Bill Summary for H 1089 (2017-2018)

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Summary date: 

Jun 15 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 1089 (Public) Filed Thursday, June 7, 2018
AN ACT TO REQUIRE THAT THE BURDEN OF PROOF IN CERTAIN CHALLENGES TO CANDIDACY BE PLACED ON THE CHALLENGER UNDER THE LAWS GOVERNING ELECTIONS, TO REQUIRE A CANDIDATE FOR SHERIFF TO DISCLOSE ALL EXPUNGED FELONIES, TO CLARIFY FELONS VOTING WITHOUT RIGHTS OF CITIZENSHIP RESTORED, AND TO REQUEST THE GENERAL ASSEMBLY STUDY THE REGULATION OF DIGITAL COMMUNICATION IN ELECTIONEERING COMMUNICATIONS AND ADVERTISING DISCLOSURES.
Intro. by Clampitt.

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Bill summary

House committee substitute makes the following changes to 1st edition. Conforms title to changes. Changes short title to "Candidacy Challenge/Expunged Felony/Sheriff." 

Amends GS 162-2, making ineligible for the office of sheriff any person who has been convicted of a felony in the United States, even if the felony has been expunged. Makes gender-neutral and clarifying changes. Requires anyone seeking to become a sheriff to disclose all felony convictions regardless of expungement. Does not apply to pardons of innocence or judicial determinations of innocence. Amends GS 163A-972 to conform with disclosure requirements. Amends GS 15A-151, allowing the Administrative Office of the Courts to disclose expungements in conformity with the above. Allows this disclosure to be public. Amends GS 15A-153(e), requiring a person seeking to become a  sheriff to disclose expunged records. 

Amends GS 163A-1389, adding requirement of intent to commit fraud to elements of Class I felony of voting when convicted of a crime that prohibits voting. Effective December 1, 2018, and applies to all offenses committed after that date. 

Requests the Joint Legislative Elections Oversight Committee to study the regulation of digital communication in electioneering communications and advertising disclosures. Report is due to legislature by January 1, 2019.