GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

S                                                                                                                                          Simple

                                                                                                                                     Resolution

                                                                                                                                          Adopted

SENATE RESOLUTION 1486

Adopted 3/26/07

 

 

 

Sponsors:

Senator Swindell.

Referred to:

Rules Suspended Calendar 3-26-07.

March 26, 2007

 

A SENATE RESOLUTION to amend the procedure for nominating and electing members of the board of governors of the university of north carolina.

Be it resolved by the Senate:

SECTION 1.  The following procedures for nominating and electing members of the Board of Governors of The University of North Carolina are adopted:

I.  COMMITTEE RESPONSIBILITIES.

1. It is the duty of the Senate Committee on Education/Higher Education (hereinafter referred to as the "Senate Committee") to choose nominees for each opening on the Board of Governors of The University of North Carolina to which the Senate is to elect members.

2. The Senate Committee shall receive suggestions of proposed candidates for nomination for election to the Board of Governors of The University of North Carolina from Tuesday, March 27, 2007, through Thursday, March 29, 2007. In 2007, the total number of positions available for election by the Senate is eight, and each position is for a four‑year term. A Senator may propose candidates for nomination only for the openings available for election by the Senate. In order for a person to have standing to be considered as a candidate for nomination by the Senate Committee, that person must be formally nominated as a candidate by a member of the Senate. Only a written nomination on a form provided by the Senior Chair of the Senate Committee for that purpose and received in the Office of the Senate Principal Clerk on or after Tuesday, March 27, 2007, and no later than 12:00 P.M. on Thursday, March 29, 2007, shall constitute a formal nomination of a candidate. Delivery to the Office of the Senate Principal Clerk of a nomination form by facsimile transmission or e‑mail transmission shall not constitute a formal nomination of a candidate. An individual is not eligible for nomination in the Senate if he or she was nominated and not elected to the Board of Governors by the House of Representatives during the 2007 Session.

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 5:00 P.M. on Friday, March 30, 2007.

4. On or after March 30, 2007, the Senate Committee shall list all proposed candidates for nomination. The Senate Committee shall screen the proposed candidates for nomination as to their qualifications and background and may interview each one to make sure that suitable persons are nominated. The Senate Committee shall ascertain that each candidate for nomination is willing and able to serve and has no statutory disability. On completion of the screening process, the Senate Committee shall conduct a vote to ensure that the slate of legally qualified candidates lists no more than twice the number of candidates for the total seats open.

5. The Senior Chair of the Senate Committee shall ascertain whether the nominees for election by the Senate would serve if elected. Any nominee may withdraw without the approval of the sponsor.

6. Senate Committee nominees shall be placed before and recommended to the Senate for election.

II.  ELECTIONS IN THE SENATE.

1. A ballot shall be prepared under the supervision of the Senior Chair of the Senate Committee for the use of the Senate.

2. The ballot shall list only the names of those nominees proposed by the Senate Committee who have consented to run and for whom the Senate is entitled to vote. Their names shall be arranged alphabetically by surname.

3. The Senate shall hold its election no later than the beginning of the daily session on April 5, 2007. Before the voting begins, the Senior Chair of the Senate Committee shall explain the voting rules, which are:

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

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

(c)       Each member present and voting shall vote for as many nominees as there are positions to be filled, and any ballot not so marked shall be deemed void.

(d)       If fewer than eight nominees receive the votes of a majority of all members present and voting, a runoff to fill the open position or positions shall be conducted among the nominees who were not elected but who received the highest numbers of votes cast; and the number of nominees eligible to be voted on in the runoff shall be twice the number of positions to be filled.

(e)       If there is a tie for the last position between two nominees who are eligible for the next runoff, both nominees shall be included in the next runoff balloting, even though there would be more than two nominees per available position, unless the deciding vote is cast in accordance with the North Carolina Constitution, Article II, Section 13.

(f)        If more than eight nominees receive the votes of a majority of all members present and voting, then the eight nominees receiving the highest numbers of votes shall be deemed to have been chosen.

4. The Senators shall proceed to mark their ballots for eight persons, for four‑year terms.

Every ballot shall be signed by the Senator casting it, and no unsigned ballots shall be counted.

5. The Senior Chair of the Senate Committee shall be responsible for canvassing the vote and declaring the results. All ballots shall be retained by the Principal Clerk as part of the permanent records of the Senate and shall be open for immediate public inspection.

6. When the Senior Chair of the Senate Committee has determined that the Senate has chosen eight persons to serve as members of the Board of Governors for terms of four years, the President of the Senate shall declare those eight persons to have been elected to the Board of Governors by the Senate. The election of each of those eight persons is provisional subject to the North Carolina State Ethics Commission's evaluations of the North Carolina State Ethics Commission Statements of Economic Interest of those persons in accordance with Article 3 of Chapter 138A of the General Statutes.

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

III.  NOTIFICATION OF ELECTION RESULTS.

When the election process is complete, the Senior Chair of the Senate Committee shall notify the Secretary of the Board of Governors of The University of North Carolina of the names of the persons elected by the Senate and of the term for which each person was elected.

SECTION 2.  As used in this resolution, the term "Senior Chair" means the Senior Chair of the Senate Education/Higher Education Committee.

SECTION 3.  This resolution is effective upon adoption.