160A-63. Vacancies.
A vacancy that occurs in an elective office of a city shall be filled by appointment of the city council. If the term of the office expires immediately following the next regular city election, or if the next regular city election will be held within 90 days after the vacancy occurs, the person appointed to fill the vacancy shall serve the remainder of the unexpired term. Otherwise, a successor shall be elected at the next regularly scheduled city election that is held more than 90 days after the vacancy occurs, and the person appointed to fill the vacancy shall serve only until the elected successor takes office. The elected successor shall then serve the remainder of the unexpired term. If the number of vacancies on the council is such that a quorum of the council cannot be obtained, the mayor shall appoint enough members to make up a quorum, and the council shall then proceed to fill the remaining vacancies. If the number of vacancies on the council is such that a quorum of the council cannot be obtained and the office of mayor is vacant, the Governor may fill the vacancies upon the request of any remaining member of the council, or upon the petition of any five registered voters of the city. Vacancies in appointive offices shall be filled by the same authority that makes the initial appointment. This section shall not apply to vacancies in cities that have not held a city election, levied any taxes, or engaged in any municipal functions for a period of five years or more.
In cities whose elections are conducted on a partisan basis, a person appointed to fill a vacancy in an elective office shall be a member of the same political party as the person whom he replaces if that person was elected as the nominee of a political party. (R.C., c. 111, ss. 9, 10; Code, ss. 3793, 3794; Rev., ss. 2921, 2931; C.S., ss. 2629, 2631; 1971, c. 698, s. 1; 1973, c. 426, s. 11; c. 827, s. 1; 1983, c. 827, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 160A - Cities and Towns
Article 5 - Form of Government.
§ 160A-59 - Qualifications for elective office.
§ 160A-60 - Qualifications for appointive office.
§ 160A-62 - Officers to hold over until successors qualified.
§ 160A-64 - Compensation of mayor and council.
§ 160A-64.1 - Withholding compensation; money judgment against council member.
§ 160A-66 - Composition of council.
§ 160A-67 - General powers of mayor and council.
§ 160A-68 - Organizational meeting of council.
§ 160A-69 - Mayor to preside over council.
§ 160A-70 - Mayor pro tempore; disability of mayor.
§ 160A-71 - Regular and special meetings; recessed and adjourned meetings; procedure.
§ 160A-72 - Minutes to be kept; ayes and noes.
§ 160A-76 - Franchises; technical ordinances.
§ 160A-77 - Code of ordinances.
§ 160A-79 - Pleading and proving city ordinances.
§ 160A-80 - Power of investigation; subpoena power.
§ 160A-81 - Conduct of public hearings.
§ 160A-81.1 - Public comment period during regular meetings.
§ 160A-82 - Applicability of Part.
§ 160A-86 - Local governing boards' code of ethics.
§ 160A-87 - Ethics education program required.
§ 160A-102 - Amendment by ordinance.
§ 160A-103 - Referendum on charter amendments by ordinance.
§ 160A-104 - Initiative petitions for charter amendments.
§ 160A-105 - Submission of propositions to voters; form of ballot.
§ 160A-106 - Amendment of charter provisions dependent on form of government.
§ 160A-107 - Plan to continue for two years.
§ 160A-108 - Municipal officers to carry out plan.
§ 160A-110 - Charters to remain in force.
§ 160A-111 - Filing certified true copies of charter amendments.