CANDIDACY CHALLENGE/EXPUNGED FELONY/SHERIFF (NEW).

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View NCGA Bill Details(link is external)2017-2018 Session
House Bill 1089 (Public) Filed Thursday, June 7, 2018
AN ACT TO REQUIRE THAT THE BURDEN OF PROOF IN CERTAIN CHALLENGES TO CANDIDACY BE PLACED ON THE CHALLENGER UNDER THE LAWS GOVERNING ELECTIONS, TO REQUIRE A CANDIDATE FOR SHERIFF TO DISCLOSE ALL EXPUNGED FELONIES, TO CLARIFY FELONS VOTING WITHOUT RIGHTS OF CITIZENSHIP RESTORED, AND TO REQUEST THE GENERAL ASSEMBLY STUDY THE REGULATION OF DIGITAL COMMUNICATION IN ELECTIONEERING COMMUNICATIONS AND ADVERTISING DISCLOSURES.
Intro. by Clampitt.
Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Jun 15 2018)

SOG comments (1):

Short and Long Title Changes

Submitted by Penny.Griffin@n... on

House committee substitute to the 1st edition makes changes to the short and long title. The original titles are as follows:

CHANGE BURDEN OF PROOF/CANDIDACY CHALLENGE.

AN ACT TO REQUIRE THAT THE BURDEN OF PROOF IN CERTAIN CHALLENGES TO CANDIDACY BE PLACED ON THE CHALLENGER UNDER THE LAWS GOVERNING ELECTIONS.

Bill History:

H 1089

Bill Summaries:

  • Bill H 1089 (2017-2018)
    Summary date: Jun 15 2018 - View Summary

    House committee substitute makes the following changes to 1st edition. Conforms title to changes. Changes short title to "Candidacy Challenge/Expunged Felony/Sheriff." 

    Amends GS 162-2, making ineligible for the office of sheriff any person who has been convicted of a felony in the United States, even if the felony has been expunged. Makes gender-neutral and clarifying changes. Requires anyone seeking to become a sheriff to disclose all felony convictions regardless of expungement. Does not apply to pardons of innocence or judicial determinations of innocence. Amends GS 163A-972 to conform with disclosure requirements. Amends GS 15A-151, allowing the Administrative Office of the Courts to disclose expungements in conformity with the above. Allows this disclosure to be public. Amends GS 15A-153(e), requiring a person seeking to become a  sheriff to disclose expunged records. 

    Amends GS 163A-1389, adding requirement of intent to commit fraud to elements of Class I felony of voting when convicted of a crime that prohibits voting. Effective December 1, 2018, and applies to all offenses committed after that date. 

    Requests the Joint Legislative Elections Oversight Committee to study the regulation of digital communication in electioneering communications and advertising disclosures. Report is due to legislature by January 1, 2019.  

    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure, Government, Elections, Public Safety and Emergency Management, Local Government
    STUDY, GS 15A, GS 163A
  • Bill H 1089 (2017-2018)
    Summary date: Jun 14 2018 - View Summary

    House committee substitute is to be summarized.
  • Bill H 1089 (2017-2018)
    Summary date: Jun 7 2018 - View Summary

    Amends GS 163A-1029 to place the burden of proof in a candidacy challenge on the challenger (was, on the candidate) who must show by a preponderance of the evidence of the record as a whole that the candidate is not qualified to be a candidate for the office. Makes an exception for a challenge based on residency. 

    Applies to challenges to candidacy on or after the date that the act becomes law.

    Government, Elections
    GS 163
View: All Summaries for Bill