H180 [Edition 1]

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

H 1

HOUSE BILL 180

Short Title: Legislative 4‑Year Terms.		(Public)
Sponsors:	Representatives Warren, Hardister, Malone, and Glazier (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.
Referred to:	Elections, if favorable, Judiciary I.

March 10, 2015

A BILL TO BE ENTITLED

AN ACT to provide FOR four‑year terms for members of the general assembly.

The General Assembly of North Carolina enacts:

PART I. FOUR‑YEAR LEGISLATIVE TERMS

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~~ 2020 and every ~~two~~ four years thereafter, at the places and on the day prescribed by law."

SECTION 4. 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~~ 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,~~ statewide election for members of the United States House of Representatives, the Governor shall appoint to fill the vacancy for the unexpired term of the office."

SECTION 5. 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 6. 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 7. 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~~ 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 8. Section 2 of Article VII of the Constitution of North Carolina reads as rewritten:

"Sec. 2. Sheriffs.

In each county a Sheriff shall be elected by the qualified voters thereof at the same time and places as members of the ~~General Assembly~~United States House of Representatives are elected on a statewide basis and shall hold his office for a period of four years, subject to removal for cause as provided by law. No person is eligible to serve as Sheriff if that person has been convicted of a felony against this State, the United States, or another state, whether or not that person has been restored to the rights of citizenship in the manner prescribed by law. Convicted of a felony includes the entry of a plea of guilty; a verdict or finding of guilt by a jury, judge, magistrate, or other adjudicating body, tribunal, or official, either civilian or military; or a plea of no contest, nolo contendere, or the equivalent."

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 the general election in November 2016, 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 2020, and making conforming amendments concerning the election of other officers and the filling of vacancies."

SECTION 10. If a majority of the 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 amendment to the Secretary of State. The amendments made by Sections 1 through 8 of this act become effective with the members elected in 2020. The Secretary of State shall enroll the amendments so certified among the permanent records of that office.

PART II. SPEAKER/PRO TEM TERM LIMITS

SECTION 11. Section 15 of Article II of the North Carolina Constitution reads as rewritten:

"Sec. 15. Officers of the House of Representatives.

The House of Representatives shall elect its Speaker and other officers. No person may serve as Speaker in more than two consecutive regular sessions of the General Assembly."

SECTION 12. Section 14(1) of Article II of the North Carolina Constitution reads as rewritten:

"(1) President Pro Tempore – succession to presidency. The Senate shall elect from its membership a President Pro Tempore, who shall become President of the Senate upon the failure of the Lieutenant Governor‑elect to qualify, or upon succession by the Lieutenant Governor to the office of Governor, or upon the death, resignation, or removal from office of the President of the Senate, and who shall serve until the expiration of his term of office as Senator.

No person may serve as President Pro Tempore in more than two consecutive regular sessions of the General Assembly."

SECTION 13. The amendments set out in Sections 11 and 12 of this act shall be submitted to the qualified voters of the State at the general election in November 2016, 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 providing that the Speaker of the House and the President Pro Tempore of the Senate may not serve more than two terms."

SECTION 14. If a majority of the votes cast on the question are in favor of the amendments set out in this act, the State Board of Elections shall certify the amendments to the Secretary of State. The amendments shall become effective upon the convening of the General Assembly next on or after January 1, 2021, and service as Speaker or President Pro Tempore prior to that date shall not be considered for the purpose of the amendments. The Secretary of State shall enroll the amendments so certified among the permanent records of that office.

SECTION 15. This act is effective when it becomes law.