April 28, 1998
John Scott Poole, Chairman Hoke County Board of Elections
P.O. Box 266 Raeford, N.C. 28376
Re: Advisory Opinion; Residency Requirements for Sheriff; N.C. Gen. Stat. § 162-2
Dear Chairman Poole:
You requested an advisory opinion on whether the one-year residency requirement set forth in
N.C. Gen. Stat. § 162-2 runs from the date of establishing residency to the date of the primary or to the date of the general election. This statute provides in pertinent part: "No person shall be eligible for the office of sheriff who is not of the age of 21 years, or has not resided in the county in which he is chosen for one year immediately preceding his election."
North Carolina statutes distinguish between primaries and elections. The State Board of Elections is given authority "over the primaries and elections in the State." N.C. Gen. Stat. § 16322(a). A primary is a means for a political party to nominate candidates for the general election. The election takes place in November when the voters choose among the parties’ candidates. Thus, it is our opinion that a candidate for sheriff must be a resident of the county in which he seeks office for at least one year before the general election.
signed by:
Ann Reed Senior Deputy Attorney General Administrative Division
Susan K. Nichols
Special Deputy Attorney General
cc: Gary O. Bartlett,
Executive Secretary-Director State Board of Elections