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

North Carolina § 163-30

• Jurisdiction: North Carolina
• Ch. 163: Elections and Election Laws
• Art. 4: County Boards of Elections
• Subch. II: Election Officers

Text

(a) In every county of the State there shall be a county board of elections, which may be referred to as "county board" in this Chapter. Each county board shall consist of five persons of good moral character who are registered voters in the county in which they are to act. Four members of each county board shall be appointed by the State Board on the last Tuesday in June of each odd-numbered year and shall continue to serve until successors are appointed and qualified. One member of each county board shall be appointed by the State Auditor to be the chair of the county board on the last Tuesday in June of each odd-numbered year and that member's term of office shall continue until a successor is appointed and qualified. Of the appointments to each county board 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.
(b) No person shall be eligible to serve as a member of a county board 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 county board becoming ineligible, that member's seat shall be declared vacant. This subdivision only applies if the county board is conducting the election for which the relative is a candidate.
(c) 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 have the right to recommend to the State Board three registered voters in each county for appointment to the county board for that county. If such recommendations are received by the State Board 15 or more days before the last Tuesday in June of each odd-numbered year, it shall be the duty of the State Board to appoint the county boards from the names thus recommended.
(d) Whenever a vacancy occurs in the membership of a county board for any 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.
(e) At the meeting of the county board 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 shall attend each instructional meeting held pursuant to G.S. 163-46, unless excused for good cause by the chair of the county board, and shall be paid the sum of twenty five dollars ($25.00) per day for attending each of those meetings. (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); 2023-139, s. 4.1; 2024-57, s. 3A.3(a), (f).)