HB 717 (Edition 6)

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H 6

HOUSE BILL 717

Committee Substitute Favorable 6/26/17

Committee Substitute #2 Favorable 10/4/17

Committee Substitute #3 Favorable 10/4/17

Fifth Edition Engrossed 10/5/17

Senate Select Committee on Elections Committee Substitute Adopted 6/4/18

Short Title: Judicial Elections Changes.		(Public)
Sponsors:
Referred to:

April 11, 2017

A BILL TO BE ENTITLED

AN ACT to revise the judicial divisions; align the superior court, District Court, AND prosecutorial Districts in certain judicial districts; to clarify listing of judicial seats on the BALLOT; AND TO LIMIT ROTATION OF SUPERIOR COURT JUDGES TO SIX MONTHS PER YEAR.

The General Assembly of North Carolina enacts:

SECTION 1.(a) G.S. 7A‑41(a) reads as rewritten:

"(a) The counties of the State are organized into judicial divisions and superior court districts, and each superior court district has the counties, and the number of regular resident superior court judges set forth in the following table, and for districts of less than a whole county, as set out in subsection (b) of this section:

Superior

Judicial Court No. of Resident

Division District Counties Judges

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––‑

First 1 Camden, Chowan, 2

Currituck,

Dare, Gates,

Pasquotank,

Perquimans

First 2 Beaufort, Hyde, 1

Martin,

Tyrrell, Washington

First 3A Pitt 2

~~Second~~First 3B Carteret, Craven, 3

Pamlico

Second 4A Duplin, Jones, 1

Sampson

Second 4B Onslow 1

Second 5A (part of New Hanover, 1

part of Pender

see subsection (b))

5B (part of New Hanover, 1

part of Pender

see subsection (b))

5C (part of New Hanover, 1

see subsection (b))

First 6A Halifax 1

First 6B Bertie, Hertford, 1

Northampton

First 7A Nash 1

First 7B (part of Wilson, 1

part of Edgecombe,

see subsection (b))

First 7C (part of Wilson, 1

part of Edgecombe,

see subsection (b))

~~Second~~First 8A Lenoir and Greene 1

~~Second~~First 8B Wayne 1

Third 9 Franklin, Granville, 2

Person, Vance, Warren

Third 10A (part of Wake, 1

see subsection (b))

Third 10B (part of Wake, 2

see subsection (b))

Third 10C (part of Wake, 1

see subsection (b))

Third 10D (part of Wake, 1

see subsection (b))

~~Fourth~~Third 11A Harnett, 1

Lee

~~Fourth~~Third 11B Johnston 1

~~Fourth~~Second 12A (part of Cumberland, 1

see subsection (b))

~~Fourth~~Second 12B (part of Cumberland, 1

see subsection (b))

~~Fourth~~Second 12C (part of Cumberland, 2

see subsection (b))

~~Fourth~~Second 13A Bladen, Columbus 1

~~Fourth~~Second 13B Brunswick 1

Third 14A (part of Durham, 1

see subsection (b))

Third 14B (part of Durham, 3

see subsection (b))

Third 15A Alamance 2

Third 15B Orange, Chatham 2

~~Fourth~~Second 16A Anson, Richmond, 2

Scotland, ~~Hoke~~

~~Fourth~~Second 16B Robeson 2

~~Fifth~~Third 17A Caswell, Rockingham 3

~~Fifth~~Fourth 17B Stokes, Surry 2

~~Fifth~~Third 18A (part of Guilford, 1

see subsection (b))

~~Fifth~~Third 18B (part of Guilford, 1

see subsection (b))

~~Fifth~~Third 18C (part of Guilford, 1

see subsection (b))

~~Fifth~~Third 18D (part of Guilford, 1

see subsection (b))

~~Fifth~~Third 18E (part of Guilford, 1

see subsection (b))

~~Sixth~~Fourth 19A Cabarrus 12

~~Fifth~~Third 19B Montgomery, Randolph 1

~~Sixth~~Fourth 19C Rowan 1

~~Fourth~~Third 19D Hoke, Moore 12

~~Sixth~~Fourth 20A Stanly 1

~~Sixth~~Fourth 20B Union 2

~~Fifth~~Fourth 21A (part of Forsyth, 1

see subsection (b))

~~Fifth~~Fourth 21B (part of Forsyth, 1

see subsection (b))

~~Fifth~~Fourth 21C (part of Forsyth, 1

see subsection (b))

~~Fifth~~Fourth 21D (part of Forsyth, 1

see subsection (b))

~~Sixth~~Fourth 22A Alexander, Iredell 2

~~Sixth~~Fourth 22B Davidson, Davie 2

~~Fifth~~Fourth 23 Alleghany, Ashe, 1

Wilkes, Yadkin

~~Eighth~~Fifth 24 Avery, Madison, 2

Mitchell,

Watauga, Yancey

~~Seventh~~Fifth 25A Burke, Caldwell 2

~~Seventh~~Fifth 25B Catawba 2

~~Seventh~~Fourth 26A (part of Mecklenburg, 2

see subsection (b))

~~Seventh~~Fourth 26B (part of Mecklenburg, 3

see subsection (b))

~~Seventh~~Fourth 26C (part of Mecklenburg, 2

see subsection (b))

~~Seventh~~Fifth 27A Gaston 2

~~Seventh~~Fifth 27B Cleveland, Lincoln 2

~~Eighth~~Fifth 28 Buncombe 2

~~Eighth~~Fifth 29A McDowell, 1

Rutherford

~~Eighth~~Fifth 29B Henderson, Polk, 1

Transylvania

~~Eighth~~Fifth 30A Cherokee, Clay, 1

Graham, Macon,

Swain

~~Eighth~~Fifth 30B Haywood, Jackson 1."

SECTION 1.(b) The additional judge in District 19D, as established by Section 1(a) of this act, shall take office on January 1, 2021, with an election in 2020 to be held accordingly.

SECTION 1.(c) The additional judge in District 19A, as established by Section 1(a) of this act, shall take office on January 1, 2021, with an election in 2020 to be held accordingly.

SECTION 1.(d) Except as otherwise provided, this section becomes effective July 1, 2018.

SECTION 2.(a) G.S. 7A‑133 reads as rewritten:

"§ 7A‑133. Numbers of judges by districts; numbers of magistrates and additional seats of court, by counties.

(a) Each district court district shall have the numbers of judges as set forth in the following table:

District Judges County

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 5 Camden

Chowan

Currituck

Dare

Gates

Pasquotank

Perquimans

2 4 Martin

Beaufort

Tyrrell

Hyde

Washington

3A 5 Pitt

3B 6 Craven

Pamlico

Carteret

4 8 Sampson

Duplin

Jones

Onslow

5 9 New Hanover

Pender

6 4 Northampton

Bertie

Hertford

Halifax

7 7 Nash

Edgecombe

Wilson

8 6 Wayne

Greene

Lenoir

9 5 Granville

(part of Vance

see subsection (b))

Franklin

Person

9B 2 Warren

(part of Vance

see subsection (b))

10 19 Wake

11 11 Harnett

Johnston

Lee

12 10 Cumberland

13 6 Bladen

Brunswick

Columbus

14 7 Durham

15A 4 Alamance

15B 5 Orange

Chatham

16A 64 Scotland

~~Hoke~~

Anson

Richmond

16B 5 Robeson

17A 4 Caswell

Rockingham

17B 4 Stokes

Surry

18 14 Guilford

19A 56 Cabarrus

19B 74 Montgomery

~~Moore~~

Randolph

19C 5 Rowan

19D 5 Hoke, Moore

20A 2 Stanly

20B 1 (part of Union

see subsection (b))

20C 2 (part of Union

see subsection (b))

20D 1 Union

21 11 Forsyth

22A 5 Alexander

Iredell

22B 6 Davidson

Davie

23 4 Alleghany

Ashe

Wilkes

Yadkin

24 4 Avery

Madison

Mitchell

Watauga

Yancey

25 910 Burke

Caldwell

Catawba

26 21 Mecklenburg

27A 7 Gaston

27B 6 Cleveland

Lincoln

28 7 Buncombe

29A 34 McDowell

Rutherford

29B 4 Henderson

Polk

Transylvania

30 6 Cherokee

Clay

Graham

Haywood

Jackson

Macon

Swain.

…

(b5) The qualified voters of District 25 shall elect all judges established for District 25 in subsection (a) of this section, but only persons who reside in Catawba County may be candidates for five of the judgeships and only persons who reside in Burke or Caldwell County may be candidates for the remaining judgeships.

(b6) The qualified voters of District 16A shall elect all judges established for District 16A in subsection (a) of this section, but only persons who reside in Richmond County may be candidates for two of the judgeships, only persons who reside in Anson County may be candidates for one of the judgeships, and only persons who reside in Scotland County may be candidates for the remaining judgeship.

…."

SECTION 2.(b) Notwithstanding G.S. 7A‑133(b5), as enacted by this act, upon each of the first three district court judgeship vacancies occurring in District Court District 25 due to death, resignation, removal, or retirement of a person who is a resident of Catawba County holding a judgeship on the effective date of this section shall be filled according to law. However, at the next general election held for that judgeship, only persons who reside in Burke or Caldwell County may be candidates for that district court judgeship and any primary associated with that general election shall also be held accordingly.

SECTION 2.(c) Upon each of the first three district court judgeship vacancies occurring in District Court District 25 due to the death, resignation, removal, or retirement of a person who is a resident of Catawba County holding a judgeship on the effective date of this section, the Director of the Administrative Office of the Courts shall provide written notice of the vacancy to the State Board of Elections and Ethics Enforcement. The State Board of Elections and Ethics Enforcement shall ensure that only persons who reside in Burke or Caldwell County may file as candidates for that district court judgeship at the next general election held for that judgeship.

SECTION 2.(d) The additional judge in District 25, as established by this act, shall take office on January 1, 2021, with an election in 2020 to be held accordingly.

SECTION 2.(e) The additional judge in District 19A, as established by this act, shall take office on January 1, 2021, with an election in 2020 to be held accordingly.

SECTION 2.(f) The additional judge in District 29A, as established by this act, shall take office on January 1, 2021, with an election in 2020 to be held accordingly.

SECTION 3.(a) G.S. 7A‑60 reads as rewritten:

"§ 7A‑60. District attorneys and prosecutorial districts.

(a) The State shall be divided into prosecutorial districts, as shown in subsection (a1) of this section. There shall be a district attorney for each prosecutorial district, as provided in subsections (b) and (c) of this section who shall be a resident of the prosecutorial district for which elected. A vacancy in the office of district attorney shall be filled as provided in Article IV, Sec. 19 of the Constitution.

…

(a1) (Effective January 1, 2019) The counties of the State are organized into prosecutorial districts, and each district has the counties and the number of full‑time assistant district attorneys set forth in the following table:

No. of Full‑Time

Prosecutorial Asst. District

District Counties Attorneys

1 Camden, Chowan, Currituck, 11

Dare, Gates, Pasquotank,

Perquimans

2 Beaufort, Hyde, Martin, 8

Tyrrell, Washington

3 Pitt 12

4 Carteret, Craven, Pamlico 13

5 Duplin, Jones, Onslow, Sampson 19

6 New Hanover, Pender 19

7 Bertie, Halifax, Hertford, 11

Northampton

8 Edgecombe, Nash, Wilson 19

9 Greene, Lenoir, Wayne 14

10 Franklin, Granville, Person 13

Vance, Warren

11 Wake 42

12 Harnett, Lee 11

13 Johnston 10

14 Cumberland 25

15 Bladen, Brunswick, Columbus 14

16 Durham 18

17 Alamance 12

18 Orange, Chatham 10

19 ~~Scotland, Hoke~~ 7

20 Robeson 12

21 Anson, ~~Richmond~~Richmond, Scotland 69

22 Caswell, Rockingham 10

23 Stokes, Surry 8

24 Guilford 34

25 Cabarrus 9

26 Montgomery, Randolph 10

27 Rowan 9

28 Hoke, Moore 59

29 Stanly 5

30 Union 11

31 Forsyth 27

32 Alexander, Iredell 12

33 Davidson, Davie 12

34 Alleghany, Ashe, Wilkes, Yadkin 9

35 Avery, Madison, Mitchell, 8

Watauga, Yancey

36 ~~Burke, Caldwell, Catawba~~ 19

36A Burke, Caldwell 10

36B Catawba 10

37 Mecklenburg 58

38 Gaston 15

39 Cleveland, Lincoln 12

40 Buncombe 14

41 McDowell, Rutherford 8

42 Henderson, Polk, Transylvania 9

43 Cherokee, Clay, Graham, 12

Haywood, Jackson, Macon, Swain.

…."

SECTION 3.(b) The office and term of the district attorney for Prosecutorial District 19 formerly consisting of Hoke and Scotland Counties is terminated upon the expiration of the current term, December 31, 2020. Effective January 1, 2021, District 19 formerly consisting of Hoke and Scotland Counties is reassigned as provided in this section. All open investigations and pending cases for Prosecutorial District 19 formerly consisting of Hoke and Scotland Counties shall be transferred to either District 21 or District 28, as enacted by this section. Hoke County is added to District 28, as enacted by this section, and the total number of ADAs in that district is nine. Scotland County is added to District 21, and the total number of ADAs in that district is nine.

SECTION 3.(c) The office and term of the district attorney for Prosecutorial District 36 formerly consisting of Burke, Caldwell, and Catawba Counties is terminated upon the expiration of the term expiring December 31, 2022. Effective January 1, 2023, District 36 formerly consisting of Burke, Caldwell, and Catawba Counties is reassigned as provided in this section. All open investigations and pending cases for Prosecutorial District 36 formerly consisting of Burke, Caldwell, and Catawba Counties shall be transferred to either District 36A or District 36B, as enacted by this section. Burke and Caldwell Counties are added to District 36A, as enacted by this section, and the total number of ADAs in that district is 10. Catawba County is added to District 36B, and the total number of ADAs in that district is 10.

SECTION 4.(a) G.S. 163A‑1112(a) reads as rewritten:

"(a) Except as provided in this section, each official ballot shall contain all the following elements:

(1) The heading prescribed by the State Board. The heading shall include the term "Official Ballot".

(2) The title of each office to be voted on and the number of votes allowed in each ballot item.

(3) The names of the candidates as they appear on their notice of candidacy filed pursuant to G.S. 163A‑972, 163A‑973, 163A‑974, 163A‑975, 163A‑976, 163A‑977, and 163A‑978, or on petition forms filed in accordance with G.S. 163A‑1005. No title, appendage, or appellation indicating rank, status, or position shall be printed on the official ballot in connection with the candidate's name. Candidates, however, may use the title Mr., Mrs., Miss, or Ms. Nicknames shall be permitted on an official ballot if used in the notice of candidacy or qualifying petition, but the nickname shall appear according to standards adopted by the State Board. Those standards shall allow the presentation of legitimate nicknames in ways that do not mislead the voter or unduly advertise the candidacy. In the case of candidates for presidential elector, the official ballot shall not contain the names of the candidates for elector but instead shall contain the nominees for President and Vice President which the candidates for elector represent. The State Board shall establish a review procedure that local boards of elections shall follow to ensure that candidates' names appear on the official ballot in accordance with this subdivision.

(4) Party designations in partisan ballot items.

(5) A means by which the voter may cast write‑in votes, as provided in G.S. 163A‑1006. No space for write‑ins is required unless a write‑in candidate has qualified under G.S. 163A‑1006 or unless the ballot item is exempt from G.S. 163A‑1006.

(6) Instructions to voters, unless the State Board allows instructions to be placed elsewhere than on the official ballot.

(7) The printed title and facsimile signature of the chair of the county board of elections.

(8) The designation of vacancy sought, if there are two or more vacancies for the office of justice or judge of the courts. The designation shall not be the name or names of any incumbent or other individual but shall be designated as determined by the State Board."

SECTION 4.(b) G.S. 163A‑975 reads as rewritten:

"§ 163A‑975. Notice of candidacy for certain offices to indicate vacancy.

In any primary in which there are two or more vacancies for associate justices for the Supreme Court, two or more vacancies for the Court of Appeals, two or more vacancies for superior or district court judge, or two vacancies for United States Senator from North Carolina, each candidate shall, at the time of filing notice of candidacy, file with the State Board a written statement designating the vacancy to which the candidate seeks nomination. The designation shall not be the name or names of any incumbent or other individual but shall be designated as determined by the State Board. A person seeking election for a specialized district judgeship established under G.S. 7A‑147 shall, at the time of filing notice of candidacy, file with the State Board a written statement designating the specialized judgeship to which the person seeks nomination. Votes cast for a candidate shall be effective only for nomination to the vacancy for which the candidate has given notice of candidacy as provided in this section."

SECTION 4.(c) This section is effective when it becomes law and applies to elections held on or after that date.

SECTION 4.5. G.S. 7A‑47.3 reads as rewritten:

"§ 7A‑47.3. Rotation and assignment; sessions.

(a) To effect the intent of Article IV, Section 11 of the North Carolina Constitution, each regular resident superior court judge may, upon each rotation, be assigned to hold the courts either of one of the districts or of one of the sets of ~~districts, as defined in G.S. 7A‑41.1(a),~~ districts in that judge's judicial division.

(b) All sessions of superior court shall be for an entire county, whether that county comprises or is located in a district or in a set of districts ~~as defined in G.S. 7A‑41.1(a),~~ and at each session all matters and proceedings arising anywhere in the county shall be heard.

(c) In making assignment of the Judges of the Superior Court, the Chief Justice of the Supreme Court shall strive to allow each regular resident superior court judge to be assigned to the district or set of districts from which that regular resident superior court judge was elected or appointed no less than one half of the calendar year.

(d) For purposes of this section, "district or set of districts" shall have the same meaning as in G.S. 7A‑41.1(a)."

SECTION 5. Except as otherwise provided, this act is effective when it becomes law.