Bill Summary for S 139 (2011-2012)

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Summary date: 

Feb 24 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 139 (Public) Filed Thursday, February 24, 2011
TO MAKE STATUTORY IMPLEMENTING CHANGES TO A PROPOSED CONSTITUTIONAL AMENDMENT TO PROVIDE THAT THE GOVERNOR AND LIEUTENANT GOVERNOR SHALL RUN TOGETHER IN THE GENERAL ELECTION SO AS TO PROVIDE THAT THE LIEUTENANT GUBERNATORIAL CANDIDATE SHALL BE SELECTED BY THE GUBERNATORIAL CANDIDATE.
Intro. by Apodaca, Brunstetter, Tucker.

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Bill summary

Enacts new GS 163-115.1 providing that a political party that nominates a candidate for Governor under Article 10 of GS Chapter 163 must also nominate a candidate for Lieutenant Governor (Lt. Governor), otherwise the nomination for Governor is void. Enacts new GS 163-127.3 authorizing a gubernatorial candidate who has nominated a candidate for Lt. Governor under Article 10 of GS Chapter 163 to name a replacement nominee if a vacancy occurs in that nomination under the same deadline and procedures for making a replacement nomination under GS 163-114 (Filling vacancies among party nominees after nomination and before election). Enacts new GS 163-108.2 to provide that except for GS 163-114 (as modified by proposed GS 163-127.3) and proposed GS 163-115.1, the provisions of Article 10 do not apply to the office of Lt. Governor and nomination for that office is as provided in proposed new Article 11B (Nomination of Lieutenant Governor) of GS Chapter 163.
Amends GS 163-98 (General election participation by new political party) to require that a convention for a new political party that nominates a gubernatorial candidate must also nominate a candidate for Lt. Governor or the nomination for Governor is void, except if the convention fails to nominate a candidate for Lt. Governor, permits the candidate for Governor to nominate a candidate for Lt. Governor between July 1 and July 15. Also provides that a nomination for Lt. Governor without an accompanying nomination for Governor is void.
Amends GS 163-122 to require that petitions filed for an unaffiliated candidate must include the names of candidates for both Governor and Lt. Governor. Specifies language to be included on the petition.
Amends GS 163-165.6 to require that the offices of the Governor and Lt. Governor be combined on the ballot listing the nominees of each party or unaffiliated nominees together so that a vote for a candidate for one office is a vote for the candidates for both offices. Amends GS 163-182.1 to provide that a write-in vote will not be counted unless the voter has written in the name for a candidate for Governor and a candidate for Lt. Governor.
Enacts new Article 11B of GS Chapter 163 to provide criteria for the nomination of a candidate for Lt. Governor including the time of nomination and addressing vacancies in nomination.
Amends GS 163-123 adding a new subsection (c1) to provide that declaration of intent filed for the office of Governor or the office of Lt. Governor is to be a joint declaration identifying both candidates and signed by both candidates.
Makes conforming changes to GS 163-106(c), 163-107(a), 163-107.1(b), 163-111(c)(1), and 163-1(b).
Provides that the above listed provisions become effective only if the proposed constitutional amendment in Section 5 of AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO LIMIT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE TO THREE CONSECUTIVE TWO-YEAR TERMS IN THOSE OFFICES, AND TO PROVIDE THAT THE GOVERNOR AND LIEUTENANT GOVERNOR SHALL RUN TOGETHER IN THE GENERAL ELECTION (S140) is approved by the qualified voters of the state at the general election on November 6, 2012. If the majority of votes in that general election are in favor of the proposed constitutional amendment, this act becomes effective January 1, 2013, and applies beginning with the 2016 election cycle.