A BILL TO BE ENTITLED AN ACT TO RESTORE PARTISAN JUDICIAL ELECTIONS.
Identical to S 39, filed 1/31/13.
Repeals Subchapter X (Article 25) of GS Chapter 163 (providing for the nomination and election of appellate, superior, and district court judges). Makes conforming changes to GS 163-107(a) (to add justices and judges to those required to pay a filing fee to the board of elections) and to GS 163-107.1(c) (to add petition requirements for judges of the superior and district courts). Amends GS 163-106(c) to add justices of the supreme court, judges of the court of appeals, judges of the superior courts, and judges of the district courts to the list of offices for which candidates seeking party primary nominations must file notice of candidacy as indicated. Makes a conforming change to GS 163-106(f). Enacts new GS 163-106.1 to require candidates and nominees for superior court judge to reside in the district at the time of election or nomination. Amends GS 163-107.1(b), which allows a potential candidate to obtain petition signatures in lieu of paying a filing fee, to require signatures by 10% of the registered voters of the election area for the office of superior court or district court judge. Amends GS 163-106(d) to provide that in any primary with two or more vacancies for associate justices for the Supreme Court, two or more vacancies for the Court of Appeals, two or more vacancies for district court judge, or for a specialized district judgeship, each candidate must designate, in writing, the applicable vacancy when filing notice of candidacy.
Amends GS 163-111(c)(1) to add justices and judges to the list of offices entitled to demand a second primary. Amends GS 163-114 to add (1) judges of district court, (2) judges of superior court in a single-county judicial district where the district is the whole county or part of the county, and (3) judges of superior court in a multi-county judicial district, and corresponding instructions for each category, to the list of offices for purposes of filling a vacancy after a primary and before a general election. Authorizes only the county convention delegates or county executive committee members who reside in the area of the county within the relevant multi-county district to vote for the county's representatives for the judicial district executive committee in a county that is partly in a multi-county judicial district. Makes additional conforming changes to the following statutes: GS 138A-22(d), GS 163-22.3, GS 163-82.10B, GS 163-165.5(3), GS 163-278.100(1), GS 163-278.110(1), GS 163-1(b), and GS 163-123(g). Repeals GS 163-122(c). Makes conforming changes to GS 163-278.64(c) (concerning State Board of Elections certification of candidates). Repeals GS 163-278.64A (special participation provisions for candidates in vacancy elections).
Repeals Article 22D (Public Campaign Financing Fund) in GS Chapter 163. Amends GS 105-159.2(b), removing the provision that requires the Department of Revenue to notify taxpayers that the $3 check-off supports a nonpartisan court system. Makes a conforming change to GS 84-34, deleting the $50 fee for active NC State Bar members designated for the Public Campaign Financing Fund. Effective July 1, 2013, states that any unexpended funds will be refunded pro rata. Makes conforming changes. Effective with respect to primaries and elections held on or after January 1, 2014.
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