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North Carolina Statutes § 163-30 County boards of elections; appointments; terms of office; qualifications; vacancies; oath of office; instructional meetings

⤴ Up to Article 4: County Boards of Elections

Statute Text

(a) In every county of the State there shall be a county board of elections, to consist of [five] four persons of good moral character who are registered voters in the county in which they are to act. Members of county boards of elections shall be appointed by the [State Board of Elections] General Assembly for a two-year term of office that begins on the last Tuesday in [June, and every two years thereafter, and their terms of office shall continue for two years from the specified date of appointment and until their successors are appointed and qualified. Four members of county boards of elections shall be appointed by the State Board on the last Tuesday in June and every two years thereafter, and their terms of office shall continue for two years from the specified date of appointment and until their successors are appointed and qualified. One member of the county boards of elections shall be appointed by the Governor to be the chair of the county board on the last Tuesday in June and every two years thereafter, and that member's term of office shall continue for two years from the specified date of appointment and until a successor is appointed and qualified. Of the appointments to each county board of elections by the State Board, two members each shall belong to the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics published by the State Board.] June of each odd-numbered year, as follows:
(1) One member appointed upon recommendation of the President Pro Tempore of the Senate.
(2) One member appointed upon recommendation of the Speaker of the House of Representatives.
(3) One member appointed upon recommendation of the minority leader of the Senate.
(4) One member appointed upon recommendation of the minority leader of the House of Representatives.
(b) No person shall be eligible to serve as a member of a county board of elections who meets any of the following criteria:
(1) Holds any elective office under the government of the United States, or of the State of North Carolina or any political subdivision thereof.
(2) Holds any office in a state, congressional district, county or precinct political party or organization. Provided, however, that the position of delegate to a political party convention shall not be considered an office for the purpose of this subdivision.
(3) Is a campaign manager or treasurer of any candidate or political party in a primary or election.
(4) Is a candidate for nomination or election.
(5) Is the wife, husband, son, son in law, daughter, daughter in law, mother, mother in law, father, father in law, sister, sister in law, brother, brother in law, aunt, uncle, niece, or nephew of any candidate for nomination or election. Upon any member of the board of elections becoming ineligible, that member's seat shall be declared vacant. This subdivision only applies if the county board of elections is conducting the election for which the relative is a candidate.
(c) [The] No later than April 1 of each odd-numbered year, the State chair of the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics published by the State Board shall each have the right to recommend [to the State Board three] two registered voters in each county for appointment to the board of elections for that county. [If such recommendations are received by the State Board 15 or more days before the last Tuesday in June 2019, and each two years thereafter, it shall be the duty of the State Board to appoint the county boards from the names thus recommended.]
(c1) At the first meeting in July of each year, the county board of elections shall organize by electing one member of that county board of elections to serve a one-year term as chair of the county board of elections. If for any reason a chair is not elected within 15 days after the first meeting in July or within 30 days of the occurrence of a vacancy, the office of chair may be filled by legislative appointment in accordance with G.S. 120-121 as if the chair is a member of a board or commission with the appointing authority being as follows:
(1) If the vacancy occurs in 2025 and every eight years thereafter, the appointment is made upon the recommendation of the President Pro Tempore of the Senate.
(2) If the vacancy occurs in 2026 and every eight years thereafter, the appointment is made upon the recommendation of the Speaker of the House of Representatives.
(3) If the vacancy occurs in 2027 and every eight years thereafter, the appointment is made upon the recommendation of the President Pro Tempore of the Senate.
(4) If the vacancy occurs in 2028 and every eight years thereafter, the appointment is made upon the recommendation of the Speaker of the House of Representatives.
(5) If the vacancy occurs in 2029 and every eight years thereafter, the appointment is made upon the recommendation of the Speaker of the House of Representatives.
(6) If the vacancy occurs in 2030 and every eight years thereafter, the appointment is made upon the recommendation of the President Pro Tempore of the Senate.
(7) If the vacancy occurs in 2031 and every eight years thereafter, the appointment is made upon the recommendation of the Speaker of the House of Representatives.
(8) If the vacancy occurs in 2032 and every eight years thereafter, the appointment is made upon the recommendation of the President Pro Tempore of the Senate.
(d) Whenever a vacancy occurs in the membership of a county board of elections for any [cause] cause, the State chair of the political party of the vacating member shall have the right to recommend two registered voters of the affected county [for such office, and it shall be the duty of the State Board to fill the vacancy from the names thus recommended.] to fill the vacancy. The General Assembly may fill the vacancy in accordance with G.S. 120-121 during a regular or extra session. Notwithstanding G.S. 120-122 , if the General Assembly has adjourned for more than 10 days, the vacancy shall be filled by the individual recommending the appointment of the vacating member in accordance with subsection (a) of this section via a letter appointing an individual to serve until the expiration of the term under subsection (a) of this section or until the General Assembly fills the vacancy, whichever occurs first.
(e) At the meeting of the county board of elections required by G.S. 163-31 to be held on Tuesday following the third Monday in July in the year of their appointment the members shall take the following oath of office:
"I, ____, do solemnly swear (or affirm) that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina and to the constitutional powers and authorities which are or may be established for the government thereof; that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States; and that I will well and truly execute the duties of the office of member of the ____ County Board of Elections to the best of my knowledge and ability, according to law; so help me God."
(f) Each member of the county board of elections shall attend each instructional meeting held pursuant to G.S. 163-46 , unless excused for good cause by the chair of the board, and shall be paid the sum of twenty five dollars ($25.00) per day for attending each of those meetings.

History

Amended by 2023 N.C. Sess. Laws 139 , s. 4.1 , eff. 1/1/2024 .

1901, c. 89, ss. 6, 11; Rev., ss. 4303, 4304, 4305; 1913, c. 138; C.S., ss. 5924, 5925, 5926; 1921, c. 181, s. 1; 1923, c. 111, s. 1; c. 196; 1933, c. 165, s. 2; 1941, c. 305, s. 1; 1945, c. 758, ss. 1, 2; 1949, c. 672, s. 1; 1953, c. 410, ss. 1, 2; c. 1191, s. 2; 1955, c. 871, s. 1; 1957, c. 182, s. 1; 1959, c. 1203, s. 1; 1967, c. 775, s. 1; 1969, c. 208, s. 1; 1973, c. 793, s. 7; c. 1094; c. 1344, s. 4; 1975, c. 19, s. 66; c. 159, s. 1; 1981, c. 954, s. 1; 1983, c. 617, ss. 1, 2; 1985, c. 472, s. 4; 1997-211, s. 1; 2016-125, 4th Ex. Sess., s. 5(h); 2017-6, ss. 2, 3, 7(h); 2018-145, s. 25(a); 2018-146, ss. 3.1(a), (b), 4.3(a).

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Prior Versions of This Statute