§ 162-5.1. Vacancy filled in certain counties; duties performed by coroner or chief deputy. - North Carolina Statutes

§ 162‑5.1.  Vacancyfilled in certain counties; duties performed by coroner or chief deputy.

If any vacancy occurs in theoffice of sheriff, the coroner of the county shall execute all process directedto the sheriff until the board shall elect a sheriff to supply the vacancy forthe residue of the term, who shall possess the same qualifications, enter intothe same bond, and be subject to removal, as the sheriff regularly elected. Ifthe sheriff were elected as a nominee of a political party, the board of commissionersshall consult the county executive committee of that political party beforefilling the vacancy, and shall elect the person recommended by the countyexecutive committee of that party, if the party makes a recommendation within30 days of the occurrence of the vacancy. If the board should fail to fill suchvacancy, the coroner shall continue to discharge the duties of sheriff until itshall be filled.

In those counties where theoffice of coroner has been abolished, the chief deputy sheriff, or if there isno chief deputy, then the senior deputy in years of service, shall perform allthe duties of the sheriff until the county commissioners appoint some person tofill the unexpired term. In all counties the regular deputy sheriffs shall,during the interim of the vacancy, continue to perform their duties with fullauthority.

This section shall apply onlyin the following counties: Alamance, Alexander, Alleghany, Avery, Beaufort,Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Carteret, Cherokee, Clay,Cleveland, Davidson, Davie, Edgecombe, Forsyth, Gaston, Graham, Guilford,Haywood, Henderson, Hyde, Jackson, Lee, Lincoln, Madison, McDowell,Mecklenburg, Moore, New Hanover, Onslow, Pender, Polk, Randolph, Richmond,Rockingham, Rutherford, Sampson, Stanly, Stokes, Surry, Transylvania, Wake, andYancey.  (1981,c. 763, ss. 10, 14; c. 830; 1983, c. 670, s. 2; 1987, c. 196, s. 3; 1989, c.83; c. 497, s. 1; 1991, c. 15, s. 1; c. 558, s. 2; 2001‑257, s. 2; 2003‑39,s. 1; 2003‑90, s. 1; 2009‑32, s. 2.)