GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

H	1 

HOUSE BILL 169

Short Title:  Public Defenders Elected.	(Public)
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Sponsors: Representatives Wood; and Flaherty.
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Referred to:  Courts and Justice.
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February 14, 1994

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR ELECTION OF PUBLIC DEFENDERS BY THE PEOPLE OF THE DISTRICT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 7A-466 is amended by adding a new subsection to read:
"( c1)	The current terms of public defenders are extended to expire as follows:
(1)	For any terms to expire in 1994, 1995, or 1996, until December 31, 1996; and
(2)	For any terms to expire in 1997 or 1998, until December 31, 1998."
Sec. 2.  G.S. 7A-466(d) reads as rewritten:
"(d)	At the general election immediately preceding the expiration of the term, in each district for which there is a public defender, a public defender shall be elected by the people of that district for a four-year term in accordance with Chapter 163 of the General Statutes. In case of a vacancy in such office, the Governor shall appoint a resident of that district to serve the remainder of the unexpired term."
Sec. 3.  G.S. 7A-466(e) is repealed.
Sec. 4.  The table in G.S. 163-1 is amended in the table, between the entries for "Judges of the district courts" and "District Attorney" by adding the following in the columns entitled "OFFICE", "JURISDICTION", "DATE OF ELECTION", and "TERM OF OFFICE": "Public Defender", "Defender District", "Tuesday next after the first Monday of November in the year that the term expires and every four years thereafter", and "Four years, from first day of January next after election".
Sec. 5.  G.S. 163-107.1(c)	reads as rewritten:
"(c)	County, Municipal and District Primaries. – If the candidate is seeking one of the offices set forth in G.S. 163-106(c) but which is not listed in subsection (b) of this section, or a municipal or any other office requiring a partisan primary which is not set forth in G.S. 163-106(c) or (d), he shall file a written petition with the appropriate board of elections no later than 12:00 noon on Monday preceding the filing deadline before the primary. The petition shall be signed by ten percent (10%) of the registered voters of the election area in which the office will be voted for, who are affiliated with the same political party in whose primary the candidate desires to run, or in the alternative, the petition shall be signed by no less than 200 registered voters regardless of said voter's political party affiliation, whichever requirement is greater. The board of elections shall verify the names on the petition, and if the petition is found to be sufficient, the candidate's name shall be printed on the appropriate primary ballot. Petitions for candidates for member of the U.S. House of Representatives, District Attorney, Public Defender, judge of the District Court and judge of the Superior Court, 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."
Sec. 6.  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 following offices 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: Superior court judge, district court judge, public defender, and district attorney."
Sec. 7.  G.S. 163-109(c) reads as rewritten:
"(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:
Superior court judge,
District court judge,
District attorney,
Public defender,
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. 8.  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   	|
Judge of superior court 	|
Judge of district court      	| 	Appropriate district executive
District Attorney            	|	  committee of political party
Public Defender	|	  in which vacancy occurs
State Senator in a multi-    	|
  county senatorial district 	|
Member of State House of     	|
  Representatives in a multi-	|
  county representative      	|
  district                   	|

State Senator in a single-   	| 	County 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

Judge of Superior Court in a	|	County executive committee
  single-county superior	|	  of political party in
  court district where the	|	  which vacancy occurs;
  district is the whole	|	  provided, in the case of
  county or part of the	|	  a superior court judge in a
  county	|	  single-county district where
|	  not all the county is
  located in that district,
  then in voting, only those
  members of the county
  executive committee who
  reside within the
  district shall vote

Judge of Superior Court in a	|	Appropriate district
  multi-county superior	|	  executive committee of
  court district	|	  political party in which
  vacancy occurs.
The party executive making a nomination in accordance with the provisions of this section shall certify the name of its nominee to the chairman of the board of elections, State or county, 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 which is partly in a multi-county superior court district, in choosing that county's member or members of the superior court district executive committee for the multi-county district, only the county convention delegates or county executive committee members who reside within the area of the county which is within that multi-county district may vote. 
In a county not all of which is located in one congressional district, in choosing the congressional district executive committee member or members from that area of the county, only the county convention delegates or county executive committee members who reside within the area of the county which is within the congressional district may vote.
In a county which is partly in a multi-county senatorial district or which is partly in a multi-county House of Representatives district, in choosing that county's member or members of the senatorial district executive committee or House of Representatives district executive committee for the multi-county district, only the county convention delegates or county executive committee members who reside within the area of the county which is within that multi-county district may vote."
Sec. 9.  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 situated, public defender for the public defender district in which the county is situated, district judge for the district court district in which the county is situated, and 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, and the words 'you must also' in instruction c. shall be underlined:
'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 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.
c.	You may also 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 any candidate you choose of a different party. In any multi-seat race where a party circle is marked and you vote for candidates of another party, you must also make a cross (X) mark opposite the name of any candidate you choose of the party for which you marked the party circle to assure your vote will count.
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. 10.  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, justices of the Supreme Court, judges of the Court of Appeals, judges of the superior court, and United States Senators.
(2)	For members of the United States House of Representatives for the several congressional districts in the State.
(3)	For district court judges for the several district court districts in the State.
(4)	For district attorney in the several prosecutorial districts in the State.
(4a)	For public defender in the several public defender 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, justices of the Supreme Court, judges of the Court of Appeals, judges of the superior court, and United States Senators.
(3)	For members of the United States House of Representatives for the several congressional districts in the State.
(4)	For district court judges for the several district court districts as defined in G.S. 7A-133 in the State.
(5)	For district attorney in the several prosecutorial districts in the State.
(5a)	For public defender in the several public defender 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. Upon the request of the Legislative Services Office, the Secretary of State shall submit a copy of the original abstracts to that Office."
Sec. 11.  G.S. 163-278.27(b)(2) reads as rewritten:
"(2)	In the case of a candidate for nomination or election to the office of Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, State Superintendent of Public Instruction, State Attorney General, State Commissioner of Agriculture, State Commissioner of Labor, State Commissioner of Insurance, and all other State elective offices, Justice of the Supreme Court, Judge of the Court of Appeals, judge of a superior court, judge of a district court, public defender, and district attorney of the superior court: report to the district attorney of the prosecutorial district in which Wake County is located;".
Sec. 12.  This act is effective upon ratification, but does not affect filling of vacancies in the office of public defender before the expiration of the current terms of office as extended by this act.