SENATE BOG ELECTIONS.

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View NCGA Bill Details2023-2024 Session
Senate Bill 138 (Public) Filed Tuesday, February 21, 2023
A SENATE RESOLUTION TO ESTABLISH THE PROCEDURE FOR NOMINATING AND ELECTING MEMBERS OF THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA.
Intro. by Rabon.

Status: Adopted (Senate action) (Feb 28 2023)

Bill History:

S 138

Bill Summaries:

  • Summary date: Feb 21 2023 - View Summary

    Adopts procedures for the Senate Select Committee on UNC Board of Governors (Senate Committee) for nominating and electing members of the UNC Board of Governors (BOG). 

    Makes it the duty of the Senate Committee to conduct a process for nominating and electing persons for each opening on the BOG to which the Senate is to elect members. Sets the time period for receiving BOG nominations as February 28 through March 6, 2023. The total number of open positions is six and each position is for a four-year term. Provides that a senator may propose candidates for nominations only for the openings available for election by the Senate and 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 Tuesday, February 28, 2023, and no later than 5:00 pm on Monday, March 6, 2023.

    Requires nominees to file a completed Statement of Economic Interest with the North Carolina State Ethics Commission as required by law no later than 5:00 pm on Monday, March 6, 2023, as specified.

    Requires the Senate Committee to list all nominees after the close of the nominations period on March 6, 2023. 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 twice the number of candidates for the total number of seats that are open. 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 sponsoring Senator.

    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 Wednesday, March 15, 2023. Requires that the committee chair explain the six specified voting rules before the voting begins. Senators are to vote for six persons for four-year terms 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 six persons to serve as members of the BOG, the president of the Senate must entertain a motion for the simultaneous election of those persons; 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 names of the persons elected by the Senate and the term for which each person was elected. 

    Becomes effective upon adoption.