A BILL TO BE ENTITLED
AN ACT to amend the north carolina constitution to provide for the election of the state board of EDUCATION.
The General Assembly of North Carolina enacts:
SECTION 1.1.  Section 4 of Article IX of the North Carolina Constitution reads as rewritten:
"Sec. 4. State Board of Education.
(1)	Board. The State Board of Education shall consist of a chair appointed by the Governor, the Lieutenant Governor, the Superintendent of Public Instruction, and a number of elected members equal to the membership of the United States House of Representatives apportioned to the State by federal law.
(2)	Superintendent of Public Instruction. The Superintendent of Public  Instruction, in addition to voting membership on the State Board of Education, shall be the secretary and chief administrative officer of the State Board of Education.
(3)	Chair. The chair of the State Board of Education appointed by the Governor shall serve a four‑year term. The chair shall vote only in the event of a tie. The Governor shall appoint any vacancy for the chair.
(4)	Elected Members. Members elected to the State Board of Education shall be elected from the districts established by the General Assembly for members of the United States House of Representatives. Elected members shall serve staggered four‑year terms in the manner prescribed by law. Vacancies shall be filled in the manner prescribed by law."
SECTION 1.2.  The amendment set out in Section 1.1 of this act shall be submitted to the qualified voters of the State at a statewide election held on the date of the first primary in 2018, 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 to elect the majority of the membership of the State Board of Education from the same districts used for Congressional elections, to make the Superintendent of Public Instruction a voting member of the State Board of Education, to eliminate the State Treasurer as a member of the State Board of Education, to require the Governor to appoint the chair of the State Board of Education and provide that the chair votes only in the event of a tie, to eliminate the requirement that the General Assembly confirm appointments to the State Board of Education by the Governor, and to reduce the term of office for elected and appointed members to four years."
SECTION 1.3.  If a majority of votes cast on the question are in favor of the amendment set out in Section 1.1 of this act, the State Board of Elections shall certify the amendment to the Secretary of State. The Secretary of State shall enroll the amendment so certified among the permanent records of that office. The amendment set out in Section 1.1 of this act becomes effective January 1, 2021, and elected members of the State Board of Education shall be elected from Congressional districts at the general election held in 2020. The terms of all appointed members of the State Board of Education serving on March 31, 2021, shall expire on that date.
SECTION 2.(a)  G.S. 115C‑10 reads as rewritten:
"§ 115C‑10.  Composition and election of Board.
(a)	Composition. – The State Board of Education shall consist of a chair appointed by the Governor, the Lieutenant Governor, the State Superintendent of Public Instruction, and a number of elected members equal to the membership of the United States House of Representatives apportioned to the State by federal law.

(b)	Appointed Chair. – The chair of the State Board of Education appointed by the Governor shall serve a four‑year term beginning April 1 of the year immediately following the gubernatorial election. The chair shall vote only in the event of a tie. The Governor shall appoint any vacancy in the office of chair.
(c)	Elected Members. – Members elected to the State Board of Education shall be elected from the districts established by the General Assembly for members of the United States House of Representatives in Article 17 of Chapter 163 of the General Statutes. Elected members shall serve staggered four‑year terms. Members elected from odd‑numbered Congressional districts shall be elected in 2020 and every four years thereafter for a four‑year term beginning April 1 of the following year. Members elected from even‑numbered Congressional districts shall be elected in 2020 for a two‑year term beginning April 1 of the following year and shall be elected in 2022 and every four years thereafter for a four‑year term beginning April 1 of the following year. Members shall be elected and vacancies in office filled as provided in Chapter 163 of the General Statutes."
SECTION 2.(b)  G.S. 115C‑11(a) reads as rewritten:
"(a)	Organization of Board. – The State Board of Education shall elect from its membership a vice‑chair. A majority of the Board shall constitute a quorum for the transaction of business. Per diem and expenses of the appointive and elected members of the Board shall be provided by the General Assembly. The chair of the Board shall preside at all meetings of the Board. In the absence of the chair, the vice‑chair shall preside; in the absence of both the chair and the vice‑chair, the Board shall name one of its own members as chair."
SECTION 3.(a)  G.S. 163‑1 reads as rewritten:
"§ 163‑1.  Time of regular elections and primaries.
...
(d)	If primaries for the State Senate or State House of Representatives are temporarily moved from the date provided in subsection (b) of this section for any election year, all primaries shall be held on the same day.
OFFICE	JURISDICTION	DATE OF ELECTION	TERM OF OFFICE
Governor	State	Tuesday next after the	Four years, from
	first Monday in November	first day of January
	1968 and every four years	next after election
	thereafter

Lieutenant	State	Tuesday next after the	Four years, from
Governor	first Monday in November	first day of January
	1968 and every four years	next after election
	thereafter

Secretary of	State	Tuesday next after the	Four years, from
State	first Monday in November	first day of January
	1968 and every four years	next after election
	thereafter

Auditor	State	Tuesday next after the	Four years, from
	first Monday in November	first day of January
1968 and every four years	next after election
thereafter

Treasurer	State	Tuesday next after the	Four years, from
	first Monday in November	first day of January
	1968 and every four years	next after election
	thereafter

Superintendent	State	Tuesday next after the	Four years, from
of Public	first Monday in November	first day of January
Instruction	1968 and every four years	next after election
	thereafter
Attorney
General	State	Tuesday next after the	Four years, from
	first Monday in November	first day of January
	1968 and every four years	next after election
	thereafter

Commissioner	State	Tuesday next after the	Four years, from
of Agriculture	first Monday in November	first day of January
	1968 and every four years	next after election
	thereafter

Commissioner	State	Tuesday next after the	Four years, from
of Labor	first Monday in November	first day of January
	1968 and every four years	next after election
	thereafter

Commissioner	State	Tuesday next after the	Four years, from
of Insurance	first Monday in November	first day of January
	1968 and every four years	next after election
	thereafter

State Board of	Congressional	At the regular election for	Four years, from
Education 	district	members of the General	first day of April
Member		Assembly immediately	next after election
		preceding the termination
		of each regular term
...."
SECTION 3.(b)  Notwithstanding G.S. 163‑1, as amended by subsection (a) of this section, members elected in 2020 from even‑numbered Congressional districts shall serve for a two‑year term beginning April 1 of the following year.
SECTION 3.(c)  Article 2 of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163‑14.  Filling vacancy in the State Board of Education.
(a)	If a vacancy shall occur among the elected members of the State Board of Education by death, resignation, or otherwise than by expiration of term, the Governor shall immediately appoint the person recommended by the political party executive committee provided by this section to serve until the vacating member's successor is elected and qualified. Each such vacancy shall be filled by election at the first election for members of the General Assembly that occurs more than 60 days after the vacancy has taken place, and the person chosen shall hold the office for the remainder of the unexpired four‑year term. However, if the term expires on the first day of April succeeding the next election for members of the General Assembly, the Governor shall appoint to fill the vacancy for the unexpired term of the office. The Governor shall make the appointment within seven days of receiving the recommendation of the committee. If the Governor fails to make the appointment within the required period, the Governor shall be presumed to have made the appointment and the State Board of Education is directed to seat the appointee as a member in good standing.
(b)	The Governor shall appoint for the unexpired portion of the term the person recommended by the Congressional district committee of the political party with which the vacating member was affiliated when elected. In the case where all of a county is included within a Congressional district, the county convention or county executive committee of that political party shall elect or appoint at least one member from that county to serve on the Congressional district executive committee. In the case where only part of a county is included within a Congressional district, the county convention or county executive committee of that political party shall elect or appoint at least one member from that county to serve on the Congressional district committee, but only the delegates to the county convention or the members of the county executive committee who reside in the district may vote in electing the district committee member. When the Congressional district committee meets, a member shall be entitled to cast for his or her county (or the part of his or her county within the district) one vote for each 300 persons or major fraction thereof residing within that county, or in the case where less than the whole county is in the district, one vote for each 300 persons or major fraction thereof residing in that part of the district within the county.
A county convention or county executive committee may elect more than one member to the Congressional district committee, but in the event that more than one member is selected from that county, each member shall cast an equal share of the votes allotted to the county.
(c)	No person is eligible for appointment to fill a vacancy in the State Board of Education under this section, unless that person would have been qualified to vote as an elector for that office if an election were to be held on the date of appointment. This section is intended to implement the provisions of Section 8 of Article VI of the North Carolina Constitution."
SECTION 3.(d)  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 second Monday in February and no later than 12:00 noon on the last business day 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
Members of the State Board of Education
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 second Monday in February and no later than 12:00 noon on the last business day in February preceding the primary:
State Senators
Members of the State House of Representatives
All county offices."
SECTION 3.(e)  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 the candidate files under the provisions of G.S. 163‑106 a filing fee for the office the candidate 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 District Attorneys of the General	One percent (1%) of the annual salary of 
	Court of Justice		the office sought
United States Senator	One percent (1%) of the annual salary of the office sought
Members of the United States House 	One percent (1%) of the annual salary of
	of Representatives		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 salary of
	Representatives		the office sought
Member of the State Board of	One percent (1%) of the prior year average
	Education		annual per diem of the office sought
All county offices not compensated by fees	One percent (1%) of the annual salary of the office sought
All county offices compensated partly	One percent (1%) of the first annual 
	by salary and partly by fees		salary to be received (exclusive of fees)
The salary of any office that is the basis for calculating the filing fee is the starting salary for the office, rather than the salary received by the incumbent, if different. If no starting salary can be determined for the office, then the salary used for calculation is the salary of the incumbent, as of January 1 of the election year."
SECTION 3.(f)  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 five percent (5%) 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, member of the State Board of Education, District Attorney, and 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."
SECTION 3.(g)  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 following offices listed below, and desiring to do so, shall file a request for a second primary in writing with the Executive Director of the State Board of Elections no later than 12:00 noon on the ninth 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 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 State Board of Education.
Members of the United States House of Representatives.
State Senators in multi‑county senatorial districts.
Members of the State House of Representatives in multi‑county representative districts."
SECTION 3.(h)  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
President	Vacancy is to be filled by appointment of 
Vice President		national executive committee of 
		political party in which vacancy occurs

Presidential elector or alternate elector	Vacancy is to be filled by appointment of 
Any elective State office		State executive committee of political
United States Senator		party in which vacancy occurs

A district office, including:	Appropriate district executive committee of
	Member of the United States House 		political party in which vacancy occurs
		of Representatives
	Member of the State Board of
		Education
	District Attorney
	State Senator in a multi‑county 
		senatorial district
	Member of State House of 
		Representatives in a multi‑county 
		representative district

State Senator in a single‑county 	County executive committee of political
	senatorial district		party in which vacancy occurs, 
Member of State House of 		provided, in the case of the State 
	Representatives in a single‑county 		Senator or State Representative in a
	representative district		single‑county district where not all the
Any elective county office		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, that has jurisdiction over the ballot item under G.S. 163‑182.4. If at the time a nomination is made under this section the general election ballots have already been printed, the provisions of G.S.163‑165.3(c) shall apply. If a vacancy occurs in a nomination of a political party and that 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.
An individual whose name appeared on the ballot in a primary election preliminary to the general election shall not be eligible to be nominated to fill a vacancy in the nomination of another party for the same office in the same year."
SECTION 4.  If a majority of votes cast on the question are in favor of the amendment set out in Section 1.1 of this act and the State Board of Elections certifies the amendment to the Secretary of State, Section 2 of this act becomes effective April 1, 2021, and Section 3 of this act becomes effective January 1, 2020, and applies to elections conducted on and after that date. Except as otherwise provided, the remainder of this act is effective when it becomes law.