Filling vacancies: school board, Chapel Hill, and Carrboro

Submitted by gercohen on October 13, 2011 - 12:28pm
Up til 1955 the CH Town Council filled vacancies on the school board, then it went to elections to fill vacancies, but the local acts were unclear how to deal with this. The general law just said refer to the local act. In 1973 there was a 2 year vacancy and the Board of Elections put it on the ballot as a separate election. The powers that be did not like this, and the school board asked the legislature to change this so the low vote-getting winner got a shorter term. The legislature did this in 1974, then did it again in in 1975. the 1975 act shortened school board terms from 6 years to 4, through 1973 school board terms were six years.
The school board local act makes the school board follow the same rules as Chapel Hill ----- the Chapel Hill Town Council asked for the same thing in 1980.

"AN ACT TO AMEND THE CHARTER OF THE TOWN OF CHAPEL HILL CONCERNING VACANCIES IN THE OFFICES OF MAYOR AND MEMBERS OF THE TOWN COUNCIL. 

The General Assembly of North Carolina enacts:

Section 1. Chapter 473, Session Laws of 1975, being the Charter of the Town of Chapel Hill, as amended by Section 1(2), Chapter 693, Session Laws of 1979, is further amended by rewriting Section 2.4 of the Charter (Section 2.3 under local revision pursuant to G.S. 160A-496) to read:

"§ 2.3. Vacancies in elected offices.-If any elected town officer shall fail or refuse to be qualified, or if there is a vacancy in any elective town office after qualification, or if the holder of any such office be unable to discharge the duties of the office, then such vacancy shall be provided in the following manner:

.....

(2) A vacancy occurring on the council, which occurs during the period beginning with the first day of the four year term of office and ending on the fortieth day prior to the next regular biennial town election shall be filled by appointment of the town council only until the next general municipal election at which time a member shall be elected to the remainder of said unexpired term. The candidate receiving the fifth highest number of votes (and if necessary the 6th, 7th and 8th highest number) following those elected for full four-year terms, shall be declared elected for the remainder of the unexpired term. A vacancy occurring on the council, which occurs at any other time shall be filled by appointment of the town council for the remainder of the unexpired term."

In the General Assembly read three times and ratified, this the 18th day of June, 1980. "

 the policy decision was that the least favored of the winners would get the shorter term (though remember the WC Fields adage which was the opposite -- first prize in a contest, one week in Philadelphia, second prize two weeks in Philadelphia) rather than making candidates divide up in groups running for different offices.
The 1987 Carrboro charter rewrite did the same thing
section 2.2(d) (d) In the general municipal election the candidate receiving the highest number of votes for mayor shall be elected. The three candidates in such election receiving the highest number of votes for the office of alderman shall be elected for full four-year terms. If it is also necessary to elect one or more aldermen to fill the unexpired terms of one or more aldermen whose offices were vacated, the person receiving the fourth highest number of votes for aldermen (and, if necessary, the fifth and the sixth highest number of votes) shall be elected for the unexpired term or terms.
in 2007 Carrboro got another local act to require special elections to fill vacancies of more than a year, but provided that if the Board of Aldermen set the special election at the same time as the gerneral election, it was still tagged on

(g) If the board of aldermen adopts a resolution calling for a special election to fill one or more vacant board seats as provided in subsection (f) of this section, and the resolution sets as the date of such election the same date as a regular municipal election, then (i) the resolution shall provide that the same filing period, filing fee, and absentee voting period that are applicable to the three seats on the board whose terms are expiring shall also apply to the special election for the vacant seat or seats; (ii) candidates who seek to fill either the expiring seats or the vacant seats shall file and appear on the ballot simply as candidates for election to the board of aldermen (i.e. they shall not be allowed to file or appear on the ballot as a candidate for either a particular vacant seat or an expiring seat); and (iii) the three candidates receiving the highest number of votes for the office of alderman shall be elected to full four‑year terms, and the person receiving the fourth highest number of votes for aldermen (and, if necessary, the fifth and the sixth highest number of votes) shall be elected for the remaining two years of the unexpired term of the vacant seat or seats."

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