Bill Summary for S 749 (2023-2024)

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Summary date: 

Sep 21 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 749 (Public) Filed Monday, June 12, 2023
AN ACT TO REVISE THE STRUCTURES OF THE NORTH CAROLINA STATE BOARD OF ELECTIONS AND COUNTY BOARDS OF ELECTIONS, TO REVISE THE EMERGENCY POWERS OF THE EXECUTIVE DIRECTOR OF THE STATE BOARD OF ELECTIONS, TO MAKE CLARIFYING CHANGES TO SENATE BILL 512 OF THE 2023 REGULAR SESSION, TO MAKE ADDITIONAL CONFORMING AND CLARIFYING CHANGES TO IMPLEMENT PHOTO IDENTIFICATION FOR VOTING, AND TO AMEND THE TIME FOR CANDIDATES AND VACANCY APPOINTEES TO FILE STATEMENTS OF ECONOMIC INTERESTS.
Intro. by Daniel, P. Newton, Hise.

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Bill summary

Conference report makes the following changes to the 5th edition.

Parts I-II.

Changes the effective date of Parts I and II from July 1, 2024, to January 1, 2024.

No longer requires that a chair of the State Board of Elections (State Board) and an Executive Director be appointed in accordance with Article 3 of GS Chapter 163 (as amended by this act) upon the eight members of the State Board of Elections appointed in accordance with GS 163-19, as amended by this act, taking the oath of office. 

Part IV.

Amends GS 163-30 by removing the proposed language that prohibited a registered lobbyist from serving as a member of a county board of elections.

Changes the effective date of Part IV from July 1, 2024, to January 1, 2024.

Part V.

Amends GS 163-213.4 to allow the State Board, during the meeting to nominate presidential primary candidates, by a vote of at least five (was, three) members in the affirmative, to nominate as a presidential primary candidate any other person affiliated with a political party that it finds is generally advocated and recognized in the news media throughout the US or in the state as candidates for the nomination by that party. Makes additional conforming, organizational, clarifying, and technical changes.

Changes the effective date of Part V from July 1, 2024, to January 1, 2024.

Part VIII. 

Amends the act's effective date provisions as follows. 

Provides that notwithstanding GS 163-19 if a chair is not elected by January 10, 2024 (was, within 30 days after taking the prescribed oath in 2024) or within 30 days of the occurrence of a vacancy in the office of the chair in 2024, the office may be filled by legislative appointment as if the chair is a member of a board or commission by the President Pro Tempore of the Senate. No longer provides that the chairs of the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics may submit a list of names to the General Assembly by March 1, 2024, for appointments to be made effective July 1, 2024.

Provides that notwithstanding GS 163-30 if a chair is not elected by January 10, 2024 (was, within 15 days after the first meeting in July 2024) or within 30 days of the occurrence of a vacancy in 2024, the office may be filled by legislative appointment as if the chair is a member of a board or commission by the President Pro Tempore of the Senate. No longer provides that the chairs of the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics may submit a list of names to the General Assembly by March 1, 2024, for appointments to be made effective July 1, 2024.

Changes the date by which the Executive Director must be selected from July 15, 2024, to January 10, 2024, or within 30 days of a vacancy in 2024 before the position may be filled by legislative appointment as if the chair is a member of a board or commission by the President Pro Tempore of the Senate.

Adds that for the 2024 presidential preference primary only: (1) the State Board must meet on December 19, 2023, to perform its duties under GS 163-213.4; (2) petitions must be presented to the county board of elections no later than December 4, 2023, and filed with the State Board no later than December 18, 2023; (3) the December 19, 2023, meeting of the State Board is deemed to be the January 2024 meeting required by GS 163-213.4; and (4) no petitions filed under GS 163-213.5 after December 18, 2023, may be considered by the State Board.

Amends the act's long title.