AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO ESTABLISH A BIPARTISAN BOARD OF ETHICS AND ELECTIONS ENFORCEMENT AND TO CLARIFY BOARD APPOINTMENTS.
House committee substitute makes the following changes to the 1st edition. Deletes all provisions of the previous edition and replaces it with the following.
Subject to approval by voters at the statewide general election in November of 2018, makes the following changes to Article VI of the North Carolina Constitution.
Enacts new Section 11 establishing the Bipartisan State Board of Ethic and Elections Enforcement (Board) to administer ethics and election laws. Places the Board within the Executive Branch for administrative purposes only. The Board consists of eight members, serving four-year terms, with no more than four members registered with the same political affiliation. Requires appointments to be made as follows: (1) four members appointed by the General Assembly, upon the recommendation of the President Pro Tempore of the Senate, from nominees submitted by the majority leader and minority leader of the Senate, as prescribed by general law; prohibits the President Pro Tempore from recommending more than two nominees from each leader and (2) four members appointed by the General Assembly, upon the recommendation of the Speaker of the House of Representatives, from nominees submitted by the majority leader and minority leader of the House, as prescribed by general law; prohibits the Speaker from recommending more than two nominees from each leader.
Amends Section 6 of Article I by adding that the legislative powers of the State government controls the powers, duties, responsibilities, appointments, and terms of office of any board or commission prescribed by general law. Requires the executive powers of State government to be used to faithfully execute the general laws prescribing the board or commission.
Amends Section 20 of Article II by adding a prohibition on the General Assembly enacting a law that appoints a member of the General assembly to any board or commission that exercises executive or judicial powers.
Amends Section 5 of Article III by adding that the Governor must, when faithfully executing any general laws enacted by the General Assembly controlling the powers, duties, responsibilities, appointments, and terms of office of any board or commission, implement the general law as enacted and the legislative delegation provided for in Section 6 of Article I controls. Further amends the Section by adding that the legislative delegation provided for in Section 6 of Article I controls any executive, legislative, or judicial appointment and must be faithfully executed as enacted.
If approved by the qualified voters, Sections 2 (amending Section 6 of Article I), 3 (amending Section 20 of Article II) and 4 (amending Section 5 of Article III) become effective upon certification. Section 1, adding new Section 11 to Article VI, becomes effective March 1, 2019.
Makes conforming changes to the act's titles.