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special election required to fill Dan's vacancy NO appointment
The Carrboro Citizen article says "After Coleman’s departure, applications will be accepted to fill Coleman’s seat until the November 2013 election. A successor will then be elected to fill the remainder of his term, through December 2015. An announcement regarding applications will be made." This is not the case. In 2007 Carrboro got local legislation enacted by the General Assembly that PROHIBITS vacancy appointments unless the vacancy occurs in the last year of the term (not the case here) http://ncleg.net/enactedlegislation/sessionlaws/html/2007-2008/sl2007-270.htmlThe Carrboro Town Board must at the next regular meeting after the vacancy occurs has to call a special election, which will chew up several months between filing, absentee voting, etc. If the vacancy occurs in late January, the earliest the special election could be held would probably be early April. The board COULD devide to leave the seat open until November and schedule the special election at the same time as the regular municipal election and fill the last two years that way here is the law that Carrboro asked for and got:"(f) Notwithstanding the first four sentences
of G.S. 160A‑63, but subject to this subsection and subsection (g) of this
section, whenever a seat on the board of aldermen (other than that of the mayor)
becomes vacant at a time when one year or more of the term of office of that
seat remains unexpired, such seat shall be filled by a special election. Such
special election shall be called by the board of aldermen by the adoption of a
resolution pursuant to G.S. 163‑287 at the next regular or special meeting of
the board held after the vacancy occurs. Such resolution shall not schedule an
election during the time period beginning on the first Monday in July and ending
on the last Monday in August in any calendar year. Vacancies that occur in the
office of alderman at a time when less than one year of that alderman's term of
office remains unexpired shall be filled by appointment of the board of aldermen
in accordance with G.S. 160A‑63.(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."
Or
Could he resign immediately and fill the opening this November?
options
JAN, to answer your question, Dan has said he is resigning effective in January or Februeary. If he were to resign effective in early August then the Town could put this on the ballot in November 2012, but they have to have ballots out the door September 8 to meet military absentee ballot requirements for the general election and there also has to be a filing period. Even then there would be three months with no one in office.Carrboro asked for this in 2007 because of pushback from handling a vacancy and they got what they asked for
It would be difficult to run
It would be difficult to run for Board of Aldermen on the same ballot with so many other, much higher-profile races. Not impossible, but difficult.
below soil supervisor
it would be on the ballot just below soil conservation supervisor if this year. In any case, Dan says he is serving til next year, don't rush him out the door.