GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 95

Short Title:  Legislator's Four-Year Term.	(Public)
─────────────────────────────────────── 
Sponsors: Senators Daniel, Ezzell; Barker, Block, Conder, Goldston, Guy, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Martin of Pitt, Martin of Guilford, Marvin, Odom, Rauch, Richardson, Royall, Sands, Sherron, Smith, Soles, Speed, Staton, Swain, Ward, and Winner.
─────────────────────────────────────── 
Referred to:  Constitution.
─────────────────────────────────────── 

February 1, 1989

A BILL TO BE ENTITLED
AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO PROVIDE FOR FOUR-YEAR TERMS FOR MEMBERS OF THE GENERAL ASSEMBLY, AND TO MAKE CONFORMING CHANGES TO OTHER STATUTES.
The General Assembly of North Carolina enacts:
Section 1.  Section 2 of Article II of the Constitution of North Carolina reads as rewritten:
	"Sec. 2. Number of Senators.  The Senate shall be composed of 50 Senators, quadrennially chosen by ballot."
Sec. 2.  Section 4 of Article II of the Constitution of North Carolina reads as rewritten:
	"Sec. 4.  Number of Representatives.  The House of Representatives shall be composed of 120 Representatives, quadrennially chosen by ballot."
Sec. 3.  Section 8 of Article II of the Constitution of North Carolina reads as rewritten:
	"Sec. 8. Elections.  The election for members of the General Assembly shall be held for the respective districts in 1990 and every four years thereafter, at the places and on the day prescribed by law."
Sec. 4.  Section 2(1) of Article III of the Constitution of North Carolina reads as rewritten:
	"(1) Election and term.  The Governor and Lieutenant Governor shall be elected by the qualified voters of the State in 1992 and every four years thereafter, at the at the places and on the day prescribed by law.  Their term of office shall be four years and shall commence on the first day of January next after their election and continue until their successors are elected and qualified."
Sec. 5.  Section 7(1) of Article III of the Constitution of North Carolina reads as rewritten:
	"Sec. 7. Other elective officers.
(1)	Officers.  A Secretary of State, an Auditor, a Treasurer, a Superintendent of Public Instruction, an Attorney General, a Commissioner of Agriculture, a Commissioner of Labor, and a Commissioner of Insurance shall be elected by the qualified voters of the State in 1992 and every four years thereafter, at the same time and places as the Governor is elected.  Their term of office shall be four years and shall commence on the first day of January next after their election and continue until their successors are elected and qualified.
(2)	Duties.  Their respective duties shall be prescribed by law.
(3)	Vacancies.  If the office of any of these officers is vacated by death, resignation, or otherwise, it shall be the duty of the Governor to appoint another to serve 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 or Governor, whichever comes first, 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 and the term expires on the first day of January succeeding the next election for members of the General Assembly, the Governor shall appoint to fill the vacancy for the unexpired term of the office.
(4)	Interim officers.  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 interim officer to perform the duties of that office until a person is appointed or elected pursuant to this Section to fill the vacancy and is qualified.
(5)	Acting officers.  During the physical or mental incapacity of any one of these officers to perform the duties of his office, as determined pursuant to this Section, the duties of his office shall be performed by an acting officer who shall be appointed by the Governor.
(6)	Determination of incapacity.  The General Assembly shall by law prescribe with respect to those officers, other than the Governor, whose offices are created by this Article, procedures for determining the physical or mental incapacity of any officer to perform the duties of his office, and for determining whether an officer who has been temporarily incapacitated has sufficiently recovered his physical or mental capacity to perform the duties of his office.  Removal of those officers from office for any other cause shall be by impeachment.
(7)	Special qualifications for Attorney General.  Only persons duly authorized to practice law in the courts of this State shall be eligible for appointment or election as Attorney General."
Sec. 6.  Section 9(3) of Article IV of the Constitution of North Carolina reads as rewritten:
"(3)	Clerks.  A Clerk of the Superior Court for each county shall be elected for a term of four years by the qualified voters thereof, at the same time and places as members of the General Assembly or the Governor are elected.  If the office of Clerk of the Superior Court becomes vacant otherwise than by the expiration of the term, or if the people fail to elect, the senior regular resident Judge of the Superior Court serving the county shall appoint to fill the vacancy until an election can be regularly held."
Sec. 7.  Section 18(1) of Article IV of the Constitution of North Carolina reads as rewritten:
	"(1) District Attorneys.  The General Assembly shall, from time to time, divide the State into a convenient number of prosecutorial districts, for each of which a District Attorney shall be chosen for a term of four years by the qualified voters thereof, at the same time and places as members of the General Assembly or the Governor are elected.  Only persons duly authorized to practice law in the courts of this State shall be eligible for election or appointment as a District Attorney.  The District Attorney shall advise the officers of justice in his district, be responsible for the prosecution on behalf of the State of all criminal actions in the Superior Courts of his district, perform such duties related to appeals therefrom as the Attorney General may require, and perform such other duties as the General Assembly may prescribe."
Sec. 8.  Section 19 of Article IV of the Constitution of North Carolina reads as rewritten:
	"Sec. 19. Vacancies.  Unless otherwise provided in this Article, all vacancies occurring in the offices provided for by this Article shall be filled by appointment of the Governor, and the appointees shall hold their places until the next election for members of the General Assembly or Governor, whichever comes first, that is held more than 60 days after the vacancy occurs, when elections shall be held to fill the offices.  When the unexpired term of any of the offices named in this Article of the Constitution in which a vacancy has occurred, and in which it is herein provided that the Governor shall fill the vacancy, expires on the first day of January succeeding the next election for members of the General Assembly or Governor, whichever comes first, the Governor shall appoint to fill that vacancy for the unexpired term of the office.  If any person elected or appointed to any of these offices shall fail to qualify, the office shall be appointed to, held and filled as provided in case of vacancies occurring therein.  All incumbents of these offices shall hold until their successors are qualified."
Sec. 9.  The amendments set forth in Sections 1 through 8 of this act shall be submitted to the qualified voters of the State at the next statewide primary election or statewide general election or at the next statewide election, whichever is earlier, which election shall be conducted under the laws then governing elections in the State.  At that election, each qualified voter who desires to vote shall be provided a ballot on which shall be printed the following:
"[ ]	FOR constitutional amendment making the term of members of the General Assembly four years, beginning with members elected in 1990; and conforming amendments concerning the election of other officers and the filling of vacancies.
[ ]	AGAINST constitutional amendment making the term of members of the General Assembly four years, beginning with members elected in 1990; and conforming amendments concerning the election of other officers and the filling of vacancies."
Those qualified voters favoring the amendments shall vote by marking an "X”or a check mark in the square beside the statement beginning "FOR", and those qualified voters opposed to the amendments shall vote by marking an "X”or a 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. 10.  If a majority of votes cast thereon are in favor of the constitutional amendments, 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.  The constitutional amendments shall become effective upon certification and shall apply to members of the General Assembly elected in the 1990 general election so that they shall serve four-year terms.
Sec. 11.  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 elected by the qualified voters of the district court district in which he is to serve at the time specified by Chapter 163 of the General Statutes. 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 elected, and shall serve a term of four years, beginning on the first Monday in December  following his election.
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. 12.  G.S. 147-4 reads as rewritten:
"§ 147-4. Executive officers – election; term; induction into office.
The executive department shall consist of a Governor, a Lieutenant Governor, a Secretary of State, an Auditor, a Treasurer, a Superintendent of Public Instruction, an Attorney General, a Commissioner of Agriculture, a Commissioner of Insurance, and a Commissioner of Labor, who shall be elected for a term of four years, by the qualified electors of the State, as provided by Chapter 163 of the General Statutes. Their term of office shall commence on the first day of January next after their election and continue until their successors are elected and qualified. The persons having the highest number of votes, respectively, shall be declared duly elected, but if two or more be equal and highest in votes for the same office, then one of them shall be chosen by joint ballot of both houses of the General Assembly. Contested elections shall be determined by a joint ballot of both houses of the General Assembly in such manner as shall be prescribed by law."
Sec. 13.  G.S. 152-1 reads as rewritten:
"§ 152-1. Election; vacancies in office; appointment by clerk in special cases.
In each county a coroner shall be elected by the qualified voters thereof as provided by Chapter 163 of the General Statutes, and shall hold office for a term of four years, or until his successor is elected and qualified.
A vacancy in the office of coroner shall be filled by the county commissioners, and the person so appointed shall, upon qualification, hold office until his successor is elected and qualified. If the coroner were elected as the nominee of a political party, then the county commissioners shall consult with the county executive committee of that political party before filling the vacancy, and shall appoint the person recommended by that committee if the party makes a recommendation within 30 days of the occurrence of the vacancy; this sentence shall apply only to the counties of Alamance, Alleghany, Avery, Beaufort, Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Cherokee, Clay, Cleveland, Davidson, Davie, Graham, Guilford, Haywood, Henderson, Jackson, Madison, McDowell, Mecklenburg, Moore, New Hanover, Polk, Randolph, Rockingham, Rutherford, Stanly, Stokes, Transylvania, Wake, and Yancey.
When the coroner shall be out of the county, or shall for any reason be unable to hold the necessary inquest as provided by law, or there is a vacancy existing in the office of coroner which has not been filled by the county commissioners and it is made to appear to the clerk of the superior court by satisfactory evidence that a deceased person whose body has been found within the county probably came to his death by the criminal act or default of some person, it is the duty of the clerk to appoint some suitable person to act as coroner in such special case.”
Sec. 14.  G.S. 161-1 reads as rewritten:
"§ 161-1. Election and term of office.
In each county there shall be elected biennially by the qualified voters thereof, as provided by Chapter 163 of the General Statutes, a register of deeds."
Sec. 15.  G.S. 162-1 reads as rewritten:
"§ 162-1. Election and term of office.
In each county a sheriff shall be elected by the qualified voters thereof, as is prescribed by Chapter 163 of the General Statutes, and shall hold his office for four years."
Sec. 16.  G.S. 163-1 is amended in the table by rewriting the "DATE OF ELECTION”entries for State Senator and members of the State House of Representatives to read:  "Tuesday next after the first Monday in November 1990 and every four years thereafter".
Sec. 17.  G.S. 163-1 is further amended in the table by rewriting the "TERM OF OFFICE”entries for State Senator and member of the State House of Representatives to read:  "Four years".
Sec. 18.  G.S. 163-1 is further amended in the table by rewriting the "DATE OF ELECTION”entries for justices and judges of the Appellate Division, judges of the superior courts, judges of the district courts, district attorney, county commissioners, clerk of superior court, register of deeds, sheriff, and coroner, to read:  "At the next regular statewide election for Governor or for members of the General Assembly, whichever comes first, immediately preceding the termination of each regular term."
Sec. 19. G.S. 163-8 reads as rewritten:
"§ 163-8.  Filling vacancies in State executive offices.
If the office of Governor or Lieutenant 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: 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 or Governor, whichever occurs first, 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 or Governor, whichever comes first, the Governor shall appoint to fill the vacancy for the unexpired term of the office.
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 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. 20.  G.S. 163-9 reads as rewritten:
"§ 163-9.  Filling vacancies in State and district judicial offices.
Vacancies occurring in the offices of Justice of the Supreme Court, judge of the Court of Appeals, and judge of the superior court for causes other than expiration of term shall be filled by appointment of the Governor. An appointee shall hold his place until the next election for members of the General Assembly, whichever comes first, that is held more than 60 days after the vacancy occurs, at which time an election shall be held to fill the unexpired term of the office: Provided, that when the unexpired term of the office in which the vacancy has occurred expires on the first day of January succeeding the next election for members of the General Assembly, or Governor, whichever comes first, the Governor shall appoint to fill that vacancy for the unexpired term of the office.
Vacancies in the office of district judge which occur before the expiration of a term shall not be filled by election. Vacancies in the office of district judge shall be filled in accordance with G.S. 7A-142."
Sec. 21.  G.S. 163-10 reads as rewritten:
"§ 163-10.  Filling vacancy in office of district attorney.
Any vacancy occurring in the office of district attorney for causes other than expiration of term shall be filled by appointment of the Governor. An appointee shall hold his place until the next election for members of the General Assembly, or Governor, whichever comes first, that is held more than 60 days after the vacancy occurs, at which time an election shall be held to fill the unexpired term of the office: Provided, that when the unexpired term of the office in which the vacancy has occurred expires on the first day of January succeeding the next election for members of the General Assembly or Governor, whichever comes first, the Governor shall appoint to fill that vacancy for the unexpired term of the office."
Sec. 22.  G.S. 163-11(a) reads as rewritten:
"(a)	If a vacancy shall occur in the General Assembly by death, resignation, or otherwise than by expiration of term, the Governor shall immediately appoint the person recommended by the political party executive committee provided by this section.  The person so appointed shall hold office for the remainder of the unexpired term, except if the next election for Governor which occurs more than 60 days after the effective date of the vacancy is:
(1)	Before the date of the expiration date of the term; and
(2)	Before the next regular statewide election for members of the General Assembly,
the appointment shall be until the next election for Governor, and at that election, a person shall be elected to fill the remainder of the unexpired term. The Governor shall make the appointment within seven days of receiving the recommendation of the appropriate committee. If the Governor fails to make the appointment within the required period, he shall be presumed to have made the appointment and the legislative body to which the appointee was recommended is directed to seat the appointee as a member in good standing for the duration of the unexpired term."
Sec. 23.  G.S. 163-12 reads as rewritten:
"§ 163-12. Filling vacancy in United States Senate.
Whenever there shall be a vacancy in the office of United States Senator from this State, whether caused by death, resignation, or otherwise than by expiration of term, the Governor shall appoint to fill the vacancy until an election shall be held to fill the office. The Governor shall issue his writ for the election of a Senator to be held at the time of the first election for members of the General Assembly or Governor, whichever comes first, that is held more than 60 days after the vacancy occurs. The person elected shall hold the office for the remainder of the unexpired term. The election shall take effect from the date of the canvassing of the returns."
Sec. 24.  Each statute and each local act which states that a vacancy in an elected office shall be filled until the next election for members of the General Assembly, or similarly relies on the date of General Assembly elections as determining when an event is to take place or the duration of an appointment, shall be considered instead to use the date of the next statewide election for Governor or General Assembly, whichever comes first, as the determining date for whatever purpose the date of the General Assembly election is now used.
Sec. 25.  Sections 11 through 23 of this act shall take effect only upon approval of the voters of the constitutional amendments set forth in Sections 1 through 8 of this act.  If the constitutional amendments proposed in those sections are approved by the voters, Sections 11 through 23 of this act shall become effective at the same time as the constitutional amendments.
Sec. 26.  This act is effective upon ratification.