GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 219

Short Title:  Appointive Judges Statute.	(Public)
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Sponsors: Senators Winner, Bryan, and Daniel.
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Referred to:  Constitution.
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February 21, 1989

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR APPOINTMENT OF JUDGES BY THE GOVERNOR SUBJECT TO THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO PROVIDE FOR THE RECONFIRMATION OF SITTING JUDGES BY THE GENERAL ASSEMBLY AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO MOVE FROM AN ELECTIVE TO AN APPOINTIVE SYSTEM.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 7A of the General Statutes is amended by adding a new Article to read:
“Article 1A.
"Appointment, Confirmation and Reconfirmation of Justices and Judges.
"§ 7A-5.  Appointment of Justices and Judges by Governor and confirmation by General Assembly.
(a)	When a new judgeship on the Supreme Court, Court of Appeals, Superior Court or District Court is created, the Governor shall within 90 days after the act creating the judgeship becomes law nominate a person to serve in the judgeship.  Unless otherwise provided, the nominee shall be subject to confirmation by the Senate and the House of Representatives in the first regular session held in an odd-numbered year convening after the judgeship is created.
(b)	When a vacancy occurs in the office of Chief Justice of the Supreme Court, Associate Justice of the Supreme Court, Judge of the Court of Appeals, Judge of the Superior Court, and Judge of the District Court, the Governor shall nominate a person to fill the vacancy.  If the vacancy occurs because the holder of the office indicates that he will not seek reconfirmation at the end of his term, the Governor must submit his nomination to the General Assembly by February 1 of the year after that intention is made known.  If the vacancy occurs for any other reason, the Governor must submit his nomination to the General Assembly no later than 90 days after the vacancy is created.
(c)	Nominees are subject to confirmation by the Senate and by the House of Representatives by majority vote of each house.  If the nominee is filling a vacancy to be created at the end of a term and his nomination is the first such nomination for that office, the nomination is subject to confirmation during the regular session held in an odd-numbered year after the holder of the office indicates his intention not to seek reconfirmation.  All other nominations shall be subject to confirmation during the first such session conducted after the nomination is submitted unless it is submitted during such a session but after April 1.  Nominations submitted during such a session and after April 1 may be considered for confirmation in that session by the General Assembly, but if the nomination is not considered, it shall be subject to confirmation at the next regular session held in an odd-numbered year.  Failure of the nomination to receive a majority vote in either house during the session in which the nomination is submitted constitutes a failure to confirm and creates a vacancy in the office to be filled as provided in this section, unless the nomination is submitted after April 1 during such a session and no vote is taken in either house.  A nominee confirmed by both the Senate and House of Representatives shall be appointed by the Governor for an initial term of four years, to begin on September 1 in the year in which he is confirmed.  For the purpose of this subsection, a session ends when it adjourns or recesses for more than 30 days, or adjourns sine die, whichever comes first.
(d)	In addition to any other lawful requirement for service as a Justice or Judge, a nominee, to be eligible to be nominated for any judgeship shall be a registered voter in this State, and if the judgeship requires residence in a district, shall have been a resident for the six months immediately preceding the date on which he is nominated.
(e)	The Governor, in making nominations, shall make reasonable efforts to ensure that his nominees are broadly representative of the people of this State.
"§ 7A-6.  Service by nominee pending confirmation.
A nominee for a vacancy for a judgeship listed in G.S. 7A-5(b)	may begin service in the office upon being nominated if there is an actual vacancy in the office.  If the nominee is not confirmed, as provided in G.S. 7A-5(c), his eligibility to serve is terminated on the date of any negative vote, or if the confirmation fails because of a failure to vote in one or both houses, on the adjournment date of the session.  The provisions of Article VI, Section 10 of the North Carolina Constitution are not applicable to nominees who are not confirmed by the General Assembly.  For the purpose of this section, the adjournment date is the date the session adjourns or recesses for more than 30 days, or adjourns sine die, whichever comes first.
"§ 7A-7.  Reconfirmation procedure.
(a)	Any Justice or Judge, to be eligible to be reconfirmed, shall by November 1 in the year immediately preceding the year in which  his term expires, file a written declaration of his intent to seek reconfirmation.  The declaration shall be filed with the Governor.  The Governor shall promptly notify the General Assembly and the Judicial Standards Commission of his receipt of the declaration.  Failure to file the declaration in a timely manner results in the creation of a vacancy in the office at the expiration of the term.  A Justice or Judge may indicate in writing to the Governor that he does not intend to seek reconfirmation, and the filing of that intention creates a vacancy in the office at the expiration of the term, unless the Justice or Judge leaves office at an earlier date.
(b)	The Judicial Standards Commission, upon receipt of a Justice's or Judge's written declaration of his intent to seek confirmation, shall investigate the Judge's performance as a Justice or Judge to determine if it should recommend that he be reconfirmed.  The Commission shall conduct a public hearing to allow comment from interested persons on the Justice's or Judge's fitness to continue in office.  Documents prepared or received in the course of the investigation are confidential and not subject to public inspection without the consent of the Justice or Judge, notwithstanding the provisions of Chapter 132 of the General Statutes.  The investigation shall include an evaluation of the Justice's or Judge's ethical conduct, his knowledge of and application of the law, his management of the courts over which he has presided, his work habits, his health, his judicial demeanor, and any other matter that the Commission determines to be relevant to its inquiry.  The Judge shall be given an opportunity to present to the Commission any information he determines to be appropriate.  The Commission's recommendation shall be by majority vote.
(c)	If a member of the Commission is seeking to be reconfirmed, he shall recuse himself from any deliberation or investigation related to his reconfirmation.
(d)	No later than 30 days after the convening of the General Assembly in the year following the filing of a Justice's or Judge's intent to seek reconfirmation, the commission shall report to the General Assembly as to whether it recommends that the Justice or Judge be reconfirmed.  A two-thirds majority in both the Senate and the House of Representatives shall be necessary to reject the recommendation of the Commission.  If either house fails to vote on the report of the Commission during the session in which it is submitted, the recommendation of the Commission shall be deemed to have been approved by the General Assembly.  For the purpose of this subsection, a session ends when it adjourns or recesses for more than 30 days, or adjourns sine die, whichever comes first.
(e)	A Justice or Judge reconfirmed by the General Assembly serves an eight-year term, to begin at the expiration of the term he is serving at the time of reconfirmation.  If the General Assembly does not reconfirm a Justice or Judge, either by a negative vote or by failing to vote on a negative recommendation of the Commission, a vacancy in that office is created at the expiration of the term.  The provisions of Article VI, Section 10 of the North Carolina Constitution are not applicable to Justices or Judges who are not reconfirmed by the General Assembly.
"§ 7A-8.  Governor to issue commissions to Justices and Judges.
Every person duly appointed by the Governor as a Justice or Judge, and every Justice or Judge duly reconfirmed by the General Assembly shall procure from the Governor a commission attesting that fact, which the Governor shall issue upon receipt of a certification by the principal clerks of the Senate and House of Representatives that the person has been confirmed or reconfirmed by the house in which the clerk serves.  The principal clerk of the Senate and the principal clerk of the House of Representatives shall promptly certify the results to the Governor of any judicial confirmation and reconfirmation votes taken in their respective houses.  The Secretary of State shall inform the Governor whenever the General Assembly adjourns or recesses for more than 30 days, or adjourns sine die.
"§ 7A-9.  Transitional provisions for judges in office on effective date of Article.
(a)	Any Justice or Judge holding a judgeship on January 15, 1990, that on January 14, 1990, is required by law to be filled by election shall be subject to the reconfirmation procedures in G.S. 7A-7, and to the provisions of subsections (b) and (c) below, to retain his office.
(b)	A Justice or Judge covered by the provisions of subsection (a) who, at the end of his term of office has at least four years of service in the office he is holding on January 15, 1990, shall be subject to the reconfirmation process during the first regular session convening in an odd-numbered year after the term expires.  Terms of such Justices and Judges are extended until August 31 of the year following the year in which the term would have normally expired.
(c)	A Justice or Judge covered by the provisions of subsection (a) who, at the end of his term of office has less than four years in the office he is holding on January 15, 1990, shall be subject to the reconfirmation process in the first regular session convening in an odd-numbered year after he would have four years in service in that office, if continued in office past the expiration of his term.  Terms of office of such Justices and Judges shall be extended until August 31 of the year in which a reconfirmation decision is made by the General Assembly."
Sec. 2. G.S. 7A-10(a) reads as rewritten:
"(a)	The Supreme Court shall consist of a Chief Justice and six associate justices, selected as provided by Article 1A of this Chapter. Before entering upon the duties of his office, each justice shall take an oath of office. Four justices shall constitute a quorum for the transaction of the business of the court. Sessions of the court shall be held in the city of Raleigh, and scheduled by rule of court so as to discharge expeditiously the court's business."
Sec. 3.  G.S. 7A-16 reads as rewritten:
"§ 7A-16. Creation and organization.
The Court of Appeals shall consist of 12 judges, selected as provided in Article 1A of this Chapter.  The Chief Justice of the Supreme Court shall designate one of the Judges as Chief Judge, to serve in such capacity at the pleasure of the Chief Justice.  Before entering upon the duties of his office, a judge of the Court of Appeals shall take the oath of office prescribed for a judge of the General Court of Justice.
The Court of Appeals shall sit in panels of three judges each. The Chief Judge insofar as practicable shall assign the members to panels in such fashion that each member sits a substantially equal number of times with each other member. He shall preside over the panel of which he is a member, and shall designate the presiding judge of the other panel or panels.
Three judges shall constitute a quorum for the transaction of the business of the court, except as may be provided in G.S. 7A-32.
In the event the Chief Judge is unable, on account of absence or temporary incapacity, to perform the duties placed upon him as Chief Judge, the Chief Justice shall appoint an acting Chief Judge from the other judges of the Court, to temporarily discharge the duties of Chief Judge."
Sec. 4.  G.S. 7A-41(d) is repealed.
Sec. 5.  G.S. 7A-140 reads as rewritten:
"§ 7A-140. Number; election; term; qualification; oath.
There shall be at least one district judge for each district. Each district judge shall be selected as provided by Article 1A of this Chapter.  The number of judges for each district shall be determined by the General Assembly. Each judge shall be a resident of the district for which selected.
Each district judge shall devote his full time to the duties of his office. He shall not practice law during his term, nor shall he during such term be the partner or associate of any person engaged in the practice of law.
Before entering upon his duties, each district judge, in addition to other oaths prescribed by law, shall take the oath of office prescribed for a judge of the General Court of Justice.”
Sec. 6.  G.S. 7A-142 is repealed.
Sec. 7.  G.S. 7A-147 reads as rewritten:
"§ 7A-147. Specialized judgeships.
		(c)	The policy of the State is to encourage specialization in juvenile cases by district court judges who are qualified by training and temperament to be effective in relating to youth and in the use of appropriate community resources to meet their needs. The Administrative Office of the Courts is therefore authorized to encourage judges who hear juvenile cases to secure appropriate training whether or not they were elected to a specialized judgeship as provided herein. Such training shall be provided within the funds available to the Administrative Office of the Courts for such training, and judges attending such training shall be reimbursed for travel and subsistence expenses at the same rate as is applicable to other State employees.
The Administrative Office of the Courts shall develop a plan whereby a district court judge may be better qualified to hear juvenile cases by reason of training, experience, and demonstrated ability. Any district court judge who completes the training under this plan shall receive a certificate to this effect from the Administrative Office of the Courts. In districts where there is a district court judge who has completed this training as herein provided, the chief district judge shall give due consideration in the assignment of such cases where practical and feasible."
Sec. 8.  G.S. 163-106 reads as rewritten:
"§ 163-106. Notices of candidacy; pledge; with whom filed; date for filing; withdrawal.
(a)	Notice and Pledge. – No one shall be voted for in a primary election unless he shall have filed a notice of candidacy with the appropriate board of elections, State or county, as required by this section. To this end every candidate for selection as the nominee of a political party shall file with and place in the possession of the board of elections specified in subsection (c) of this section, a notice and pledge in the following form:
‘Date
I hereby file notice as a candidate for nomination as ............ in the .......... party primary election to be held on ........, 19..... I affiliate with the .......... party, (and I certify that I am now registered on the registration records of the precinct in which I reside as an affiliate of the .......... party.)
I pledge that if I am defeated in the primary, I will not run for any office as a write-in candidate in the next general election.
Signed 
Name of candidate
Witness:
......................................
......................................
(Title of witness)'
Each candidate shall sign his notice of candidacy in the presence of the chairman or secretary of the board of elections, State or county, with which he files. In the alternative, a candidate may have his signature on the notice of candidacy acknowledged and certified to by an officer authorized to take acknowledgments and administer oaths, in which case the candidate may mail his notice of candidacy to the appropriate board of elections.
In signing his notice of candidacy the candidate shall use only his legal name and, in his discretion, any nickname by which he is commonly known. A candidate may also, in lieu of his legal first name and legal middle initial or middle name (if any) sign his nickname, provided that he appends to the notice of candidacy an affidavit that he has been commonly known by that nickname for at least five years prior to the date of making the affidavit. The candidate shall also include with the affidavit the way his name (as permitted by law) should be listed on the ballot if another candidate with the same last name files a notice of candidacy for that office.
A notice of candidacy signed by an agent or any person other than the candidate himself shall be invalid.
Prior to the date on which candidates may commence filing, the State Board of Elections shall print and furnish, at State expense, to each county board of elections a sufficient number of the notice of candidacy forms prescribed by this subsection for use by candidates required to file with county boards of elections.
(b) Eligibility to File. – No person shall be permitted to file as a candidate in a primary if, at the time he offers to file notice of candidacy, he is registered on the appropriate registration book or record as an affiliate of a political party other than that in whose primary he is attempting to file. No person who has changed his political party affiliation or who has changed from unaffiliated status to party affiliation as permitted in G.S. 163-74(b), shall be permitted to file as a candidate in the primary of the party to which  he changed unless he has been affiliated with the political party in which he seeks to be a candidate for at least 90 days prior to the filing date for the office for which he desires to file his notice of candidacy.
A person registered as ‘unaffiliated' shall be ineligible to file as a candidate in a party primary election.
(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 first Monday in January and no later than 12:00 noon on the first Monday 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
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 first Monday in January and no later than 12:00 noon on the first Monday in February preceding the primary:
State Senators
Members of the State House of Representatives
All county offices.
(d) Notice of Candidacy for Certain Offices to Indicate Vacancy. – In any primary in which there are two vacancies for United States Senator from North Carolina to be filled by nominations, 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.
(e) Withdrawal of Notice of Candidacy. – Any person who has filed notice of candidacy for an office shall have the right to withdraw it at any time prior to the date on which the right to file for that office expires under the terms of subsection (c) of this section. If a candidate does not withdraw before the filing deadline, except as provided in G.S. 163-112, his name shall be printed on the primary ballot, any votes for him shall be counted, and he shall not be refunded his filing fee.
(f) Candidates required to file their notice of candidacy with the State Board of Elections under subsection (c) of this section shall file along with their notice a certificate signed by the chairman of the board of elections or the supervisor of elections of the county in which they are registered to vote, stating that the person is registered to vote in that county, stating the party with which the person is affiliated, and that the person has not changed his affiliation from another party or from unaffiliated within three months prior to the filing deadline under subsection (c) of this section. In issuing such certificate, the chairman or supervisor shall check the registration records of the county to verify such information. During the period commencing 36 hours immediately preceding the filing deadline the State Board of Elections shall accept, on a conditional basis, the notice of candidacy of a candidate who has failed to secure the verification ordered herein subject to receipt of verification no later than three days following the filing deadline. The State Board of Elections shall prescribe the form for such certificate, and distribute it to each county board of elections no later than the last Monday in December of each odd-numbered year.
(g) When any candidate files a notice of candidacy with a county board of elections under subsection (c) of this section or under G.S. 163-291(2), the chairman or supervisor of elections shall, immediately upon receipt of the notice of candidacy, inspect the registration records of the county, and cancel the notice of candidacy of any person who is not eligible under subsection (c) of this section. The Board shall give notice of cancellation to any candidate whose notice of candidacy has been cancelled under this subsection by mail or by having the notice served on him by the sheriff.
(h) No person may file a notice of candidacy for more than one office described in subsection (c) of this section for any one election. If a person has filed a notice of candidacy with a board of elections under this section for one office, then a notice of candidacy may not later be filed for any other office under this section when the election is on the same date unless the notice of candidacy for the first office is withdrawn under subsection (e) of this section; provided that this subsection shall not apply unless the deadline for filing notices of candidacy for both offices is the same. Notwithstanding this subsection, a person may file a notice of candidacy for a full term as United States Senator, and also file a notice of candidacy for the remainder of the unexpired term of that same seat in an election held under G.S. 163-12, and may file a notice of candidacy for a full term as a member of the United States House of Representatives, and also file a notice of candidacy for the remainder of the unexpired term in an election held under G.S. 163-13.
"
Sec. 9.  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 
Lieutenant Governor  salary of the office 
sought
All State executive offices  One percent (1%) of the annual 
salary of the office 
All sought
District Attorneys of the  One percent (1%) of the annual 
General Court of Justice salary of the office 
United States Senator sought
One percent (1%) of the annual 
Members of the United States  salary of the office 
House of Representatives sought
State Senator
One percent (1%) of the annual 
salary of the office 
sought
One percent (1%) of the annual 
salary of the office 
sought
One percent (1%) of the annual 
salary of the office 
sought

Member of the State House of 		One percent (1%) of the annual 
Representatives salary of the office 
All county offices not  sought
compensated by fees One percent (1%) of the annual 
County commissioners, if  salary of the office 
compensated entirely by  sought
fees Ten dollars ($10.00)
Members of county board of 
Education, if compensated  Five dollars ($5.00)
entirely by fees
Sheriff, if compensated 
entirely by fees Forty dollars($40.00), plus 
one percent (1%) of the 
income of the office above 
Clerk of superior court, if  four thousand dollars 
compensated entirely by  ($4,000)
fees Forty dollars ($40.00), plus 
one percent (1%) of the 
income of the office above 
Register of deeds, if  four thousand dollars 
compensated entirely by  ($4,000)
Fees Forty dollars ($40.00), plus 
one percent (1%) of the 
income of the office above 
Any other county office, if  four thousand dollars 
compensated entirely by  ($4,000)
fees Twenty dollars ($20.00), plus 
one percent (1%) of the 
income of the office above 
All county offices  two thousand dollars 
compensated partly by  ($2,000)
salary and partly by fees One percent (1%) of the first 
annual salary to be 
received (exclusive of 
fees)"

Sec. 10.  G.S. 163-107.1 reads as rewritten:
"§ 163-107.1. Petition in lieu of payment of filing fee.
(a)	Any qualified voter who seeks nomination in the party primary of the political party with which he affiliates may, in lieu of payment of any filing fee required for the office he seeks, file a written petition requesting him to be a candidate for a specified office with the appropriate board of elections, State, county or municipal.
(b)	If the candidate is seeking the office of United States Senator, Governor, Lieutenant Governor, any State executive officer, the petition must be signed by 10,000 registered voters who are members of the political party in whose primary the candidate desires to run, except that in the case of a political party as defined by G.S. 163-96(a)(2) which will be making nominations by primary election, the petition must be signed by ten percent (10%) of the registered voters of the State 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 10,000 registered voters regardless of the voter's political party affiliation, whichever requirement is greater. The petition must be filed with the State Board of Elections not later than 12:00 noon on Monday preceding the filing deadline before the primary in which he seeks to run. The names on the petition shall be verified by the board of elections of the county where the signer is registered, and the petition must be presented to the county board of elections at least 15 days before the petition is due to be filed with the State Board of Elections. When a proper petition has been filed, the candidate's name shall be printed on the primary ballot.
(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, or 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.
(d)	Nonpartisan Primaries and Elections. – Any qualified voter who seeks to be a candidate in any nonpartisan primary or election may, in lieu of payment of the filing fee required, file a written petition signed by ten percent (10%) of the registered voters in the election area in which the office will be voted for with the appropriate board of elections. Any qualified voter may sign the petition. The petition shall state the candidate's name, address and the office which he is seeking. The petition must be filed with the appropriate board of elections no later than 60 days prior to the filing deadline for the primary or election, and if found to be sufficient, the candidate's name shall be printed on the ballot."
Sec. 11.  G.S. 163-108(b) reads as rewritten:
"(b)	No later than 10 days after the time for filing notices of candidacy under the provisions of G.S. 163-106(c) has expired, the chairman of the State Board of Elections shall certify to the chairman of the county board of elections in each county in the appropriate district the names of candidates for nomination to the office of District Attorney who have filed the required notice and pledge and paid the required filing fee to the State Board of Elections, so that their names may be printed on the official county ballots."
Sec. 12.  G.S. 163-109 reads as rewritten:
"§ 163-109. Primary ballots; printing and distribution.
(a)	General. – In primary elections there shall be as many kinds of official State, district, and county ballots as there are legally recognized political parties, members of which have filed notice of their candidacy for nomination. The ballots for each political party shall be printed to conform to the requirements of G.S. 163-140(c) and to show the party's name, the name of each party member who has filed notice of candidacy, and the office for which each aspirant is a candidate.
Only those who have filed the required notice of candidacy and pledge with the proper board of elections, and who have paid the required filing fee, shall have their names printed on the official ballots of the political party with which affiliated.
(b)	Ballots to Be Furnished by State Board of Elections. – It shall be the duty of the State Board of Elections to print official ballots for each political party having candidates for the following offices to be voted for in the primary:
United States Senator,
Member of the House of Representatives of the United States Congress,
Governor, and
All other State offices, except district attorney.
In its discretion, the State Board of Elections may print separate primary ballots for each of these offices, or it may combine some or all of them on a single ballot.
At least 60 days before the date of the primary, the State Board of Elections shall deliver a sufficient number of these ballots to each county board of elections. The chairman of the county board of elections shall furnish the chairman of the State Board of Elections with a written receipt for the ballots delivered to him within two days after their receipt.
(c)	Ballots to Be Furnished by County Board of Elections. – It shall be the duty of the county board of elections to print official ballots for each political party having candidates for the following offices to be voted for in the primary:
	District attorney,
State Senator,
Member of the House of Representatives of the General Assembly, and
All county offices.
In printing primary ballots, the county board of elections shall be governed by instructions of the State Board of Elections with regard to width, color, kind of paper, form, and size of type.
In its discretion, the county board of elections may print separate primary ballots for the district and county offices listed in this subsection, or it may combine some or all of them on a single ballot. In a primary election, if there shall be 10 or more candidates for nomination to any one office, the county board of elections in its discretion may prepare a separate ballot for said office.
Three days before the primary election, the chairman of the county  board of elections shall distribute official State, district, and county ballots to the registrar of each precinct in his county, and the registrar shall give him a receipt for the ballots received. On the day of the primary it shall be the registrar's duty to have all the ballots delivered to him available for use at the precinct voting place."
Sec. 13.  G.S. 163-111(c) 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 or by telegram with the Executive Secretary-Director of the State Board of Elections no later than 12:00 noon on the seventh 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 Secretary-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,
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.
(2)	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 or by telegram with the chairman or supervisor of the county board of elections no later than 12:00 noon on the seventh 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 county board of elections:
State Senators in single-county senatorial districts,
Members of the State House of Representatives in single-county representative districts, and
All county officers.
(3)	Immediately upon receipt of a request for a second primary the appropriate board of elections, State or county, shall notify all candidates entitled to participate in the second primary, by telephone followed by written notice, that a second primary has been requested and of the date of the second primary."
Sec. 14. 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                      │  Vacancy is to be filled by 
  Any elective State office     │    appointment of State 
  United States Senator         │    executive committee of 
                                │    political party in which 
                                │    vacancy occurs 
                                │ 
  A district office, including: │ 
  Member of the United States   │ 
    House of Representatives    │ 
  │ 
  │  Appropriate district executive 
  District Attorney             │    committee of political party 
  State Senator in a multi-     │    in which vacancy occurs 
    county senatorial district  │ 
  Member of State House of      │ 
    Representatives in a multi- │ 
    county representative       │ 
    district                    │ 
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  State Senator in a single-    │  County executive committee 
    county senatorial district  │    of political party in which 
  Member of State House of      │    vacancy occurs, provided, in 
    Representatives in a        │    the case of the State 
    single-county               │    Senator or State 
    representative district     │    Representative in a 

  Any elective county office    │    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 
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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, charged with the duty of printing the ballots on which the name is to appear. If at the time a nomination is made under this section the general election ballots have already been printed, the provisions of G.S. 163-139 shall apply. If any person nominated as a candidate of a political party vacates such nomination and such 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 90 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.”
Sec. 15.  G.S. 163-140(a) reads as rewritten:
(a)	Kinds of General Election Ballots; Right to Combine. – For purposes of general elections, there shall be seven kinds of official ballots entitled:
(1)	Ballot for presidential electors
(2)	Ballot for United States Senator
(3)	Ballot for member of the United States House of Representatives
(4)	State ballot
(5)	County ballot
(7)	Ballot for constitutional amendments and other propositions submitted to the people.
Use of official ballots shall be limited to the purposes indicated by their titles. The printing on all ballots shall be plain and legible but, unless large type is specified by this section, type larger than 10-point shall not be used in printing ballots. All general election ballots shall be prepared in such a way as to leave sufficient blank space beneath each name printed thereon in which a voter may conveniently write the name of any person for whom he may desire to vote.
Unless prohibited by this section, the board of elections, State or county, charged by law with printing ballots may, in its discretion, combine any two or more official ballots. Whenever two or more ballots are combined, the voting instructions for the State ballot set out in subsection (b)(4) of this section shall be used, except that if the two ballots being combined do not contain a multi-seat race, then the second sentence of instruction b shall not appear on the ballot.
."
Sec. 15.1.  G.S. 163-140(b)(4) reads as rewritten:
"(4)	State Ballot: Beneath the title and general instructions set out in this subsection, the ballot for single-seat contests for State officers, and for all State officers where mechanical voting machines are used shall be divided into parallel columns separated by distinct black lines. The State Board of Elections shall assign a separate column to each political party having candidates for State offices and  one to unaffiliated candidates, if any. At the head of each party column the party's name shall be printed in large type, and at the head of the column for unaffiliated candidates shall be printed in large type the words ‘Unaffiliated Candidates.' Below the party name in each column shall be printed a circle, one-half inch in diameter, around which shall be plainly printed the following instruction: ‘For a straight ticket, mark within this circle.' With distinct black lines, the State Board of Elections shall divide the columns into horizontal sections and, in the customary order of office, assign a separate section to each office or group of offices to be filled. On a single line at the top of each section shall be printed a direction as to the number of candidates for whom a vote may be cast. If candidates are to be chosen for different terms to the same office, the term in each instance shall be printed as part of the title of the office.
The name or names of each political party's candidate or candidates for each office listed on the ballot shall be printed in the appropriate office section of the proper party column, and the names of unaffiliated candidates shall be printed in the appropriate office section of the column headed ‘Unaffiliated Candidates.' At the left of each name shall be printed a voting square, and in each column all voting squares shall be arranged in a perpendicular line.
On the face of the ballot, above the party and unaffiliated column division, the following instructions shall be printed in heavy black type:
‘a. 	To vote for all candidates of one party (a straight ticket), make a cross (X) mark in the circle of the party for whose candidates you wish to vote.
b.	You may vote a split ticket by marking a cross (X) mark in the party circle and then making a cross (X) mark in the square opposite the name of the candidate(s) of a different party for whom you wish to vote.  In any multi-seat race where a party circle is marked and you vote for candidates of another party, in order for your vote to count for any candidates for that office of the party for which you marked the party circle you must make a  cross (X) mark opposite the name of those candidate(s).
c. 	You may also vote a split ticket by not marking a cross (X) mark in the party circle, but by making a cross (X) mark in the square opposite the name of each candidate for whom you wish to vote.
d. 	If you tear or deface or wrongly mark this ballot, return it and get another.'
On the bottom of the ballot shall be printed an identified facsimile of the signature of the Chairman of the State Board of Elections.  If the State ballot contains no multi-seat race, then the second sentence of instruction b. shall not appear on the ballot."
Sec. 15.2.  G.S. 163-140(b)(5) reads as rewritten:
"(5)	County Ballot: Beneath the title and general instructions set out in this subsection, the ballot for single-seat contests for county officers (including district attorney for the prosecutorial district in which the county is situatedand members of the General Assembly in the senatorial and representative districts in which the county is situated), and for all county offices where mechanical voting machines are used, shall be divided into parallel columns separated by distinct black lines. The county board of elections shall assign a separate column to each political party having candidates for the offices on the ballot and one to unaffiliated candidates, if any. At the head of each party column the party's name shall be printed in large type and at the head of the column for unaffiliated candidates shall be printed in large type the words ‘Unaffiliated Candidates.' Below the party name in each column shall be printed a circle, one-half inch in diameter, around which shall be plainly printed the following instruction: ‘For a straight ticket, mark within this circle.' With distinct black lines, the county board of elections shall divide the columns into horizontal sections and, in the customary order of office, assign a separate section to each office or group of offices to be filled. On a single line at the top of each section shall be printed the title of the office, and directly below the title shall be printed a direction as to the number of candidates for whom a vote may be cast. If candidates are to be chosen for different terms to the same office, the term in each instance shall be printed as part of the title of the office.
The name or names of each political party's candidate or candidates for each office listed on the ballot shall be printed in the appropriate office section of the proper party column, and the names of unaffiliated candidates shall be printed in the appropriate office section of the column headed ‘Unaffiliated Candidates.' At the left of each name shall be printed a voting square, and in each column all voting squares shall be arranged in a perpendicular line.
On the face of the ballot, above the party and unaffiliated column division, the following instructions shall be printed in heavy black type:
‘a. 	To vote for all candidates of one party (a straight ticket), make a cross (X) mark in the circle of the party for whose candidates you wish to vote.
b. 	You may vote a split ticket by marking a cross (X) mark  in the party circle and then making a cross (X) mark in the square opposite the name of the candidate(s) of a different party for  whom you wish to vote.  In any multi-seat race where a party  circle is marked and you vote for candidates of another party, in  order for your vote to count for any candidates for that office of the party for which you marked the party circle you must make a  cross (X) mark opposite the name of those candidate(s).
c. 	You may also vote a split ticket by not marking a cross  (X) mark in the party circle, but by making a cross (X) mark in  the square opposite the name of each candidate for whom you wish  to vote.
d. 	If you tear or deface or wrongly mark this ballot, return it and get another.'
On the bottom of the ballot shall be printed an identified facsimile of the signature of the chairman of the county board of elections.  If the county ballot contains no multi-seat race, then the second sentence of instruction b. shall not appear on the ballot."
Sec. 16.  G.S. 163-156 is repealed.
Sec. 17.  G.S. 163-177 reads as rewritten:
"§ 163-177. Disposition of duplicate abstracts.
Within six hours after the returns of a primary or election have been canvassed and the results judicially determined, the chairman of the county board of elections shall mail, or otherwise deliver, to the State Board of Elections the duplicate-original abstracts prepared in accordance with G.S. 163-176 for all offices and referenda for which the State Board of Elections is required to canvass the votes and declare the results including:
President and Vice-President of the United States
Governor, Lieutenant Governor, and all other State executive officers
United States Senators
Members of the House of Representatives of the United States Congress
District Attorneys of the General Court of Justice
State Senators in multi-county senatorial districts
Members of the State House of Representatives in multi-county representative districts
Constitutional amendments and propositions submitted to the voters of the State.
One duplicate abstract prepared in accordance with G.S. 163-176 for all offices and referenda for which the county board of elections is required to canvass the votes and declare the results (and which are listed below) shall be retained by the county board, which shall forthwith publish and declare the results; the second duplicate abstract shall be mailed to the chairman of the State Board of Elections, to the end that there be one set of all primary and election returns available at the seat of government.
All county offices
State Senators in single-county senatorial districts
Members of the State House of Representatives in single-county representative districts
Propositions submitted to the voters of one county.
If the chairman of the county board of elections fails or neglects to transmit duplicate abstracts to the chairman of the State Board of Elections within the time prescribed in this section, he shall be guilty of a misdemeanor.  Provided, that the penalty shall not apply if the chairman was prevented from performing the prescribed duty because of sickness or other unavoidable delay, but the burden of proof shall be on the chairman to show that his failure to perform was due to sickness or unavoidable delay."
Sec. 18.  G.S. 163-192 reads as rewritten:
"§ 163-192. State Board of Elections to prepare abstracts and declare results of primaries and elections.
(a)	After Primary. – At the conclusion of its canvass of the primary election, the State Board of Elections shall prepare separate abstracts of the votes cast:
(1)	For Governor and all State officers, and United States Senators.
(2)	For members of the United States House of Representatives for the several congressional districts in the State.
	(4)	For district attorney in the several prosecutorial districts in the State.
(5)	For State Senators in the several senatorial districts in the State composed of more than one county.
(6)	For members of the State House of Representatives in the several representative districts in the State composed of more than one county.
Abstracts prepared by the State Board of Elections under this subsection shall state the total number of votes cast for each candidate of each political party for each of the various offices canvassed by the State Board of Elections. They shall also state the name or names of the person or persons whom the State Board of Elections shall ascertain and judicially determine by the count to be nominated for each office.
Abstracts prepared under this subsection shall be signed by the members of the State Board of Elections in their official capacity and shall have the great seal of the State affixed thereto.
(b)	After General Election. – At the conclusion of its canvass of the general election, the State Board of Elections shall prepare abstracts of the votes cast:
(1)	For President and Vice-President of the United States, when an election is held for those offices.
(2)	For Governor and all State officers, and United States Senators.
(3)	For members of the United States House of Representatives for the several congressional districts in the State.
	(5)	For district attorney in the several prosecutorial districts in the State.
(6)	For State Senators in the several senatorial districts in the State composed of more than one county.
(7)	For members of the State House of Representatives in the several representative districts in the State composed of more than one county.
(8)	For and against any constitutional amendments or propositions submitted to the people.
Abstracts prepared by the State Board of Elections under this subsection shall state the names of all persons voted for, the office for which each received votes, and the number of legal ballots cast for each candidate for each office canvassed by the State Board of Elections. They shall also state the name or names of the person or persons whom the State Board of Elections shall ascertain and judicially determine by the count to be elected to each office.
Abstracts prepared under this subsection shall be signed by the members of the State Board of Elections in their official capacity and shall have the great seal of the State affixed thereto.
(c)	Disposition of Abstracts of Returns. – The State Board of Elections shall file with the Secretary of State the original abstracts of returns prepared by it under the provisions of subsections (a) and (b) of this section, and also the duplicate county abstracts transmitted to the State Board of Elections under the provisions of G.S. 163-177."
Sec. 19.  G.S. 163-194 reads as rewritten:
"§ 163-194. Governor to issue commissions to certain elected officials.
Every person duly elected to one of the offices listed below, upon obtaining a certificate of his election from the Secretary of State under the provisions of G.S. 163-193, shall procure from the Governor a commission attesting his election to the specified office, which the Governor shall issue upon production of the Secretary of State's certificate:
Members of the United States House of Representatives,
District Attorneys of the General Court of Justice."
Sec. 20.  G.S. 163-1 is amended in the table by deleting the entries for "Judge of the superior courts", "Judges of the district courts", and "Justices and Judges of the Appellate Division".
Sec. 21.  G.S. 163-9 is repealed.
Sec. 22.  This act shall become effective only if the amendments to the Constitution of North Carolina proposed by AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROVIDE FOR APPOINTMENT OF JUSTICES AND JUDGES BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE FOR A PROCEDURE TO DETERMINE IF JUDGES SO APPOINTED SHOULD BE RETAINED IN OFFICE are approved by the voters, and if so approved, this act shall become effective January 15, 1990.