GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S D
SENATE DRS35019-LB-10 (11/19)
Short Title: Restore Partisan Judicial Elections. |
(Public) |
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Sponsors: |
Senator Tillman. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to restore judicial elections to a partisan basis.
The General Assembly of North Carolina enacts:
SECTION 1. Subchapter X (Article 25) of Chapter 163 of the General Statutes is repealed.
SECTION 2. 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
Justices of the Supreme Court, Judges of the Court of Appeals
Judges of the superior courts
Judges of the district courts
United States Senators
Members of the House of Representatives of the United States
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. G.S. 163-106(d) reads as rewritten:
"(d) 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 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 of Elections a written statement designating the vacancy to which he seeks nomination. Votes cast for a candidate shall be effective only for his nomination to the vacancy for which he has given notice of candidacy as provided in this subsection."
SECTION 4. 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 files under the provisions of G.S. 163-106 a filing fee for the office he 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 Justices, Judges, and One percent (1%) of the annual salary of
District Attorneys of the General the office sought
Court of Justice
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
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 5. 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 ten percent (10%) 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, District Attorney, judge of the superior court, judge of the district court, 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 6. G.S. 163-111(c)(1) reads as rewritten:
"(c) Procedure for Requesting Second Primary. -
(1) A candidate who is apparently entitled to demand a second primary, according to the unofficial results, for one of the 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,
Lieutenant Governor,
All State executive officers,
Justices, Judges, or District Attorneys of the General Court of Justice,
United States Senators,
Members of the United States House of Representatives,
State Senators in multi-county senatorial districts, and
Members of the State House of Representatives in multi-county representative districts."
SECTION 7. 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
Judge of district court
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
Judge of superior court in a County executive committee
single-county judicial of political party in
district where the district which vacancy occurs;
is the whole county or part provided, in the case of
of the county a superior court judge in a
single-county district where
not all the county is
located in that district,
then in voting, only those
members of the county
executive committee who
reside within the
district shall vote
Judge of superior court in a Appropriate district
multi-county judicial executive committee of
district political party in which
vacancy occurs.
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 which is partly in a multi-county judicial district, in choosing that county's member or members of the judicial 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.
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 8. G.S. 138A-22(d) reads as rewritten:
"(d) A candidate for an
office subject to this Article shall file the statement of economic interest at
the same place and in the same manner as the notice of candidacy for that
office is required to be filed under G.S. 163-106 or G.S. 163-323 within
10 days of the filing deadline for the office the candidate seeks. An
individual who is nominated under G.S. 163-114 after the primary and
before the general election, and an individual who qualifies under
G.S. 163-122 as an unaffiliated candidate in a general election, shall
file a statement of economic interest with the county board of elections of
each county in the senatorial or representative district. An individual
nominated under G.S. 163-114 shall file the statement within three days following
the individual's nomination, or not later than the day preceding the general
election, whichever occurs first. An individual seeking to qualify as an
unaffiliated candidate under G.S. 163-122 shall file the statement of
economic interest with the petition filed under that section. An individual
seeking to have write-in votes counted for that individual in a general
election shall file a statement of economic interest at the same time the
candidate files a declaration of intent under G.S. 163-123. A candidate of
a new party chosen by convention shall file a statement of economic interest at
the same time that the president of the convention certifies the names of its
candidates to the State Board of Elections under G.S. 163-98."
SECTION 9. G.S. 163-22.3 reads as rewritten:
"§ 163-22.3. State Board of Elections littering notification.
At the time an individual files with the State Board of
Elections a notice of candidacy pursuant to G.S. 163-106, 163-112,
163-291, 163-294.2, or 163-323, or 163-294.2, is certified
to the State Board of Elections by a political party executive committee to
fill a nomination vacancy pursuant to G.S. 163-114, is certified to the
State Board of Elections by a new political party as that party's nominee
pursuant to G.S. 163-98, qualifies with the State Board of Elections as an
unaffiliated or write-in candidate pursuant to Article 11 of this Chapter, or
formally initiates a candidacy with the State Board of Elections pursuant to
any statute or local act, the State Board of Elections shall notify the
candidate of the provisions concerning campaign signs in G.S. 136-32 and
G.S. 14-156, and the rules adopted by the Department of Transportation
pursuant to G.S. 136-18."
SECTION 10. G.S. 163-82.10B reads as rewritten:
"§ 163-82.10B. Confidentiality of date of birth.
Boards of elections shall keep confidential the date of birth of every voter-registration applicant and registered voter, except in the following situations:
(1) When a voter has
filed notice of candidacy for elective office under G.S. 163-106, 163-122,
163-123, or 163-294.2, or 163-323, has been nominated as a candidate
under G.S. 163-98 or G.S. 163-114, or has otherwise formally become a
candidate for elective office. The exception of this subdivision does not extend
to an individual who meets the definition of "candidate" only by
beginning a tentative candidacy by receiving funds or making payments or giving
consent to someone else to receive funds or transfer something of value for the
purpose of exploring a candidacy.
(2) When a voter is serving in an elective office.
(3) When a voter has been challenged pursuant to Article 8 of this Chapter.
(4) When a voter-registration applicant or registered voter expressly authorizes in writing the disclosure of that individual's date of birth.
The disclosure of an individual's age does not constitute disclosure of date of birth in violation of this section.
The county board of elections shall give precinct officials access to a voter's date of birth where necessary for election administration, consistent with the duty to keep dates of birth confidential.
Disclosure of a date of birth in violation of this section shall not give rise to a civil cause of action. This limitation of liability does not apply to the disclosure of a date of birth in violation of this subsection as a result of gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable."
SECTION 11. G.S. 163-165.5(3) reads as rewritten:
"§ 163-165.5. Contents of official ballots.
Each official ballot shall contain all the following elements:
…
(3) The names of the
candidates as they appear on their notice of candidacy filed pursuant to
G.S. 163-106 or G.S. 163-323, or on petition forms filed in
accordance with G.S. 163-122. 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 of Elections. 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 of Elections 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.
…."
SECTION 12. G.S. 163-278.100(1) reads as rewritten:
"§ 163-278.100. Definitions.
As used in this Article, the following terms have the following definitions:
(1) The term "candidate-specific communication" means any broadcast, cable, or satellite communication that has all the following characteristics:
a. Refers to a clearly identified candidate for a statewide office or the General Assembly.
b. Is aired in
an even-numbered year after the final date on which a Notice of Candidacy can
be filed for the office, pursuant to G.S. 163-106(c) or
G.S. 163-323, G.S. 163-106(c), and through the day on
which the general election is conducted, excluding the time period set in the
definition for "electioneering communication" in
G.S. 163-278.80(2)b.
c. Is targeted to the relevant electorate.
…."
SECTION 13. G.S. 163-278.110(1) reads as rewritten:
"§ 163-278.110. Definitions.
As used in this Article, the following terms have the following definitions:
(1) The term "candidate-specific communication" means any mass mailing or telephone bank that has all the following characteristics:
a. Refers to a clearly identified candidate for a statewide office or the General Assembly.
b. Is
transmitted in an even-numbered year after the final date on which a Notice of
Candidacy can be filed for the office, pursuant to G.S. 163-106(c) or
G.S. 163-323, G.S. 163-106(c), and through the day on
which the general election is conducted, excluding the time period set in the
definition for "electioneering communication" in
G.S. 163-278.90(2)b.
c. Is targeted to the relevant electorate.
…."
SECTION 14. G.S. 163-1(b) reads as rewritten:
"(b) On Tuesday next after
the first Monday in May preceding each general election to be held in November
for the officers referred to in subsection (a) of this section, there shall be
held in all election precincts within the territory for which the officers are
to be elected a primary election for the purpose of nominating candidates for
each political party in the State for those offices, and nonpartisan
candidates as to offices elected under the provisions of Article 25 of this
Chapter.offices."
SECTION 15. G.S. 163-122(c) is repealed.
SECTION 16. G.S. 163-123(g) reads as rewritten:
"(g) Municipal and
Nonpartisan Elections Excluded. - This section does not apply to municipal
elections conducted under Subchapter IX of Chapter 163 of the General Statutes,
and does not apply to nonpartisan elections.elections except for
elections under Article 25 of this Chapter."
SECTION 17. G.S. 163-278.64(c) reads as rewritten:
"(c) Certification of Candidates. - Upon receipt of a submittal of the record of demonstrated support by a participating candidate, the Board shall determine whether or not the candidate has complied with all the following requirements:
(1) Signed and filed a declaration of intent to participate in this Article.
(2) Submitted a report itemizing the appropriate number of qualifying contributions received from registered voters, which the Board shall verify through a random sample or other means it adopts. The report shall include the county of residence of each registered voter listed.
(3) Filed a valid
notice of candidacy pursuant to Article 25 10 of this Chapter.
Chapter, a valid petition or declaration of intent under Article 11 of this
Chapter, or is nominated under G.S. 163-98.
(4) Otherwise met the requirements for participation in this Article.
The Board shall certify candidates complying with the requirements of this section as soon as possible and no later than five business days after receipt of a satisfactory record of demonstrated support."
SECTION 18. G.S. 163-278.64A is repealed.
SECTION 19. This act becomes effective with respect to primaries and elections held on or after January 1, 2012.