County attorney outlines statutory process for filling Swain County chair vacancy; board opens three-week application window

County counsel briefed the Swain County Board of Commissioners Sept. 2 on the statutory process to fill the vacancy left by the resignation of the board chairman. Counsel said the vacancy date was Aug. 31, 2025, and that under the cited statute the board must fill the position within 60 days; otherwise the clerk of court becomes responsible for making the appointment.

"The candidate and the person selected must be a member of the Republican Party and must be a resident of Swain County," county counsel said, describing the two eligibility criteria the statute imposes for this specific vacancy. Counsel told the board she had consulted publications from the UNC School of Government and spoken with attorney Bob Joyce on best practices for the appointment process and presented two commonly used selection methods: an open motion-and-vote in public session or a nomination-ballot method using signed ballots that are later read into the record.

Counsel recommended an application process so commissioners could verify party registration and residency for applicants. Commissioners agreed to open a three-week window for letters of interest to be submitted to the clerk; the board voted to accept that timeline and said commissioners would discuss the exact selection method at their next regular meeting. Counsel also noted the board is required to consult with the local Republican executive committee but is not bound by that committee's recommendation.

The board recorded a motion to proceed with three weeks to accept letters of interest and said staff would circulate application instructions. If the board fails to act within the 60-day statutory window, counsel told commissioners the clerk of court has 10 days after notice to make an appointment under the statute.