Bill Summary for H 638 (2011-2012)

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Summary date: 

Apr 5 2011

Bill Information:

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

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Bill 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.