GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 560

Short Title:  Judicial Selection/Comprehensive Reform.   	(Public)

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Sponsors: Representatives Culpepper; and Redwine.

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Referred to:  Judiciary I.

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March 27, 1995

A BILL TO BE ENTITLED
AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROVIDE FOR THE APPOINTMENT OF APPELLATE JUSTICES AND JUDGES BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO PROVIDE FOR RECESS APPOINTMENTS PENDING CONFIRMATION, TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO MOVE FROM AN ELECTIVE TO AN APPOINTIVE SYSTEM, TO AMEND THE CONSTITUTION TO ALLOW FOR THE APPOINTMENT OF SPECIAL DISTRICT COURT JUDGES, AND TO GENERALLY PROVIDE FOR NONPARTISAN ELECTION OF TRIAL JUDGES IN THEIR DISTRICTS AT THE TIME OF THE PRIMARY ELECTION.
The General Assembly of North Carolina enacts:
Section 1.  Section 6(1) of Article IV of the North Carolina Constitution reads as rewritten:
"(1)	Membership.  The Supreme Court shall consist of a Chief Justice and six Associate Justices, but the General Assembly may increase the number of Associate Justices to not more than eight.  The Governor shall nominate, and with the advice and consent of a majority of the Senate and of the House of Representatives present and voting, appoint the Chief Justice and the Associate Justices.  The General Assembly may by law permit persons nominated to serve pending appointment, and it may permit persons appointed to serve pending the beginning of their initial term.  In the event the Chief Justice is unable, on account of absence or temporary incapacity, to perform any of the duties placed upon him, the senior Associate Justice available may discharge these duties."
Sec. 2.  Section 7 of Article IV of the North Carolina Constitution reads as rewritten:
"Sec. 7.  Court of Appeals.
The structure, organization, and composition of the Court of Appeals shall be determined by the General Assembly.  The Governor shall nominate, and with the advice and consent of a majority of the Senate and of the House of Representatives present and voting, appoint the Judges of the Court of Appeals.  The General Assembly may by law permit persons nominated to serve pending appointment, and it may permit persons appointed to serve pending the beginning of their initial term.  The Court shall have not less than five members, and may be authorized to sit in divisions, or other than en banc.  Sessions of the Court shall be held at such times and places as the General Assembly may prescribe."
Sec. 3.  Section 16 of Article IV of the North Carolina Constitution reads as rewritten:
"Sec. 16.  Terms of office and selection of Justices of the Supreme Court, Judges of the Court of Appeals, and Judges of the Superior Court.
Judges of the Superior court shall be elected by the qualified voters and shall hold office for terms of eight years and until their successors are elected and qualified.  Regular Judges of the Superior Court may be elected by the qualified voters of the State or by the voters of their respective districts, as the General Assembly may prescribe.
Justices of the Supreme Court and Judges of the Court of Appeals shall be appointed as provided by this Article and shall hold office for terms of eight years and until their successors are elected and qualified."
Sec. 4.  Section 19 of Article IV of the North Carolina Constitution reads as rewritten:
	"Sec. 19.  Vacancies.
	(1)  Vacancies in the offices of Regular Superior Court Judges and district attorney 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 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 Regular Superior Court Judge or district attorney expires on the first day of January succeeding the next election for members of the General Assembly, the Governor shall appoint to fill that vacancy for the unexpired term of the office.  If any person elected or appointed to the office of Regular Superior Court Judge, district attorney, or clerk of superior court 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.
(2)	When a vacancy occurs in the office of Chief Justice or Associate Justice of the Supreme Court, or Judge of the Court of Appeals, the Governor shall nominate, and with the advice and consent of a majority of those present and voting of the Senate and of the House of Representatives, appoint a person to fill the unexpired term of the office.  The General Assembly may authorize by law interim appointment by the Governor without the advice and consent of the General Assembly, subject to such limitation on the duration of the interim appointment as the General Assembly shall provide by general law." ¨
Sec. 5.  Article IV of the North Carolina Constitution is amended by adding a new section to read:
"Sec. 23.  Transition to appointment system.
Justices of the Supreme Court and Judges of the Court of Appeals holding office on the effective date of amendments to this Article deleting provisions requiring elections for Justices and Judges, and inserting in their place provisions requiring appointment of Justices and Judges, shall continue in office until the expiration of their terms.  The General Assembly may also provide by general law for the extension of terms of such Justices and Judges if necessary to an orderly transition to an appointive system of initial selection."
Sec. 6.  Section 10 of Article IV of the Constitution of North Carolina reads as rewritten:
"Sec. 10.  District Courts.
The General Assembly shall, from time to time, divide the State into a convenient number of local court districts and shall prescribe where the District Courts shall sit, but a District Court must sit in at least one place in each county.  Regular District Judges shall be elected for each district for a term of four years, in a manner prescribed by law.  When more than one District Judge is authorized and elected for a district, the Chief Justice of the Supreme Court shall designate one of the judges as Chief District Judge. The General Assembly may provide by general law for the appointment of special district court judges not selected for a particular district.  Every Regular District Judge shall reside in the district for which he is elected.  For each county, the senior regular resident Judge of the Superior Court serving the county shall appoint for a term of two years, from nominations submitted by the Clerk of the Superior Court of the county, one or more Magistrates who shall be officers of the District Court.  The number of District Judges and Magistrates shall, from time to time, be determined by the General Assembly.  Vacancies in the office of District Judge shall be filled for the unexpired term in a manner prescribed by law.  Vacancies in the office of Magistrate shall be filled for the unexpired term in the manner provided for original appointment to the office."
Sec. 7.  The amendments set out in Sections 1 through 6 of this act shall be submitted to the qualified voters of the State at a statewide election on November 7, 1995, 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 amendments to change from election to appointment of appellate judges by the Governor subject to the advice and consent of the General Assembly, for terms of eight years, to allow the appointment of special district court judges, and to provide by law for nonpartisan election of superior court and district court judges."
Sec. 8.  If a majority of votes cast on the question are in favor of the amendments set out in Sections 1 through 6 of this act, the State Board of Elections shall certify the amendments to the Secretary of State.  The amendments become effective upon this certification.  The Secretary of State shall enroll the amendments so certified among the permanent records of that office.
Sec. 8.1.  Notwithstanding G.S. 163-107(c), in 1996 only, if at the time filing of notices for candidacy for the offices of Chief Justice of the Supreme Court, Justice of the Supreme Court, or Judge of the Court of Appeals is to open under G.S. 163-106(c), the provisions of this act that provide that those offices are no longer elective have not been approved under section 5 of the Voting Rights Act of 1965, then notices of candidacy for that office shall not be filed with the State Board of Elections earlier than the third Monday in January.
Sec. 9.  Chapter 7A of the General Statutes is amended by adding a new Article to read:
"ARTICLE 1A.
"Appointment and Confirmation of Justices and Judges.
"§ 7A-4.1.  Appointment of justices and judges by Governor and confirmation by General Assembly.
(a)	When a new judgeship on the Supreme Court or Court of Appeals is created, the Governor shall, within 120 days after the act creating the judgeship becomes law, nominate a person to serve in the judgeship.
(b)	When a vacancy occurs in the office of Chief Justice of the Supreme Court, Associate Justice of the Supreme Court, or Judge of the Court of Appeals, the Governor shall nominate a person to fill the vacancy for the remainder of the unexpired term.  The Governor shall submit the nomination to the General Assembly no later than 120 days after the vacancy is created.
(c)	When a term of office of Chief Justice of the Supreme Court, Associate Justice of the Supreme Court, or Judge of the Court of Appeals is to expire, the Governor should submit a nomination no later than March 1 of the year the term is to expire.
(d)	Nominees are subject to confirmation as provided in this subsection.  A nominee is confirmed by passage of a joint resolution of the General Assembly.  The Governor may withdraw a nomination at any time.
(e)	In addition to any other lawful requirement for service as a justice or judge, a nominee, in order to be eligible to be nominated for Chief Justice of the Supreme Court, Associate Justice of the Supreme Court, or Judge of the Court of Appeals, shall be a registered voter in this State.
(f)	The Governor, in making nominations, shall make reasonable efforts to ensure that his nominees are broadly representative of the people of this State.
"§ 7A-4.2.  Recess appointments.
No nominee of the Governor to Chief Justice, Associate Justice of the Supreme Court, or Judge of the Court of Appeals, shall be appointed until that appointee shall have been confirmed by joint resolution of the General Assembly, unless the vacancy occurs after the General Assembly has adjourned sine die or for more than 10 days and has not reconvened.  If the vacancy occurs after the General Assembly has adjourned sine die or for more than 10 days and has not reconvened, the Governor may appoint a person who shall assume office and serve until the earlier of the expiration of the term or the sixtieth calendar day following the next day either house of the General Assembly is in session.  After that date, the appointee does not hold over.
"§ 7A-4.3.  Confirmation procedures.
(a)	A legislative committee to which the issue of confirmation is referred may conduct an investigation of the nominee.  Documents prepared or received by the committee in the course of its investigation are confidential and not subject to public inspection without the consent of the nominee, notwithstanding the provisions of Chapter 132 of the General Statutes.  The investigation may include an evaluation of the nominee's ethical conduct, the nominee's knowledge of and application of the law, the nominee's management of the courts over which he has presided, the nominee's work habits, the nominee's health, the nominee's judicial demeanor, and any other matter that the Committee determines to be relevant to its inquiry.  The nominee or judge shall be given an opportunity to present to the committee any information that the nominee determines to be appropriate.
(b)	The committee shall be allowed to inspect the files of the Judicial Standards Commission by request of the chairman of the committee.  Notwithstanding the provisions of G.S. 7A-377, the files of the Judicial Standards Commission shall be made available to the committee.  Meetings of the committee shall not be subject to the provisions of Article 33C of Chapter 143 of the General Statutes.  Testimony and other evidence presented to the committee is privileged in any action for defamation.
"§ 7A-4.4.  Governor to issue commissions to justices and judges.
Every person duly nominated by the Governor as Chief Justice of the Supreme Court, Associate Justice of the Supreme Court, or Judge of the Court of Appeals and duly confirmed by the General Assembly shall be appointed by the Governor and shall procure from the Governor a commission attesting that fact, which the Governor shall issue upon receipt of a certification by the Secretary of State of the joint resolution of confirmation.  The Secretary of State shall inform the Governor whenever the General Assembly adjourns or recesses for more than 30 days or adjourns sine die.
"§ 7A-4.5.  Transitional provisions for judges in office on effective date of Article.
(a)	Terms of office of justices and judges of the Supreme Court and Court of Appeals in office on December 31, 1996, are extended until August 31 of the year in which they would have expired.  Succeeding terms commence on September 1, and terms of any additional justices of the Supreme Court or judges of the Court of Appeals commence on September 1, except that the General Assembly may provide for commencement at an earlier date in that year, with the expiration remaining at eight years from September 1.
(b)	No election for Chief Justice or Associate Justice of the Supreme Court, or Judge of the Court of Appeals, shall be held in 1996 or thereafter.
"§ 7A-4.6.  Regular Judge only.
This Article does not apply to vacancies in the office of special, emergency, or special emergency judge of Superior Court."
Sec. 10.  G.S. 7A-10(a) reads as rewritten:
"(a)	The Supreme Court shall consist of a Chief Justice and six associate justices, selected as provided by Article 1A of this Chapter. Before entering upon the duties of his office, each justice shall take an oath of office. Four justices shall constitute a quorum for the transaction of the business of the court. Sessions of the court shall be held in the city of Raleigh, and scheduled by rule of court so as to discharge expeditiously the court's business."
Sec. 11.  G.S. 7A-16 reads as rewritten:
"§ 7A-16.  Creation and organization.
The Court of Appeals shall consist of 12 judges, selected as provided in Article 1A of this Chapter.  The Chief Justice of the Supreme Court shall designate one of the judges as Chief Judge to serve in such capacity at the pleasure of the Chief Justice.  Before entering upon the duties of his office, a judge of the Court of Appeals shall take the oath of office prescribed for a judge of the General Court of Justice.
The Court of Appeals shall sit in panels of three judges each. The Chief Judge insofar as practicable shall assign the members to panels in such fashion that each member sits a substantially equal number of times with each other member. He shall preside over the panel of which he is a member, and shall designate the presiding judge of the other panel or panels.
Three judges shall constitute a quorum for the transaction of the business of the court, except as may be provided in G.S. 7A-32.
In the event the Chief Judge is unable, on account of absence or temporary incapacity, to perform the duties placed upon him as Chief Judge, the Chief Justice shall appoint an acting Chief Judge from the other judges of the Court, to temporarily discharge the duties of Chief Judge."
Sec. 12.  G.S. 163-106(c) reads as rewritten:
"(c)	Time for Filing Notice of Candidacy. – Candidates seeking party primary nominations for the following offices shall file their notice of candidacy with the State Board of Elections no earlier than 12:00 noon on the first Monday in January and no later than 12:00 noon on the first Monday in February preceding the primary:
Governor
Lieutenant Governor
All State executive officers
United States Senators
Members of the House of Representatives of the United States
District attorneys
Candidates seeking party primary nominations for the following offices shall file their notice of candidacy with the county board of elections no earlier than 12:00 noon on the first Monday in January and no later than 12:00 noon on the first Monday in February preceding the primary:
State Senators
Members of the State House of Representatives
All county offices."
Sec. 13.  G.S. 163-106(d) reads as rewritten:
"(d)	Notice of Candidacy for Certain Offices to Indicate Vacancy. – In any primary in which there are two vacancies for United States Senator from North Carolina to be filled by nominations, each candidate shall, at the time of filing notice of candidacy, file with the State Board of Elections a written statement designating the vacancy to which he seeks nomination. Votes cast for a candidate shall be effective only for his nomination to the vacancy for which he has given notice of candidacy as provided in this subsection.
A person seeking party nomination for a specialized district judgeship established under G.S. 7A-147 shall, at the time of filing notice of candidacy, file with the State Board of Elections a written statement designating the specialized judgeship to which he seeks nomination."
Sec. 14.  G.S. 163-107(a) reads as rewritten:
"(a)	Fee Schedule. – At the time of filing a notice of candidacy, each candidate shall pay to the board of elections with which he files under the provisions of G.S. 163-106 a filing fee for the office he seeks in the amount specified in the following tabulation: 
Office Sought	Amount of Filing Fee

Governor 	One percent (1%) of the annual
	  salary of the office sought
Lieutenant Governor 	One percent (1%) of the annual
	  salary of the office sought
All State executive offices 	One percent (1%) of the annual
	  salary of the office sought
All	One percent (1%) of the annual
  District Attorneys of the	  salary of the office sought
  General Court of Justice
United States Senator 	One percent (1%) of the annual
	  salary of the office sought
Members of the United States 	One percent (1%) of the annual
  House of Representatives 	  salary of the office sought
State Senator 	One percent (1%) of the annual
	  salary of the office sought
Member of the State House of 	One percent (1%) of the annual
  Representatives	  salary of the office sought
All county offices not 	One percent (1%) of the annual
  compensated by fees	  salary of the office sought
County commissioners, if 	Ten dollars ($10.00)
  compensated entirely by fees
Members of county board of 	Five dollars ($5.00)
  education, if compensated 
  entirely by fees
Sheriff, if compensated 	Forty dollars($40.00), plus one
  entirely by fees 	  percent (1%) of the income of the
	  office above four thousand
	  dollars ($4,000)
Clerk of superior court, if 	Forty dollars ($40.00), plus one
  compensated entirely by fees 	  percent (1%) of the income of the
	  office above four thousand
	  dollars ($4,000)
Register of deeds, if 	Forty dollars ($40.00), plus one
  compensated entirely by fees 	  percent (1%) of the income of the
	  office above four thousand
	  dollars($4,000)
Any other county office, if 	Twenty dollars ($20.00), plus one
  compensated entirely by fees	  percent (1%) of the income of the
	  office above two thousand dollars
	  ($2,000)
All county offices compensated 	One percent (1%) of the first
	  partly by salary and partly  	  annual salary to be received
  by fees	  (exclusive of fees)." Sec. 15.  G.S. 163-107.1(b) reads as rewritten:
"(b)	If the candidate is seeking the office of United States Senator, Governor, Lieutenant Governor, or any State executive officer, 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. 16.  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,
Lieutenant Governor,
All State executive officers,
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. 17.  G.S. 163-140(a) reads as rewritten:
"(a)	Kinds of General Election Ballots; Right to Combine. – For purposes of general elections, there shall be six kinds of official ballots entitled:
(1)	Ballot for presidential electors
(2)	Ballot for United States Senator
(3)	Ballot for member of the United States House of Representatives
(4)	State ballot
(5)	County ballot
(6)	Repealed by Session Laws 1973, c. 793, s. 56.
(7)	Ballot for constitutional amendments and other propositions submitted to the people.
(8)	Judicial ballot for Superior Court and District Court.
Use of official ballots shall be limited to the purposes indicated by their titles. The printing on all ballots shall be plain and legible but, unless large type is specified by this section, type larger than 10-point shall not be used in printing ballots. All general election ballots shall be prepared in such a way as to leave sufficient blank space beneath each name printed thereon in which a voter may conveniently write the name of any person for whom he may desire to vote.
Unless prohibited by this section, the board of elections, State or county, charged by law with printing ballots may, in its discretion, combine any two or more official ballots. Whenever two or more ballots are combined, the voting instructions for the State ballot set out in subsection (b)(4) of this section shall be used, except that if the two ballots being combined do not contain a multi-seat race, then the second sentence of instruction b. shall not appear on the ballot.
Contests in the general election for seats in the State House of Representatives and State Senate shall be on ballots that are separate from ballots containing non-legislative contests, except where the voting system used makes separation of ballots impractical. State House and State Senate contests shall be on the same ballot, unless one is a single-seat contest and the other a multi-seat contest.
The same rules for the judicial ballots for Superior Court and District Court apply whether the election is being held at the same time as the primary under G.S. 163-322, or at the same time as the general election for unexpired terms for the superior court under G.S. 163-322.1."
Sec. 18.  G.S. 163-177 reads as rewritten:
"§ 163-177.  Disposition of duplicate abstracts.
Within six hours after the returns of a primary or election have been canvassed and the results judicially determined, the chairman of the county board of elections shall mail, or otherwise deliver, to the State Board of Elections the duplicate-original abstracts prepared in accordance with G.S. 163-176 for all offices and referenda for which the State Board of Elections is required to canvass the votes and declare the results including:
President and Vice-President of the United States
Governor, Lieutenant Governor, and all other State executive officers
United States Senators
Members of the House of Representatives of the United States Congress
Superior Court Judges, District Court Judges and District Attorneys of the General Court of Justice
State Senators in multi-county senatorial districts
Members of the State House of Representatives in multi-county representative districts
Constitutional amendments and propositions submitted to the voters of the State.
One duplicate abstract prepared in accordance with G.S. 163-176 for all offices and referenda for which the county board of elections is required to canvass the votes and declare the results (and which are listed below) shall be retained by the county board, which shall forthwith publish and declare the results; the second duplicate abstract shall be mailed to the chairman of the State Board of Elections, to the end that there be one set of all primary and election returns available at the seat of government.
All county offices
State Senators in single-county senatorial districts
Members of the State House of Representatives in single-county representative districts
Propositions submitted to the voters of one county.
If the chairman of the county board of elections fails or neglects to transmit duplicate abstracts to the chairman of the State Board of Elections within the time prescribed in this section, he shall be guilty of a misdemeanor.  Provided, that the penalty shall not apply if the chairman was prevented from performing the prescribed duty because of sickness or other unavoidable delay, but the burden of proof shall be on the chairman to show that his failure to perform was due to sickness or unavoidable delay."
Sec. 19.  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 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 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. 20.  G.S. 163-194 reads as rewritten:
"§ 163-194.  Governor to issue commissions to certain elected officials.
Every person duly elected to one of the offices listed below, upon obtaining a certificate of his election from the Secretary of State under the provisions of G.S. 163-193, shall procure from the Governor a commission attesting his election to the specified office, which the Governor shall issue upon production of the Secretary of State's certificate:
Members of the United States House of Representatives, Superior Court Judges, District Court Judges and District Attorneys of the General Court of Justice."
Sec. 21. (a)	G.S. 163-1 is amended in the table by deleting the entries for "Justices and Judges of the Appellate Division".
(b)	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. 22.  G.S. 163-9 reads as rewritten:
"§ 163-9.  Filling vacancies in district judicial offices.
Vacancies occurring in the office of 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 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, 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. 23.  Chapter 163 of the General Statutes is amended by adding a new Subchapter to read:
"SUBCHAPTER X.  ELECTION OF JUSTICES AND JUDGES.
"ARTICLE 25.
"Nomination and Election of Judges.
"§ 163-321.  Applicability.
The nomination and election of Superior and District Court Judges of the General Court of Justice shall be as provided by this Article.  G.S. 163-322 applies to elections for district court judges and elections of Superior Court Judges to full terms and provides for election at the time of the primary with a runoff at the time of the second primary.  G.S. 163-322.1 applies to elections of Superior Court Judges to the remainder of an unexpired term, which under Section 19 of Article IV of the Constitution of North Carolina must be held at the time of the general election for members of the General Assembly.
"§ 163-322.  Nonpartisan election and runoff election method; district court, superior court full terms.
(a)	Except as otherwise provided in this Article, elections of Superior and District Court Judges shall be determined by a majority of the votes cast. A majority within the meaning of this section shall be determined as follows:
(1)	When more than one person is seeking election to a single office, the majority shall be ascertained by dividing the total vote cast for all candidates by two. Any excess of the sum so ascertained shall be a majority, and the candidate who obtains a majority shall be declared elected.
(2)	When more persons are seeking election to two or more offices (constituting a group) than there are offices to be filled, the majority shall be ascertained by dividing the total vote cast for all candidates by the number of offices to be filled, and by dividing the result by two. Any excess of the sum so ascertained shall be a majority, and the candidates who obtain a majority shall be declared elected. If more candidates obtain a majority than there are offices to be filled, those having the highest vote (equal to the number of offices to be filled) shall be declared elected.
(b)	If no candidate for a single office receives a majority of the votes cast, or if an insufficient number of candidates receives a majority of the votes cast for a group of offices, a runoff election shall be held as herein provided:
(1)	If no candidate for a single office receives a majority of the votes cast, the candidate receiving the highest number of votes shall be declared elected unless the candidate receiving the second highest number of votes requests a runoff election in accordance with subsection (c) of this section. In the runoff election only the names of the two candidates who received the highest and next highest number of votes shall be printed on the ballot.
(2)	If candidates for two or more offices (constituting a group)  are to be selected and aspirants for some or all of the positions within the group do not receive a majority of the votes, those candidates equal in number to the positions remaining to be filled and having the highest number of votes shall be declared elected unless some one or all of the candidates equal in number to the positions remaining to be filled and having the second highest number of votes shall request a runoff election in accordance with subsection (c) of this section. In the runoff election to elect candidates for the positions in the group remaining to be filled, the names of all those candidates receiving the highest number of votes and demanding a runoff election shall be printed on the ballot.
(c)	The election shall be on the same day as the primary election as provided by G.S. 163-1(b).
(d)	The canvass of the first election shall be held on the same date as the canvass for the partisan primary.  A candidate who is apparently entitled to demand a runoff election, according to the unofficial results, for one of the offices listed below, and desiring to do so, shall file a request for a runoff election 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 election 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 runoff election is in fact eligible to call for a runoff election, 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.
(e)	Tie votes; how determined:
(1)	If there is a tie for the highest number of votes in a first election, the State Board of Elections shall conduct a recount and declare the results. If the recount shows a tie vote, a runoff election between the two shall be held unless one of the candidates, within three days after the result of the recount has been officially declared, files a written notice of withdrawal with the State Board of Elections. Should that be done, the remaining candidate shall be declared elected.
(2)	If one candidate receives the highest number of votes cast in a first election, but short of a majority, and there is a tie between two or more of the other candidates receiving the second highest number of votes, the State Board of Elections shall declare the candidate having the highest number of votes to be elected, unless all but one of the tied candidates give written notice of withdrawal to the State Board of Elections within three days after the result of the first election has been officially declared. If all but one of the tied candidates withdraw within the prescribed three-day period, and the remaining candidate demands a runoff election in accordance with subsection (c) of this section, a runoff election shall be held between the candidate who received the highest vote and the remaining candidate who received the second highest vote.
(f)	Runoff elections shall be held on the same date as the second primary in accordance with G.S. 163-111(e).  Persons whose registrations become valid between the date of the first election and the runoff election shall be entitled to vote in the runoff election, but in all other respects the runoff election shall be held under the laws, rules, and regulations provided for the first election.
(g)	A second runoff election shall not be held. The candidates receiving the highest number of votes in a runoff election shall be elected. If in a runoff election there is a tie for the highest number of votes between two candidates, the board of elections shall determine the winner by lot.
"§ 163-322.1.  Plurality election for superior court unexpired terms.
(a)	This section applies to elections to fill the unexpired terms of superior court judges.
(b)	The election shall be held at the same time as the general election under G.S. 163-1.
(c)	In conducting nonpartisan elections and using the plurality method, elections shall be determined in accordance with the following rules:
(1)	When more than one person is seeking election to a single office, the candidate who receives the highest number of votes shall be declared elected.
(2)	When more persons are seeking election to two or more offices (constituting a group) than there are offices to be filled, those candidates receiving the highest number of votes, equal in number to the number of offices to be filled, shall be declared elected.
(3)	If two or more candidates receiving the highest number of votes each receive the same number of votes, the State Board of Elections shall determine the winner by lot.
"§ 163-323.  Notice of candidacy.
(a)	Form of Notice.  Each person offering himself as a candidate for election shall do so by filing a notice of candidacy with the State Board of Elections in the following form, inserting the words in parentheses when appropriate:
'Date________________________________;
I hereby file notice that I am a candidate for election to the office of _________________________ in the regular election to be held ___________________, ____.
Signed ___________________;
(Name of Candidate)
Witness:___________________________'
The notice of candidacy shall be either signed in the presence of the chairman or secretary of the State Board of Elections, or signed and acknowledged before an officer authorized to take acknowledgments who shall certify the notice under seal.  An acknowledged and certified notice may be mailed to the State Board of Elections.  In signing his notice of candidacy, the candidate shall use only his legal name and, in his discretion, any nickname by which he is commonly known.  A candidate may also, in lieu of his first name and legal middle initial or middle name, if any, sign his nickname, provided he appends to the notice of candidacy an affidavit that he has been commonly known by that nickname for at least five years prior to the date of making the affidavit.  The candidate shall also include with the affidavit the way his name (as permitted by law) should be listed on the ballot if another candidate with the same last name files a notice of candidacy for that office.
A notice of candidacy signed by an agent or any person other than the candidate himself shall be invalid.
(b)	Time for Filing Notice of Candidacy.  Candidates seeking election to a full term for Judge of the Superior Courts or Judge of the District Courts shall file their notice of candidacy with the State Board of Elections no earlier than 12:00 noon on the first Monday in January and no later than 12:00 noon on the first Monday in February preceding the election.
Candidates seeking election to the unexpired term of a judge of superior court shall file their notice of candidacy with the State Board of Elections no:
(1)	Earlier than 12:00 noon on the first Monday in January and no later than 12:00 noon on the first Monday in February preceding the election if the vacancy occurs prior to the first day in December of the year preceding the election;
(2)	Earlier than 12:00 noon on the first Monday in August and no later than 12:00 noon on the first Monday in September preceding the election if the vacancy occurs after the last day in November of the year preceding the election but prior to the first day in July of the year of the election; or
(3)	Later than 12:00 noon on the 55th day prior to the election if the vacancy occurs after the last day in June but no later than the 60th day before the election;
(c)	Withdrawal of Notice of Candidacy.  Any person who has filed a notice of candidacy for an office shall have the right to withdraw it at any time prior to the date on which the right to file for that office expires under the terms of subsection (b) of this section.
(d)	Certificate that Candidate is Registered Voter.  Candidates shall file along with their notice a certificate signed by the chairman of the board of elections or the supervisor of elections of the county in which they are registered to vote, stating that the person is registered to vote in that county, and if the county contains more than one superior court district, stating which superior court district the person is a resident of.  In issuing such certificate, the chairman or supervisor shall check the registration records of the county to verify such information.  During the period commencing 36 hours immediately preceding the filing deadline, the State Board of Elections shall accept, on a conditional basis, the notice of candidacy of a candidate who has failed to secure the verification ordered herein subject to receipt of verification no later than three days following the filing deadline.  The State Board of Elections shall prescribe the form for such certificate, and distribute it to each county board of elections no later than the last Monday in December of each odd-numbered year.
(e)	Candidacy for More Than One Office Prohibited.  No person may file a notice of candidacy for more than one office or group of offices described in subsection (b) of this section for any one election.  If a person has filed a notice of candidacy with a board of elections under this section for one office or group of offices, then a notice of candidacy may not later be filed for any other office or group of offices under this section when the election is on the same date unless the notice of candidacy for the first office is withdrawn under subsection (c) of this section.
"§ 163-324.  Filing fees required of candidates; refunds.
(a)	Fee Schedule.  At the time of filing a notice of candidacy under this Article, each candidate shall pay to the State Board of Elections a filing fee for the office he seeks in the amount of one per cent (1%) of the annual salary of the office sought.
(b)	Refund of Fees.  If any person who has filed a notice of candidacy and paid the filing fee prescribed in subsection (a) of this section withdraws his notice of candidacy within the period prescribed in G.S. 163-323(c), he shall be entitled to have the fee he paid refunded.  The chairman of the State Board of Elections shall cause a warrant to be drawn on the State Treasurer for the refund payment.
"§ 163-325.  Petition in lieu of payment of filing fee.
(a)	General.  Any qualified voter who seeks election under this Article may, in lieu of payment of any filing fee required for the office he seeks, file a written petition requesting him to be a candidate for a specified office, with the State Board of Elections.
(b)	Requirements of Petition; Deadline for Filing.  If the candidate is seeking the Office of Superior Court Judge or District Court Judge, he shall file a written petition with the State 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 per cent (10%) of the registered voters of the election area in which the office will be voted for.  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 Judge of the District Court and the Judge of the Superior Court 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.  The State Board of Elections may adopt rules to implement this section and to provide standard petition forms.
"§ 163-326.  Certification of notices of candidacy.
(a)	Names of Candidates Sent to Secretary of State.  Within three days after the time for filing notices of candidacy with the State Board of Elections under the provisions of G.S. 163-323(b) has expired, the chairman or secretary of that Board shall certify to the Secretary of State the name and address of each person who has filed with the State Board of Elections, indicating in each instance the office sought.
(b)	Notification of Local Boards.  No later than 10 days after the time for filing notices of candidacy under the provisions of G.S. 163-323(b) 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 offices of Superior Court Judge and District Court Judge who have filed the required notice and paid the required filing fee or presented the required petition to the State Board of Elections, so that their names may be printed on the official county ballots.
(c)	Receipt of Notification by County Board.  Within two days after receipt of each of the letters of certification from the chairman of the State Board of Elections required by subsection (b) of this section, each county elections board chairman shall acknowledge receipt by letter addressed to the chairman of the State Board of Elections.
"§ 163-327.  Death of elected officers.
If a person elected to the office of District or Superior Court Judge dies, becomes disqualified, or resigns on or after election day and before he has qualified by taking the oath of office, the office shall be deemed vacant, and shall be filled as provided by law.
"§ 163-328.  Failure of candidates to file; death of a candidate before election.
(a)	Insufficient Number of Candidates.  If when the filing period expires, candidates have not filed for an office to be filled under this Article, the State Board of Elections shall extend the filing period for five days for any such offices.
(b)	Death of Candidate; Reopening Filing.  If at the time the filing period closes only one or two persons have filed notice of candidacy for election to a single office or not more than twice as many persons have filed notice of candidacy for group offices as there are offices to be filled, and thereafter a candidate dies before the election and before the ballots are printed, the Board of Elections shall, upon notification of the death, immediately reopen the filing period for an additional five days during which time additional candidates shall be permitted to file for election.  If the ballots have been printed at the time the State Board of Elections receives notice of the candidate's death, the Board shall determine whether there will be sufficient time to reprint them before the election if the filing period is reopened for three days.  If the Board determines that there will be sufficient time to reprint the ballots, it shall reopen the filing period for three days to allow other candidates to file for election.
(c)	Death of Nominated Candidate; Ballots Not Reprinted.  If the ballots have been printed at the time the Board of Elections receives notice of a candidate's death, and if the Board determines that there is not enough time to reprint the ballots before the election if the filing period is reopened for three days, then regardless of the number of candidates remaining for the office or group of offices, the ballots shall not be reprinted and the name of the deceased candidate shall remain on the ballots.  If a deceased candidate should poll the highest number of votes in the election for a single office or enough votes to be elected to one of a group of offices, the State Board of Elections shall declare the office vacant and it shall be filled in the manner provided by law.
"§ 163-329.  Ballots.
(a)	General. In elections there shall be official ballots.  The ballots shall be printed to conform to the requirement of G.S. 163-140(c) and to show the name of each person who has filed notice of candidacy, and the office for which each aspirant is a candidate.
Only those who have filed the required notice of candidacy with the proper board of elections, and who have paid the required filing fee or qualified by petition, shall have their names printed on the official primary ballots.
(b)	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 the following offices to be voted for in the primary:
Superior Court Judge, and District Court Judge.
In printing 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 ballots for the offices listed in this subsection, or it may combine some or all of them on a single ballot.  In an election, if there are 10 or more candidates for nomination to any one office or group of offices, the county board of elections in its discretion may prepare a separate ballot for that office or group of offices.
Three days before the election, the chairman of the county board of elections shall distribute official ballots to the chief judge of each precinct in his county, and the chief judge shall give a receipt for the ballots received.  On the day of the primary, it shall be the chief judge's duty to have all the ballots delivered to him available for use at the precinct voting place.
"§ 163-330.  Canvass.
The county board of elections shall, in addition to the requirements contained in G.S. 163-175, canvass the results in judicial elections, the number of legal votes cast in each precinct for each candidate, the name of each person voted for, and the total number of votes cast in the county for each person for each different office.
"§ 163-331.  Counting of ballots.
Counting of ballots in primaries and elections held under this Article shall be under the same rules as for counting of ballots in nonpartisan municipal elections under Article 24 of this Chapter.
"§ 163-335.  Other rules.
Except as provided by this Article, the conduct of elections shall be governed by Subchapter VI of this Chapter."
Sec. 24.  Chapter 7A of the General Statutes is amended by inserting 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 for which the election is sought."
Sec. 25.  G.S. 7A-142 reads as rewritten:
"§ 7A-142. Vacancies in office.
A vacancy in the office of district judge shall be filled for the unexpired term by appointment of the Governor from nominations submitted by the bar of the judicial district as defined in G.S. 84-19. If the district court district is comprised of counties in more than one judicial district, the nominees shall be submitted jointly by the bars of those judicial districts, but only those members who reside in the district court district shall participate in the selection of the nominees. The district bar shall submit to the Governor the names of three persons who are residents of the district court district that are duly authorized to practice law in the district; provided that if there are not three persons who are available, the bar shall submit the names of two persons who meet the qualifications of this sentence. Within 60 days after the district bar submits nominations for a vacancy, the Governor shall appoint to fill the vacancy.  If the Governor fails to appoint a district bar nominee within 60 days, then the district bar nominee who received the highest number of votes from the district bar shall fill the vacancy.  If the district bar fails to submit nominations within 30 days from the date the vacancy occurs, the Governor may appoint to fill the vacancy without waiting for nominations."
Sec. 26.  G.S. 7A-147 reads as rewritten:
"§ 7A-147. Specialized judgeships.
(a)	Prior to January 1 of each year in which elections for district court judges are to be held, the Administrative Officer of the Courts may, with the approval of the chief district judge, designate one or more judgeships in districts having three or more judgeships, as specialized judgeships, naming in each case the specialty. Designations shall become effective when filed with the State Board of Elections. The position or positions shall be filled at the general election thereafter. The State Board of Elections shall prepare general election ballots to effectuate the purposes of this section.
(b)	The designation of a specialized judgeship shall in no way impair the right of the chief district judge to arrange sessions for the trial of specialized cases and to assign any district judge to preside over these sessions. A judge elected to a specialized judgeship has the same powers as a regular district judge.
(c)	The policy of the State is to encourage specialization in juvenile cases by district court judges who are qualified by training and temperament to be effective in relating to youth and in the use of appropriate community resources to meet their needs. The Administrative Office of the Courts is therefore authorized to encourage judges who hear juvenile cases to secure appropriate training whether or not they were elected to a specialized judgeship as provided herein. Such training shall be provided within the funds available to the Administrative Office of the Courts for such training, and judges attending such training shall be reimbursed for travel and subsistence expenses at the same rate as is applicable to other State employees.
The Administrative Office of the Courts shall develop a plan whereby a district court judge may be better qualified to hear juvenile cases by reason of training, experience, and demonstrated ability. Any district court judge who completes the training under this plan shall receive a certificate to this effect from the Administrative Office of the Courts. In districts where there is a district court judge who has completed this training as herein provided, the chief district judge shall give due consideration in the assignment of such cases where practical and feasible."
Sec. 27.  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, 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. 28.  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   	|
		|
| 	Appropriate district executive
District Attorney            	|	  committee of political party
State Senator in a multi-    	| 	  in which vacancy occurs
  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

						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 75 days before the general election.
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. 29.  G.S. 163-122 is amended by adding the following subsection:
"( c)	This section does not apply to elections under Article 25 of this Chapter."
Sec. 30.  G.S. 163-135 is amended by adding a new subsection to read:
"( f)	Judicial Elections.  Except as provided by Article 25 of this Chapter, this Article shall apply to and control all elections for Superior Court and District Court Judges of the General Court of Justice."
Sec. 31.  G.S. 163-137(a) is amended by adding the following new subdivision:
"(4)	The names of all candidates nominated under Article 25 of this Chapter."
Sec. 32.  G.S. 163-138 reads as rewritten:
"§ 163-138.  Instructions for printing names on primary and election ballots.
In preparing primary, general, and special election ballots, the legal name of a candidate (together with his nickname in the situation outlined below) shall be printed precisely as it appears on the notice of candidacy form filed in accordance with G.S. 163-106, G.S. 163-323, or in petition forms filed in accordance with G.S. 163-122.  If the candidate has inserted a nickname on the notice of candidacy or in the petition, it shall be printed on the ballot immediately before the candidate's surname and shall be enclosed by parentheses.  Notwithstanding the previous sentence, if the candidate has used his nickname in lieu of first and middle names as permitted by G.S. 163-106(a), unless another candidate for the same office who files a notice of candidacy has the same last name, the nickname shall be printed on the ballot immediately before the candidate's surname but shall not be enclosed by parentheses.  If another candidate for the same office who filed a notice of candidacy has the same last name, then the candidate's name shall be printed on the ballot in accordance with the alternate indicated by the candidate on his affidavit under G.S. 163-106(a) or G.S. 163-323(a).  No title, appendage, or appellation indicating rank, status, or position, shall be printed before or following or as a nickname or in connection with the name of any candidate on any ballot.  Nevertheless, a candidate who is a married woman may use the prefix 'Mrs.' and a candidate who is a single woman may use the prefix 'Miss' before her name if she so elects."
Sec. 33.  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. 34.  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, 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. 35.  G.S. 163-140(b) is amended by adding a new subdivision to read:
"(9)	Judicial ballot for Superior Court and District Court.  The form of the judicial ballot for judges of the Superior Court and District Court shall be prepared by the county board of elections.  On the face of the ballot, shall be printed instructions for marking the voter's choice, in addition to the following instruction:  '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 responsible county board of elections.  This ballot may not be combined with any other ballot except another judicial ballot."
Sec. 36.  G.S. 163-140(c)(2) reads as rewritten:
"(2)	Separate Ballots for Each Political Party: For each political party conducting a primary election separate ballots shall be printed, and the paper used for each party's ballots shall be different in color from that used for the ballots of other parties. Ballots for elections held under Article 25 of this Chapter on the day of the primary shall be different in color than the ballots of parties. Primary ballots shall not provide for voting a straight-party ticket, but a voting square shall be printed to the left of the name of each candidate appearing on the ballot."
Sec. 37.  G.S. 163-191 reads as rewritten:
"§ 163-191. Contested primaries and elections; how tie broken.
In a primary for party nomination for one or more of the offices to be canvassed by the State Board of Elections under the provisions of G.S. 163-187, the results shall be determined in accordance with the provisions of G.S. 163-111.
In a general election for one or more of the offices to be canvassed by the State Board of Elections under the provisions of G.S. 163-187, the persons having the highest number of votes for each office, respectively, shall be declared duly elected to that office by the State Board of Elections. But if two or more be equal and highest in votes for the office, then the State Board of Elections shall order a new election for the purpose of breaking the tie except if there is a tie for superior court judge or district court judge, the tie shall be broken in accordance with Article 25 of this Chapter."
Sec. 38.  Sections 9 through 37 of this act shall become effective only if the amendments to the Constitution of North Carolina proposed by Sections 1 through 6 of this act are approved by the voters as provided by this act, and if so approved, those sections become effective upon certification of the results of the election, unless approval of any of those sections are required by section 5 of the Voting Rights Act of 1965, in which case a section requiring approval becomes effective upon such approval if such date is later than that of certification of the results of the election.   This section and Section 8.1 of this act are effective upon ratification.