GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
S D
SENATE DRS35027-LBx-86 (02/04)
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Short Title: Four-Year Terms. |
(Public) |
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Sponsors: |
Senator Weinstein. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to amend the Constitution of north carolina to provide foUR‑year terms for members of the general assembly.
The General Assembly of North Carolina enacts:
SECTION 1. Section 2 of Article II of the Constitution of North Carolina reads as rewritten:
"Sec. 2. Number of Senators.
The Senate shall be composed of 50 Senators, biennially quadrennially
chosen by ballot."
SECTION 2. Section 4 of Article II of the Constitution of North Carolina reads as rewritten:
"Sec. 4. Number of Representatives.
The House of Representatives shall be composed of 120
Representatives, biennially quadrennially chosen by ballot."
SECTION 3. Section 8 of Article II of the Constitution of North Carolina reads as rewritten:
"Sec. 8. Elections.
The election for members of the General Assembly shall be
held for the respective districts in 1972 2012 and every two four
years thereafter, at the places and on the day prescribed by law."
SECTION 4. Section 2(1) of Article III of the Constitution of North Carolina reads as rewritten:
"(1) Election and term. The Governor and
Lieutenant Governor shall be elected by the qualified voters of the State in 1972
2012 and every four years thereafter, at the same time and places
as members of the General Assembly are elected. places and on the day
prescribed by law. Their term of office shall be four years and shall
commence on the first day of January next after their election and continue
until their successors are elected and qualified."
SECTION 5. Section 7(3) of Article III of the Constitution of North Carolina reads as rewritten:
"(3) Vacancies. If the office of any of
these officers is vacated by death, resignation, or otherwise, it shall be the
duty of the Governor to appoint another to serve until his successor is elected
and qualified. Every such vacancy shall be filled by election at the first
election for members of the General Assembly first statewide election
for members of the United States House of Representatives that occurs more
than 60 days after the vacancy has taken place, and the person chosen shall
hold the office for the remainder of the unexpired term fixed in this Section.
When a vacancy occurs in the office of any of the officers named in this
Section and the term expires on the first day of January succeeding the next
election for members of the General Assembly, the Governor shall appoint to
fill the vacancy for the unexpired term of the office."
SECTION 6. Section 9(3) of Article IV of the Constitution of North Carolina reads as rewritten:
"(3) Clerks. A Clerk of the Superior Court
for each county shall be elected for a term of four years by the qualified
voters thereof, at the same time and places as members of the General
Assembly United States House of Representatives are elected.elected
on a statewide basis. If the office of Clerk of the Superior Court becomes
vacant otherwise than by the expiration of the term, or if the people fail to
elect, the senior regular resident Judge of the Superior Court serving the
county shall appoint to fill the vacancy until an election can be regularly
held."
SECTION 7. Section 18(1) of Article IV of the Constitution of North Carolina reads as rewritten:
"(1) District Attorneys. The General
Assembly shall, from time to time, divide the State into a convenient number of
prosecutorial districts, for each of which a District Attorney shall be chosen
for a term of four years by the qualified voters thereof, at the same time and
places as members of the General Assembly United States House of
Representatives are elected. elected on a statewide basis. Only
persons duly authorized to practice law in the courts of this State shall be
eligible for election or appointment as a District Attorney. The District
Attorney shall advise the officers of justice in his district, be responsible
for the prosecution on behalf of the State of all criminal actions in the
Superior Courts of his district, perform such duties related to appeals
therefrom as the Attorney General may require, and perform such other duties as
the General Assembly may prescribe."
SECTION 8. Section 19 of Article IV of the Constitution of North Carolina reads as rewritten:
"Sec. 19. Vacancies.
Unless otherwise provided in this Article, all vacancies
occurring in the offices provided for by this Article shall be filled by
appointment of the Governor, and the appointees shall hold their places until
the next election for members of the General Assembly next statewide
election for members of the United States House of Representatives that is
held more than 60 days after the vacancy occurs, when elections shall be held
to fill the offices. When the unexpired term of any of the offices named in
this Article of the Constitution in which a vacancy has occurred, and in which
it is herein provided that the Governor shall fill the vacancy, expires on the
first day of January succeeding the next election for members of the General
Assembly next statewide election for members of the United States House
of Representatives, the Governor shall appoint to fill that vacancy for the
unexpired term of the office. If any person elected or appointed to any of
these offices shall fail to qualify, the office shall be appointed to, held and
filled as provided in case of vacancies occurring therein. All incumbents of
these offices shall hold until their successors are qualified."
SECTION 9. The amendments set out in Sections 1 through 8 of this act shall be submitted to the qualified voters of the State at a statewide election to be held on the same date as the general election in November of 2010, 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 amendments making the term of members of the General Assembly four years beginning with members elected in 2012 and making conforming amendments concerning the election of other officers and the filling of vacancies."
SECTION 10. If a majority of votes cast on the question are in favor of the amendments set out in Sections 1 through 8 of this act, the State Board of Elections shall certify the amendments to the Secretary of State. The constitutional amendments shall become effective beginning with persons elected in 2012. It does not affect the terms of office of persons elected in 2010. The Secretary of State shall enroll the amendments so certified among the permanent records of that office.
SECTION 11. This act is effective when it becomes law.