reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 162A - Water and Sewer Systems › Article 6 - County Water and Sewer Districts. › § 162A-93 - Certain city actions prohibited.

§ 162A-93. Certain city actions prohibited.
(a) No city may duplicate water or sewer services provided by a district under this Article by installing parallel lines and requiring owners of improved property in territory annexed by the city to connect, except with consent of the district governing body.
(b) The provisions of subsection (a) shall not apply if the city council adopts an annexation ordinance including an area served by a district and finds, after a public hearing, that adequate fire protection cannot be provided in the area because of the level of available water service. Notice of the public hearing shall be provided by first class mail to each affected customer and by publication in a newspaper having general circulation in the area, each not less than 10 days before the hearing. The clerk's certification of the mailing shall be deemed conclusive in the absence of fraud. Any resident of the annexed area aggrieved by such a finding of the council may file a petition for review in the superior court in the nature of certiorari, within 30 days after the finding. The petition for review in the nature of certiorari shall comply with G.S. 160D-1402.
(c) Provision of public water and sewer services by a district under this Article to an area annexed by a city shall satisfy the city's obligation to provide for water and sewer services under G.S. 160A-35 and G.S. 160A-47. The city may negotiate for purchase of the lines or systems owned and operated by the district.
(d) Upon annexation by a city of an area served by a district under this Article, the city may provide for installation of and use fire hydrants on the district water lines, by arrangement with the district and at the city's cost. (1989, c. 741, s. 1; 2009-421, s. 4; 2022-62, s. 53.)
2023 North Carolina General Statutes › Chapter 162A - Water and Sewer Systems › Article 6 - County Water and Sewer Districts. › § 162A-94 - Certain actions validated.

§ 162A-94. Certain actions validated.
Any contract entered into by a county water and sewer district on or before February 1, 1995, is not invalid because of failure to comply with Article 8 of Chapter 143 of the General Statutes. (1995, c. 266, s. 1.)
2023 North Carolina General Statutes › Chapter 162A - Water and Sewer Systems › Article 7 - Assumption of Indebtedness of Certain Districts. › § 162A-101 - Assumption of indebtedness of certain districts.

§ 162A-101. Assumption of indebtedness of certain districts.
Subject to approval by a majority of the qualified voters of the county voting at an election thereon, a county may assume all indebtedness, incurred for paying all or any part of the cost of a water supply and distribution system, a sewerage system, or both, of any:
(1) Water and sewer authority organized under Article 1 of this Chapter;
(2) Metropolitan water district organized under Article 4 of this Chapter;
(3) Metropolitan sewerage district organized under Article 5 of this Chapter; or
(4) County water and sewer district organized under Article 6 of this Chapter.
An election under this Article shall be called and held in accordance with the provisions of the Local Government Finance Act, insofar as the same may be made applicable, and the returns of the election shall be canvassed and a statement of the result thereof prepared, recorded and published as provided in the Local Government Finance Act. No right of action or defense founded upon the invalidity of the election shall be asserted nor shall the validity of the election be open to question in any court upon any ground whatever, except in an action or proceeding commenced within 30 days after the publication of the statement of result. In the event that any indebtedness of a water and sewer authority, metropolitan water district, metropolitan sewerage district, or county water and sewer district is assumed by the county, there shall be annually levied and collected an ad valorem tax upon all the taxable property in the county sufficient to pay the assumed indebtedness and the interest thereon as it becomes due and payable; provided, however, the tax may be reduced by the amount of other moneys actually available for this purpose. The tax shall be determined, levied and collected in the manner provided by law. (1989, c. 573.)
2023 North Carolina General Statutes › Chapter 162A - Water and Sewer Systems › Article 8 - System Development Fees. › § 162A-203 - Authorization of system development fee.

§ 162A-203. Authorization of system development fee.
(a) A local governmental unit may adopt a system development fee for water or sewer service only in accordance with the conditions and limitations of this Article.
(b) A system development fee adopted by a local governmental unit under any lawful authority other than this Article and in effect on October 1, 2017, shall be conformed to the requirements of this Article not later than July 1, 2018. (2017-138, s. 1.)
2023 North Carolina General Statutes › Chapter 162A - Water and Sewer Systems › Article 8 - System Development Fees. › § 162A-205 - Supporting analysis.

§ 162A-205. Supporting analysis.
A system development fee shall be calculated based on a written analysis, which may constitute or be included in a capital improvements plan, that:
(1) Is prepared by a financial professional or a licensed professional engineer qualified by experience and training or education to employ generally accepted accounting, engineering, and planning methodologies to calculate system development fees for public water and sewer systems.
(2) Documents in reasonable detail the facts and data used in the analysis and their sufficiency and reliability.
(3) Employs generally accepted accounting, engineering, and planning methodologies, including the buy-in, incremental cost or marginal cost, and combined cost methods for each service, setting forth appropriate analysis as to the consideration and selection of a method appropriate to the circumstances and adapted as necessary to satisfy all requirements of this Article.
(4) Documents and demonstrates the reliable application of the methodologies to the facts and data, including all reasoning, analysis, and interim calculations underlying each identifiable component of the system development fee and the aggregate thereof.
(5) Identifies all assumptions and limiting conditions affecting the analysis and demonstrates that they do not materially undermine the reliability of conclusions reached.
(6) Calculates a final system development fee per service unit of new development and includes an equivalency or conversion table for use in determining the fees applicable for various categories of demand.
(7) Covers a planning horizon of not less than five years nor more than 20 years.
(8) Is adopted by resolution or ordinance of the local governmental unit in accordance with G.S. 162A-209.
(9) Uses the gallons per day per service unit that the local governmental unit applies to its water or sewer system engineering or planning purposes for water or sewer, as appropriate, in calculating the system development fee.
(10) Includes any purchased capacity in, or reserved capacity supplied by, capital improvements or facilities owned by another local government unit as part of the local government unit's overall capacity in capital improvements. (2017-138, s. 1; 2018-34, s. 1(a); 2021-76, s. 2; 2023-55, s. 2(b).)
2023 North Carolina General Statutes › Chapter 162A - Water and Sewer Systems › Article 8 - System Development Fees. › § 162A-207 - Minimum requirements.

§ 162A-207. Minimum requirements.
(a) Maximum. – A system development fee shall not exceed that calculated based on the system development fee analysis.
(b) Revenue Credit. – In applying the incremental cost or marginal cost, or the combined cost, method to calculate a system development fee with respect to capital improvements, the system development fee analysis must include as part of that methodology a credit against the projected aggregate cost of capital improvements. That credit shall be determined based upon generally accepted calculations and shall reflect a deduction of either the outstanding debt principal or the present value of projected water and sewer revenues received by the local governmental unit for the capital improvements necessitated by and attributable to such new development, anticipated over the course of the planning horizon. In no case shall the credit be less than twenty-five percent (25%) of the aggregate cost of capital improvements.
(c) Construction or Contributions Credit. – In calculating the system development fee with respect to new development, the local governmental unit shall credit the value of costs in excess of the development's proportionate share of connecting facilities required to be oversized for use of others outside of the development. No credit shall be applied, however, for capital improvements on-site or to connect new development to facilities. (2017-138, s. 1; 2021-76, s. 3.)
2023 North Carolina General Statutes › Chapter 162A - Water and Sewer Systems › Article 8 - System Development Fees. › § 162A-209 - Adoption and periodic review.

§ 162A-209. Adoption and periodic review.
(a) For not less than 45 days prior to considering the adoption of a system development fee analysis, the local governmental unit shall post the analysis on its Web site and solicit and furnish a means to submit written comments, which shall be considered by the preparer of the analysis for possible modifications or revisions.
(b) After expiration of the period for posting, the governing body of the local governmental unit shall conduct a public hearing prior to considering adoption of the analysis with any modifications or revisions.
(c) The local governmental unit shall publish the system development fee in its annual budget or rate plan or ordinance. The local governmental unit shall update the system development fee analysis at least every five years. (2017-138, s. 1.)
2023 North Carolina General Statutes › Chapter 162A - Water and Sewer Systems › Article 8 - System Development Fees. › § 162A-213 - Time for collection of system development fees.

§ 162A-213. Time for collection of system development fees.
(a) Land Subdivision. – For new development involving the subdivision of land, the system development fee shall be collected by a local governmental unit at the later of either of the following:
(1) The time of application for a building permit.
(2) When water or sewer service is committed by the local governmental unit.
(b) Other New Development. – For all other new development, the local governmental unit shall collect the system development fee at the earlier of either of the following:
(1) The time of application for connection of the individual unit of development to the service or facilities.
(2) When water or sewer service is committed by the local governmental unit.
(c) If the system development fee is collected under subdivision (a)(1) of this section and the local governmental unit that charges or assesses the system development fee is different from the local governmental unit that issues the building permit, the local governmental unit issuing the building permit shall require proof of collection of the system development fee prior to issuance of the building permit.
(d) No system development fee shall be charged or assessed with respect to any new development for which a system development fee under this Article has been collected at the time of plat recordation involving the subdivision of land and the amount of capacity associated with that payment of the system development fee has not increased at the time of application for the building permit. If the amount of capacity is increased at the time of application for a building permit, then a system development fee may be charged for the difference in the amount of the increased capacity minus the system development fee previously paid under this Article. (2017-138, s. 1; 2018-34, s. 3(a); 2020-61, ss. 1(a)-(d), 2(a).)
2023 North Carolina General Statutes › Chapter 162A - Water and Sewer Systems › Article 8 - System Development Fees. › § 162A-215 - Narrow construction.

§ 162A-215. Narrow construction.
Notwithstanding G.S. 153A-4 and G.S. 160A-4, in any judicial action interpreting this Article, all powers conferred by this Article shall be narrowly construed to ensure that system development fees do not unduly burden new development. (2017-138, s. 1.)
2023 North Carolina General Statutes › Chapter 162A - Water and Sewer Systems › Article 10 - Dissolution and Merger of Units. › § 162A-850 - "Unit" defined.

§ 162A-850. "Unit" defined.
For purposes of this Article, the term "unit" means any of the following entities created pursuant to this Chapter:
(1) A water and sewer authority created pursuant to Article 1.
(2) A metropolitan water district created pursuant to Article 4.
(3) A metropolitan sewerage district created pursuant to Article 5.
(4) A metropolitan water and sewerage district created pursuant to Article 5A.
(5) A county water and sewer district created pursuant to Article 6. (2020-79, s. 2.)
2023 North Carolina General Statutes › Chapter 162A - Water and Sewer Systems › Article 10 - Dissolution and Merger of Units. › § 162A-855 - Information needed to merge or dissolve.

§ 162A-855. Information needed to merge or dissolve.
(a) Prior to any action by the Environmental Management Commission under this Article, for any unit to merge or dissolve, all of the following information must be supplied to the Environmental Management Commission:
(1) The name of the unit or units to be merged or dissolved.
(2) The names of the district board members of the unit or units to be merged or dissolved.
(3) The proposed date of the merger or dissolution.
(4) A map or description of the jurisdiction of the unit or units to be merged or dissolved.
(5) The name of the entity with whom the unit or units will be merged, if applicable.
(6) The names of the governing board members or district board members of the entity with which the unit is proposed to be merged, if applicable.
(7) A map or description of the jurisdiction of the entity with which the unit is proposed to be merged.
(8) Resolutions adopted by each district board or governing board requesting the merger or dissolution.
(9) A request from each chair of a district board requesting a merger or dissolution that a representative of the Environmental Management Commission hold a public hearing in that district to discuss the proposed merger or dissolution and to receive public comment. The date, time, and place of the public hearing shall be mutually agreed to by the chair of the Environmental Management Commission and the chair of each requesting district board.
(10) A copy of the most recent audit performed in accordance with G.S. 159-34 for the unit to be merged or dissolved.
(11) A copy of any permits issued by the Department of Environmental Quality to the unit or units to be merged or dissolved.
(12) A copy of any grant awarded under Article 2 of this Chapter involving the unit or units to be merged or dissolved and any conditions thereof, if applicable.
(13) Any other information deemed necessary by the Department of Environmental Quality, the Local Government Commission, or the Environmental Management Commission.
(b) Upon receipt of a request to dissolve or merge, the Environmental Management Commission shall provide a copy of all information submitted in accordance with this section to the Department of Environmental Quality and the Local Government Commission.
(c) Upon confirmation of the time and place of the public hearing, each district board of an affected unit and any other governing board affected shall do all of the following:
(1) Cause notice of the public hearing to be posted, at least 30 days prior to the hearing, at the courthouse in any county within which the affected unit lies.
(2) Publish the notice at least once a week for four successive weeks in a newspaper having general circulation in the affected unit, the first publication to be at least 30 days prior to the public hearing.
(3) Publish notice in any other manner required by the Environmental Management Commission. (2020-79, s. 2.)
2023 North Carolina General Statutes › Chapter 162A - Water and Sewer Systems › Article 10 - Dissolution and Merger of Units. › § 162A-860 - Merger of units.

§ 162A-860. Merger of units.
(a) Any unit may merge with any other unit, any county, any city, any consolidated city-county, any sanitary district created pursuant to Part 2 of Article 2 of Chapter 130A of the General Statutes, any joint agency created pursuant to Part 1 or Part 5 of Article 20 of Chapter 160A of the General Statutes, or any joint agency that was created by agreement between two cities and towns to operate an airport pursuant to G.S. 63-56 and that provided drinking water and wastewater services off the airport premises before January 1, 1995, if the merger is a condition of receiving a grant from the Viable Utility Reserve as provided in Article 2 of Chapter 159G of the General Statutes. The Environmental Management Commission shall adopt a resolution transferring the assets, liabilities, and other obligations to the entity with which the unit is being merged and dissolving the unit as provided for in this Article.
(b) Any unit may merge with any other unit, any county, any city, any consolidated city-county, any sanitary district created pursuant to Part 2 of Article 2 of Chapter 130A of the General Statutes, any joint agency created pursuant to Part 1 or Part 5 of Article 20 of Chapter 160A of the General Statutes, or any joint agency that was created by agreement between two cities and towns to operate an airport pursuant to G.S. 63-56 and that provided drinking water and wastewater services off the airport premises before January 1, 1995, on approval by the Environmental Management Commission, upon consultation with the Department of Environmental Quality and the Local Government Commission. The Environmental Management Commission may adopt a resolution transferring the assets, liabilities, and other obligations to the entity with which the unit is being merged and dissolving the unit as provided for in this Article, if the Environmental Management Commission deems the merger in the best interest of the people of the State.
(c) The Environmental Management Commission shall adopt a resolution dissolving a unit and transferring the assets, liabilities, and other obligations of the unit to another unit when the procedures set forth in G.S. 162A-855 have been completed and all of the following apply:
(1) Both units are created pursuant to Article 5 of this Chapter.
(2) Both units are located in the same county.
(3) The jurisdiction of the units is contiguous.
(4) The unit to be merged and dissolved does not directly provide sewerage services to any customers.
(5) The unit to be merged and dissolved leases its assets to the unit with which it is proposed to be merged.
(6) The unit to be merged and dissolved has no outstanding debts. (2020-79, s. 2.)
2023 North Carolina General Statutes › Chapter 162A - Water and Sewer Systems › Article 10 - Dissolution and Merger of Units. › § 162A-865 - Dissolution of units.

§ 162A-865. Dissolution of units.
(a) Any unit may be dissolved if the dissolution is a condition of a grant from the Viable Utility Reserve as provided in Article 2 of Chapter 159G of the General Statutes. The Environmental Management Commission shall adopt a resolution transferring the assets, liabilities, and other obligations as provided for in the grant conditions imposed under Article 2 of Chapter 159G of the General Statutes.
(b) Any unit may be dissolved in order to merge that unit with any other unit, any county, any city, any consolidated city-county, any sanitary district created pursuant to Part 2 of Article 2 of Chapter 130A of the General Statutes, any joint agency created pursuant to Part 1 or Part 5 of Article 20 of Chapter 160A of the General Statutes, or any joint agency that was created by agreement between two cities and towns to operate an airport pursuant to G.S. 63-56 and that provided drinking water and wastewater services off the airport premises before January 1, 1995, and establish a new entity created under the General Statutes, on approval by the Environmental Management Commission, upon consultation with the Department of Environmental Quality and the Local Government Commission. The Environmental Management Commission may adopt a resolution transferring the assets, liabilities, and other obligations to the new entity and dissolving the unit as provided for in this Article, if the Environmental Management Commission deems the merger in the best interest of the people of the State. (2020-79, s. 2.)
2023 North Carolina General Statutes › Chapter 162A - Water and Sewer Systems › Article 10 - Dissolution and Merger of Units. › § 162A-870 - Effective date of merger or dissolution.

§ 162A-870. Effective date of merger or dissolution.
Upon the adoption of a resolution of merger or dissolution by the Environmental Management Commission as provided in this Article, the effective date for merger and dissolution shall be fixed as of June 30 following the adoption of the resolution or the second June 30 following the adoption of the resolution. (2020-79, s. 2.)
2023 North Carolina General Statutes › Chapter 162A - Water and Sewer Systems › Article 10 - Dissolution and Merger of Units. › § 162A-875 - Effect of merger or dissolution.

§ 162A-875. Effect of merger or dissolution.
(a) Upon adoption of the resolution of merger or dissolution by the Environmental Management Commission, all of the following shall apply on the effective date set forth in the resolution:
(1) All property, real, personal, and mixed, including accounts receivable, belonging to the dissolving unit shall be transferred, disposed of, or otherwise accounted for as provided in the resolution of merger or dissolution.
(2) All judgments, liens, rights of liens, and causes of action of any nature in favor of the dissolving unit shall vest in and remain and inure to the benefit of the merged district.
(3) All taxes, assessments, sewer charges, and any other debts, charges, or fees owing to the dissolving unit shall be owed to and collected as provided in the resolution of merger or dissolution.
(4) All actions, suits, and proceedings pending against, or having been instituted by, the dissolving unit shall not be abated by merger, but all such actions, suits, and proceedings shall be continued and completed in the same manner as if merger had not occurred, and the merged entity shall be a party to all such actions, suits, and proceedings in the place and stead of the dissolving unit and shall pay or cause to be paid any judgments rendered against the dissolving unit in any such actions, suits, or proceedings. No new process is required to be served in any such action, suit, or proceeding.
(5) All obligations of the dissolving unit, including outstanding indebtedness, shall be assumed as provided in the resolution of merger or dissolution, and all such obligations and outstanding indebtedness shall constitute obligations and indebtedness as provided in the resolution of merger or dissolution.
(6) All ordinances, rules, regulations, and policies of the dissolving unit shall continue in full force and effect until repealed or amended by the governing body of the merged entity.
(7) The dissolving unit shall be abolished and shall no longer be constituted a public body or a body politic and corporate, except for purposes of carrying into effect the provisions and intent of this section.
(8) Governance of the district shall be as specified in the resolution of merger or dissolution, which may be amended by the Environmental Management Commission, as needed.
(b) All governing boards and district boards are authorized to take the actions and execute the documents necessary to effectuate the provisions and intent of this section. (2020-79, s. 2.)
2023 North Carolina General Statutes › Chapter 162B - Continuity of Local Government in Emergency › Article 1 - In General. › § 162B-1 - Designated emergency location of government.

§ 162B-1. Designated emergency location of government.
The governing body of each political subdivision of this State is hereby authorized to designate by ordinance, resolution or other manner, alternate sites or places, within or without the territorial limits of such political subdivision and within or without this State, as the emergency location of government. (1959, c. 349.)
2023 North Carolina General Statutes › Chapter 162B - Continuity of Local Government in Emergency › Article 1 - In General. › § 162B-2 - Emergency meetings.

§ 162B-2. Emergency meetings.
Whenever the Governor and Council of State acting together declare an emergency to exist by reason of actual or impending hostile attack upon the State of North Carolina and, due to the emergency so declared, it becomes imprudent or impossible to conduct the affairs of local government at the regular or usual place or places thereof, the governing body of each political subdivision of this State is hereby authorized to meet from time to time upon call of the presiding officer or a majority of the members thereof at the designated emergency location of government during the period of the emergency and until the emergency is declared terminated by the Governor and Council of State. (1959, c. 349.)
2023 North Carolina General Statutes › Chapter 162B - Continuity of Local Government in Emergency › Article 1 - In General. › § 162B-3 - Emergency public business; nature and conduct.

§ 162B-3. Emergency public business; nature and conduct.
Whenever the public business of any political subdivision is being conducted at a designated emergency location outside the territorial limits thereof, the members of the governing body may exercise such executive and legislative powers and functions as are pertinent to continued operation of the local government upon return to within the respective political subdivision. Any action taken by any local governing body at a designated emergency location shall apply and be effective only within the territorial limits of the political subdivision which such governing body represents. During the period of time in which the public business is being conducted at a designated emergency location, the governing body may, when emergency conditions make impossible compliance with legally prescribed procedural requirements relating to the conduct of meetings and transaction of business, waive such compliance by adoption of an ordinance or resolution reciting the facts and conditions showing the impossibility of compliance. (1959, c. 349.)
2023 North Carolina General Statutes › Chapter 162B - Continuity of Local Government in Emergency › Article 1 - In General. › § 162B-4 - Provisions of Article control over local law.

§ 162B-4. Provisions of Article control over local law.
The provisions of this Article shall be effective in the event it shall be employed notwithstanding any statutory, charter or ordinance provision to the contrary or in conflict herewith. (1959, c. 349.)
2023 North Carolina General Statutes › Chapter 162B - Continuity of Local Government in Emergency › Article 2 - Emergency Interim Succession to Local Offices. › § 162B-5 - Short title.

§ 162B-5. Short title.
This Article shall be known and may be cited as the North Carolina "Emergency Interim Local Government Executive Succession Act of 1959." (1959, c. 314, s. 1.)
2023 North Carolina General Statutes › Chapter 162B - Continuity of Local Government in Emergency › Article 2 - Emergency Interim Succession to Local Offices. › § 162B-6 - Policy and purpose.

§ 162B-6. Policy and purpose.
Because of the existing possibility of attack upon the State of North Carolina of unprecedented size and destructiveness, and in order, in the event of such an attack, to assure continuity of local government through legally constituted leadership, authority and responsibility in offices of political subdivisions of the State of North Carolina; to provide for the effective operation of local governments during an emergency; and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for emergency interim succession to governmental offices of political subdivisions in the event the incumbents thereof and their deputies, assistants or other subordinate officers authorized, pursuant to law, to exercise all of the powers and discharge the duties of such offices (hereinafter referred to as deputies) are unavailable to perform the duties and functions of such offices. (1959, c. 314, s. 2.)
2023 North Carolina General Statutes › Chapter 162B - Continuity of Local Government in Emergency › Article 2 - Emergency Interim Succession to Local Offices. › § 162B-7 - Definitions.

§ 162B-7. Definitions.
Unless otherwise clearly required by the context, as used in this Article:
(1) "Attack" means any attack or series of attacks by an enemy of the United States upon the State of North Carolina causing, or which may cause, substantial damage or injury to civilian property or persons in the State in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological or biological means or other weapons or processes.
(2) "Emergency interim successor" means a person designated pursuant to this Article, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the statutes, charters and ordinances or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office.
(3) "Office" includes all local offices, the powers and duties of which are defined by statutes, charters and ordinances.
(4) "Political subdivision" includes counties, cities, towns, townships, districts, authorities and other municipal corporations and entities whether organized and existing under charter or general law.
(5) "Unavailable" means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office. (1959, c. 314, s. 3.)
2023 North Carolina General Statutes › Chapter 162B - Continuity of Local Government in Emergency › Article 2 - Emergency Interim Succession to Local Offices. › § 162B-8 - Enabling authority for emergency interim successors for local offices.

§ 162B-8. Enabling authority for emergency interim successors for local offices.
With respect to local offices for which the governing bodies of cities, towns, townships, and counties may enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, such governing bodies are hereby authorized to enact resolutions or ordinances providing for emergency interim successors to offices of the aforementioned governmental units. Such resolutions and ordinances shall not be inconsistent with the provisions of this Article. (1959, c. 314, s. 4.)
2023 North Carolina General Statutes › Chapter 162B - Continuity of Local Government in Emergency › Article 2 - Emergency Interim Succession to Local Offices. › § 162B-9 - Emergency interim successors for local officers.

§ 162B-9. Emergency interim successors for local officers.
The provisions of this section shall be applicable to officers of political subdivisions (including, but not limited to counties, cities, towns and townships as well as school, fire, drainage and other municipal corporate districts) not included in G.S. 162B-8. Such governing bodies, pursuant to such regulations as they may adopt, shall upon approval of this Article, designate by title (if feasible) or by named person, emergency interim successors and specify their order of succession. The local governing body shall review and revise, as necessary, designations made pursuant to this Article to insure their current status. The governing body will designate a sufficient number of persons so that there will be not less than three, nor more than seven, deputies or emergency interim successors or combination thereof at any time. In the event that any officer of any political subdivision (or his deputy provided for pursuant to law) is unavailable, the powers of the office shall be exercised and duties shall be discharged by his designated emergency interim successors in the order specified. The emergency interim successor shall exercise the powers and discharge the duties of the office to which designated until such time as a vacancy which may exist shall be filled in accordance with the Constitution or statutes; or until the officer (or his deputy or a preceding emergency interim successor) again becomes available to exercise the powers and discharge the duties of his office. (1959, c. 314, s. 5.)
2023 North Carolina General Statutes › Chapter 162B - Continuity of Local Government in Emergency › Article 2 - Emergency Interim Succession to Local Offices. › § 162B-10 - Formalities of taking office.

§ 162B-10. Formalities of taking office.
At the time of their assumption of office, emergency interim successors shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Notwithstanding any other provision of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he succeeds, shall be required to comply with any other provision of law relative to taking office. (1959, c. 314, s. 6.)
2023 North Carolina General Statutes › Chapter 162B - Continuity of Local Government in Emergency › Article 2 - Emergency Interim Succession to Local Offices. › § 162B-11 - Period in which authority may be exercised.

§ 162B-11. Period in which authority may be exercised.
Emergency interim successors, authorized to act pursuant to this Article, are empowered to exercise the powers and discharge the duties of an office as herein authorized only after an attack upon the State of North Carolina, as defined herein, has occurred. The local governing body, by a duly adopted resolution, may at any time terminate the authority of said emergency interim successors to exercise the powers and discharge the duties of office as herein provided. (1959, c. 314, s. 7.)
2023 North Carolina General Statutes › Chapter 162B - Continuity of Local Government in Emergency › Article 2 - Emergency Interim Succession to Local Offices. › § 162B-12 - Removal of designees.

§ 162B-12. Removal of designees.
Until such time as the persons designated as emergency interim successors are authorized to exercise the powers and discharge the duties of an office in accordance with this Article, including G.S. 162B-11 hereof, said persons shall serve in their designated capacities at the pleasure of the designating authority and may be removed or replaced by said designating authority at any time, with or without cause. (1959, c. 314, s. 8.)
2023 North Carolina General Statutes › Chapter 162B - Continuity of Local Government in Emergency › Article 2 - Emergency Interim Succession to Local Offices. › § 162B-13 - Disputes.

§ 162B-13. Disputes.
Any dispute concerning a question of fact arising under this Article with respect to an office in any political subdivision shall be adjudicated by the local governing body and their decision shall be final. (1959, c. 314, s. 9.)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 1 - Time of Primaries and Elections. › § 163-3 - Special elections.

§ 163-3. Special elections.
Special elections shall be called as permitted by law and conducted in accordance with G.S. 163-287. (2013-381, s. 10.2; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 2 - Time of Elections to Fill Vacancies. › § 163-8 - Filling vacancies in State executive offices.

§ 163-8. Filling vacancies in State executive offices.
If the office of Governor or Lieutenant Governor shall become vacant, the provisions of G.S. 147-11.1 shall apply. If the office of any of the following officers shall be vacated by death, resignation, or otherwise than by expiration of term, it shall be the duty of the Governor to appoint another to serve until his successor is elected and qualified: Secretary of State, Auditor, Treasurer, Superintendent of Public Instruction, Attorney General, Commissioner of Agriculture, Commissioner of Labor, and Commissioner of Insurance. Each such vacancy shall be filled by election at the first election for members of the General Assembly that occurs more than 60 days after the vacancy has taken place, and the person chosen shall hold the office for the remainder of the unexpired four-year term: Provided, that when a vacancy occurs in any of the offices named in this section and the term expires on the first day of January succeeding the next election for members of the General Assembly, the Governor shall appoint to fill the vacancy for the unexpired term of the office.
Upon the occurrence of a vacancy in the office of any one of these officers for any of the causes stated in the preceding paragraph, the Governor may appoint an acting officer to perform the duties of that office until a person is appointed or elected pursuant to this section and Article III, Section 7 of the State Constitution, to fill the vacancy and is qualified. (1901, c. 89, ss. 4, 73; Rev., s. 4299; C.S., s. 5920; 1967, c. 775, s. 1; 1983, c. 324, s. 1; 1985 (Reg. Sess., 1986), c. 920, s. 5; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 2 - Time of Elections to Fill Vacancies. › § 163-9 - Filling vacancies in State and district judicial offices.

§ 163-9. Filling vacancies in State and district judicial offices.
(a) Vacancies occurring in the offices of Justice of the Supreme Court, judge of the Court of Appeals, and judge of the superior court for causes other than expiration of term shall be filled by appointment of the Governor. An appointee to the office of Justice of the Supreme Court or judge of the Court of Appeals shall hold office until January 1 next following the election for members of the General Assembly that is held more than 60 days after the vacancy occurs, at which time an election shall be held for an eight-year term and until a successor is elected and qualified.
(b) Except for judges specified in the next paragraph of this subsection, an appointee to the office of judge of superior court shall hold his place until the next election for members of the General Assembly that is held more than 60 days after the vacancy occurs, at which time an election shall be held to fill the unexpired term of the office.
Appointees for judges of the superior court from any district:
(1) With only one resident judge; or
(2) In which no county is subject to section 5 of the Voting Rights Act of 1965,
shall hold the office until the next election of members of the General Assembly that is held more than 60 days after the vacancy occurs, at which time an election shall be held to fill an eight-year term.
(c) When the unexpired term of the office in which the vacancy has occurred expires on the first day of January succeeding the next election for members of the General Assembly, the Governor shall appoint to fill that vacancy for the unexpired term of the office.
(d) Vacancies in the office of district judge which occur before the expiration of a term shall be filled in accordance with G.S. 7A-142. (1901, c. 89, ss. 4, 73; Rev. s. 4299; C.S., s. 5920; 1967, c. 775, s. 1; 1969, c. 44, s. 81; 1979, c. 494; 1981, c. 763, s. 3; 1985 (Reg. Sess., 1986), c. 920, s. 6; 1995, c. 98, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 21; 2017-6, s. 3; 2018-146, s. 3.1(a), (b); 2022-72, s. 5.2(a); 2022-73, s. 7(b); 2023-46, s. 20(a).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 2 - Time of Elections to Fill Vacancies. › § 163-10 - Filling vacancy in office of district attorney.

§ 163-10. Filling vacancy in office of district attorney.
Any vacancy occurring in the office of district attorney for causes other than expiration of term shall be filled by appointment of the Governor. An appointee shall hold his place until the next election for members of the General Assembly that is held more than 60 days after the vacancy occurs, at which time an election shall be held to fill the unexpired term of the office: Provided, that when the unexpired term of the office in which the vacancy has occurred expires on the first day of January succeeding the next election for members of the General Assembly, the Governor shall appoint to fill that vacancy for the unexpired term of the office. (1901, c. 89, ss. 4, 73; Rev., s. 4299; C.S., s. 5920; 1967, c. 775, s. 1; 1973, c. 47, s. 2; 1977, c. 265, s. 2; 1985 (Reg. Sess., 1986), c. 920, s. 7; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 2 - Time of Elections to Fill Vacancies. › § 163-12 - Filling vacancy in United States Senate.

§ 163-12. Filling vacancy in United States Senate.
Whenever there shall be a vacancy in the office of United States Senator from this State, whether caused by death, resignation, or otherwise than by expiration of term, the Governor shall appoint to fill the vacancy until an election shall be held to fill the office. If the Senator was elected as the nominee of a political party, the Governor shall appoint from a list of three persons recommended by the State executive committee of the political party with which the vacating member was affiliated when elected if that party executive committee makes recommendations within 30 days of the occurrence of the vacancy. The Governor shall issue a writ for the election of a Senator to be held at the time of the first election for members of the General Assembly that is held more than 60 days after the vacancy occurs. The person elected shall hold the office for the remainder of the unexpired term. The election shall take effect from the date of the canvassing of the returns. (1913, c. 114, ss. 1, 2; C.S., ss. 6002, 6003; 1929, c. 12, s. 2; 1955, c. 871, s. 6; 1967, c. 775, s. 1; 1985, c. 759, s. 2; 2013-381, s. 8.1; 2017-6, s. 3; 2018-102, s. 1; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 2 - Time of Elections to Fill Vacancies. › § 163-13 - Filling vacancy in United States House of Representatives.

§ 163-13. Filling vacancy in United States House of Representatives.
(a) Special Election. – If at any time after expiration of any Congress and before another election, or if at any time after an election, there shall be a vacancy in this State's representation in the House of Representatives of the United States Congress, the Governor shall issue a writ of election, and by proclamation fix the date on which an election to fill the vacancy shall be held in the appropriate congressional district.
(b) Nominating Procedures. – If a congressional vacancy occurs beginning on the tenth day before the filing period ends under G.S. 163-106(c) preceding the next succeeding general election, candidates for the special election to fill the vacancy shall not be nominated in primaries. Instead, nominations may be made by the political party congressional district executive committees in the district in which the vacancy occurs. The chairman and secretary of each political party congressional district executive committee nominating a candidate shall immediately certify his name and party affiliation to the State Board so that it may be printed on the special election ballots.
If the congressional vacancy occurs before the tenth day before the filing period ends under G.S. 163-106(c) prior to the next succeeding general election, the Governor shall call a special primary for the purpose of nominating candidates to be voted on in a special election called by the Governor in accordance with the provisions of subsection (a) of this section. Such a primary election shall be conducted in accordance with the general laws governing primaries, except that the opening and closing dates for filing notices of candidacy with the State Board shall be fixed by the Governor in his call for the special primary. The Governor may also fix the absentee voting period for the special election and for the special first primary, but such period shall not be less than 30 days. (1901, c. 89, s. 60; Rev., s. 4369; C.S., s. 6007; 1947, c. 505, s. 5; 1967, c. 775, s. 1; 1985, c. 759, ss. 3-5; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 3 - State Board of Elections. › § 163-20 - Meetings of Board; quorum; minutes.

§ 163-20. Meetings of Board; quorum; minutes.
(a) Call of meeting. – The State Board of Elections shall meet at the call of the chairman whenever necessary to discharge the duties and functions imposed upon it by this Chapter. The chairman shall call a meeting of the Board upon the written application or applications of any two members thereof. If there is no chairman, or if the chairman does not call a meeting within three days after receiving a written request or requests from two members, any three members of the Board shall have power to call a meeting of the Board, and any duties imposed or powers conferred on the Board by this Chapter may be performed or exercised at that meeting, although the time for performing or exercising the same prescribed by this Chapter may have expired.
(b) Place of Meeting. – Except as provided in subsection (c), below, the State Board of Elections shall meet in its offices in the City of Raleigh, or at another place in Raleigh to be designated by the chairman. However, subject to the limitation imposed by subsection (c), below, upon the prior written request of any four members, the State Board of Elections shall meet at any other place in the State designated by the four members.
(c) Meetings to Investigate Alleged Violations of This Chapter. – When called upon to investigate or hear sworn alleged violations of this Chapter, the State Board of Elections shall meet and hear the matter in the county in which the violations are alleged to have occurred.
(d) Quorum. – A majority of the members constitutes a quorum for the transaction of business by the State Board of Elections. If any member of the Board fails to attend a meeting, and by reason thereof there is no quorum, the members present shall adjourn from day to day for not more than three days, by the end of which time, if there is no quorum, the Governor may summarily remove any member failing to attend and appoint his successor.
(e) Minutes. – The State Board of Elections shall keep minutes recording all proceedings and findings at each of its meetings. The minutes shall be recorded in a book which shall be kept in the office of the State Board in Raleigh. (1901, c. 89, s. 7; Rev., ss. 2760, 4301, 4302; C.S., ss. 5922, 5923; 1933, c. 165, s. 1; 1945, c. 982; 1967, c. 775, s. 1; 1973, c. 793, s. 3; c. 1223, s. 1; 2016-125, 4th Ex. Sess., s. 5(b); 2017-6, ss. 2, 3, 7(b); 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 3 - State Board of Elections. › § 163-21 - Compensation of Board members.

§ 163-21. Compensation of Board members.
Members of the State Board shall receive per diem, subsistence, and travel, as provided in G.S. 138-5 and G.S. 138-6. (1901, c. 89, s. 7; Rev., ss. 2760, 4301; C.S., s. 5922; 1933, c. 165, s. 1; 1967, c. 775, s. 1; 2017-6, ss. 4(c), 7(c); 2018-2, s. 8(b); 2018-13, s. 5; 2018-146, ss. 3.1(a)-(c), 3.2(b).)