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View NCGA Bill Details2011-2012 Session
House Bill 638 (Public) Filed Tuesday, April 5, 2011
Intro. by Jordan, Stam.

Status: Ref To Com On Judiciary I (Senate Action) (May 23 2011)

Bill History:

H 638

Bill Summaries:

  • Summary date: May 18 2011 - View Summary

    House committee substitute makes the following changes to 1st edition. Amends proposed GS 163-216.1 to include unaffiliated presidential candidates in the process for submission of the names of two qualified individuals for each elector position in this state. Amends proposed GS 163-216.2 to require that each elector nominee and alternate elector nominee of an unaffiliated presidential candidate execute the specified performance pledge.
    Amends proposed GS 163-216.3 to add new content; moves the existing content to proposed GS 163-216.4 and recodifies the remaining proposed statutes accordingly. Proposed GS 163-216.3 directs the Secretary of State (Secretary) to notify the Governor of the names of the certified electors for President and Vice President of the United States, and requires the Governor to immediately issue a proclamation that presents those names and instructs the electors to be present at the location within the city of Raleigh at the old Hall of the House of Representatives in the State Capitol as 12:00 noon on the first Monday after the second Wednesday in December following their election, to meet and vote on behalf of this state for the President and Vice President of the United States. If the specified location is unavailable, permits the Governor to select another location within the city of Raleigh. Directs the Governor to have the proclamation published on the Internet and in any daily newspaper published in Raleigh, and distributed to the news media. Permits additional notice on radio and television. Provides that the Secretary is responsible for making the actual arrangements for the meeting.
    Amends proposed GS 163-216.4 (certification of electors) to direct the Governor to submit, under State Seal by registered mail to the Archivist of the United States, the Certificates of Ascertainment (Certificates) identifying the state's electors and the number of votes each received. Specifies additional requirements regarding the submission of the Certificates, including timelines to be met.
    Enacts new GS 163-216.9 to provide for the appointment of presidential electors by the General Assembly or by the Governor under specified circumstances. Sets forth the standards to be used in the specified circumstances under which the General Assembly or the Governor appoints the presidential electors. Provides that a proclamation made any time before 12:00 noon on the electors' meeting day controls over an appointment made by the General Assembly or the Governor. Provides that the statute does not preclude litigation otherwise provided by law to challenge the validity of the proclamation or the procedure that resulted in the proclamation.
    Makes conforming changes to GS 163-1(c).

  • Summary date: Apr 5 2011 - View Summary

    Repeals Article 18 of GS Chapter 163, which governs presidential electors. Adds new Article 18B, the Faithful Presidential Electors Act. Under the bill, the presidential ballot lists the candidates for President and Vice-President, but a vote for the candidates named on the ballot is actually a vote for the electors submitted by the party that has nominated that candidate. In designating electors, a political party contesting the position submits to the Secretary of State two qualified individuals for each elector position, one an 'elector nominee' and the other an 'alternate elector nominee.' The Act provides a statutory remedy in the event a state presidential elector fails to vote in accordance with the voters of his or her state: the Secretary of State is not to accept or count an elector's ballot that is not marked in accordance with the elector's pledge of faithfulness to vote for the party's nominees, and such an elector is deemed to have vacated their position as elector. The Secretary of State is authorized to appoint substitute electors to fill vacancies through a five-step procedure, using the alternate elector nominees, as set out in new GS 163-216.4. Provides for amended certificates of ascertainment under 3 U.S.C. section 6 if the final list of electors differs from a list previously submitted by the Governor. Provides for notice of the prohibition on dual office holding under the NC Constitution, which includes the office of elector. Effective January 1, 2012, and applicable to presidential elections held on or after that date.