Republican Party Debates McClure Vacancy on Davidson County Board of Commissioners

The death of longtime Davidson County Commissioner Fred McClure leaves more than an empty chair on the Davidson County Board of Commissioners. It also begins a process under North Carolina law for determining who will serve the remainder of his term. Details are forthcoming about the process of interviews or appointments according the Chris Jessup, Chairman of the Davidson County Republican Party.

McClure, a longtime public servant whose career included years on the Davidson County Board of Commissioners, was known for his involvement in county government and community causes. His death leaves the board responsible for selecting someone to fill the vacancy, subject to requirements established under state law.

North Carolina General Statute § 153A-27 governs vacancies on county boards of commissioners.

Under the law, when a vacancy occurs, the remaining commissioners are responsible for appointing a qualified person to the seat.

The law also establishes a timeline. If the remaining commissioners do not fill the vacancy within 60 days of the date it occurs, the clerk to the board must report the vacancy to the Davidson County Clerk of Superior Court. The clerk of Superior Court then has 10 days to fill the vacancy.

The board does not have complete discretion over who can replace McClure.

Under subsection (c) of the statute, if the commissioner being replaced was elected as the nominee of a political party, the person appointed to the vacancy must belong to the same political party.

The commissioners, or the clerk of Superior Court if the appointment reaches that stage, must also consult with the county executive committee of the appropriate political party before filling the vacancy.

How long McClure’s successor serves depends on where the vacancy falls within the election cycle and the length of the term.

Under § 153A-27(b), some appointees serve the remainder of the commissioner’s unexpired term. In other circumstances, the appointee serves only until the first Monday in December following the next qualifying general election for county commissioner, when voters elect someone to complete the term or begin a new term.

The timing of McClure’s vacancy in relation to the next county commissioner election will therefore determine whether his eventual replacement serves the remainder of his term by appointment or whether the seat must later appear on the ballot.

Now, the seat he occupied is vacant, and the responsibility for filling it initially rests with the commissioners who served alongside him.

The appointment will determine who gets a vote on county issue for the remainder of the applicable period, including decisions involving county spending, development, public services and other issues that come before the board.

But under North Carolina law, the seat cannot simply remain vacant indefinitely. Some have suggested pulling in the Republican primary’s person who received the next highest vote but that could present an issue due to Karen Watford being the next highest. She will hold her seat until December.

The remaining commissioners have 60 days from the vacancy to act. If they do not, the decision moves from the Board of Commissioners to the Davidson County Clerk of Superior Court.