Bill Summary for H 638 (2011-2012)

Summary date: 

May 18 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 638 (Public) Filed Tuesday, April 5, 2011
TO ADOPT THE UNIFORM FAITHFUL PRESIDENTIAL ELECTORS ACT.
Intro. by Jordan, Stam.

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Bill 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).

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