§ 128-1.2 – Ex officio service by county and city representatives and officials.
128-1.2. Ex officio service by county and city representatives and officials. Except when the resolution of appointment provides otherwise, whenever the governing body of a county or city appoints one of its own members or officials to another board or commission, the individual so appointed is considered to be serving on the other board or […]
§ 128-2 – Holding office contrary to the Constitution; penalty.
128-2. Holding office contrary to the Constitution; penalty. If any person presumes to hold any office, or place of trust or profit, or is elected to a seat in either house of the General Assembly, contrary to Article VI, Sec. 9 of the North Carolina Constitution, he shall forfeit all rights and emoluments incident thereto. […]
§ 128-3 – Bargains for office void.
128-3. Bargains for office void. All bargains, bonds and assurances made or given for the purchase or sale of any office whatsoever, the sale of which is contrary to law, shall be void. (5 and 6 Edw. VI, c. 16, s. 3; R.C., c. 77, s. 2; Code, s. 1871; Rev., s. 2366; C.S., s. […]
§ 128-4 – Receiving compensation of subordinates for appointment or retention; removal.
128-4. Receiving compensation of subordinates for appointment or retention; removal. Any official or employee of this State or any political subdivision thereof, in whose office or under whose supervision are employed one or more subordinate officials or employees who shall, directly or indirectly, receive or demand, for himself or another, any part of the compensation […]
§ 128-5 – Oath required before acting; penalty.
128-5. Oath required before acting; penalty. Every officer and other person required to take an oath of office, or an oath for the faithful discharge of any duty imposed on him, and also the oath appointed for such as hold any office of trust or profit in the State, shall take all said oaths before […]
§ 128-6 – Persons admitted to office deemed to hold lawfully.
128-6. Persons admitted to office deemed to hold lawfully. Any person who shall, by the proper authority, be admitted and sworn into any office, shall be held, deemed, and taken, by force of such admission, to be rightfully in such office until, by judicial sentence, upon a proper proceeding, he shall be ousted therefrom, or […]
§ 128-7 – Officer to hold until successor qualified.
128-7. Officer to hold until successor qualified. All officers shall continue in their respective offices until their successors are elected or appointed, and duly qualified. (1848, c. 64, s. 2; R.C., c. 77, s. 3; Code, s. 1872; Rev., s. 2368; C.S., s. 3205.)
§ 128-7.1 – Failure to qualify creates vacancy.
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 […]
§ 128-7.2 – Qualifications for appointment to fill vacancy in elective office.
128-7.2. Qualifications for appointment to fill vacancy in elective office. No person is eligible for appointment to fill a vacancy in any elective office, whether State or local, unless that person would have been qualified to vote as an elector for that office if an election were to be held on the date of appointment. […]
§ 128-1.1 – Dual-office holding allowed.
128-1.1. Dual-office holding allowed. (a) Any person who holds an appointive office, place of trust or profit in State or local government is hereby authorized by the General Assembly, pursuant to Article VI, Sec. 9 of the North Carolina Constitution, to hold concurrently one other appointive office, place of trust or profit, or an elective […]