GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1173

Short Title:  Constitutional Revisions.	(Public)
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Sponsors: Representative Wood.
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Referred to:  Constitutional Amendments and Referenda.
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April 19, 1993

A BILL TO BE ENTITLED
AN ACT TO LIMIT ALL ELECTED OFFICIALS TO TWELVE YEARS IN OFFICE, TO MAKE ALL COUNCIL OF STATE POSITIONS OTHER THAN GOVERNOR, LIEUTENANT GOVERNOR, AND AUDITOR APPOINTIVE BY THE GOVERNOR, TO PROVIDE A TEAM TICKET FOR GOVERNOR AND LIEUTENANT GOVERNOR IN THE GENERAL ELECTION, TO MAKE ALL JUDICIAL OFFICES FOR FOUR YEARS, TO PROVIDE DISTRICT ELECTION OF SUPERIOR COURT JUDGES, AND TO REQUIRE GUBERNATORIAL CABINET APPOINTMENTS TO BE CONFIRMED BY THE GENERAL ASSEMBLY.
The General Assembly of North Carolina enacts:
Section 1.  Article II of the Constitution of North Carolina is amended by adding a new section to read:
"Sec. 25. Limitation of consecutive terms.
(1)	No person shall be eligible for election to more than six terms as a member of the House of Representatives, nor to more than six terms as a member of the Senate.  If a person is not elected to a full term, service caused by filling of a vacancy shall be considered as a term for the purpose of this section if the person takes office during the first two calendar years of the term.
(2)	Terms of office beginning before January 1, 1995, shall not be considered for the purpose of this section.
(3)	A person disqualified by this section from election as a member of the House or Senate may not fill a vacancy in that office."
Sec. 2.  Section 2(2) of Article III of the Constitution of North Carolina reads as rewritten:
"(2)	Qualifications.  No person shall be eligible for election to the office of Governor or Lieutenant Governor unless, at the time of his election, he shall have attained the age of 30 years and shall have been a citizen of the United States for five years and a resident of this State for two years immediately preceding his election.  No person elected to the Office of Governor or Lieutenant Governor shall be eligible for election to more than three consecutive terms of the same office.  Terms of office beginning before January 1, 1993, shall not be considered for the purpose of this section."
Sec. 3.  Section 16 of Article IV of the Constitution of North Carolina reads as rewritten:
"Sec. 16. Terms of office and election of Justices of the Supreme Court, Judges of the Court of Appeals, and Judges of the Superior Court.  Justices of the Supreme Court, Judges of the Court of Appeals, and regular Judges of the Superior Court shall be elected by the qualified voters and shall hold office for terms of four years and until their successors are elected and qualified.  Justices of the Supreme Court and Judges of the Court of Appeals shall be elected by the qualified voters of the State.  Regular Judges of the Superior Court shall be elected by the voters of their respective districts.  No person elected to any office under this section shall be eligible for election to more than three terms of the same office.  The previous sentence applies only to terms commencing on or after December 1, 1994."
Sec. 4.  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 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.  No person shall be eligible for election to more than three terms of office.  Terms of office beginning before January 1, 1995, shall not be considered for the purpose of this section."
Sec. 5.  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 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. No person shall be eligible for election to more than three terms of office.  Terms of office beginning before January 1, 1995, shall not be considered for the purpose of this section."
Sec. 6.  Section 7(1) of Article III of the Constitution of North Carolina reads as rewritten:
"(1)	Officers.  An Auditor shall be elected by the qualified voters of the State in 1996 and every six years thereafter, at the same time and places as members of the General Assembly are elected.  The term of office shall be six years and shall commence on the first day of January next after their election and continue until a successor is elected and qualified. No person shall be eligible for election as Auditor to more than two terms of office.  Terms of office beginning before January 1, 1995, shall not be considered for the purpose of this section."
Sec. 7.  Section 2 of Article VII of the Constitution of North Carolina reads as rewritten:
"Sec. 2. Sheriffs. In each county a Sheriff shall be elected by the qualified voters therefor at the same time and places as members of the General Assembly are elected and shall hold his office for a period of four years, subject to removal for cause as provided by law. No person shall be eligible for election as Sheriff to more than three terms of office.  Terms of office beginning before December 1, 1994, shall not be considered for the purpose of this section.
Sec. 8.  Section 8 of Article III of the Constitution of North Carolina reads as rewritten:
"Sec. 8.  Council of State. The Council of State shall consists of the officers whose offices are established by this Article, and the heads of the principal administrative departments, as established by law and limited by Section 11 of this Article, but only those heads the appointment of whom is made by the Governor subject to confirmation of both houses of the General Assembly under Section 5(8)	of this Article."
Sec. 9.  Article VI of the Constitution of North Carolina is amended by adding a new section to read:
"Sec. 11. Term limits for statutory offices.  No person is eligible for election to any office created by or in accordance with an act of the General Assembly if completion of a full term will result in that person serving a total of more than 12 years in that office.  For the purpose of this section, terms of office commencing before December 1, 1994, shall not be considered.  
Sec. 10.  Section 5(8) of the Constitution of North Carolina reads as rewritten:
"(8)	Appointments. The Governor shall nominate and by and with the advice and consent of a majority of the Senators appoint all officers whose appointments are not otherwise provided for, except that the Governor shall nominate and by and with the advice and consent of a majority of the Senators and a majority of the members of the House of Representatives appoint the heads of the principal administrative departments.  For the purpose of this section, the University of North Carolina and any educational institution established by law are not principal administrative departments.  The General Assembly may provide by law for the filling of vacancies by appointment the Governor for any such office which occur while the General Assembly is not in session, and for persons to hold such office by appointment of the Governor on an interim basis."
Sec. 11.  Section 2 of Article III of the Constitution of North Carolina is amended by adding a new subsection to read:
"(3)	Team Election. In the General Election, all candidates for the offices of Governor and Lieutenant Governor shall form joint candidacies so that each voter shall cast a single vote for a candidate for Governor and a candidate for Lieutenant Governor running together."
Sec. 12.  The amendments set forth in Sections 1 through 11 of this act shall be submitted to the qualified voters of the State at a general election to be held on Tuesday after the first Monday in November of 1993, 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 amendments limiting elected officials to 12 years in office, requiring that appointments of cabinet officers by the Governor to be confirmed by the General Assembly, making current executive officers other than the Governor, Lieutenant Governor, and Auditor appointive officers, making judicial elections for four-year terms, making superior court judges elected from their districts, and requiring the Governor and Lieutenant Governor to run as a team ticket in the general election.
[ ]	AGAINST constitutional amendments limiting elected officials to 12 years in office, requiring that appointments of cabinet officers by the Governor to be confirmed by the General Assembly, making current executive officers other than the Governor, Lieutenant Governor, and Auditor appointive officers, making judicial elections for four-year terms, making superior court judges elected from their districts, and requiring the Governor and Lieutenant Governor to run as a team ticket in the general election."
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. 13.  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 January 1, 1994, and shall apply to justices and judges of the General Court of Justice, elected in the 1994 general election so that they shall serve four-year terms.  Members of the Council of State whose offices are being changed from elective to appointive may finish the remainder of their current terms, but any vacancies shall be filled as provided by this act.  
Sec. 14.  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, and an Auditor, who shall be elected for a term of four years, except the Auditor for six years, by the qualified electors of the State, at the same time and places, and in the same manner, as members of the General Assembly are elected 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.  It also consists of the heads of the departments named in Chapter 143B of the General Statutes. 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. 15. 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: Auditor. 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 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. 16. Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163-115.1.  Party must nominate candidates for Governor and Lieutenant Governor.
If a party nominates a candidate for Governor under this Article, it must also nominate a candidate for Lieutenant Governor, or the nomination as Governor is void.  If a party nominates a candidate for Lieutenant Governor under this Article, it must also nominate a candidate for Governor, or the nomination as Lieutenant Governor is void."
Sec. 17.  Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163-108.2.  Nomination of Lieutenant Governor.
	Except for G.S. 163-114 and G.S. 163-115.1, the provisions of this Article do not apply to the office of Lieutenant Governor.  Nomination for such office is as provided by Article 11A of this Chapter."
Sec. 18. G.S. 163-98 reads as rewritten:
"§ 163-98. General election participation by new political party.
In the first general election following the date on which a new political party qualifies under the provisions of G.S. 163-96, it shall be entitled to have the names of its candidates for State, congressional, and national offices printed on the official ballots, but it shall not be entitled to have the names of candidates for other offices printed on State, district, or county ballots at that election.
For the first general election following the date on which it qualifies under G.S. 163-96, a new political party shall select its candidates by party convention. Following adjournment of the nominating convention, but not later than the first day of July prior to the general election, the president of the convention shall certify to the State Board of Elections the names of persons chosen in the convention as the new party's candidates for State, congressional, and national offices in the ensuing general election. The State Board of Elections shall print names thus certified on the appropriate ballots as the nominees of the new party.  The party, if it nominates a candidate for Governor, must also nominate a candidate for Lieutenant Governor, or the nomination for Governor shall be void.  The candidate for Governor shall present to the State convention or State executive committee of that party, whichever body the party rules provide, a proposed candidate for Lieutenant Governor, who shall be the party's nominee if the convention or committee, as appropriate, approves."
Sec. 19.  G.S. 163-122 is amended by adding a new subsection to read:
"( c)	In filing petitions as an unaffiliated candidate, a petition for the office of Governor shall also contain the name of a candidate for Lieutenant Governor, and the petition shall be a petition for both.  In filing petitions as an unaffiliated candidate, a petition for the office of Lieutenant Governor shall also contain the name of a candidate for Governor, and the petition shall be a petition for both.  The form of the petition requesting unaffiliated candidates to be placed on the ballot for Governor and Lieutenant Governor on the general election ballot shall contain on the heading of each page of the petition in bold print or in all capital letters the words 'THE UNDERSIGNED REGISTERED VOTERS IN ........ COUNTY HEREBY PETITION ON BEHALF OF ..... AS AN UNAFFILIATED CANDIDATE FOR GOVERNOR AND .......... AS AN UNAFFILIATED CANDIDATE FOR LIEUTENANT GOVERNOR IN THE NEXT GENERAL ELECTION. THE UNDERSIGNED HEREBY PETITION THAT THE SUBJECT CANDIDATES BE PLACED ON THE APPROPRIATE BALLOT UPON COMPLIANCE WITH THE PROVISIONS OF G.S. 163-122.'"
Sec. 20.  G.S. 163-140(b) is amended by adding a new subdivision to read:
"(9)	In the General Election, the offices of Governor and Lieutenant Governor shall be combined on the State ballot and the nominees of each party or unaffiliated offices listed together so that a vote for a candidate for one of those offices is a vote for the candidates for both offices.  Such team election of Governor and Lieutenant Governor is not a multiseat race for the purpose of subsection (f) of this section."
Sec. 21.  G.S. 163-151(6) is amended by adding a new subparagraph to read:
"f.	A write-in vote for a candidate for Governor shall not be counted unless that person has also written in the name of a candidate for Lieutenant Governor.  A write-in vote for a candidate for Lieutenant Governor shall not be counted unless that person has also written in the name of a candidate for Governor.  A write-in vote shall not be counted for any candidate for Governor if that person appears on the ballot as a candidate for that office.  A write-in vote shall not be counted for any candidate for Lieutenant Governor if that person appears on the ballot as a candidate for that office."
Sec. 22.  Chapter 163 of the General Statutes is amended by adding a new Article to read:
"ARTICLE 11A.
"Nomination of Lieutenant Governor.
"§ 163-126.  Lieutenant Governor.
	Political parties nominating a candidate for Governor under Article 10 of this Chapter shall nominate a candidate for Lieutenant Governor in accordance with this Article.
"§ 163-126.1. Convention or State executive committee.
The candidate for Governor shall propose a candidate for Lieutenant Governor to either the State convention or the State executive committee of that party, whichever body the party rules provide.  The person, if approved by the convention or committee, as appropriate, is that party's nominee for Lieutenant Governor.
"§ 163-126.2. Time of nomination.
	The nomination for Lieutenant Governor shall be made no earlier than the date that party's nomination for Governor is determined under G.S. 163-110, G.S. 163-111, or G.S. 163-112, as appropriate, and no later than the first Monday in August.  The State Board of Elections shall be notified of the nomination for Lieutenant Governor no later than the first Monday in August.  The State Board of Elections shall cause the name of the nominee to be printed on the general election ballots as if the nomination had been made by primary under Article 10 of this Chapter.
"§ 163-126.3. Vacancies in nomination.
If a party has nominated a candidate for Lieutenant Governor, and a vacancy occurs in that nomination, it shall be filled in accordance with G.S. 163-114 whether the nomination was made by the State convention or the State executive committee."
Sec. 23.  G.S. 163-107(a) is amended by deleting in the schedule the entry under "Office Sought", and "Amount of Filing Fee" the entry for "Lieutenant Governor".
Sec. 24.  G.S. 163-107.1(b) reads as rewritten:
	"(b) If the candidate is seeking the office of United States Senator, Governor, any State executive officer,  Justice of the Supreme Court or Judge of the Court of Appeals, 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."
Sec. 25.  G.S. 163-111(c)(1) reads as rewritten:
"(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,
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."
Sec. 26.  The table in G.S. 163-1 reads as rewritten:
"OFFICE        JURISDICTION     DATE OF ELECTION    TERM OF OFFICE
Governor 	State 	Tuesday next after	Four years, from
  the first Monday 	  first day of
  in November 1968	  January next
	  and every four	  after election
  years thereafter
Lieutenant  	State 	Tuesday next after 	Four years, from
  Governor	  the first Monday	  first day of
  in November 1968	  January next
  and every four   	  after election
  years thereafter
							Auditor 	State 	Tuesday next after	 Six years, from
  	  the first Monday	  first day of
  in November 1968	  January next 
 	  and every four	  after election
  years thereafter
						
																																									All other  	State 	Tuesday next after	Four years, from
  State 	  the first Monday	  first day of
  officers	  in November 1968	  January next 
	  whose terms	  and every four	  after election
  last for	  years thereafter
  four years
All other  	State 	Tuesday next after	Two years, from
  State  	  the first Monday	  first day of
  officers	  in November 1968	  January next 
	  whose terms	  and every two	  after election
  are not	  years thereafter
  specified
  by law
State Senator	Senatorial  	Tuesday next after	Two years
     	  district	  the first Monday
  	  in November 1968
	  	  and every two
  	  years thereafter
Member of 	Representative  	Tuesday next after	Two years
  State House	  district	  the first Monday
  of Repre- 	  in November 1968
	  sentatives	  and every two
  	  years thereafter
Justices and 	State 	At the regular 	Four years,
  Judges of the 	  election for	  from first day
  Appellate	  members of the 	  of January next
  Division 	  General Assembly	  after election
  immediately preceding
	 	  the termination of
  each regular term
Judges of the	State 	At the regular 	Four years,
  superior	  election for 	  from first day
  courts	  members of the	  of January next
   	  General Assembly	  after election
  immediately preceding
  the termination of
  each regular term
Judges of the	District court 	At the regular 	Four years, from
  district	  district	  election for 	  the first Monday
  courts	  members of the 	  in December next
   	  General Assembly	  after election
  immediately preceding
  the termination 
  of each regular
  term
District	District  	At the regular 	Four years, from
  Attorney	  Attorney	  election for	  first day of
  	  district	  members of the 	  January next
   	  General Assembly	  after election
  immediately preceding
  the termination 
  of each regular
  term
Members of  	Congressional  	Tuesday next after 	Two years
  House of	  district,	  the first Monday 
  Representa-	  except as 	  in November 1968
  tives of	  modified by	  and every two 
  the 	  G.S. 163-104	  years thereafter
  Congress of
  the United
  States
United States	State  	At the regular 	Six years
  Senators	  	  election immed-
     	  iately preceding
  	  the termination
  of each regular
  term
County	County  	At the regular 	Two years, from
commissioners	  	  election for	  the first
     	  members of the	  Monday in 
  	  General Assembly	  December next
  immediately preceding	  after election
  the termination of
  each regular term
Clerk of	County  	At the regular  	Four years, from
  superior	  	  election for 	  the first
  court	     	  members of the 	  Monday in
  	  General Assembly	  December next
  immediately preceding	  after election
  the termination 
  of each regular term
Register of	County  	At the regular 	Four years, from
  deeds	  	  election for	  the first 
  	     	  members of the	  Monday in
  	  General Assembly	  December next
  immediately 	  after election
  preceding the 
  termination of
  each regular term
Sheriff	County  	At the regular 	Four years, from
  	  	  election for	  the first 
  	  members of the 	  Monday in 
  	  General Assembly	  December next
  immediately	  after election
  preceding the
  termination of
  each regular term
Coroner	County  	At the regular 	Four years, from
	  	  election for	  the first
  	     	  members of the	  Monday in
  	  General Assembly	  December next
  immediately 	  after election
  preceding the 
  termination of
  a regular term
County 	County  	Tuesday next after 	Two years, from
  treasurer 	  	  the first Monday	  the first
  (in	     	  in November 1968	  Monday in
  counties in	  	  and every two	  December next
  which	  years thereafter	  after election
  elected)
All other 	County  	Tuesday next after 	Two years, from
  county  	  	  the first Monday	  the first 
  officers to	     	  in November 1968	  Monday in 
  be elected	  	  and every two	  December next
  by the 	  years thereafter	  after election".
  peopleSec. 27.  G.S. 163-123 is amended by adding a new subsection to read:
"( c1)	Any declaration of intent filed under this section for the office of Governor shall be a joint declaration with another candidate for the office of Lieutenant Governor.  Any declaration of intent filed under this section for the office of Lieutenant Governor shall be a joint declaration with another candidate for the office of Governor.  The declaration shall be signed by both candidates.  The State Board of Elections shall provide for a joint petition form for Governor and Lieutenant Governor in lieu of the one provided by subsection (d) of this section."
Sec. 28.  Chapter 128 of the General Statutes is amended by adding a new section to read:
"§ 128-1.4. Appointment of heads of principal administrative departments.
Notwithstanding any other provision of law, the following officer shall be appointed by the Governor subject to confirmation by majority vote of each house of the General Assembly:
(1)	Secretary of State;
(2)	Treasurer;
(3)	Superintendent of Public Instruction;
(4)	Attorney General;
(5)	Commissioner of Agriculture;
(6)	Commissioner of Labor;
(7)	Commissioner of Insurance;
(8)	Secretary of the Department of Cultural Resources;
(9)	Secretary of the Department of Human Resources;
(10)	Secretary of the Department of Revenue;
(11)	Secretary of the Department of Crime Control and Public Safety;
(12)	Secretary of the Department of Correction;
(13)	Secretary of the Department of Environment, Health, and Natural Resources;
(14)	Secretary of the Department of Transportation;
(15)	Secretary of the Department of Administration; and
(16)	Secretary of the Department of Commerce.
When a vacancy occurs in any of these offices when the General Assembly is not in session, the Governor may appoint someone to serve until the third day after the General Assembly is next in session.  The Governor may at any time appoint someone to serve not more than 30 days to fill an interim vacancy, unless that person has been rejected by the General Assembly for confirmation."
Sec. 29.  Sections 14 through 28 of this act shall take effect only upon approval of the voters of the constitutional amendments set forth in this act.  If the constitutional amendments proposed in those sections are approved by the voters, Sections 14 through 28 of this act shall become effective at the same time as the constitutional amendments.
Sec. 30.  This act is effective upon ratification.