N.C. Gen. Stat. » Chapter 128
NC General Statutes

N.C. Gen. Stat. § 128-7 (2026)

Officer to hold until successor qualified

✓ current as of July 2026
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All officers shall continue in their respective offices until their successors are elected or appointed, and duly qualified. (1848, c. 64, s. 2; R.C., c. 77, s. 3; Code, s. 1872; Rev., s. 2368; C.S., s. 3205.)

 

Notes of Decisions
Cited in 5 cases, 1950–2010 · leading case: Lathon v. Cumberland Cnty., 646 S.E.2d 565 (N.C. Ct. App. 2007).
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Lathon v. Cumberland Cnty., 646 S.E.2d 565 (N.C. Ct. App. 2007). · cites it 8× “This principle has also been codified by our General Assembly in N.C. Gen.Stat. § 128-7 (2005) ("All officers shall continue in their respective offices until their successors are elected or appointed, and duly qualified.”
People Ex Rel. Duncan v. Beach, 242 S.E.2d 796 (N.C. 1978). · cites it 4× “Plaintiff’s final argument for his entitlement to office is based on his reading of G.S. 128-7. This statute says, “All officers shall continue in their respective offices until their successors are elected or appointed, and duly qualified.”
Baxter v. Danny Nicholson, Inc., 690 S.E.2d 265 (N.C. 2010). · cites it 66× “We find that the General Assembly answered this question when it enacted N.C.G.S. § 128-7, which provides: "All officers shall continue in their respective offices until their successors are elected or appointed, and duly qualified.”
Baxter v. Danny Nicholson, Inc., 661 S.E.2d 892 (N.C. Ct. App. 2008). · cites it 4× “Under North Carolina General Statute section 128-7, “[a]ll officers shall continue in their respective offices until their successors are elected or appointed, and duly qualified.”
In Re Wingler, 58 S.E.2d 372 (N.C. 1950). · cites it 2× “urt under Chapter 1142 of the 1949 Session Laws, a cogent argument might be advanced to sustain the proposition that he has remained a judge de jure since 7 June, 1949, under G.S. 128-7, which stipulates that “all officers shall continue in their respective offices until their…”
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