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Constitution of North Carolina

ARTICLE VI Suffrage and Eligibility to Office

Sec. 10. Continuation in office.

In the absence of any contrary provision, all officers in this State, whether appointed or elected, shall hold their positions until other appointments are made or, if the offices are elective, until their successors are chosen and qualified.

History Note. - The provisions of this section are similar to those of Art. XIV, § 5, Const. 1868.



CASE NOTES

Cited in Moore v. Knightdale Bd. of Elections, 331 N.C. 1, 413 S.E.2d 541 (1992).



Opinions of Attorney General



An incumbent sheriff should continue to act as sheriff during the pendency of an election protest after the expiration of his term until his successor has been qualified. See opinion of Attorney General to Mr. Garris Neil Yarborough, Hoke County Attorney, 1998 N.C.A.G. 53 (12/3/98).


Environmental Management Commission. - Members of the Environmental Management Commission continue to hold their positions until other appointments are made. See opinion of Attorney General to Mr. William Holman, Secretary, North Carolina Department of Environment and Natural Resources, 2000 N.C. AG LEXIS 5 (5/9/2000).


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