GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

S                                                                                                                                                    D

SENATE DRS85096-LBx-68A  (1/4)

Short Title:     Lt. Gov. Ex Officio Secretary of State.		(Public)
Sponsors:	Senator Rand.
Referred to:

A BILL TO BE ENTITLED

AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION to make the LIEUTENANT GOVERNOR EX OFFICIO SECRETARY OF STATE.

The General Assembly of North Carolina enacts:

SECTION 1.  Section 7(1) of Article III of the North Carolina Constitution reads as rewritten:

"(1)      Officers. A Secretary of State, an An Auditor, a Treasurer, a Superintendent of Public Instruction, an Attorney General, a Commissioner of Agriculture, a Commissioner of Labor, and a Commissioner of Insurance shall be elected by the qualified voters of the State in 1972 and every four years thereafter, at the same time and places as members of the General Assembly are elected. 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 2.  Section 6 of Article III of the North Carolina Constitution reads as rewritten:

"Sec. 6.  Duties of the Lieutenant Governor.

The Lieutenant Governor shall be President of the Senate, but shall have no vote unless may vote in the Senate if it is equally divided. The Lieutenant Governor shall be ex officio Secretary of State. He shall perform such additional duties as the General Assembly or the Governor may assign to him. He shall receive the compensation and allowances prescribed by law."

SECTION 3.  Section 13 of Article II of the North Carolina Constitution reads as rewritten:

"Sec. 13.  Lieutenant Governor. President of the Senate.

The Lieutenant Governor shall be President of the Senate and shall preside over the Senate, but shall have no vote unless  may vote in the Senate if it is equally divided."

Sec. 14. Other officers Officers of the Senate.

(1)       President Pro Tempore - succession to presidency. President. The Senate shall elect from its membership a President Pro Tempore, President to serve until the expiration of the term as Senator and 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.who shall preside over the Senate.

(2) President Pro Tempore - temporary succession. During the physical or mental incapacity of the President of the Senate to perform the duties of his office, or during the absence of the President of the Senate, the President Pro Tempore shall preside over the Senate.

(2) President Pro Tempore - succession to presidency. The Senate shall elect from its membership a President Pro Tempore to serve until the expiration of the term as Senator, who shall become President of the Senate upon the death, resignation, or removal from office of the President of the Senate, or upon succession of the President to the office of Governor.

(3) President Pro Tempore - temporary succession. During the physical or mental incapacity of the President of the Senate to perform the duties of his office, or during the absence of the President of the Senate, the President Pro Tempore shall preside over the Senate.

(3) (4) Other officers. The Senate shall elect its other officers.

SECTION 4.  The amendments set out in this act shall be submitted to the qualified voters of the State at a statewide election to be held on the Tuesday after the first Monday in November of 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 amendments to provide that the Lieutenant Governor is ex officio Secretary of State."

SECTION 5.  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 Secretary of State shall enroll the amendments so certified among the permanent records of that office. If approved, the amendments set out in this act become effective January 1, 2009, and apply to the 2008 election cycle.

SECTION 6.  This act is effective when it becomes law.