A HOUSE RESOLUTION ESTABLISHING A SELECT COMMITTEE TO investigate, report findings, and, if warranted, file articles of impeachment regarding secretary of state elaine F. Marshall PURSUANT TO Article IV OF THE North Carolina CONSTITUTION.
Whereas, verifiable allegations have been raised regarding the conduct of Secretary of State Elaine F. Marshall in granting commissions to several hundred individuals as notaries public who did not "[r]eside legally in the United States" as required by G.S. 10B‑5 and who were not "qualified aliens" pursuant to 8 U.S.C. § 1621, in violation of State and federal law; and
Whereas, Article IV of the North Carolina Constitution provides that the House of Representatives solely shall have the power of impeaching and, by the vote of a majority of the members elected, to impeach executive and judicial officers; and
Whereas, Chapter 123 of the General Statutes governs impeachment and provides that "[e]ach member of the Council of State, each justice of the General Court of Justice, and each judge of the General Court of Justice shall be liable to impeachment for the commission of any felony, or the commission of any misdemeanor involving moral turpitude, or for malfeasance in office, or for willful neglect of duty"; Now, therefore,
Be it resolved by the House of Representatives:
SECTION 1.  That the Speaker of the House of Representatives shall appoint a select committee of 15 members of the House of Representatives and designate one of those appointees to serve as chair, to conduct a comprehensive investigation relating to alleged misconduct by Secretary of State Elaine F. Marshall and submit a report to the House of Representatives as to whether sufficient grounds exist for the House of Representatives to exercise its power to impeach Secretary of State Elaine F. Marshall pursuant to Article IV of the North Carolina Constitution.
SECTION 2.  That the Speaker instruct the select committee to (i) organize, adopt rules and procedures, and hire special counsel and such other personnel as may be necessary to carry out the select committee's responsibilities; (ii) review and investigate the facts and circumstances relating to alleged misconduct of Secretary of State Elaine F. Marshall; and (iii) submit to the House of Representatives its findings and recommendations in the form of a final report, including, if it concludes such action is warranted, a resolution embodying articles of impeachment describing the acts or omissions with which Secretary of State Elaine F. Marshall is charged.
SECTION 3.  That the select committee shall investigate, consider, and report upon allegations of misconduct by Secretary of State Elaine F. Marshall, including:
(1)	That Secretary of State Elaine F. Marshall granted notary public commissions to several hundred persons who did not "[r]eside legally in the United States" in violation of G.S. 10B‑5 and who were not "qualified aliens" in violation of 8 U.S.C. § 1621.
(2)	That Secretary of State Elaine F. Marshall granted said notary commissions to ineligible aliens surreptitiously, without means for the public or the General Assembly to have knowledge of such action.
(3)	That Secretary of State Elaine F. Marshall made untrue statements to the press and public involving the grant of these notary commissions to ineligible aliens.
(4)	That senior staff of the office of the Secretary of State, in furtherance of Secretary Elaine F. Marshall's actions, misrepresented the facts surrounding the granting of these notary commissions to ineligible aliens to the Joint Legislative Oversight Committee on General Government of the North Carolina General Assembly.
SECTION 4.  That the select committee shall have all the powers provided in Articles 5 and 5A of Chapter 120 of the General Statutes, including the power to administer oaths and compel attendance and testimony of persons and the production of papers, documents, and other evidence.
SECTION 5.  That the select committee shall continue in existence after adjournment of the 2017 Regular Session of the General Assembly and is authorized to meet at any time during the 2017‑2018 biennium, including during the interims.
SECTION 6.  That the select committee shall submit its final report to the House of Representatives, including, if it concludes such action is warranted, a resolution embodying articles of impeachment describing the acts or omissions with which Secretary of State Elaine F. Marshall is charged.
SECTION 7.  This resolution is effective upon adoption.