§ 163-8. Filling vacancies in State executive offices. - North Carolina Statutes

Article 2.

Time of Elections to Fill Vacancies.

§ 163‑8.  Filling vacancies in State executiveoffices.

If the office of Governor or Lieutenant Governor shall become vacant,the provisions of G.S. 147‑11.1 shall apply. If the office of any of thefollowing officers shall be vacated by death, resignation, or otherwise than byexpiration of term, it shall be the duty of the Governor to appoint another toserve until his successor is elected and qualified: Secretary of State,Auditor, Treasurer, Superintendent of Public Instruction, Attorney General,Commissioner of Agriculture, Commissioner of Labor, and Commissioner ofInsurance. Each such vacancy shall be filled by election at the first electionfor members of the General Assembly that occurs more than 60 days after thevacancy has taken place, and the person chosen shall hold the office for theremainder of the unexpired four‑year term: Provided, that when a vacancyoccurs in any of the offices named in this section and the term expires on thefirst day of January succeeding the next election for members of the GeneralAssembly, the Governor shall appoint to fill the vacancy for the unexpired termof the office.

Upon the occurrence of a vacancy in the office of any one of these officers for any of the causes stated in the preceding paragraph, the Governormay appoint an acting officer to perform the duties of that office until aperson is appointed or elected pursuant to this section and Article III,Section 7 of the State Constitution, to fill the vacancy and is qualified. (1901, c. 89, ss. 4, 73; Rev., s. 4299; C.S., s. 5920;1967, c. 775, s. 1; 1981, c. 504, s. 14; 1983, c. 324, s. 1; 1985 (Reg. Sess.,1986), c. 920, s. 5.)