128-1.1. Dual-office holding allowed.
(a) Any person who holds an appointive office, place of trust or profit in State or local government is hereby authorized by the General Assembly, pursuant to Article VI, Sec. 9 of the North Carolina Constitution, to hold concurrently one other appointive office, place of trust or profit, or an elective office in either State or local government.
(b) Any person who holds an elective office in State or local government is hereby authorized by the General Assembly, pursuant to Article VI, Sec. 9 of the North Carolina Constitution to hold concurrently one other appointive office, place of trust or profit, in either State or local government.
(c) Any person who holds an office or position in the federal postal system or is commissioned as a special officer or deputy special officer of the United States Bureau of Indian Affairs is hereby authorized to hold concurrently therewith one position in State or local government.
(c1) Where authorized by federal law, any State or local law enforcement agency may authorize its law enforcement officers to also perform the functions of an officer under 8 U.S.C. 1357(g) if the agency has a Memorandum of Agreement or Memorandum of Understanding for that purpose with a federal agency. State and local law enforcement officers authorized under this provision are authorized to hold any office or position with the applicable federal agency required to perform the described functions.
(c2) Repealed by Session Laws 2015-201, s. 3(b), effective August 5, 2015.
(d) The term "elective office," as used herein, shall mean any office filled by election by the people when the election is conducted by a county board of elections under the supervision of the State Board of Elections. (1971, c. 697, s. 2; 1975, c. 174; 1987, c. 427, s. 10; 2006-259, s. 24(a); 2011-31, s. 13; 2014-100, s. 14.11(b); 2015-201, s. 3(b); 2015-241, s. 14.30(u); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 128 - Offices and Public Officers
Article 1 - General Provisions.
§ 128-1 - No person shall hold more than one office; exception.
§ 128-1.1 - Dual-office holding allowed.
§ 128-1.2 - Ex officio service by county and city representatives and officials.
§ 128-2 - Holding office contrary to the Constitution; penalty.
§ 128-3 - Bargains for office void.
§ 128-4 - Receiving compensation of subordinates for appointment or retention; removal.
§ 128-5 - Oath required before acting; penalty.
§ 128-6 - Persons admitted to office deemed to hold lawfully.
§ 128-7 - Officer to hold until successor qualified.
§ 128-7.1 - Failure to qualify creates vacancy.
§ 128-7.2 - Qualifications for appointment to fill vacancy in elective office.
§ 128-10 - Citizen to recover funds of county or town retained by delinquent official.
§ 128-11 - Trust funds to be kept separate.
§ 128-12 - Violations to be reported; misdemeanors.
§ 128-14 - Identification cards for field agents or deputies of State departments.
§ 128-15 - Employment preference for veterans and their spouses or surviving spouses.
§ 128-15.2 - Appointment of acting heads of certain agencies.