Bill Summaries: S133 (2017-2018 Session)

  • Summary date: Feb 27 2017 - View summary

    Adopts procedures for the Senate Select Committee on UNC Board of Governors (Senate Committee) for nominating and electing persons for each vacancy in the elected membership of the UNC Board of Governors (BOG) created by a vacating member who was originally elected by the Senate. 

    Makes it the duty of the Senate Committee to conduct a process for nominating and electing persons for each vacancy on the BOG to which the Senate is to elect members. Sets the time period for receiving BOG nominations as March 6 through March 10, 2017 to elect one person to fill one vacancy on the BOG for a partial term ending June 30, 2019. Provides that each senator may nominate up to two individuals, only on a written nomination form provided by the chair of the Senate Committee. Requires that the written nomination on the prescribed form be received in the office of the Senate principal clerk on or after Monday, March 6, 2017, and no later than 5:00 pm on Friday, March 10, 2017.

    Requires nominees to file a completed North Carolina State Ethics Commission Statement of Economic Interest with the North Carolina State Ethics Commission by 5:00 pm on Friday, March 10, 2017, as specified.

    Requires the Senate Committee to list all nominees after the close of the nominations period on March 10, 2017. Directs the Senate Committee to screen the nominees as to their qualifications and background and provides that the Senate Committee may interview each nominee to ensure that suitable persons are nominated. Also provides that it is the duty of the Senate Committee to determine that each nominee is willing and able to serve and has no statutory disability. Requires the committee to vote to ensure that the slate of qualified candidates lists no more than two legally qualified nominees. Directs the Senate Committee Chair to ascertain if the nominees are willing to serve if elected. Provides that any nominee may withdraw from nomination without the approval of that nominee’s sponsor.

    Requires that the ballot be prepared under the supervision of the committee chair and that it include only the names of proposed nominees who have consented to run and for whom the Senate is entitled to vote. Names are to be listed on the ballot in alphabetical order by surname. Requires that the Senate hold its election no later than Tuesday, March 28, 2017. Requires that the committee chair explain the six specified voting rules before the voting begins. Senators are to vote for one person to fill the vacant position for a partial term ending June 30, 2019, and each ballot must be signed by the member casting the ballot. Prohibits counting any unsigned ballots. Provides that the Senate Committee chair is responsible for canvassing the vote and declaring the results. Requires the Senate Principal Clerk to keep the ballots as part of the permanent records and keep the ballots open for immediate public inspection. Provides that when the Senate Committee chair determines that the Senate has chosen one person to fill the vacant position and serve as a member of the BOG for the partial term ending June 30, 2019, the president of the Senate must entertain a motion for the simultaneous election of that person; the vote must be called electronically. Requires the election results to be sent to the House of Representatives by special messenger.

    Requires the Senate Committee chair to notify the secretary of the BOG of the name of the person elected by the Senate to the vacant position and the partial term for which the person was elected.

    Becomes effective upon adoption.