidson, Davie, Forsyth, Graham, Guilford, Haywood, Henderson, Hyde,
<br />Jackson, Lincoln, Macon, Madison, McDowell, Mecklenburg, Moore, Pender,
<br />Polk, Randolph, Rockingham, Rutherford, Sampson, Stanly, Stokes,
<br />Transylvania, Wake, and Yancey. (1981, c. 763, ss. 6, 14; c. 830; 1983, c. 418;
<br />1985, c. 563, s. 7.2; 1987, c. 196, s. 1; 1989, c. 296; c. 497, s. 2; 1991, c. 395, s.
<br />1; c. 558, s. 1; 1995 (Reg. Sess., 1996), c. 683, s. 1; 1997~88, s. 1.)
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<br /> Local Modification. ~ Beaufort: 1997-248,
<br />s. 3(a).
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