A BILL TO BE ENTITLED
AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO allow voters to elect to retain or reject justices or judges up for election.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  Section 16 of Article IV of the North Carolina Constitution reads as rewritten:
"Sec. 16. Terms of office and election of Justices of the Supreme Court, Judges of the Court of Appeals, and Judges of the Superior Court. 
Justices of the Supreme Court, Judges of the Court of Appeals, and regular Judges of the Superior Court shall be  subject to an election by the qualified voters as to whether they shall be retained to serve the succeeding eight‑year term of that office, and if a majority of those voting do not vote to end the term of office of that Justice or Judge, that Justice or Judge shall continue to hold office for terms of eight years to begin January 1 following the election. Justices of the Supreme Court and Judges of the Court of Appeals shall be elected by the qualified voters of the State. Regular Judges of the Superior Court  shall be elected and subject to rejection by the qualified voters of their respective districts. If a Justice or Judge does not file for such election in a manner prescribed by law, or if a majority of those voting vote not to retain that Justice or Judge from serving the succeeding term of office, a vacancy is created at the end of the then‑current term to be filled in accordance with Section 19 of this Article."
SECTION 1.(b)  Section 19 of Article IV of the North Carolina Constitution reads as rewritten:
"Sec. 19. Vacancies.
Unless otherwise provided in this Article, all vacancies occurring in the offices provided for by this Article 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  90 days after the vacancy occurs, when an election shall be held on the question of whether the Justice or Judge shall be retained to serve the succeeding term of that office. If a Justice or Judge in office does not file for the election provided in Section 16 of this Article, or if the voters vote not to retain that Justice or Judge under Section 16 of this Article, that person may not be appointed to the same office for the term that begins on January 1 following the election. When the unexpired term of any of the offices named in this Article of the Constitution in which a vacancy has occurred, and in which it is herein provided that the Governor shall fill the vacancy, 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 any of these offices shall fail to qualify, the office shall be appointed to, held and filled as provided in case of vacancies occurring therein. Except for a person who is not retained under Section 16 of this Article or does not file for such election as provided by law, incumbents of these offices shall hold until their successors are qualified."
SECTION 2.  The amendments set out in Section 1 of this act shall be submitted to the qualified voters of the State at an election on November 4, 2014, 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 on the ballot shall be:
"[ ] FOR	[ ] AGAINST
Constitutional amendment to allow Justices of the Supreme Court, Judges of the Appellate Division, and Judges of the Superior Court to continue to serve as such unless a majority of voters elect not to retain that Judge or Justice for a successive eight‑year term."
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 amendment to the Secretary of State. The amendment becomes effective upon this certification. The Secretary of State shall enroll the amendment so certified among the permanent records of that office.
SECTION 4.  This act is effective when it becomes law.