RETENTION ELECTIONS/SUPREME COURT.

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View NCGA Bill Details2015-2016 Session
House Bill 222 (Public) Filed Wednesday, March 11, 2015
AN ACT ALLOWING VOTERS TO ELECT, AND THEN RETAIN, JUSTICES OF THE NORTH CAROLINA SUPREME COURT FOR ELECTION.
Intro. by Bryan, Daughtry, Stevens.
Status: Ch. SL 2015-66 (House Action) (Jun 11 2015)

SOG comments (2):

Long title change

Submitted by jhenders@sog.unc.edu on

House committee substitute to the 1st edition changed the long title. Original long title was AN ACT ALLOWING VOTERS TO ELECT TO RETAIN JUSTICES OF THE NORTH CAROLINA SUPREME COURT AND JUDGES OF THE COURT OF APPEALS UP FOR ELECTION.

Short and Long Title Changes

Submitted by Penny.Griffin@n... on

Senate committee substitute to the 2nd edition makes changes to the short and long titles. The original titles are as follows:

RETENTION ELECTIONS/APPELLATE DIVISION.

AN ACT ALLOWING VOTERS TO ELECT, AND THEN RETAIN, JUSTICES OF THE NORTH CAROLINA SUPREME COURT AND JUDGES OF THE COURT OF APPEALS FOR ELECTION.

Bill History:

H 222/S.L. 2015-66

Bill Summaries:

  • Bill H 222 (2015-2016)
    Summary date: Jun 15 2015 - View Summary

    AN ACT ALLOWING VOTERS TO ELECT, AND THEN RETAIN, JUSTICES OF THE NORTH CAROLINA SUPREME COURT FOR ELECTION. Enacted June 11, 2015. Effective June 11, 2015.

    Courts/Judiciary, Court System, Government, Elections
    GS 7A, GS 163
  • Bill H 222 (2015-2016)
    Summary date: Jun 1 2015 - View Summary

    Senate amendment makes the following changes to the 3rd edition.

    Amends GS 7A-4.2(b) regarding retention elections of North Carolina Supreme Court justices. Provides that if voters do not approve the retention of the justice, the office shall be deemed vacant (was, shall become vacant) at the end of the term of office, and the vacancy must filled as provided by law. Deletes statement that "the incumbent shall not hold over."

    Courts/Judiciary, Court System, Government, Elections
    GS 7A, GS 163
  • Bill H 222 (2015-2016)
    Summary date: May 27 2015 - View Summary

    Senate committee substitute makes the following changes to the 2nd edition.

    Removes elections for Court of Appeals judges from the act.

    Makes conforming changes to the act's short and long titles.

    Courts/Judiciary, Court System, Government, Elections
    GS 7A, GS 163
  • Bill H 222 (2015-2016)
    Summary date: Apr 20 2015 - View Summary

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

    Changes the long title.

    Amends proposed GS 7A-4.1, making clarifying and organizational change to subsections (a) and (b). Makes a clarifying changes to subsection (c). Adds provisions establishing a filing fee for justices or judges of 1% of the annual salary of the office sought, paid to the State Board of Elections (SBE). Adds language requiring the SBE to certify results of retention elections. Deletes provision which required retention elections to be placed on the ballot in the same place as other nonpartisan judicial elections. Makes clarifying changes to the question as it should appear on the ballot. Makes a clarifying change to proposed subsection (g).

    Amends proposed GS 7A-4.2, making a clarifying change.

    Deletes proposed GS 7A-4.3, Governor to issue commissions to justices and judges. 

    Deletes proposed changes made to GS 7A-10(a) and adds language which provides that the specified election will be under GS Chapter 163, Article 25, or GS Chapter 163, Article 1A. 

    Makes clarifying changes to proposed language in GS 7A-16. Also deletes additional language which stated that on or after December 15, 2000, the Governor will appoint three additional judges.

    Amends GS 163-165.6(b), concerning the order of precedence for candidate ballot items, providing a new guideline that ballot items for retention elections under GS 7A, Article 1A, must be grouped with like state offices but should be listed after offices for which an election is conducted under GS Chapter 163, Article 25.

    Makes conforming changes to GS 163-182.16, Governor to issue commissions for certain offices.

    Amends GS 163-335, Other rules, making organizational changes and adding new language which provides that duly elected justices of the Supreme Court or judges of the Court of Appeals can opt for a retention election pursuant to GS Chapter 7A, Article 1A. 

    Amends GS 163-278.6(4), the definition for candidate, making conforming and technical changes. 

    Amends GS 163-278.38Z(2), the definition for candidate, making conforming changes. 

    Deletes proposed changes to GS 163-324(a), concerning fee schedules.

    Courts/Judiciary, Court System, Government, Elections
    GS 7A, GS 163
  • Bill H 222 (2015-2016)
    Summary date: Mar 11 2015 - View Summary

    Adds new Article 1A, "Retention Elections," to GS Chapter 7A to provide that if the North Carolina Chief Justice, an Associate Justice of the North Carolina Supreme Court, or a Judge of the North Carolina Court of Appeals was appointed to the office now held, then the next election for that office must be by ballot as otherwise provided by GS Chapter 7A and GS Chapter 163. Provides that a Chief Justice, an Associate Justice of the Supreme Court, or a Judge of the Court of Appealswho was elected to that office at the most recent election, by partisan or by retention election, who wants to continue in office is subject to approval by nonpartisan ballot at the general election immediately preceding the expiration of the term.

    Approval requires a majority of the votes cast by qualified voters in support of the justice's or judge's retention. Provides additional criteria for a person to indicate a desire to continue in office and the appropriate notice and filing to be done in order to be on the retention election ballot. Presents the question to be proposed on the retention election ballot. Provides that if voters vote in the affirmative to approve a retention in office, the justice or judge is to be retained for a new eight-year term. Provides that if the voters fail to approve the retention in office, then the office becomes vacant at the term of office, and the office is to be filled by appointment until the next general election when a successor is elected for a full term. Directs the Governor to issue a commission, upon receipt of certification from the Secretary of State as to the results of an election, attesting to the fact that a Justice or a Judge is retained in office via the vote of the people.

    Makes conforming changes to GS 7A-10, GS 163-1, GS 163-321, and GS 163-324(a).

    Amends GS 7A-16 to delete most of the provisions creating and organizing the North Carolina Court of Appeals. Instead provides that the Court of Appeals must consist of 12 judges elected as provided in Article 1A of GS Chapter 7A. Directs the Chief Justice of the NC Supreme Court to designate one of the judges as Chief Judge, to serve in that capacity at the pleasure of the Chief Justice. Requires that the Court of Appeals take the oath prescribed fora judge of the General Court of Justice before taking the duties of the office.

    Courts/Judiciary, Court System, Government, Elections
    GS 7A, GS 163
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