Elections; Residence; Elected Town Commissioner Removing Residence from Town While Serving

Subject:

Elections; Residence; Elected Town Commissioner Removing Residence from Town While Serving

Requested by:

Mr. John C. Wessell, III Town Attorney Surf City (Pender County)

Question:

May an elected member of a town council who ceases to reside in the town continue to serve on that town council?

Conclusion:

No

N.C. Gen. Stat. § 163-59 is dispositive of the issue. The pertinent portion of that section reads as follows:

"When any elected city officer ceases to meet all of the qualifications for holding office pursuant to the Constitution, or when a council member ceases to reside in an electorial district that he was elected to represent, the office is ipso facto vacant."

Thus, upon arriving at a determination that an elected town official has removed his residence to another electoral jurisdication, a town council, pursuant to the provisions of N.C. Gen. Stat. § 160A-63, may fill the vacancy created by the official’s departure.

LACY H. THORNBURG Attorney General

James Wallace, Jr. Assistant Attorney General