A BILL TO BE ENTITLED
AN ACT to amend the north carolina constitution to provide for election of district representatives to the state board of education.
The General Assembly of North Carolina enacts:
SECTION 1.  Section 4(1) of Article IX of the North Carolina Constitution reads as rewritten:
"(1)	Board. The State Board of Education shall consist of the Lieutenant Governor, the Treasurer, and an additional number of members equal to the number of members of the United States House of Representatives apportioned to this State. Each congressional district shall be an educational district. One member of the board shall be elected from each congressional district. Members shall be elected for four-year terms beginning in 2006. If the number of members of the United States House of Representatives apportioned to this State changes, or if the boundaries of the congressional districts are changed, it shall have no effect on the educational districts until the time for the next election of members to the State Board of Education. Appointments to fill vacancies shall be made by the Governor for the unexpired terms and shall not be subject to confirmation."
SECTION 2.  The amendment set out in Section 1 of this act shall be submitted to the qualified voters of the State at the next statewide general election, 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 providing for district election of members of the State Board of Education by the people."
SECTION 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 amendments to the Secretary of State whereupon the amendments shall become effective as follows: The terms of all members of the State Board of Education other than the Lieutenant Governor and Treasurer shall expire December 31, 2006, and members of the State Board of Education shall be elected in 2006 for terms to begin January 1, 2007. Appointments shall still be made in 2005 as if this act had not been enacted, but those appointments shall also expire December 31, 2006.  The Secretary of State shall enroll the amendments so certified among the permanent records of that office.
SECTION 4.  G.S. 115C‑10 reads as rewritten:
"§ 115C‑10.  Appointment of Board.
The State Board of Education shall consist of the Lieutenant Governor, the State Treasurer, and an additional number of members equal to the number of members of the United States House of Representatives apportioned to this State. Each congressional district shall be an educational district. One member of the board shall be elected from each congressional district. Members shall be elected for four-year terms beginning with the 2006 election. The initial terms shall begin January 1, 2007. If the number of members of the United States House of Representatives apportioned to this State changes, or if the boundaries of the congressional districts are changed, it shall have no effect on the educational districts until the time for the next election of members to the State Board of Education. Appointments to fill vacancies shall be made by the Governor for the unexpired terms and shall not be subject to confirmation.
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SECTION 5.  Section 4 of this act is effective only if the constitutional amendment proposed by Section 1 of this act is approved by the voters as provided by Section 2 of this act, and if so approved, the terms of all members of the State Board of Education other than the Lieutenant Governor and Treasurer shall expire December 31, 2006, and members of the State Board of Education shall be elected in 2006 for terms to begin January 1, 2007. Appointments shall still be made in 2005 as if this act had not been enacted, but those appointments shall also expire December 31, 2006.