CONSTITUTIONAL AMENDMENT/COS VACANCIES. (NEW)

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View NCGA Bill Details2023-2024 Session
House Bill 74 (Public) Filed Wednesday, February 8, 2023
AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO MODIFY THE PROCESS FOR FILLING A VACANCY IN THE OFFICE OF SECRETARY OF STATE, AUDITOR, TREASURER, SUPERINTENDENT OF PUBLIC INSTRUCTION, ATTORNEY GENERAL, COMMISSIONER OF AGRICULTURE, COMMISSIONER OF LABOR, AND COMMISSIONER OF INSURANCE.
Intro. by K. Hall, D. Hall, Saine, Mills.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House action) (Jun 27 2024)

SOG comments (1):

Long title change

House committee substitute to the 1st edition changed the long title. Original title was AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO MODIFY THE PROCESS FOR FILLING A COUNCIL OF STATE VACANCY.

H 74

Bill Summaries:

  • Summary date: Jun 26 2024 - View Summary

    House committee substitute to the 1st edition makes the following changes.

    Changes the act's titles.

    Removes the proposed changes to Section 7 of Article III and instead amends the Section to provide that for vacancies for Secretary of State, Auditor, Treasurer, Superintendent of Public Instruction, Attorney General, Commissioner of Agriculture, Commissioner of Labor, and Commissioner of Insurance, if the officer was elected as a nominee of a political party the Governor must appoint from a list of three qualified persons recommended by the political party with which the vacating officer was affiliated at the time of election, if that political party makes a recommendation within 30 days of the occurrence of the vacancy. Makes conforming changes.

    Requires that the constitutional amendment be submitted to the qualified voters of the State at the statewide general election to be held on November 5, 2024, (was, at the general election in 2024).

    Amends what happens after the election to require that the State Board of Elections certify the results of the referendum and if a majority of votes cast on the question are in favor of the amendment, requires the Secretary of State to enroll the amendment among the office's permanent records. Specifies that if a majority of votes cast on the question are against the amendment, the amendment has no effect. Amends the effective date to provide that if the certification from the State Board of Elections reflects that a majority of votes cast on the question are in favor of the amendment, then the amendment is effective upon certification.


  • Summary date: Feb 8 2023 - View Summary

    Subject to voter approval at the general election in 2024, amends Section 7 of Article III of the NC Constitution, which governs Council of State vacancies, requiring the Governor to appoint one person from a list of three nominees submitted by the State executive committee of the political party with which the vacating officer was affiliated when elected within seven days after receipt of the list (previously, required appointment until a successor is elected and qualified). Makes conforming changes. Effective January 1, 2025.