GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

H	1 

HOUSE BILL 46

Short Title:  Superior Ct. Judges by Dist.	(Public)
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Sponsors: Representatives Daughtry; Arnold, Balmer, Barbee, Berry, Bowie, Brawley, J. Brown, Brubaker, Creech, Culp, Decker, Dickson, Dockham, Edwards, Ellis, Esposito, Flaherty, Gardner, Grady, Gray, Hall, Hayes, Holmes, Ives, Justus, Lemmond, McCombs, Miner, Mitchell, Morgan, Nichols, C. Preston, J. Preston, Robinson, Russell, Sexton, Sutton, Tallent, Thompson, Weatherly, Wilson, Wood, and Yongue.
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Referred to:  Rules, Calendar, and Operations of the House.
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February 8, 1994

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR ELECTION OF SUPERIOR COURT JUDGES BY DISTRICT, AND TO REDUCE THE APPROPRIATION TO THE STATE BOARD OF ELECTIONS FOR BALLOT PRINTING ON ACCOUNT OF THE SHORTER GENERAL ELECTION BALLOT.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 7A of the General Statutes is amended by adding a new section to read:
"§ 7A-41.2. Nomination and election of regular superior court judges.
Candidates for the office of regular superior court judge shall be both nominated and elected by the qualified voters of the superior court district of which the candidate is a resident."
Sec. 2.  G.S. 163-1 is amended in the table by deleting the word "State" in the column entitled "Jurisdiction" under the entry for "Judges of the superior courts", and substituting "Superior Court District".
Sec. 3.  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, 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 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. 4.  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, district judge for the district court district in which the county is situated, regular resident superior court judge for the superior court district in which the county or part thereof 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. 5.  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, 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.
(3a)	For superior court judges for the several superior court 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, justices of the Supreme Court, judges of the Court of Appeals, 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.
(4a)	For superior court judges for the several superior court 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.  Upon the request of the Legislative Services Office, the Secretary of State shall submit a copy of the original abstracts to that Office."
Sec.  6.  The appropriation from the General Fund to the State Board of Elections is reduced for fiscal year 1994-95 by the sum of sixteen thousand dollars ($16,000) because it will not have to print a general election ballot for superior court judges.
Sec. 7.  This act is effective upon ratification and applies beginning with elections held in 1994.