NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 451

SENATE BILL 63

 

 

AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA AS AMENDED EFFECTIVE JULY 1, 1971, TO REQUIRE THE GENERAL ASSEMBLY TO PRESCRIBE MAXIMUM AGE LIMITS FOR SERVICE AS A JUSTICE OR JUDGE.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Article IV, Section 8 of the Constitution of North Carolina, as amended effective July 1, 1971, is rewritten to read as follows:

"Sec. 8.  Retirement of Justices and Judges. The General Assembly shall provide by general law for the retirement of Justices and Judges of the General Court of Justice, and may provide for the temporary recall of any retired Justice or Judge to serve on the court from which he was retired. The General Assembly shall also prescribe maximum age limits for service as a Justice or Judge."

Sec. 2.  The amendment set out in Section 1 of this act shall be submitted to the qualified voters of the State at the general election in November, 1972. That election shall be conducted under the laws then governing elections in this State. At that election, each qualified voter desiring to vote shall be provided a ballot on which shall be printed the following:

"[ ] FOR constitutional amendment to require the General Assembly to prescribe maximum age limits for service as a justice or judge.

[ ] AGAINST constitutional amendment to require the General Assembly to prescribe maximum age limits for service as a justice or judge."

Those qualified voters favoring the amendment set out in Section 1 of this act shall vote by marking an X or a check mark in the square beside the statement beginning "FOR", and those qualified voters opposed to that amendment shall vote by marking an X or check mark in the square beside the statement beginning "AGAINST".

Notwithstanding the foregoing provisions of this Section, voting machines may be used in accordance with rules and regulations prescribed by the State Board of Elections.

Sec. 3.  If a majority of the votes cast thereon are in favor of the amendment set out in Section 1 of this act, then the Governor shall certify the amendment to the Secretary of State, who shall enroll the amendment so certified among the permanent records of his office, and the amendment shall become effective on January 1, 1973.

Sec. 4.  All laws and clauses of laws in conflict with this act are repealed.

Sec. 5.  This act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 27th day of May, 1971.