AN ACT TO RESTORE PARTISAN JUDICIAL ELECTIONS FOR NORTH CAROLINA SUPERIOR AND DISTRICT COURTS AND TO CHANGE THE TIME FOR SUBMISSION OF PETITIONS FOR UNAFFILIATED CANDIDATES. Enacted March 23, 2017. Effective with respect to primaries and elections held on or after January 1, 2018.
Summary date: Mar 23 2017 - View summary
Summary date: Mar 16 2017 - View summary
The Governor vetoed the act on 03/16/17. The Governor's objections and veto message are available here: http://www.ncleg.net/Sessions/2017/H100Veto/H100Veto.html
Summary date: Mar 2 2017 - View summary
Senate committee substitute makes the following changes to the 3rd edition.
Makes technical changes to Section 10 of the act, replacing pronouns with genderneutral terms.
Amends GS 163122, concerning unaffiliated candidates nominated by petition, to provide that candidates seeking statewide office, or for a district office under the jurisdiction of the State Board of Elections, must file written petitions with the State Board of Elections (Board) supporting that voter's candidacy for a specified office, on or before 12:00 noon on the second Wednesday prior to the primary election. Requires the petition to be divided into sections based on the county in which the signatures were obtained. Revises the provision requiring the petitions to be presented to the chairmen of the county boards of elections, to instead direct the State Board of Elections to require the filed petition to be verified no later than fifteen business days after canvass of the primary. Adds a provision authorizing the Executive Director to verify the petition through the same procedure currently authorized for the chair of the county boards of elections. Directs State Board of Elections to return copies of each petition and certificate to the State Board.
Amends the filing deadline for county offices, single county legislative districts, and superior court and district court judges, to be 12:00 noon the second Wednesday prior to the primary election. Directs the chair or director of the county board of elections to verify the filed petition no later than fifteen days after canvas as provided in revised GS 163122(1)b for these offices and for partisan municipal offices.
Makes conforming and technical changes.
Amends the act's long title.
Summary date: Mar 1 2017 - View summary
Senate committee substitute makes the following changes to the 2nd edition.
Makes technical change to proposed subdivision (5) of GS 163-122(a), requiring unaffiliated candidates seeking an office of superior court judge or district court judge to file written petitions with the State Board of Elections supporting that voter's candidacy for a specified office, regardless of whether the district lies entirely in one county or in more than one county.
Amends GS 163-123(g) (repealed in the previous edition) to make conforming changes to remove nonpartisan elections from the provision excluding nonpartisan elections from the declaration of intent and petitions for write-in candidates requirements for partisan elections.
Summary date: Feb 22 2017 - View summary
House amendment makes the following changes to the 1st edition.
Amends GS 163-122, concerning unaffiliated candidates nominated by petition, to provide that unaffiliated candidates seeking the office of superior court judge or district court judge must file written petitions with the State Board of Elections (Board) supporting that voter's candidacy for a specified office, regardless of whether the district lies entirely in one county or in more than one county. Requires these petitions to be filed with the Board on or before noon on the last Friday in June preceding the general election, and be signed by qualified voters of the district equal to 2% of the total number of registered voters in the district as reflected by the voter registration records of the Board as of January 1 of the year in which the general election is to be held. Requires each petition to be presented to and examined by the chairman of the board of elections of the county in which the signatures were obtained. Provides that certification by the chairman and the deadline for submission to the county board is the same as specified in subdivision (1) of subsection (a). Makes conforming changes.
Summary date: Feb 14 2017 - View summary
Repeals Article 25 of Subchapter X of GS Chapter 163 and amends various statutes in GS Chapter 163 to make the election of superior court and district court judges partisan. Makes conforming changes to remove statutory references to those statutes repealed by this act in GS 18C-112(e)(1), GS 163-1(b), GS 163-22.3, GS 163-82.10B, and GS 163-165.5(a)(3). Makes conforming repeals of GS 163-122(c) and GS 163-123(g).
Amends GS 163-106 to prohibit filing a notice of candidacy for superior court judge unless that person is, at the time of filing the notice of candidacy, a resident of the judicial district as it will exist at the time the person would take office if elected. Prohibits nomination as a superior court judge under GS 163‑114 unless that person is, at the time of nomination, a resident of the judicial district as it will exist at the time the person would take office if elected. Requires regular superior court judges to reside in the district for which elected. Amends GS 163-107(a) to establish a filing fee for justices and judges at 1% of the annual salary of the respective office sought. Amends GS 163-107.1 to allow petitions for candidates for superior and district court judges to be filed, as specified, in lieu of paying the filing fee. Adds judicial candidates to those who can request a second primary in accordance with GS 163-111(c)(1). Amends GS163-114 to provide for the filling of vacancies for district and superior court judges.
Effective with respect to primaries and elections held on or after January 1, 2018.