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NORTH CAROLINA STATUTES AND CODES

§ 128-1.1. Dual-office holding allowed.

§ 128‑1.1.  Dual‑officeholding allowed.

(a)        Any person whoholds an appointive office, place of trust or profit in State or localgovernment is hereby authorized by the General Assembly, pursuant to ArticleVI, Sec. 9 of the North Carolina Constitution, to hold concurrently one otherappointive office, place of trust or profit, or an elective office in eitherState or local government.

(b)        Any person whoholds an elective office in State or local government is hereby authorized bythe General Assembly, pursuant to Article VI, Sec. 9 of the North CarolinaConstitution to hold concurrently one other appointive office, place of trustor profit, in either State or local government.

(c)        Any person whoholds an office or position in the federal postal system or is commissioned asa special officer or deputy special officer of the United States Bureau ofIndian Affairs is hereby authorized to hold concurrently therewith one positionin State or local government.

(c1)      Where authorized byfederal law, any State or local law enforcement agency may authorize its lawenforcement officers to also perform the functions of an officer under 8 U.S.C.§ 1357(g) if the agency has a Memorandum of Agreement or Memorandum ofUnderstanding for that purpose with a federal agency. State and local lawenforcement officers authorized under this provision are authorized to hold anyoffice or position with the applicable federal agency required to perform thedescribed functions.

(d)        The term"elective office," as used herein, shall mean any office filled byelection by the people when the election is conducted by a county or municipalboard of elections under the supervision of the State Board of Elections. (1971, c. 697, s. 2; 1975, c.174; 1987, c. 427, s. 10; 2006‑259, s. 24(a).)

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