Bill Summary for S 47 (2011-2012)

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Summary date: 

Jun 16 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 47 (Public) Filed Tuesday, February 8, 2011
TO RESTORE JUDICIAL ELECTIONS TO A PARTISAN BASIS.
Intro. by Tillman

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Bill summary

Filed 2/8/11. House committee substitute, reported in on 6/15/11, makes the following changes to 2nd edition. Deletes provisions from previous edition concerning membership fees for active members of the State Bar. Amends GS 163-3 to require special elections be conducted when called, as permitted by law. Amends GS 163-19 to limit the State Board of Elections Chair to two-year terms and limits chair to two terms.
Repeals GS 163-82.6A, concerning same day voter registration and voting at one-stop sites. Repeals GS 163-82.25, concerning mandated voter registration drives. Amends GS 163-82.6 to eliminate provisions concerning registration within 25 days of an election for qualified persons. Provides that it is also a Class 2 misdemeanor to pay or accept payment to assist in registering voters on the basis of per voter registration completed.
Amends GS 163-98 to add additional language to require the appropriate board of elections to notify candidates upon qualifying for ballot access of the following: (1) the required organizational report must be filed with the State Board of Elections no later than the tenth day following the day the candidate files notice of candidacy or the tenth day following the organization of the political committee, whichever occurs first; (2) a civil late penalty of $250 is to be assessed for each day the organizational report is late; and (3) every treasurer of a political committee must participate in the treasurer training within the required time frame. Makes similar changes to GS 163-106, GS 163-114, GS 163-122, and GS 163-123.
Amends GS 163-165(6) to delete provision requiring a provisional official ballot not be marked to make it identifiable to a voter. Amends GS 163-165.6 to rotate the order of political parties on the ballot every four years, and deletes provision concerning straight party voting. These provisions, amending GS 163-165.6, are effective January 1, 2012, and apply to elections held on or after that date.
Repeals Article 18 of GS Chapter 163, concerning Presidential Electors and enacts new Article 18B providing for a uniform law concerning faithful presidential electors. Amends GS 163-227.2 to shorten the early voting period to two weeks. Prohibits one-stop voting on Sundays. Repeals GS 163-230.2, concerning methods of requesting absentee ballots. Rewrites GS 163-277 to delete provision stating that an individual compelled to testify is not subject to any penalty or forfeiture. Amends GS 163-287 to require special elections be held at the same time as the general election or a primary election in an even-numbered year, except for special elections related to public health or safety, and as otherwise provided.
Enacts new GS 163-278.13D to prohibit any vendor, as defined, in North Carolina from contributing more than $500 per election to a candidate, if that candidate has authority over the contracts of the vendor. Enacts new GS 16-278.19C to cap contributions to a political party at $250,000 per election; makes a violation a Class 2 misdemeanor. Enacts new subsection to GS 163-278.34 to provide that a candidate will be liable for any civil penalty assessed by the State Board of Elections against his or her candidate campaign committee if such committee does not have the funds to pay the penalty. Amends GS 163-278.35 to require maintenance of records for two years following the date of last report, including any underlying documentation.
Repeals Article 22J of GS Chapter 163, concerning public financing for certain Council of State races. This provision effective July 1, 2011.
Directs the Joint Legislative Elections Oversight Committee to study electronic filing of all reports to be filed with the State Board of Elections. Provides reporting requirements.
Makes other technical, organizational, and conforming changes. Includes a severability clause. The act retains provisions from the previous edition concerning partisan primaries for judges, filing fees, allowing judges to request a second primary, filling vacancies, and repealing instant runoff voting. Changes title to AN ACT TO MAKE VARIOUS AMENDMENTS TO THE ELECTION ADMINISTRATION LAWS, CAMPAIGN FINANCE LAWS, AND OTHER CONFORMING CHANGES. Unless otherwise noted, effective January 1, 2012, and applies to elections held on or after that date.