GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

H                                                                                                                                                   D

HOUSE DRH60210-LBx-153  (03/15)

Short Title:     Recall Elections.		(Public)
Sponsors:	Representative Blust.
Referred to:

A BILL TO BE ENTITLED

AN ACT to amend the constitution of north carolina to allow recall elections for any office established by the constitution.

The General Assembly of North Carolina enacts:

SECTION 1.  Article VI of the Constitution of North Carolina is amended by adding a new section to read:

"Sec. 11. Recall.

Recall is the removal of a person from office by the qualified voters. A person holding any elective office established by this Constitution is subject to recall from office by the qualified voters as provided by this section.

Before any recall election is held, qualified voters of the area which elected the officer, equal in number to at least twenty‑five percent of the registered voters, must sign a petition calling for the recall from office of the officer.

The General Assembly shall provide by law for the manner of circulation and verification of the petitions and of holding the recall election.

No petition to recall an officer may be filed within six months before the expiration of the officer's term. No more than one election may be held to recall an officer within a single term of office of that officer."

SECTION 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 2006, which election shall be conducted under the laws then governing elections in the State.  Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes.  The question to be used in the voting systems and ballots shall be:

"[]  FOR          []  AGAINST

Constitutional amendment allowing the voters to recall from office any person holding an office established by the Constitution of North Carolina."

SECTION 3.  If a majority of the votes cast on the question are in favor of the amendment set out in Section 1 of this act, the State Board of Elections shall certify the amendment to the Secretary of State. The amendment becomes effective upon this certification. The Secretary of State shall enroll the amendment so certified among the permanent records of that office.

SECTION 4.  This act is effective when it becomes law.