GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

H                                                                                                                                         Simple

                                                                                                                                     Resolution

                                                                                                                                          Adopted

HOUSE RESOLUTION 801

Committee Substitute Favorable 5/30/07

Adopted 5/30/07

Corrected Copy 5/31/07

Sponsors:

Referred to:

March 15, 2007

A HOUSE RESOLUTION TO ESTABLISH THE PROCEDURE FOR NOMINATING AND ELECTING a person to fill a vacancy on THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA.

Be it resolved by the House of Representatives:

SECTION 1.  The following procedures for nominating and electing a person to fill a vacancy on the Board of Governors of The University of North Carolina (hereinafter the "Board of Governors") are adopted:

I.  COMMITTEE RESPONSIBILITIES.

1. It is the duty of the University Board of Governors Nominating Committee of the House of Representatives (hereinafter the "Committee") to conduct a process for nominating and electing persons for each vacancy in the elected membership of the Board of Governors that was created by a vacating member who was originally elected by the House of Representatives.

2. The Committee shall receive nominations from Thursday, May 31, 2007, through 12:00 Noon on Friday, June 1, 2007, to elect one person to fill one vacancy on the Board of Governors. Each Representative may nominate one person. In order for a person to have standing as a nominee, that person must be formally nominated by a member of the House of Representatives. Only a written nomination that includes all the requested information, which is submitted on the 2007 UNC Board of Governors Vacancy Nomination Form provided by the Chair of the Committee for that purpose, and that is received in the Office of the House Principal Clerk on or after Thursday, May 31, 2007, and no later than 12:00 Noon on Friday, June 1, 2007, shall constitute a formal nomination. Delivery to the Office of the House Principal Clerk by facsimile transmission or e‑mail transmission shall not constitute a formal nomination of a candidate.

3. Every person who has been formally nominated shall file a completed North Carolina State Ethics Commission Statement of Economic Interest with the North Carolina State Ethics Commission to be received by the North Carolina State Ethics Commission no later than 12:00 Noon on Monday, June 4, 2007.

4. On or after Saturday, June 2, 2007, the Committee shall list all proposed nominees. The Committee shall screen the nominees as to their qualifications, experience, and statutory suitability. The Committee may screen nominees by interviewing or by soliciting written information or by both means. On completion of the screening process, the Committee shall conduct a vote to ensure that the slate of legally qualified nominees lists two legally qualified nominees if two or more were nominated.

(a)       To qualify for the slate, a nominee must receive the votes of a majority of all members of the Committee present and voting.

(b)       Each member of the Committee present and voting shall vote for two nominees for the slate if there are a sufficient number of nominees.

(c)       If more than two nominees receive a majority vote of all members present and voting, the two nominees receiving the highest number of votes shall be the recommended nominees on the slate.

(d)       If less than two nominees receive the votes of a majority of all members present and voting, a runoff to fill the slate shall be conducted among the nominees who received the highest number of votes cast; and the number of nominees eligible to be voted on in the runoff shall be twice the number of vacant slate positions, if there are a sufficient number of nominees.

(e)       If there is a tie for the vacant slate positions between nominees, all of the tied nominees shall be included in the next runoff balloting, even though there would be more than twice the number of nominees per vacant position.

5. Each nominee shall confirm his or her willingness to serve if elected. Any nominee may withdraw without the approval of the sponsor.

6. The Committee's nominees shall be placed before and recommended to the House of Representatives for election.

II. ELECTIONS IN THE HOUSE OF REPRESENTATIVES.

1. A ballot shall be prepared under the supervision of the Chair of the Committee for the use of the House of Representatives. The ballot shall list two legally qualified nominees if two or more were nominated.

2. The names of the nominees shall be arranged on the ballot by alphabetical order and shall list only the names of those nominees recommended by the Committee.

3. The House of Representatives shall hold its election no later than the beginning of the daily session on June 6, 2007. Before the voting begins, the Speaker of the House shall explain the voting rules, which are:

(a)       No nominations shall be received from the floor.

(b)       In order to be elected, a nominee must receive the votes of a majority of all members present and voting.

(c)       Each member present and voting shall vote for one nominee, and any ballot not so marked shall be deemed void.

(d)       If there is a tie for the vacant position between the two nominees, a runoff to fill the vacant position shall be conducted until a nominee receives the votes of a majority of all members present and voting.

4. The members of the House of Representatives shall proceed to mark their ballots for one person to fill the vacant position for a four‑year term.

Every ballot shall be signed by the member of the House of Representatives casting it, and no unsigned ballots shall be counted.

5. The Chair of the Committee is responsible for canvassing the vote and declaring the results and may designate members of the Committee to assist. All ballots shall be retained by the House Principal Clerk as part of the permanent records of the House of Representatives and shall be open for immediate public inspection upon adjournment of that day's session.

6. When the Chair of the Committee has determined that the House of Representatives has elected one person to fill the vacant position and serve as a member of the Board of Governors for a term of four years, the Speaker of the House of Representatives shall declare that person to have been elected to the Board of Governors by the House of Representatives. The election of that person is provisional subject to the North Carolina State Ethics Commission's evaluation of the North Carolina State Ethics Commission Statements of Economic Interest of that person in accordance with Article 3 of Chapter 138A of the General Statutes.

7. The results of the election in the House of Representatives shall then be sent by Special Messenger to the Senate.

III.  NOTIFICATION OF ELECTION RESULTS.

When the election process is complete, the Chair of the Committee shall notify the Secretary of the Board of Governors of the name of the person elected by the House of Representatives to fill the vacant position and the term for which the person was elected.

SECTION 2.  This resolution is effective upon adoption.