Part I.

Current law (GS 163-19) requires that the Governor appoint the five members of the State Board of Elections (Board) from a list of nominees submitted by each State political party chair of the political party having the highest number of registered voters in the State. Board members are appointed for four-year terms, with no more than three of the five Board members permitted to be members of the same political parties. Board members cannot serve more than two consecutive four-year terms. The Governor also appoints any vacancies to the Board from a list of nominees provided by the political party leader of the vacating Board members’ political party affiliation.   

The act amends GS 163-19 to remove the Governor’s appointment authority to the Board. It also increases the number of Board members from five to eight, all of whom would be appointed by the General Assembly as follows:

• Two members appointed by the President Pro Tempore of the Senate.
• Two members appointed by the Speaker of the House of Representatives.
• Two members appointed by the minority leader of the Senate.
• Two members appointed by the minority leader of the House of Representatives.

The act still requires the party chair of each of the two largest political parties to submit a list of nominees to the General Assembly but specifies that each party chair can only submit four names. Further, the General Assembly is only required to give due consideration to the nominations provided by the chairs and is not required to appoint members from those lists. Rather, the General Assembly can appoint any registered voter in the State. Specifies that members will serve four-year terms, and until their successors are appointed and qualified, beginning May 1 immediately following the elections of the members of the Council of State. If a vacancy occurs, then the initial appointing authority appoints a replacement for the remainder of the unexpired term. While a list of three names is provided by the political party leader affiliated with the vacating Board member to the initial appointing authority, the General Assembly is not required to appoint members from the lists of nominees submitted.  

Now also specifies that if a chair of the Board is not elected within 30 days after new members are appointed to the Board, the chair may be filled by legislative appointment in the same manner as vacancies arising under GS 96-15.3(e) (allowing Board of Review appointments upon the recommendation of the President Pro Tempore of the Senate in odd-numbered years and appointments upon the recommendation of the Speaker of the House in an even-numbered year). Similarly specifies in GS 163-27 that if an Executive Director position is not filled within 30 days after new members are appointed to the Board, the Executive Director may be filled by legislative appointment in the same manner as vacancies arising under GS 96-15.3(e).

Makes conforming and technical changes to GS 163-20(d) (quorum of the Board) and GS 163-25 (authority of the Board to assist in litigation).

Amends GS 163-27.1 (emergency powers) to remove the Executive Director’s power to exercise emergency powers to conduct an election in a district where the normal schedule for the election is disrupted by certain listed circumstances. Instead, emergency powers are to be exercised by the Board by affirmative vote. Makes conforming changes.

Effective January 1, 2025, administratively transfers the Board to the Department of the Secretary of State. Specifies that the transfer will have all the elements of a Type II transfer, as described in GS 143A-6 (i.e., the Board will be administered under the direction and supervision of that principal department (i.e., the Secretary of State), but will exercise all its prescribed statutory powers independently of the head of the principal department, except that under a Type II transfer the management functions of the Board, will be performed under the direction and supervision of the head of the Secretary of State).

Repeals provisions of law (GS 163-28) that establish the Board as an independent agency.

Notwithstanding GS 163-19, as amended by the act, requires the chairs of the two political parties to submit a list of names to the General Assembly on or before April 20, 2025. Requires the General Assembly to make appointments to the Board from those lists by no later than May 1, 2025. After members of the Board are appointed, specifies that a chair and an Executive Director must be appointed in accordance with the act.

Part II.

Currently, county boards of elections consist of five members who are registered voters of the counties where they are to act, appointed by the Board. Four members are appointed by the Board every two years, and one member is appointed by the Governor to be chair. Of the county board members appointed by the Board, two members each must be appointed from the two political parties having the highest number of registered affiliates in the State.

Amends GS 163-30 (pertaining to County Boards of Elections) to decrease the county board membership from five persons to four persons and to change the appointing authority to the following General Assembly members:

• One member appointed by the President Pro Tempore of the Senate.
• One member appointed by the Speaker of the House of Representatives.
• One member appointed by the minority leader of the Senate.
• One member appointed by the minority leader of the House of Representatives.

Requires the appointing authority to give due consideration to a list of names recommended for nomination from each of the two political parties having the highest number of registered affiliates in the State but does not require the appointing authority to appoint members from those recommendations, and instead may appoint any registered voter who is otherwise eligible under GS 163-30. Removes requirement that county board members reflect the two highest political parties of the State, described above. Requires a member to be elected annually as chair at the county board's first meeting in July; allows the position to be filled by legislative appointment if a chair is not elected within 15 days from the date new members are appointed to the county board. Makes conforming changes.

Notwithstanding GS 163-30, as amended by the act, requires the chairs of the two political parties to submit a list of names to the General Assembly on or before June 9, 2025. Requires the General Assembly to make appointments to the county boards of elections from those lists no later than June 24, 2025.

Part III.

Makes conforming changes to GS 163-182.6 (abstracts), GS 163-182.15(c) (copies of certificate of nomination or election or certificate of the results of a referendum to Secretary of State), and GS 163-182.17(d)(8) (certain Board duties pertaining to the Secretary of State) to account for Board’s administrative transfer to the Secretary of State. Amends GS 163-182.13 (pertaining to new elections) to decrease the number of Board members required to agree to order a new election from 4 of 5 to 5 of 8.

Part IV.

Contains a severability clause.

Part V.

Specifies that except as otherwise provided, the act is effective when it becomes law.