North Carolina 2025-2026 Regular Session

North Carolina House Bill H443 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 443
	3	+	H D
	4	+	HOUSE BILL DRH10211-MCy-166
	5	+
5	6
6	7
7	8		Short Title: Const. Amendment: Council of State Vacancies. (Public)
8		-	Sponsors: Representatives K. Hall, Blackwell, Stevens, and Huneycutt (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Judiciary 1, if favorable, State and Local Government, if favorable, Rules,
11		-	Calendar, and Operations of the House
12		-	March 20, 2025
13		-	H443 -v-1
	9	+	Sponsors: Representative K. Hall.
	10	+	Referred to:
	11	+
	12	+	DRH10211 -MCy-166
14	13		A BILL TO BE ENTITLED 1
15	14		AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO MODIFY THE 2
16	15		PROCESS FOR FILLING A VACANCY IN THE OFFICE OF SECRETARY OF STATE, 3
17	16		AUDITOR, TREASURER, SUPERINTENDENT OF PUBLIC INSTRUCTION, 4
18	17		ATTORNEY GENERAL, COMMISSIONER OF AGRICULTURE, COMMISSIONER OF 5
19	18		LABOR, AND COMMISSIONER OF INSURANCE. 6
20	19		The General Assembly of North Carolina enacts: 7
21	20		SECTION 1. Section 7(3) of Article III of the North Carolina Constitution reads as 8
22	21		rewritten: 9
23	22		"(3) Vacancies. If the office of any of these officers is vacated by death, resignation, or 10
24	23		otherwise, it shall be the duty of the Governor to appoint another to serve until his a successor is 11
25	24		elected and qualified. Every such vacancy shall be filled by election at the first election for 12
26	25		members of the General Assembly that occurs more than 60 days after the vacancy has taken 13
27	26		place, and the person chosen shall hold the office for the remainder of the unexpired term fixed 14
28	27		in this Section. When a vacancy occurs in the office of any of the officers named in this Section 15
29	28		and the term expires on the first day of January succeeding the next election for members of the 16
30	29		General Assembly, the Governor shall appoint to fill the vacancy for the unexpired term of the 17
31	30		office. If the officer was elected as the nominee of a political party, the Governor shall appoint 18
32	31		from a list of three qualified persons recommended by the political party with which the vacating 19
33	32		officer was affiliated at the time of election, if that political party makes a recommendation within 20
34	33		30 days of the occurrence of the vacancy." 21
35	34		SECTION 2. The amendment set out in Section 1 of this act shall be submitted to 22
36	35		the qualified voters of the State at the statewide general election to be held on November 3, 2026, 23
37	36		which election shall be conducted under the laws then governing elections in the State. The 24
38	37		election shall be conducted in accordance with Chapter 163 of the General Statutes. The question 25
39	38		to be used in the voting systems and ballots shall be: 26
40	39		"[ ] FOR [ ] AGAINST 27
41	40		Constitutional amendment to require the Governor to fill a vacancy in the office of 28
42	41		Secretary of State, Auditor, Treasurer, Superintendent of Public Instruction, Attorney General, 29
43	42		Commissioner of Agriculture, Commissioner of Labor, and Commissioner of Insurance by 30
44	43		selecting from a list of nominees submitted by the political party with which the vacating officer 31
45	44		was affiliated when elected, if applicable and submitted." 32
46	45		SECTION 3. The State Board of Elections shall certify the results of the referendum 33
47		-	conducted under Section 2 of this act. If a majority of votes cast on the question are in favor of 34 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 443-First Edition
49		-	the amendment set out in Section 1 of this act, the Secretary of State shall enroll the amendment 1
50		-	among the permanent records of that office. If a majority of votes cast on the question are against 2
51		-	the amendment set out in Section 1 of this act, the amendment shall have no effect. 3
52		-	SECTION 4. If the certification from the State Board of Elections under Section 3 4
53		-	of this act reflects that a majority of votes cast on the question are in favor of the amendment set 5
54		-	out in Section 1 of this act, the amendment set out in Section 1 of this act is effective upon 6
55		-	certification. 7
56		-	SECTION 5. Except as otherwise provided, this act is effective when it becomes 8
57		-	law. 9
	46	+	conducted under Section 2 of this act. If a majority of votes cast on the question are in favor of 34
	47	+	the amendment set out in Section 1 of this act, the Secretary of State shall enroll the amendment 35
	48	+	H.B. 443
	49	+	Mar 18, 2025
	50	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	51	+	Page 2 DRH10211-MCy-166
	52	+	among the permanent records of that office. If a majority of votes cast on the question are against 1
	53	+	the amendment set out in Section 1 of this act, the amendment shall have no effect. 2
	54	+	SECTION 4. If the certification from the State Board of Elections under Section 3 3
	55	+	of this act reflects that a majority of votes cast on the question are in favor of the amendment set 4
	56	+	out in Section 1 of this act, the amendment set out in Section 1 of this act is effective upon 5
	57	+	certification. 6
	58	+	SECTION 5. Except as otherwise provided, this act is effective when it becomes 7
	59	+	law. 8