§ 163-280. Municipal boards of elections.
§ 163‑280. Municipal boards of elections.
(a) In each city that is authorized and elects to conduct itsown elections in the manner provided by G.S. 163‑285, there shall be amunicipal board of elections consisting of three persons of good moralcharacter who are registered voters of the city. Members of the municipal boardof elections shall be appointed by the city council at its regularly scheduledmeeting held next before June 1 in each year preceding each regular municipalprimary or election, and their terms of office shall be for two years beginningJune 1 and until their successors are appointed and qualify. In municipalitieswhere there are registered voters of more than one party, not more than twomembers of the municipal board of elections shall belong to the same politicalparty, if the municipal officers are elected on a nonpartisan or partisanbasis.
No person shall serve as a member of a municipal board of elections whoholds any elective office, who is a candidate for any elective public office,who is a member of a county board of elections, or who is serving as campaignmanager for any candidate in any election.
(b) On the Monday before the filing period opens for electionsin that municipality, the newly appointed members of the municipal board ofelections shall meet at the city hall or some other place specified by the citycouncil and shall take the following oath of office:
"I_________, do solemnly swear (or affirm) thatI will support the Constitution of the United States; that I will be faithfuland bear true allegiance to the State of North Carolina, and to theconstitutional powers and authorities which are or may be established for thegovernment thereof; that I will endeavor to support, maintain, and defend theConstitution of said State, not inconsistent with the Constitution of theUnited States; and that I will well and truly execute the duties of the officeof member of the ______ municipal board of elections to the best of myknowledge and ability, according to law. So help me, God."
After each member has taken the oath, the board shall organize byelecting one of its members chairman and another member secretary of the board.
(c) On the Monday following the seventh Saturday before eachregular municipal primary or election, the municipal board of elections shallmeet and appoint precinct chief judges and judges of elections. The municipalboard of elections may then or at any time thereafter appoint a supervisor ofelections, who shall have all of the powers and duties of a director ofelections to a county board of elections. The board may hold other meetings atsuch times and places as the chairman of the board, or any two members thereof,may direct, for the performance of duties prescribed by law. A majority of themembers shall constitute a quorum for the transaction of business.
(d) The municipal board of elections shall keep minutesrecording all proceedings and findings at each of its meetings. The minutesshall be recorded in a book which shall be kept in the board office if there beone, otherwise, the minute book shall remain in the custody of the secretary ofthe board.
(e) The compensation of members of the municipal board ofelections shall be fixed by the city council.
(f) Municipal boards of elections shall have, with respect tomunicipal elections, all of the powers conferred on county boards of electionsby G.S. 163‑33 and G.S. 163‑34 with respect to national, State,district, and county elections.
(g) No municipal, county, State or national chairman of any politicalparty shall have the right to recommend to the city council the names of anyperson for appointment to membership on a municipal board of elections.
(h) Whenever a vacancy occurs in the membership of any municipalboard of elections for any cause, the appointing city council shall fill thevacancy within 30 days of when it occurs.
(i) The city council with power to appoint a member of amunicipal board of elections or the State Board of Elections may remove amember of a municipal board of elections for incompetency, neglect or failureto perform duties, fraud, or any other satisfactory cause. Before exercisingthis removal power, the city council or the State Board of Elections shallnotify the municipal board member affected and give him an opportunity to beheard. (1971, c. 835, s. 1; 1973,c. 793, ss. 75‑79; c. 1223, s. 8; 1975, c. 19, s. 70; 1977, c. 626, s. 1;1983, c. 644, s. 3; 1985, c. 599, s. 4; c. 768, s. 27; 1993 (Reg. Sess., 1994),c. 762, s. 59; 1995, c. 243, s. 1.)