Bill Summary for S 136 (2017-2018)

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Summary date: 

Feb 28 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 136 (Public) Filed Tuesday, February 28, 2017
AN ACT TO RESTORE PARTISAN JUDICIAL ELECTIONS FOR NORTH CAROLINA SUPERIOR AND DISTRICT COURTS.
Intro. by Tillman, Randleman, Wade.

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Bill summary

Identical to H 100, filed 2/14/17.

Repeals Article 25 of Subchapter X of GS Chapter 163 and amends various statutes in GS Chapter 163 to make the election of superior court and district court judges partisan. Makes conforming changes to remove statutory references to those statutes repealed by this act in GS 18C-112(e)(1), GS 163-1(b), GS 163-22.3, GS 163-82.10B, and GS 163-165.5(a)(3). Makes conforming repeals of GS 163-122(c) and GS 163-123(g).

Amends GS 163-106 to prohibit filing a notice of candidacy for superior court judge unless that person is, at the time of filing the notice of candidacy, a resident of the judicial district as it will exist at the time the person would take office if elected. Prohibits nomination as a superior court judge under GS 163‑114 unless that person is, at the time of nomination, a resident of the judicial district as it will exist at the time the person would take office if elected. Requires regular superior court judges to reside in the district for which elected. Amends GS 163-107(a) to establish a filing fee for justices and judges at 1% of the annual salary of the respective office sought. Amends GS 163-107.1 to allow petitions for candidates for superior  and district court judges to be filed, as specified, in lieu of paying the filing fee. Adds judicial candidates to those who can request a second primary in accordance with GS 163-111(c)(1). Amends GS163-114 to provide for the filling of vacancies for district and superior court judges.

Effective with respect to primaries and elections held on or after January 1, 2018.