GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	2
SENATE BILL 2
Corrected Copy 1/30/01

     
 
Short Title:	Gubernatorial Team Ticket.	()	
Sponsors:	Senators Rand;  Albertson, Allran, Ballance, Berger, Bingham, Carpenter, Carrington, Carter, Clodfelter, Dalton, Dannelly, Forrester, Foxx, Garrou, Gulley, Hagan, Harris, Hartsell, Horton, Hoyle, Jordan, Lee, Lucas, Martin of Guilford, Metcalf, Miller, Moore, Plyler, Purcell, Robinson, Rucho, Shaw of Cumberland, Shaw of Guilford, Soles, Swindell, Thomas, Warren, Webster, and Weinstein.	
Referred to:	Judiciary I.	
January 25, 2001

	A BILL TO BE ENTITLED
AN ACT to provide that the governor and lieutenant governor run as a joint ticket in the general election, to clarify the status of acting governor, and to provide that the lieutenant governor shall be nominated by the party executive committee, rather than under the primary act.

The General Assembly of North Carolina enacts:
SECTION 1.  Section 2 of Article III of the North Carolina Constitution is amended by adding a new subsection to read:
"(3)	Team election. In the general election, all candidates for the offices of Governor and Lieutenant Governor shall form joint candidacies so that each voter shall cast a single vote for a candidate for Governor and a candidate for Lieutenant Governor running together."SECTION 2.  Section 3(2) of Article III of the North Carolina Constitution reads as rewritten:
"(2)	Succession as Acting Governor. During the physical or mental incapacity of the Governor to perform the duties of his office, the Lieutenant Governor shall be Acting Governor. The absence of the Governor from the State does not affect the power of the Governor, but the Governor may  designate in writing the Lieutenant Governor to be Acting Governor during such absence. The further order of succession as Acting Governor shall be prescribed by law."
SECTION 3.  The amendments set out in Sections 1 and 2 of this act shall be submitted to the qualified voters of the State at the general election in November 2002, which election shall be conducted under the laws then governing elections in the State.  Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes.  The question to be used in the voting systems and ballots shall be:
"[ ] FOR   [ ] AGAINST
Constitutional amendment providing that candidates for Governor and Lieutenant Governor shall be listed on the general election ballot as a team."
SECTION 4.  If a majority of the votes cast on the question are in favor of the amendments set out in Sections 1 and 2 of this act, the State Board of Elections shall certify the amendments to the Secretary of State.  The constitutional amendments shall become effective beginning with candidacies for the 2004 General Election.  The Secretary of State shall enroll the amendments so certified among the permanent records of that office.
SECTION 5.  Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163‑115.1. Party must nominate candidates for Governor and Lieutenant Governor.
If a party nominates a candidate for Governor under this Article, it must also nominate a candidate for Lieutenant Governor, or the nomination as Governor is void. If a party nominates a candidate for Lieutenant Governor under this Article, it must also nominate a candidate for Governor, or the nomination as Lieutenant Governor is void."
SECTION 6.  Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163‑108.2. Nomination of Lieutenant Governor.
Except for G.S. 163‑114 and G.S. 163‑115.1, the provisions of this Article do not apply to the office of Lieutenant Governor. Nomination for such office is as provided by Article 11B of this Chapter."
SECTION 7.  G.S. 163‑98 reads as rewritten:
"§ 163‑98. General election participation by new political party.
In the first general election following the date on which a new political party qualifies under the provisions of G.S. 163‑96, it shall be entitled to have the names of its candidates for State, congressional, and national offices printed on the official ballots, but it shall not be entitled to have the names of candidates for other offices printed on State, district, or county ballots at that election.
For the first general election following the date on which it qualifies under G.S. 163‑96, a new political party shall select its candidates by party convention. Following adjournment of the nominating convention, but not later than the first day of July prior to the general election, the president of the convention shall certify to the State Board of Elections the names of persons chosen in the convention as the new party's candidates for State, congressional, and national offices in the ensuing general election. The State Board of Elections shall print names thus certified on the appropriate ballots as the nominees of the new party. The convention, if it nominates a candidate for Governor, must also nominate a candidate for Lieutenant Governor, or the nomination for Governor shall be void except that if it fails to nominate a candidate for Lieutenant Governor, its candidate for Governor may nominate a candidate for Lieutenant Governor between July 1 and July 15. The convention, if it nominates a candidate for Lieutenant Governor, must also nominate a candidate for Governor, or the nomination for Lieutenant Governor is void."
SECTION 8.  G.S. 163‑122 is amended by adding a new subsection to read:
"(d)	In filing petitions as an unaffiliated candidate, a petition for the office of Governor shall also contain the name of a candidate for Lieutenant Governor, and the petition shall be a petition for both. In filing petitions as an unaffiliated candidate, a petition for the office of Lieutenant Governor shall also contain the name of a candidate for Governor, and the petition shall be a petition for both. The form of the petition requesting unaffiliated candidates to be placed on the ballot for Governor and Lieutenant Governor on the general election ballot shall contain on the heading of each page of the petition in bold print or in all capital letters the words 'THE UNDERSIGNED REGISTERED VOTERS IN ........ COUNTY HEREBY PETITION ON BEHALF OF ..... AS AN UNAFFILIATED CANDIDATE FOR GOVERNOR AND .......... AS AN UNAFFILIATED CANDIDATE FOR LIEUTENANT GOVERNOR IN THE NEXT GENERAL ELECTION. THE UNDERSIGNED HEREBY PETITION THAT THE SUBJECT CANDIDATES BE PLACED ON THE APPROPRIATE BALLOT UPON COMPLIANCE WITH THE PROVISIONS OF G.S. 163‑122.'"
SECTION 9.  G.S. 163‑140(b)(4) reads as rewritten:
"(4)	State Ballot: Beneath the title and general instructions set out in this subsection, the ballot for single‑seat contests for State officers, and for all State officers where mechanical voting machines are used shall be divided into parallel columns separated by distinct black lines. The State Board of Elections shall assign a separate column to each political party having candidates for State offices and one to unaffiliated candidates, if any. At the head of each party column the party's name shall be printed in large type, and at the head of the column for unaffiliated candidates shall be printed in large type the words 'Unaffiliated Candidates' Below the party name in each column shall be printed a circle, one‑half inch in diameter, around which shall be plainly printed the following instruction: 'For a straight ticket, mark within this circle.' With distinct black lines, the State Board of Elections shall divide the columns into horizontal sections and, in the customary order of office, assign a separate section to each office or group of offices to be filled. The offices of Governor and Lieutenant Governor shall be combined on the State ballot and the nominees of each party or unaffiliated offices listed together so that a vote for a candidate for one of those offices is a vote for the candidates for both offices. Such team election of Governor and Lieutenant Governor is not a multiseat race for the purpose of subsection (f) of this section.
On a single line at the top of each section shall be printed a direction as to the number of candidates for whom a vote may be cast. If candidates are to be chosen for different terms to the same office, the term in each instance shall be printed as part of the title of the office.
		The name or names of each political party's candidate or candidates for each office listed on the ballot shall be printed in the appropriate office section of the proper party column, and the names of unaffiliated candidates shall be printed in the appropriate office section of the column headed 'Unaffiliated Candidates.' At the left of each name shall be printed a voting square, and in each column all voting squares shall be arranged in a perpendicular line.
		On the face of the ballot, above the party and unaffiliated column division, the following instructions shall be printed in heavy black type, and the words 'you must also' in instruction c. shall be underlined:
'a.	To vote for all candidates of one party (a straight ticket), make a cross (X) mark in the circle of the party for whose candidates you wish to vote.
b.	You may vote a split ticket by not marking a cross (X) mark in the party circle, but by making a cross (X) mark in the square opposite the name of each candidate for whom you wish to vote.
c.	You may also vote a split ticket by marking a cross (X) mark in the party circle and then making a cross (X) mark in the square opposite the name of any candidate you choose of a different party. In any multi‑seat race where a party circle is marked and you vote for candidates of another party, you must also make a cross (X) mark opposite the name of any candidate you choose of the party for which you marked the party circle to assure your vote will count.
d.	If you tear or deface or wrongly mark this ballot, return it and get another.'
		On the bottom of the ballot shall be printed an identified facsimile of the signature of the Chairman of the State Board of Elections. If the State ballot contains no multi‑seat race, then the second sentence of instruction b. shall not appear on the ballot."
SECTION 10.  G.S. 163‑151(6) is amended by adding a new sub-subdivision to read:
"f.	A write‑in vote for a candidate for Governor shall not be counted unless that person has also written in the name of a candidate for Lieutenant Governor. A write‑in vote for a candidate for Lieutenant Governor shall not be counted unless that person has also written in the name of a candidate for Governor."
SECTION 11.  Chapter 163 of the General Statutes is amended by adding a new Article to read:
"Article 11B.
"Nomination of Lieutenant Governor.
"§ 163‑127.1. Lieutenant Governor.
Political parties nominating a candidate for Governor under Article 10 of this Chapter shall nominate a candidate for Lieutenant Governor in accordance with this Article.
"§ 163‑127.2. State executive committee or gubernatorial candidate to make nomination.
Each party shall choose its nominee for Lieutenant Governor by its State executive committee except if the State executive committee fails to make a nomination by the last Monday in July, its candidate for Governor may nominate a person prior to the deadline in G.S. 163‑127.3.
"§ 163‑127.3. Time of nomination.
The nomination for Lieutenant Governor shall be made no earlier than the date that party's nomination for Governor is determined under G.S. 163‑110, 163‑111, or 163‑112, as appropriate, and no later than the first Monday in August. The State Board of Elections shall be notified of the nomination for Lieutenant Governor no later than the first Monday in August. The State Board of Elections shall cause the name of the nominee to be printed on the general election ballots as if the nomination had been made by primary under Article 10 of this Chapter.
"§ 163‑127.4. Vacancies in nomination.
If a party has nominated a candidate for Lieutenant Governor, and a vacancy occurs in that nomination, it shall be filled in accordance with G.S. 163‑114 whether the nomination was made by the State convention under G.S. 163‑98, or by the State executive committee or gubernatorial candidate under G.S. 163‑98 or G.S. 163‑127.2."
SECTION 12.  G.S. 163‑106(c) reads as rewritten:
"(c) Time for Filing Notice of Candidacy. – Candidates seeking party primary nominations for the following offices shall file their notice of candidacy with the State Board of Elections no earlier than 12:00 noon on the first Monday in January and no later than 12:00 noon on the first Monday in February preceding the primary:
Governor
All State executive officers
Justices of the Supreme Court, Judges of the Court of Appeals
Judges of the district courts
United States Senators
Members of the House of Representatives of the United States
District attorneys
Candidates seeking party primary nominations for the following offices shall file their notice of candidacy with the county board of elections no earlier than 12:00 noon on the first Monday in January and no later than 12:00 noon on the first Monday in February preceding the primary:
State Senators
Members of the State House of Representatives
All county offices."
SECTION 13.  G.S. 163‑107(a) is amended by deleting in the schedule the entry under "Office Sought", and "Amount of Filing Fee" the entry for "Lieutenant Governor".
SECTION 14.  G.S. 163‑107.1(b) reads as rewritten:
"(b) If the candidate is seeking the office of United States Senator, Governor, any State executive officer, Justice of the Supreme Court or Judge of the Court of Appeals, the petition must be signed by 10,000 registered voters who are members of the political party in whose primary the candidate desires to run, except that in the case of a political party as defined by G.S. 163‑96(a)(2) which will be making nominations by primary election, the petition must be signed by ten percent (10%) of the registered voters of the State who are affiliated with the same political party in whose primary the candidate desires to run, or in the alternative, the petition shall be signed by no less than 10,000 registered voters regardless of the voter's political party affiliation, whichever requirement is greater. The petition must be filed with the State Board of Elections not later than 12:00 noon on Monday preceding the filing deadline before the primary in which he seeks to run. The names on the petition shall be verified by the board of elections of the county where the signer is registered, and the petition must be presented to the county board of elections at least 15 days before the petition is due to be filed with the State Board of Elections. When a proper petition has been filed, the candidate's name shall be printed on the primary ballot."
SECTION 15.  G.S. 163‑111(c)(1) reads as rewritten:
"(1)	A candidate who is apparently entitled to demand a second primary, according to the unofficial results, for one of the offices listed below, and desiring to do so, shall file a request for a second primary in writing or by telegram with the Executive Secretary‑Director of the State Board of Elections no later than 12:00 noon on the seventh day (including Saturdays and Sundays) following the date on which the primary was conducted, and such request shall be subject to the certification of the official results by the State Board of Elections. If the vote certification by the State Board of Elections determines that a candidate who was not originally thought to be eligible to call for a second primary is in fact eligible to call for a second primary, the Executive Secretary‑Director of the State Board of Elections shall immediately notify such candidate and permit him to exercise any options available to him within a 48‑hour period following the notification:
Governor,
All State executive officers,
Justices, Judges, or District Attorneys of the General Court of Justice, other than superior court judge
United States Senators,
Members of the United States House of Representatives,
State Senators in multi‑county senatorial districts, and
Members of the State House of Representatives in multi‑county representative districts."
SECTION 16.  G.S. 163‑1(b) reads as rewritten:
"(b)	On Tuesday next after the first Monday in May preceding each general election to be held in November for the officers referred to in subsection (a) of this section other than Lieutenant Governor, there shall be held in all election precincts within the territory for which the officers are to be elected a primary election for the purpose of nominating candidates for each political party in the State for those offices."
SECTION 17.  G.S. 163‑123 is amended by adding a new subsection to read:
"(c1)	Any declaration of intent filed under this section for the office of Governor shall be a joint declaration with another candidate for the office of Lieutenant Governor. Any declaration of intent filed under this section for the office of Lieutenant Governor shall be a joint declaration with another candidate for the office of Governor. The declaration shall be signed by both candidates. The State Board of Elections shall provide for a joint petition form for Governor and Lieutenant Governor in lieu of the one provided by subsection (d) of this section."
SECTION 18.  Sections 5 through 17 of this act become effective only if the constitutional amendments proposed by Sections 1 and 2 of this act are approved as provided by Sections 3 and 4 of this act, and if so approved, Sections 5 through 17 of this act become effective beginning with the 2004 election.
SECTION 19.  This act is effective when it becomes law.