GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 34

Short Title:  Term Limits Five Plus One.	(Public)

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Sponsors: Representatives Gamble; and Hensley.

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Referred to:  Judiciary I.

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January 26, 1995

A BILL TO BE ENTITLED
AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO PROVIDE FOR TERM LIMITS FOR MEMBERS OF 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)	Term limits.  No person shall be eligible for election to more than five consecutive terms of office as a member of the House of Representatives, nor to more than five consecutive terms of office as a member of the Senate.  If a person fills a vacancy, it shall be considered election to a term for the purpose of this subsection if any of the service is in the first calendar year of the term.
(2)	Effectiveness.  Terms of office commencing prior to January 1, 1996, shall be considered for the purpose of this section except that this section does not forbid any person in office on that date from either:
(a)	Completing that term of office; or
(b)	Being elected to the term of office beginning January 1, 1997, if the person had served five, but not more than five, consecutive terms as of that date.
(3)	Filling of vacancy.  A person disqualified by this section from election to the next succeeding term as a member of the House of Representatives or Senate may not fill a vacancy in that succeeding term."
Sec. 2.  The amendment set out in Section 1 of this act shall be submitted to the qualified voters of the State at the statewide general election in November 1996, which election shall be conducted under the laws then governing elections in the State.  Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes.  The question to be used in the voting systems and ballots shall be:
"[ ] FOR    [ ] AGAINST
Constitutional amendment limiting members to five consecutive terms in the Senate or House of Representatives."
Sec. 3.  If a majority of votes cast on the question are in favor of the amendment set out in Section 1 of this act, the State Board of Elections shall certify the amendment to the Secretary of State.  The constitutional amendment shall become effective January 1, 1996.  The Secretary of State shall enroll the amendment so certified among the permanent records of that office.
Sec. 4.  This act is effective upon ratification.