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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 105
Committee Substitute Favorable 3/4/25
Short Title: Gaston Co. Bd. of Ed. Elect. Partisan. (Local)
Sponsors:
Referred to:
February 13, 2025
*H105-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO PROVIDE FO R THE PARTISAN ELECT ION OF THE GASTON CO UNTY 2
BOARD OF EDUCATION. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. Section 2 of Chapter 633 of the 1977 Session Laws reads as rewritten: 5
"Sec. 2. Composition of board of education. 6
(a) Notwithstanding Section 115 -18 of the General Statutes of North Carolina, 7
G.S. 115C-35, the board of education shall consist of nine members. members elected to 8
staggered four-year terms. Two members shall be elected by the duly qualified voters of Gaston 9
County without regard to residence in any particular township and seven from the county at-large 10
and seven members shall be elected by the duly qualified voters of Gaston County from the 11
following townships:from residency districts. For the seven residency district seats, no person 12
shall be eligible to file for or be elected to the board of education unless the person is a qualified 13
voter and resident of the residency district in which the candidate seeks to be elected. All 14
members of the board of education shall be elected by the duly qualified voters of Gaston County. 15
(b) The residency districts for the board of education and the number of members from 16
each residency district are as follows: 17
(1) Cherryville Township shall be entitled to one member. 18
(2) Crowders Mountain Township shall be entitled to one member. 19
(3) Dallas Township shall be entitled to one member. 20
(4) Gastonia Township shall be entitled to two members. 21
(5) Riverbend Township shall be entitled to one member. 22
(6) Southpoint Township shall be entitled to one member." 23
SECTION 2. Section 3 of Chapter 633 of the 1977 Session Laws reads as rewritten: 24
"Sec. 3. Elections. Notwithstanding Section 115-19 of the General Statutes of North Carolina, 25
at the general election to be held in the year 1978, there shall be elected by the duly qualified 26
voters of Gaston County three members of the board of education, with one member from 27
Cherryville Township, one member from Crowders Mountain Town ship and one member at 28
large. The term for these three members shall commence on the first Monday in December 1978, 29
and expire at the end of two years thereafter, or on the first Monday in December 1980. 30
At the general election to be held in the year 1980, there shall be elected by the duly qualified 31
voters of Gaston County six members of the board of education, with one member from 32
Cherryville Township, one member from Crowders Mountain Township, one member from 33
Gastonia Township, one member from Riverbend Township, one member from Southpoint 34
Township and one member at large. Those members elected from Cherryville Township, 35
Crowders Mountain Township, Gastonia Township and the member elected at large shall 36
General Assembly Of North Carolina Session 2025
Page 2 House Bill 105-Second Edition
compose one class, whose term of office shall commence on the first Monday in December 1980, 1
and expire at the end of four years thereafter, or on the first Monday in December 1984. The term 2
of office for those members elected from Riverbend Township and Southpoint Township shall 3
commence on the First Monday in December 1980, and expire at the end of two years thereafter, 4
or on the first Monday in December 1982. 5
At the general election to be held in the year 1982, there shall be elected by the duly qualified 6
voters of Gaston County five members of the board of education, with one member from Dallas 7
Township, one member from Gastonia Township, one member from Riverbend Township, one 8
member from Southpoint Township and one member at large. These five members shall compose 9
another class, whose terms of office shall commence on the first Monday in December 1982, and 10
expire at the end of four years thereafter, or on the first Monday in December 1986. 11
Upon the expiration of the term of office of each class of members of the board of education 12
(the term class shall exclude the members elected for a term of two years) their successors shall 13
be elected to hold office for four years and until their successors are elected and 14
qualified.Notwithstanding G.S. 115C-37, members of the board of education shall be elected on 15
a partisan basis at the time of the general election in each even -numbered year as terms expire. 16
Candidates for election to the board of education shall be nominated at the same time and manner 17
as other county officers. Members shall take office on the first Monday in December following 18
the election. Members shall serve until a successor has been elected and qualified. 19
The election of members of the board of education shall be held, conducted and supervised 20
by the board of elections; and except as herein provided, the general election laws and regulations 21
for the nomination and election of county officers, which are set forth in Chapter Chapters 115C 22
and 163 of the General Statutes of North Carolina, as amended, shall apply and govern as to the 23
holding of any election for members of the board of education." 24
SECTION 3. Section 4 of Chapter 633 of the 1977 Session Laws, as amended by 25
Chapter 331 of the 1979 Session Laws and Chapter 73 of the 1993 Session Laws, is repealed. 26
SECTION 4. Section 7 of Chapter 633 of the 1977 Session Laws reads as rewritten: 27
"Sec. 7. Vacancy. Notwithstanding Section 115-24 of the General Statutes of North Carolina, 28
all All vacancies in the membership of the board of education by death, resignation, or other 29
causes shall be filled by the remaining members of the board of education by the appointment of 30
a person to serve until the next election of members of such board at which time the remaining 31
unexpired term of the office in which the vacancy occurs shall be filled by election. In the event 32
that the replacement is not selected by the board of education within a period of 90 days after the 33
vacancy occurs, such vacancy shall be filled by the board of commissioners. When one who has 34
been elected at large vacates his office, the successor may be selected without regard to the 35
location of his residence in the county. When one who has been elected from a township vacates 36
his office, the successor shall be selected from that same township. in accordance with 37
G.S. 115C-37.1." 38
SECTION 5. This act does not affect the term of any member elected in 2024 to the 39
Gaston County Board of Education. Any vacancy on the Gaston County Board of Education for 40
a member elected in 2024 shall be filled by appointment by the remaining members of the Gaston 41
County Board of Education to serve the remainder of the unexpired term. When a vacancy occurs 42
in a seat elected from a residency district, the successor shall be selected from the residency 43
district of the vacating member. Each member of the Gaston County Board of Education elected 44
in 2024, or any member appointed to fill a vacancy for a member elected in 2024, shall serve 45
until a successor has been elected and qualified. 46
SECTION 6. G.S. 115C-37.1(d) reads as rewritten: 47
"(d) This section shall apply only to the Hickory City Board of Education and the 48
Newton-Conover City Board of Education and in the following counties: Alexander, Alleghany, 49
Ashe, Beaufort, Brunswick, Burke, Cabarrus, Caldwell, Carteret, Catawba, Cherokee, Clay, 50
Craven, Dare, Davie, Forsyth, Gaston, Graham, Harnett, Henderson, Hyde, Iredell, Lee, Lincoln, 51
General Assembly Of North Carolina Session 2025
House Bill 105-Second Edition Page 3
Madison, McDowell, Mitchell, New Hanover, Onslow, Pamlico, Pender, Polk, Rowan, 1
Rutherford, Stanly, Stokes, Surry, Vance, Washington, and Yancey." 2
SECTION 7. This act becomes effective the first Monday in December of 2026, and 3
elections in 2026 shall be conducted accordingly. 4