GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 8
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
Corrected Copy 6/5/18
Senate Rules and Operations of the Senate Committee Substitute Adopted 6/6/18
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Short Title: Judicial Elections Changes. |
(Public) |
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Sponsors: |
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Referred to: |
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April 11, 2017
A BILL TO BE ENTITLED
AN ACT TO REVISE THE JUDICIAL DIVISIONS; 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
SecondFirst 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))
SecondFirst 8A Lenoir
and Greene 1
SecondFirst 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))
FourthThird 11A Harnett, 1
Lee
FourthThird 11B Johnston 1
FourthSecond 12A (part
of Cumberland, 1
see subsection (b))
FourthSecond 12B (part
of Cumberland, 1
see subsection (b))
FourthSecond 12C (part
of Cumberland, 2
see subsection (b))
FourthSecond 13A Bladen,
Columbus 1
FourthSecond 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
FourthSecond 16A Anson,
Richmond, 2
Scotland, Hoke
FourthSecond 16B Robeson 2
FifthThird 17A Caswell,
Rockingham 3
FifthFourth 17B Stokes,
Surry 2
FifthThird 18A (part
of Guilford, 1
see subsection (b))
FifthThird 18B (part
of Guilford, 1
see subsection (b))
FifthThird 18C (part
of Guilford, 1
see subsection (b))
FifthThird 18D (part
of Guilford, 1
see subsection (b))
FifthThird 18E (part
of Guilford, 1
see subsection (b))
SixthFourth 19A Cabarrus 1
FifthThird 19B Montgomery,
Randolph 1
SixthFourth 19C Rowan 1
FourthThird 19D Moore 1
SixthFourth 20A Stanly 1
SixthFourth 20B Union 2
FifthFourth 21A (part
of Forsyth, 1
see subsection (b))
FifthFourth 21B (part
of Forsyth, 1
see subsection (b))
FifthFourth 21C (part
of Forsyth, 1
see subsection (b))
FifthFourth 21D (part
of Forsyth, 1
see subsection (b))
SixthFourth 22A Alexander,
Iredell 2
SixthFourth 22B Davidson,
Davie 2
FifthFourth 23 Alleghany,
Ashe, 1
Wilkes, Yadkin
EighthFifth 24 Avery,
Madison, 2
Mitchell,
Watauga, Yancey
SeventhFifth 25A Burke,
Caldwell 2
SeventhFifth 25B Catawba 2
SeventhFourth 26A (part
of Mecklenburg, 2
see subsection (b))
SeventhFourth 26B (part
of Mecklenburg, 3
see subsection (b))
SeventhFourth 26C (part
of Mecklenburg, 2
see subsection (b))
SeventhFifth 27A Gaston 2
SeventhFifth 27B Cleveland,
Lincoln 2
EighthFifth 28 Buncombe 2
EighthFifth 29A McDowell, 1
Rutherford
EighthFifth 29B Henderson,
Polk, 1
Transylvania
EighthFifth 30A Cherokee,
Clay, 1
Graham, Macon,
Swain
EighthFifth 30B Haywood,
Jackson 1."
SECTION 1.(b) This section becomes effective July 1, 2018.
SECTION 2. If Senate Bill 757, 2018 Regular Session, becomes law, then Section 1(c) of that act reads as rewritten:
"SECTION 1.(c) In order to implement the
superior court districts as enacted by this section, in 2018 and every eight
years thereafter, elections shall be conducted for Districts 5A, 5B,
26C, 26E, 26F, and 26H; in 2020 and every eight years thereafter, elections
shall be conducted for District 26A; and in 2022 and every eight years
thereafter, elections shall be conducted for Districts 26B, 26D, and 26G; and
in 2024 and every eight years thereafter, elections shall be conducted for District
5C.Districts 5A and 5C."
SECTION 3.(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, for any vacancy 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 3.(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 3.(c) This section is effective when it becomes law and applies to elections held on or after that date.
SECTION 4. 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.