GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H D

HOUSE BILL DRH40072-TC-2 (01/27)

Short Title: Elect the State Board of Education.		(Public)
Sponsors:	Representatives Elmore, Conrad, and Bert Jones (Primary Sponsors).
Referred to:

A BILL TO BE ENTITLED

AN ACT to amend the north carolina constitution to provide for the election of the state board of EDUCATION.

The General Assembly of North Carolina enacts:

SECTION 1.1. Section 4 of Article IX of the North Carolina Constitution reads as rewritten:

"Sec. 4. State Board of Education.

(1) Board. The State Board of Education shall consist of a chair appointed by the Governor, the Lieutenant Governor, the Treasurer, and eleven members appointed by the Governor, subject to confirmation by the General Assembly in joint session. The General Assembly shall divide the State into eight educational districts. Of the appointive members of the Board, one shall be appointed from each of the eight educational districts and three shall be appointed from the State at large. Appointments shall be for overlapping terms of eight years. Appointments to fill vacancies shall be made by the Governor for the unexpired terms and shall not be subject to confirmation.the Superintendent of Public Instruction, and a number of elected members equal to the membership of the United States House of Representatives apportioned to the State by federal law.

(2) Superintendent of Public Instruction. The Superintendent of Public ~~Instruction~~ Instruction, in addition to voting membership on the State Board of Education, shall be the secretary and chief administrative officer of the State Board of Education.

(3) Chair. The chair of the State Board of Education appointed by the Governor shall serve a four‑year term. The chair shall vote only in the event of a tie. The Governor shall appoint any vacancy for the chair.

(4) Elected Members. Members elected to the State Board of Education shall be elected from the districts established by the General Assembly for members of the United States House of Representatives. Elected members shall serve staggered four‑year terms in the manner prescribed by law. Vacancies shall be filled in the manner prescribed by law."

SECTION 1.2. The amendment set out in Section 1.1 of this act shall be submitted to the qualified voters of the State at a statewide election held on the date of the first primary in 2018, 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 amendment to elect the majority of the membership of the State Board of Education from the same districts used for Congressional elections, to make the Superintendent of Public Instruction a voting member of the State Board of Education, to eliminate the State Treasurer as a member of the State Board of Education, to require the Governor to appoint the chair of the State Board of Education and provide that the chair votes only in the event of a tie, to eliminate the requirement that the General Assembly confirm appointments to the State Board of Education by the Governor, and to reduce the term of office for elected and appointed members to four years."

SECTION 1.3. If a majority of votes cast on the question are in favor of the amendment set out in Section 1.1 of this act, the State Board of Elections shall certify the amendment to the Secretary of State. The Secretary of State shall enroll the amendment so certified among the permanent records of that office. The amendment set out in Section 1.1 of this act becomes effective January 1, 2021, and elected members of the State Board of Education shall be elected from Congressional districts at the general election held in 2020. The terms of all appointed members of the State Board of Education serving on March 31, 2021, shall expire on that date.

SECTION 2.(a) G.S. 115C‑10 reads as rewritten:

"§ 115C‑10. ~~Appointment~~ Composition and election of Board.

(a) Composition. – The State Board of Education shall consist of a chair appointed by the Governor, the Lieutenant Governor, the State Treasurer, and 11 members appointed by the Governor, subject to confirmation by the General Assembly in joint session. Not more than two public school employees paid from State or local funds may serve as appointive members of the State Board of Education. No spouse of any public school employee paid from State or local funds and no spouse of any employee of the Department of Public Instruction may serve as an appointive member of the State Board of Education. Of the appointive members of the State Board of Education, one shall be appointed from each of the eight educational districts and three shall be appointed as members at large. Appointments shall be for terms of eight years and shall be made in four classes. Appointments to fill vacancies shall be made by the Governor for the unexpired terms and shall not be subject to confirmation.the State Superintendent of Public Instruction, and a number of elected members equal to the membership of the United States House of Representatives apportioned to the State by federal law.

The Governor shall transmit to the presiding officers of the Senate and the House of Representatives, on or before the sixtieth legislative day of the General Assembly, the names of the persons appointed by the Governor and submitted to the General Assembly for confirmation; thereafter, pursuant to joint resolution, the Senate and the House of Representatives shall meet in joint session for consideration of an action upon such appointments.

(b) Appointed Chair. – The chair of the State Board of Education appointed by the Governor shall serve a four‑year term beginning April 1 of the year immediately following the gubernatorial election. The chair shall vote only in the event of a tie. The Governor shall appoint any vacancy in the office of chair.

(c) Elected Members. – Members elected to the State Board of Education shall be elected from the districts established by the General Assembly for members of the United States House of Representatives in Article 17 of Chapter 163 of the General Statutes. Elected members shall serve staggered four‑year terms. Members elected from odd‑numbered Congressional districts shall be elected in 2020 and every four years thereafter for a four‑year term beginning April 1 of the following year. Members elected from even‑numbered Congressional districts shall be elected in 2020 for a two‑year term beginning April 1 of the following year and shall be elected in 2022 and every four years thereafter for a four‑year term beginning April 1 of the following year. Members shall be elected and vacancies in office filled as provided in Chapter 163 of the General Statutes."

SECTION 2.(b) G.S. 115C‑11(a) reads as rewritten:

"(a) ~~Presiding Officer.~~Organization of Board. – The State Board of Education shall elect from its membership a ~~chairman and vice‑chairman.~~vice‑chair. A majority of the Board shall constitute a quorum for the transaction of business. Per diem and expenses of the appointive and elected members of the Board shall be provided by the General Assembly. The ~~chairman~~ chair of the Board shall preside at all meetings of the Board. In the absence of the ~~chairman,~~chair, the ~~vice‑chairman~~ vice‑chair shall preside; in the absence of both the ~~chairman~~ chair and the ~~vice‑chairman,~~vice‑chair, the Board shall name one of its own members as ~~chairman pro tempore.~~chair."

SECTION 3.(a) G.S. 163‑1 reads as rewritten:

"§ 163‑1. Time of regular elections and primaries.

...

(d) If primaries for the State Senate or State House of Representatives are temporarily moved from the date provided in subsection (b) of this section for any election year, all primaries shall be held on the same day.

OFFICE JURISDICTION DATE OF ELECTION TERM OF OFFICE

Governor State Tuesday next after the Four years, from

first Monday in November first day of January

1968 and every four years next after election

thereafter

Lieutenant State Tuesday next after the Four years, from

Governor first Monday in November first day of January

1968 and every four years next after election

thereafter

Secretary of State Tuesday next after the Four years, from

State first Monday in November first day of January

1968 and every four years next after election

thereafter

Auditor State Tuesday next after the Four years, from

first Monday in November first day of January

1968 and every four years next after election

thereafter

Treasurer State Tuesday next after the Four years, from

first Monday in November first day of January

1968 and every four years next after election

thereafter

Superintendent State Tuesday next after the Four years, from

of Public first Monday in November first day of January

Instruction 1968 and every four years next after election

thereafter

Attorney

General State Tuesday next after the Four years, from

first Monday in November first day of January

1968 and every four years next after election

thereafter

Commissioner State Tuesday next after the Four years, from

of Agriculture first Monday in November first day of January

1968 and every four years next after election

thereafter

Commissioner State Tuesday next after the Four years, from

of Labor first Monday in November first day of January

1968 and every four years next after election

thereafter

Commissioner State Tuesday next after the Four years, from

of Insurance first Monday in November first day of January

1968 and every four years next after election

thereafter

State Board of Congressional At the regular election for Four years, from

Education district members of the General first day of April

Member Assembly immediately next after election

preceding the termination

of each regular term

...."

SECTION 3.(b) Notwithstanding G.S. 163‑1, as amended by subsection (a) of this section, members elected in 2020 from even‑numbered Congressional districts shall serve for a two‑year term beginning April 1 of the following year.

SECTION 3.(c) Article 2 of Chapter 163 of the General Statutes is amended by adding a new section to read:

"§ 163‑14. Filling vacancy in the State Board of Education.

(a) If a vacancy shall occur among the elected members of the State Board of Education by death, resignation, or otherwise than by expiration of term, the Governor shall immediately appoint the person recommended by the political party executive committee provided by this section to serve until the vacating member's successor is elected and qualified. Each such vacancy shall be filled by election at the first election for members of the General Assembly 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 four‑year term. However, if the term expires on the first day of April 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. The Governor shall make the appointment within seven days of receiving the recommendation of the committee. If the Governor fails to make the appointment within the required period, the Governor shall be presumed to have made the appointment and the State Board of Education is directed to seat the appointee as a member in good standing.

(b) The Governor shall appoint for the unexpired portion of the term the person recommended by the Congressional district committee of the political party with which the vacating member was affiliated when elected. In the case where all of a county is included within a Congressional district, the county convention or county executive committee of that political party shall elect or appoint at least one member from that county to serve on the Congressional district executive committee. In the case where only part of a county is included within a Congressional district, the county convention or county executive committee of that political party shall elect or appoint at least one member from that county to serve on the Congressional district committee, but only the delegates to the county convention or the members of the county executive committee who reside in the district may vote in electing the district committee member. When the Congressional district committee meets, a member shall be entitled to cast for his or her county (or the part of his or her county within the district) one vote for each 300 persons or major fraction thereof residing within that county, or in the case where less than the whole county is in the district, one vote for each 300 persons or major fraction thereof residing in that part of the district within the county.

A county convention or county executive committee may elect more than one member to the Congressional district committee, but in the event that more than one member is selected from that county, each member shall cast an equal share of the votes allotted to the county.

(c) No person is eligible for appointment to fill a vacancy in the State Board of Education under this section, unless that person would have been qualified to vote as an elector for that office if an election were to be held on the date of appointment. This section is intended to implement the provisions of Section 8 of Article VI of the North Carolina Constitution."

SECTION 3.(d) G.S. 163‑106(c) reads as rewritten:

"(c) Time for Filing Notice of Candidacy. – Candidates seeking party primary nominations for the following offices shall file their notice of candidacy with the State Board of Elections no earlier than 12:00 noon on the second Monday in February and no later than 12:00 noon on the last business day in February preceding the primary:

Governor

Lieutenant Governor

All State executive officers

United States Senators

Members of the House of Representatives of the United States

Members of the State Board of Education

District attorneys

Candidates seeking party primary nominations for the following offices shall file their notice of candidacy with the county board of elections no earlier than 12:00 noon on the second Monday in February and no later than 12:00 noon on the last business day in February preceding the primary:

State Senators

Members of the State House of Representatives

All county offices."

SECTION 3.(e) G.S. 163‑107(a) reads as rewritten:

"(a) Fee Schedule. – At the time of filing a notice of candidacy, each candidate shall pay to the board of elections with which he the candidate files under the provisions of G.S. 163‑106 a filing fee for the office he the candidate seeks in the amount specified in the following tabulation:

Office Sought Amount of Filing Fee

Governor One percent (1%) of the annual salary of the office sought

Lieutenant Governor One percent (1%) of the annual salary of the office sought

All State executive offices One percent (1%) of the annual salary of the office sought

All District Attorneys of the General One percent (1%) of the annual salary of

Court of Justice the office sought

United States Senator One percent (1%) of the annual salary of the office sought

Members of the United States House One percent (1%) of the annual salary of

of Representatives the office sought

State Senator One percent (1%) of the annual salary of the office sought

Member of the State House of One percent (1%) of the annual salary of

Representatives the office sought

Member of the State Board of One percent (1%) of the prior year average

Education annual per diem of the office sought

All county offices not compensated by fees One percent (1%) of the annual salary of the office sought

All county offices compensated partly One percent (1%) of the first annual

by salary and partly by fees salary to be received (exclusive of fees)

The salary of any office that is the basis for calculating the filing fee is the starting salary for the office, rather than the salary received by the incumbent, if different. If no starting salary can be determined for the office, then the salary used for calculation is the salary of the incumbent, as of January 1 of the election year."

SECTION 3.(f) G.S. 163‑107.1(c) reads as rewritten:

"(c) County, Municipal and District Primaries. – If the candidate is seeking one of the offices set forth in G.S. 163‑106(c) but which is not listed in subsection (b) of this section, or a municipal or any other office requiring a partisan primary which is not set forth in G.S. 163‑106(c) or (d), he shall file a written petition with the appropriate board of elections no later than 12:00 noon on Monday preceding the filing deadline before the primary. The petition shall be signed by five percent (5%) of the registered voters of the election area in which the office will be voted for, who are affiliated with the same political party in whose primary the candidate desires to run, or in the alternative, the petition shall be signed by no less than 200 registered voters regardless of said voter's political party affiliation, whichever requirement is greater. The board of elections shall verify the names on the petition, and if the petition is found to be sufficient, the candidate's name shall be printed on the appropriate primary ballot. Petitions for candidates for member of the U.S. House of Representatives, member of the State Board of Education, District Attorney, and members of the State House of Representatives from multi‑county districts or members of the State Senate from multi‑county districts must be presented to the county board of elections for verification at least 15 days before the petition is due to be filed with the State Board of Elections, and such petition must be filed with the State Board of Elections no later than 12:00 noon on Monday preceding the filing deadline. The State Board of Elections may adopt rules to implement this section and to provide standard petition forms."

SECTION 3.(g) G.S. 163‑111(c)(1) reads as rewritten:

"(1) A candidate who is apparently entitled to demand a second primary, according to the unofficial results, for one of the following offices listed below, and desiring to do so, shall file a request for a second primary in writing with the Executive Director of the State Board of Elections no later than 12:00 noon on the ninth day (including Saturdays and Sundays) following the date on which the primary was conducted, and such request shall be subject to the certification of the official results by the State Board of Elections. If the vote certification by the State Board of Elections determines that a candidate who was not originally thought to be eligible to call for a second primary is in fact eligible to call for a second primary, the Executive Director of the State Board of Elections shall immediately notify such candidate and permit him to exercise any options available to him within a 48‑hour period following the notification:

~~Governor,~~Governor.

Lieutenant ~~Governor,~~Governor.

All State executive ~~officers,~~officers.

District Attorneys of the General Court of ~~Justice,~~Justice.

United States ~~Senators,~~Senators.

Members of the State Board of Education.

Members of the United States House of ~~Representatives,~~Representatives.

State Senators in multi‑county senatorial ~~districts, and~~districts.

Members of the State House of Representatives in multi‑county representative districts."

SECTION 3.(h) G.S. 163‑114 reads as rewritten:

"§ 163‑114. Filling vacancies among party nominees occurring after nomination and before election.

If any person nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general election, the vacancy shall be filled by appointment according to the following instructions:

Position

President Vacancy is to be filled by appointment of

Vice President national executive committee of

political party in which vacancy occurs

Presidential elector or alternate elector Vacancy is to be filled by appointment of

Any elective State office State executive committee of political

United States Senator party in which vacancy occurs

A district office, including: Appropriate district executive committee of

Member of the United States House political party in which vacancy occurs

of Representatives

Member of the State Board of

Education

District Attorney

State Senator in a multi‑county

senatorial district

Member of State House of

Representatives in a multi‑county

representative district

State Senator in a single‑county County executive committee of political

senatorial district party in which vacancy occurs,

Member of State House of provided, in the case of the State

Representatives in a single‑county Senator or State Representative in a

representative district single‑county district where not all the

Any elective county office county is located in that district, then in

voting, only those members of the

county executive committee who reside

within the district shall vote

The party executive making a nomination in accordance with the provisions of this section shall certify the name of its nominee to the chairman of the board of elections, State or county, that has jurisdiction over the ballot item under G.S. 163‑182.4. If at the time a nomination is made under this section the general election ballots have already been printed, the provisions of G.S.163‑165.3(c) shall apply. If a vacancy occurs in a nomination of a political party and that vacancy arises from a cause other than death and the vacancy in nomination occurs more than 120 days before the general election, the vacancy in nomination may be filled under this section only if the appropriate executive committee certifies the name of the nominee in accordance with this paragraph at least 75 days before the general election.

In a county not all of which is located in one congressional district, in choosing the congressional district executive committee member or members from that area of the county, only the county convention delegates or county executive committee members who reside within the area of the county which is within the congressional district may vote.

In a county which is partly in a multi‑county senatorial district or which is partly in a multi‑county House of Representatives district, in choosing that county's member or members of the senatorial district executive committee or House of Representatives district executive committee for the multi‑county district, only the county convention delegates or county executive committee members who reside within the area of the county which is within that multi‑county district may vote.

An individual whose name appeared on the ballot in a primary election preliminary to the general election shall not be eligible to be nominated to fill a vacancy in the nomination of another party for the same office in the same year."

SECTION 4. If a majority of votes cast on the question are in favor of the amendment set out in Section 1.1 of this act and the State Board of Elections certifies the amendment to the Secretary of State, Section 2 of this act becomes effective April 1, 2021, and Section 3 of this act becomes effective January 1, 2020, and applies to elections conducted on and after that date. Except as otherwise provided, the remainder of this act is effective when it becomes law.