GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 536

Short Title:  Council of State Vacancies.	(Public)
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Sponsors: Representative Blue.
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Referred to:  Government.
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March 13, 1989

A BILL TO BE ENTITLED
AN ACT TO AMEND THE CONSTITUTION AND GENERAL STATUTES BY MAKING THE SAME PROVISIONS FOR FILLING VACANCIES IN THE COUNCIL OF STATE, OTHER THAN FOR GOVERNOR, AS IS PROVIDED FOR VACANCIES IN THE GENERAL ASSEMBLY.
The General Assembly of North Carolina enacts:
Section 1.  Section 7(3) of Article III of the Constitution of North Carolina reads as rewritten:
"(3)	Vacancies.  If the office of any of these officers  or the office of Lieutenant Governor is vacated by death, resignation, or otherwise, the vacancy shall be filled in the manner prescribed by law until his successor is elected and qualified.  Every 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 term fixed in this Section.  When a vacancy occurs in the office of any of the officers named in this Section or in the office of Lieutenant Governor and the term expires on the first day of January succeeding the next election for members of the General Assembly which occurs more than 60 days after the vacancy has taken place, the vacancy shall be filled in the manner prescribed by law for the remainder of the unexpired term of the office."
Sec. 2.  Section 14(1) of Article II of the Constitution of North Carolina reads as rewritten:
	"(1) President Pro Tempore - succession to presidency.  The Senate shall elect from its membership a President Pro Tempore, 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, or until the vacancy in the office of Lieutenant Governor is filled, whichever occurs first."
Sec. 3.  The amendments set out in Sections 1 and 2 of this act shall be submitted to the qualified voters of the State at the general election in November 1990, which election shall be conducted under the laws then governing elections in the State. At that election, each qualified voter desiring to vote shall be provided a ballot on which shall be printed the following:
"[ ]	FOR constitutional amendments making the same provisions for filling vacancies in the Council of State, other than for Governor, as is provided for vacancies in the General Assembly.
[ ]	AGAINST constitutional amendments making the same provisions for filling vacancies in the Council of State, other than for Governor, as is provided for vacancies in the General Assembly."
	Those qualified voters favoring the amendments set out in Section 1 and 2 of this act shall vote by making an X or a check mark in the square beside the statement beginning "FOR", and those qualified voters opposed to those amendments shall vote by making an X or check mark in the square beside the statement beginning "AGAINST".
	Notwithstanding the foregoing provisions of this section, voting machines may be used in accordance with rules and regulations prescribed by the State Board of Elections.
Sec. 4.  If a majority of votes cast thereon are in favor of the amendments set out in Section 1 and 2 of this act, the State Board of Elections shall certify the amendments to the Secretary of State, who shall enroll the amendments so certified among the permanent records of his office, and the amendments shall become effective upon such certification, and shall apply to any vacancies occurring on or after that date.
Sec. 5.  G.S. 163-8 reads as rewritten:
"§ 163-8.  Filling vacancies in State executive offices.
If the office of Governor shall become vacant, the provisions of G.S. 147-11.1 shall apply. If the office of any of the following officers shall be vacated by death, resignation, or otherwise than by expiration of term, it shall be the duty of the Governor to appoint another to serve until his successor is elected and qualified: Lieutenant Governor, Secretary of State, Auditor, Treasurer, Superintendent of Public Instruction, Attorney General, Commissioner of Agriculture, Commissioner of Labor, and Commissioner of Insurance. 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: Provided, that when a vacancy occurs in any of the offices named in this section and the term expires on the first day of January succeeding the next election for members of the General Assembly which occurs more than 60 days after the vacancy has taken place, the Governor shall appoint to fill the vacancy for the unexpired term of the office.  In making any appointment under this section, if a person was elected to that office as the nominee of a political party, the Governor shall immediately appoint the person recommended by the State executive committee of the political party of which the officer was the nominee and with which the officer was affiliated when elected.
Upon the occurrence of a vacancy in the office of any one of these officers for any of the causes stated in the preceding paragraph, the Governor may appoint an acting officer for a period not to exceed 30 days or until the expiration of the term, whichever comes first, to perform the duties of that office until a person is appointed or elected pursuant to this section and Article III, Section 7 of the State Constitution, to fill the vacancy and is qualified."
Sec. 6.  Section 5 of this act shall only become effective if the constitutional amendments proposed by Sections 1 and 2 of this act are approved by the voters.
Sec. 7.  This act is effective upon ratification.