North Carolina Department of Justice
North Carolina Department of Justice
North Carolina Department of Justice
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January 13, 1978 Elections; Bond Referendum in Sanitary District, Registration and Conduct of Election under Jurisdiction of County Board of Elections.

Subject:

 

Requested By: James L. Dellinger, Jr. Attorney for King Sanitary District

 

Questions: (1)

Where a Sanitary District lies in one county, is the governing body of the district or the county board of elections responsible for the registration of voters and the conduct of a bond election in such district?
(2)
What period of time must the registration records remain open and when does the registration close?

Conclusion: (1)

The County Board of Elections conducts the elections for sanitary districts and has charge of the registration of voters. G.S. 163-284; G.S. 163-284.1; G.S. 163-286; G.S. 163-288.
(2)
The registration records of the county are official registration records for elections in a sanitary district. The registration for the election closes 21 days, excluding Saturdays and Sundays, immediately preceding the election, but are open at all other times for registration.

Section 3 of Chapter 835, Session Laws of 1971, provided that its intent was to make uniform the laws governing the registration of voters and the conduct of elections in cities, towns and special districts in the State, and to this end all laws and clauses of laws, whether general, private, special or local, were repealed to the extent they are in conflict with or superceded by the Act.

G.S.
163-284 requires that the registration of voters and the conduct of all elections in special districts shall be under the authority of the county board of elections.
G.S.
163-284.1 provides that all elections in and for a sanitary district, fire district or other special district shall be conducted by the county board of elections.
G.S.
163-287 provides for the calling of special elections in any special district.
G.S.
163-288 provides that the registration records of the county board of elections shall be the official registration records for voters in all elections in a district. See also G.S. 163-286; G.S. 163-295.
G.S.
163-67 requires the registration records to be continuously open, but registration for a particular election closes 21 days, excluding Saturdays and Sundays, immediately preceding the

election.

Thus any person residing in the sanitary district who is already registered on the registration records of the county, and those qualified voters residing in the district who register prior to the election are eligible to vote in the bond election.

In view of the foregoing statutes, the county board of elections is responsible for the registration of voters and the conduct of the sanitary district elections.

G.S. 159-61 pertains to bond referenda and provides that such referanda shall be conducted by the board of elections conducting elections for the district.

Rufus L. Edmisten Attorney General

James F. Bullock Senior Deputy Attorney General