128-7.1. Failure to qualify creates vacancy.
If any person who has been elected to public office (i) dies or becomes disqualified for the office before qualifying for the office, or (ii) for any reason refuses to qualify for the office, the office shall be declared vacant. Unless otherwise provided by law, such vacancy shall be filled by appointment by the authority having the power to fill vacancies as prescribed by law. (1971, c. 183.)
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.