Bill Summary for S 749 (2023-2024)

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Summary date: 

Jun 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

Senate amendment to the 2nd edition makes the following changes.

Part I.

Section 1.1

Reverses the repeal of GS 163-28 (State Board of Elections [Board] as an independent agency) and instead amends the statute to specify that the Board is administratively located within the Department of Secretary of State but will exercise its statutory powers, duties, functions, and authority and shall have all powers and duties conferred upon the heads of principal departments.

Part II.

Section 2.1.

Amends GS 163-19(c) (appointments to the Board) to now provide that any vacancy occurring on the Board will be filled by the General Assembly (was, also upon recommendation of the initial appointing authority). Deletes provision specifying that the General Assembly is not required to appoint a member to fill the vacancy by the list submitted by the relevant political party. Now permits the General Assembly to fill the vacancy in accordance with GS 120-121 (appointment by enactment of a bill) during a regular or extra session. Directs that if the General Assembly has adjourned for more than ten days, the vacancy will be filled by the individual recommending the initial appointment via a letter appointing an individual to serve until the expiration of the term or until the General Assembly fills the vacancy, whichever occurs first.

Part IV.

Section 4.1.

Amends GS 163-30 (appointments to the county boards of elections) to remove provisions requiring the General Assembly to fill any county board of elections vacancy from the names provided by the political party chair of the vacating member. Permits the General Assembly to fill the vacancy in accordance with GS 120-121 (appointment by enactment of a bill) during a regular or extra session. Directs that if the General Assembly has adjourned for more than ten days, the vacancy will be filled by the individual recommending the initial appointment via a letter appointing an individual to serve until the expiration of the term or until the General Assembly fills the vacancy, whichever occurs first.