JUDICIAL ELECTIONS CHANGES (NEW).

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View NCGA Bill Details2011-2012 Session
House Bill 452 (Public) Filed Wednesday, March 23, 2011
TO ELIMINATE "INSTANT RUNOFF" VOTING FOR JUDICIAL OFFICES WHEN LATE VACANCIES OCCUR AND INSTEAD DETERMINE THE RESULTS OF THE VACANCY ELECTION BY PLURALITY, AND TO REPEAL PUBLIC CAMPAIGN FINANCING FOR JUDICIAL AND COUNCIL OF STATE RACES.
Intro. by Starnes.

Status: Ref To Com On Judiciary I (Senate Action) (Jun 8 2011)

Bill History:

H 452

Bill Summaries:

  • Summary date: Jun 3 2011 - View Summary

    House committee substitute makes the following changes to 1st edition.
    Deletes the repeal of Article 22D of GS Chapter 163, which establishes the North Carolina Public Campaign Fund as an alternative source of campaign financing available to candidates for Justice of the Supreme Court and Judge of the Court of Appeals. Makes conforming changes reinstating subsections (e2) and (e3) to GS 163-278.13 (subsections were repealed in 1st edition). Deletes the repeal of GS 105-159.2.
    Recodifies GS 163-329, as amended in this act, as GS 163-120. Repeals the remainder of Article 25 of GS Chapter 163, which sets out the process for conducting nonpartisan judicial races. Repeals GS 163-278.64A (special participation provisions for candidates in vacancy elections).
    Amends various partisan election procedural statutes to include judicial candidates. Allows a judicial candidate to decide whether or not to have the candidate's party affiliation printed on the general election ballot. Exempts judicial candidates from the straight-party ticket vote. Makes conforming changes necessary to implement the repeal of Article 25 of GS Chapter 163.
    Makes conforming change to the title.
    Effective with respect to primaries and elections held on or after January 1, 2012.


  • Summary date: Mar 23 2011 - View Summary

    Amends GS 163-329, which describes election procedures for filling vacancies created after the primary filing period opens, to add that the plurality method will be used when a vacancy for judicial offices occurs less than 64 days before the second primary and a general election is held on the same day as the general election for General Assembly members. Explains the plurality method as follows: (1) when one or more person seeks election to a single office, the candidate who receives the highest number of votes is elected; and (2) when more persons seek election to two or more offices as superior court judge than there are available offices, the candidates receiving the highest number of votes, equal to the available offices, are elected. Deletes provisions requiring and explaining the instant runoff method.
    Repeals Article 22D [the NC Public Campaign Fund (Fund)] and Article 22J (the Voter-Owned Elections Act) in GS Chapter 163. Repeals GS 105-159.2 (allocation of tax to the Fund). Makes conforming changes to GS 84-34 to remove Fund contribution from attorney membership dues. Makes additional conforming changes and repeals GS 163-278.13(e2), (e3), and (e4).
    Transfers the balances of the Fund and the Voter-Owned Elections Fund to the General Fund, but specifies that unexpended funds from the tax and attorney allocations will be retained by the State Board of Elections.