North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S638 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 638
	3	+	S D
	4	+	SENATE BILL DRS45103-MTy-16A
	5	+
5	6
6	7
7	8		Short Title: Fair Maps Act. (Public)
8	9		Sponsors: Senators Bradley and Everitt (Primary Sponsors).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 26, 2025~~
11		-	~~S638 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS45103 -MTy-16A
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROVIDE FOR AN 2
14	15		INDEPENDENT REDISTRICTING PROCESS, TO ESTABLISH THE NORTH 3
15	16		CAROLINA CITIZENS REDISTRICTING COMMISSION , AND TO MAKE 4
16	17		CONFORMING CHANGES TO THE GENERAL STATUTES . 5
17	18		The General Assembly of North Carolina enacts: 6
18	19		7
19	20		PART I. INDEPENDENT REDISTRICTING PROCESS 8
20	21		SECTION 1.(a) Section 3 of Article II of the North Carolina Constitution reads as 9
21	22		rewritten: 10
22	23		"Sec. 3. Senate districts; apportionment of Senators. 11
23	24		The Senators shall be elected from districts. The General Assembly, at the first regular session 12
24	25		convening after the return of every decennial census of population taken by order of Congress, 13
25	26		shall revise the senate districts and the apportionment of Senators among those districts, subject 14
26	27		to the following requirements:Assembly shall establish an independent process to revise the 15
27	28		senate districts and the apportionment of Senators among those districts pursuant to Section 25 16
28	29		of this Article. 17
29	30		(1) Each Senator shall represent, as nearly as may be, an equal number of inhabitants, the 18
30	31		number of inhabitants that each Senator represents being determined for this purpose by dividing 19
31	32		the population of the district that he represents by the number of Senators apportioned to that 20
32	33		district; 21
33	34		(2) Each senate district shall at all times consist of contiguous territory; 22
34	35		(3) No county shall be divided in the formation of a senate district; 23
35	36		(4) When established, the senate districts and the apportionment of Senators shall remain 24
36	37		unaltered until the return of another decennial census of population taken by order of Congress." 25
37	38		SECTION 1.(b) Section 5 of Article II of the North Carolina Constitution reads as 26
38	39		rewritten: 27
39	40		"Sec. 5. Representative districts; apportionment of Representatives. 28
40	41		The Representatives shall be elected from districts. The General Assembly, at the first regular 29
41	42		session convening after the return of every decennial census of population taken by order of 30
42	43		Congress, shall revise the representative districts and the apportionment of Representatives 31
43	44		among those districts, subject to the following requirements:Assembly shall establish an 32
44	45		independent process to revise the representative districts and the apportionment of 33
45	46		Representatives among those districts pursuant to Section 25 of this Article. 34
46	47		(1) Each Representative shall represent, as nearly as may be, an equal number of 35
47		-	inhabitants, the number of inhabitants that each Representative represents being determined for 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 Senate Bill 638-First Edition
	48	+	inhabitants, the number of inhabitants that each Representative represents being determined for 36
	49	+	FILED SENATE
	50	+	Mar 25, 2025
	51	+	S.B. 638
	52	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	53	+	Page 2 DRS45103-MTy-16A
49	54		this purpose by dividing the population of the district that he represents by the number of 1
50	55		Representatives apportioned to that district; 2
51	56		(2) Each representative district shall at all times consist of contiguous territory; 3
52	57		(3) No county shall be divided in the formation of a representative district; 4
53	58		(4) When established, the representative districts and the apportionment of 5
54	59		Representatives shall remain unaltered until the return of another decennial census of population 6
55	60		taken by order of Congress." 7
56	61		SECTION 1.(c) Article II of the North Carolina Constitution is amended by adding 8
57	62		a new section to read: 9
58	63		"Sec. 25. Redistricting. 10
59	64		The General Assembly shall establish by law an independent process to revise electoral 11
60	65		districts for Congress and the General Assembly after the return of every decennial census of 12
61	66		population taken by order of Congress. The process shall meet at least all of the following 13
62	67		requirements: 14
63	68		(1) Neither the General Assembly nor the Governor shall have any role in revising 15
64	69		electoral districts for the General Assembly or the House of Representatives of the United States 16
65	70		Congress. 17
66	71		(2) Each member of the Senate and House of Representatives of the General Assembly 18
67	72		and the House of Representatives of the United States Congress shall represent, as nearly as may 19
68	73		be, an equal number of inhabitants. 20
69	74		(3) Each electoral district shall at all times consist of contiguous territory. 21
70	75		(4) When established, the electoral districts for the Senate and House of Representatives 22
71	76		of the General Assembly shall remain unaltered until the return of another decennial census of 23
72	77		population taken by order of Congress. 24
73	78		(5) Electoral districts adopted pursuant to the process shall have the force and effect of 25
74	79		acts of the General Assembly." 26
75	80		SECTION 1.(d) Subsection (5) of Section 22 of Article II of the North Carolina 27
76	81		Constitution reads as rewritten: 28
77	82		"(5) Other exceptions. Appointments to office. Every bill: 29
78	83		(a) In bill in which the General Assembly makes an appointment or appointments 30
79	84		to public office and which contains no other matter; 31
80	85		(b) Revising the senate districts and the apportionment of Senators among those 32
81	86		districts and containing no other matter; 33
82	87		(c) Revising the representative districts and the apportionment of Representatives 34
83	88		among those districts and containing no other matter; or 35
84	89		(d) Revising the districts for the election of members of the House of 36
85	90		Representatives of the Congress of the United States and the apportionment 37
86	91		of Representatives among those districts and containing no other matter, 38
87	92		matter shall be read three times in each house before it becomes law and shall 39
88	93		be signed by the presiding officers of both houses." 40
89	94		SECTION 1.(e) The amendments set out in subsections (a), (b), (c), and (d) of this 41
90	95		section shall be submitted to the qualified voters of the State at the general election in November 42
91	96		2026, which election shall be conducted under the laws then governing elections in the State. 43
92	97		Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General 44
93	98		Statutes. The question to be used in the voting systems and ballots shall be: 45
94	99		"[ ] FOR [ ] AGAINST 46
95	100		A constitutional amendment providing for an independent redistricting process for 47
96	101		electoral districts for Congress and the General Assembly. The General Assembly would 48
97	102		establish the process but have no role in the revising of districts." 49
98	103		SECTION 1.(f) If a majority of votes cast on the question are in favor of the 50
99	104		amendments set out in subsections (a), (b), (c), and (d) of this section, the State Board of Elections 51 General Assembly Of North Carolina Session 2025
100		-	~~Senate Bill 638-First Edition~~ Page 3
	105	+	DRS45103-MTy-16A Page 3
101	106		shall certify the amendments to the Secretary of State. The Secretary of State shall enroll the 1
102	107		amendments so certified among the permanent records of that office. The amendments set out in 2
103	108		subsections (a), (b), (c), and (d) of this section are effective upon certification. 3
104	109		SECTION 1.(g) Chapter 120 of the General Statutes is amended by adding a new 4
105	110		Article to read: 5
106	111		"Article 1B. 6
107	112		"Redistricting. 7
108	113		"§ 120-4.50. Definitions. 8
109	114		As used in this Article, unless the context requires otherwise, the following definitions shall 9
110	115		apply: 10
111	116		(1) Census Bureau. – The United States Bureau of the Census. 11
112	117		(2) Commission. – The North Carolina Citizens Redistricting Commission 12
113	118		established pursuant to G.S. 120-4.55. 13
114	119		(3) Communities of interest. – Contiguous and cohesive populations of persons 14
115	120		that share common social, economic, or policy interests. Communities of 15
116	121		interest shall not include common relationships with political parties or 16
117	122		political candidates. Communities of interest include, but are not limited to, 17
118	123		populations that share any of the following characteristics: 18
119	124		a. A racial, cultural, geographic, or ethnic identity. 19
120	125		b. A common history of marginalization or discrimination. 20
121	126		c. Natural resources. 21
122	127		d. Excessive damage from past or present natural disasters or pollution. 22
123	128		e. An organized decision-making body. 23
124	129		(4) Congressional districts or plans. – Districts or plans for the House of 24
125	130		Representatives of the United States Congress. 25
126	131		(5) Federal census. – The decennial census required by federal law to be 26
127	132		conducted by the Census Bureau in every year ending in zero. 27
128	133		(6) Final plan. – A plan adopted by the Commission to be used for the purpose of 28
129	134		nominating and electing identified representatives. In accordance with Section 29
130	135		25 of Article II of the North Carolina Constitution, final plans shall have the 30
131	136		force and effect of acts of the General Assembly. 31
132	137		(7) Ideal population. – The number determined by dividing the number of 32
133	138		members in a plan into the population of the State as reported in the federal 33
134	139		census. 34
135	140		(8) Identified representative. – A member of the Senate or House of 35
136	141		Representatives of the General Assembly or a member of the House of 36
137	142		Representatives of the United States Congress. 37
138	143		(9) Legislative districts or plans. – Districts or plans for the Senate and House of 38
139	144		Representatives of the General Assembly. 39
140	145		(10) Metropolitan or micropolitan statistical areas. – Areas of the State defined as 40
141	146		metropolitan or micropolitan statistical areas by the Office of Management 41
142	147		and Budget of the United States. 42
143	148		(11) Plan. – A plan for legislative or congressional reapportionment drawn in 43
144	149		accordance with Section 25 of Article II of the North Carolina Constitution 44
145	150		and this Article. 45
146	151		(12) Preliminary plan. – An initial plan released by the Commission for public 46
147	152		input at the beginning of the redistricting cycle. 47
148	153		(13) Proposed and alternative plans. – Plans released by the Commission following 48
149	154		public input. 49
150	155		(14) Public office. – Elective State, local, or federal office. 50 General Assembly Of North Carolina Session 2025
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	156	+	Page 4 DRS45103-MTy-16A
152	157		(15) Relative. – An individual who is related to the person in question as father, 1
153	158		mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, 2
154	159		husband, wife, grandfather, grandmother, father-in-law, mother-in-law, 3
155	160		son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, 4
156	161		stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or 5
157	162		half-sister. 6
158	163		"§ 120-4.55. North Carolina Citizens Redistricting Commission. 7
159	164		(a) Establishment. – There is established the North Carolina Citizens Redistricting 8
160	165		Commission in accordance with Section 25 of Article II of the North Carolina Constitution to 9
161	166		prepare preliminary, proposed, and alternative plans and to adopt final plans for the purpose of 10
162	167		nominating and electing members of the Senate and House of Representatives of the General 11
163	168		Assembly and the House of Representatives of the United States Congress. 12
164	169		(b) Eligibility. – A resident of North Carolina is eligible to apply for membership on the 13
165	170		Commission if that person meets all of the following requirements: 14
166	171		(1) Has been a registered voter in North Carolina with the same party affiliation, 15
167	172		or lack thereof, for at least four years prior to commencement of service on 16
168	173		the Commission. This requirement does not apply to persons under the age of 17
169	174		25. 18
170	175		(2) Has not contributed during one election cycle cumulatively more than two 19
171	176		thousand dollars ($2,000) to any candidate for public office. 20
172	177		(3) Does not hold public office. 21
173	178		(4) Is not any of the following: 22
174	179		a. A relative of (i) a current member of the General Assembly, (ii) a 23
175	180		current member of the North Carolina Council of State, or (iii) a 24
176	181		covered person, as defined in G.S. 138A-3(21). 25
177	182		b. A political appointee of the General Assembly. 26
178	183		c. A staff member or legal counsel to the General Assembly. 27
179	184		d. An official of a political party or a consultant or legal counsel to a 28
180	185		political party in the United States. 29
181	186		e. A candidate for public office. 30
182	187		(5) Has never done any of the following: 31
183	188		a. Been elected to serve in any of the following: 32
184	189		1. The General Assembly or Congress at the time of or for any 33
185	190		period of time during the eight years preceding the date of his 34
186	191		or her application. 35
187	192		2. Any other public office at the time of or for any period of time 36
188	193		during the four years preceding the date of his or her 37
189	194		application. 38
190	195		b. Held a political appointment. 39
191	196		c. Served as an elected or appointed officer of a political party, body, or 40
192	197		committee at any level of government in the United States. 41
193	198		d. Served as an officer, employee, or paid consultant of a political party 42
194	199		or body or of the campaign or campaign committee of a candidate for 43
195	200		public office in the United States. 44
196	201		e. Been convicted of any of the following crimes against a governmental 45
197	202		body of the United States or a crime with a direct connection to the 46
198	203		crimes: 47
199	204		1. Espionage. 48
200	205		2. Terrorism. 49
201	206		3. Treason. 50
202	207		4. Sabotage. 51 General Assembly Of North Carolina Session 2025
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	208	+	DRS45103-MTy-16A Page 5
204	209		5. Sedition. 1
205	210		6. Insurrection. 2
206	211		(6) Is not a legislative staffer, lobbyist, or legislative liaison. 3
207	212		(7) Has not been employed by Congress within 10 years of applying for 4
208	213		membership on the Commission. 5
209	214		(c) Membership Application; Evaluations. – Any citizen of North Carolina may apply to 6
210	215		the State Auditor to be a member of the Commission, according to the following process: 7
211	216		(1) The State Auditor shall ensure that applications are available for at least six 8
212	217		months beginning in each year ending in nine. The State Auditor shall work 9
213	218		with the State Ethics Commission to publicize the application process, 10
214	219		including advertising the application period, commission qualifications, and 11
215	220		selection process in at least the following ways: 12
216	221		a. In the following: 13
217	222		1. For at least one month, the 10 media outlets in the State with 14
218	223		the highest circulation. 15
219	224		2. The main website for all State agencies. 16
220	225		3. Appropriate local news broadcasts. 17
221	226		4. Media outlets that serve minority communities. 18
222	227		b. By distributing paper applications to at least the following: 19
223	228		1. At least one percent (1%) of all registered voters in North 20
224	229		Carolina. Recipients of paper applications shall be selected 21
225	230		randomly but in no event shall more than thirty-three percent 22
226	231		(33%) of the recipients be affiliated or not affiliated with a 23
227	232		particular party. 24
228	233		2. Any registered voter in North Carolina who submits a request 25
229	234		for an application. 26
230	235		c. To tribal nations located in North Carolina. The State Auditor shall 27
231	236		encourage indigenous persons to apply to be a member of the 28
232	237		Commission and may coordinate for that purpose with the Division of 29
233	238		Indian Affairs of the North Carolina Department of Administration, 30
234	239		the North Carolina State Commission of Indian Affairs, and any 31
235	240		State-recognized Indian tribe. 32
236	241		(2) As part of a person's application, that person shall (i) disclose all relevant 33
237	242		relationships and positions and (ii) submit to the State Auditor an attestation 34
238	243		that the person is eligible to serve as a member of the Commission pursuant 35
239	244		to subsection (b) of this section. 36
240	245		(3) The State Auditor shall evaluate applications to ensure they meet the 37
241	246		requirements of this section and any other requirements of State law. The State 38
242	247		Auditor shall submit all eligible applications to the State Ethics Commission. 39
243	248		The State Ethics Commission shall review the eligible applications and submit 40
244	249		a diverse group of up to 60 applications to the General Assembly, as follows: 41
245	250		a. Applications submitted to the General Assembly shall reflect the 42
246	251		State's diverse races, ethnicities, nationalities, sexual orientations, 43
247	252		socioeconomic statuses, and geography. 44
248	253		b. The State Ethics Commission shall submit no more than 20 45
249	254		applications from persons registered in each of the following ways, as 46
250	255		reflected by the latest registration statistics published by the State 47
251	256		Board of Elections: 48
252	257		1. As affiliated with the political party with the highest number 49
253	258		of registered affiliates. 50 General Assembly Of North Carolina Session 2025
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255	260		2. As affiliated with the political party with the second-highest 1
256	261		number of registered affiliates. 2
257	262		3. As not affiliated with either of the two political parties having 3
258	263		the highest and second-highest number of registered affiliates. 4
259	264		c. If there are fewer than 20 applications from persons registered in 5
260	265		accordance with any sub-sub-subdivision of sub-subdivision (3)b. of 6
261	266		this subsection, the State Ethics Commission may submit additional 7
262	267		eligible applications to the General Assembly, as necessary, to reach a 8
263	268		total of 60 applications. 9
264	269		(4) Of the pool of candidates submitted to the General Assembly pursuant to 10
265	270		subdivision (3) of this subsection, the President Pro Tempore of the Senate, 11
266	271		the minority leader in the Senate, the Speaker of the House of Representatives, 12
267	272		and the minority leader in the House of Representatives may each strike up to 13
268	273		six candidates. 14
269	274		(d) Appointment. – The Commission shall be composed of 15 members appointed from 15
270	275		the pool of candidates that remains after the leaders of the General Assembly have made their 16
271	276		strikes pursuant to subdivision (4) of subsection (c) of this section, as follows: 17
272	277		(1) Two members affiliated in each of the three ways identified in sub-subdivision 18
273	278		b. of subdivision (3) of subsection (c) of this section, appointed by the State 19
274	279		Ethics Commission, for a total of six members. 20
275	280		(2) Three members affiliated in each of the three ways identified in 21
276	281		sub-subdivision b. of subdivision (3) of subsection (c) of this section, by the 22
277	282		six members appointed pursuant to subdivision (1) of this subsection, for a 23
278	283		total of nine members. 24
279	284		(3) All appointing authorities shall consider the importance of diversity, as 25
280	285		defined in sub-subdivision (c)(3)a. of this section, when making their 26
281	286		appointments. 27
282	287		(e) Term of Office. – The term of office for members of the Commission shall begin on 28
283	288		July 1 of each year ending in zero. The members shall continue in office for 10 years until their 29
284	289		successors are appointed and qualified. 30
285	290		(f) Chair. – The position of chair of the Commission shall rotate every three months, 31
286	291		following a schedule randomly generated at the beginning of the redistricting cycle. No two 32
287	292		members who share the same party affiliation, or lack thereof, shall serve as chair in the same 33
288	293		six-month period. No member shall serve as chair more than once in a 12-month period. 34
289	294		(g) Removal from Office. – A member of the Commission may be removed from office, 35
290	295		as follows: 36
291	296		(1) By the authority that appointed the member for any of the following: 37
292	297		a. Failure to comply with G.S. 120-4.65. 38
293	298		b. Ineligibility pursuant to subsection (b) of this section. 39
294	299		(2) By a vote of at least 11 members of the Commission, including at least one 40
295	300		commissioner appointed from the same sub-sub-subdivision of 41
296	301		sub-subdivision b. of subdivision (3) of subsection (c) of this section, in open 42
297	302		session at any duly held meeting, for any cause that renders the member 43
298	303		incapable or unfit to discharge the duties of the office, including neglect of 44
299	304		duty or gross misconduct. All Commission member votes on removal of a 45
300	305		member pursuant to this subdivision shall be recorded in the record. 46
301	306		(h) Vacancies. – Any vacancy occurring in the membership of the Commission shall be 47
302	307		filled in the manner prescribed in this section by the authority that made the initial appointment. 48
303	308		Vacancies shall be filled for the remainder of the unexpired term. 49
304	309		(i) Stipend. – Members of the Commission shall receive a stipend of one thousand two 50
305	310		hundred dollars ($1,200) for each month that the Commission meets. Beginning July 1, 2040, 51 General Assembly Of North Carolina Session 2025
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307	312		and every 10 years thereafter, the Legislative Services Officer shall adjust the monthly stipend 1
308	313		amount, as necessary, to ensure that the value of the stipend remains equivalent to the value 2
309	314		provided in the previous decade. The Legislative Services Officer shall base this adjustment on 3
310	315		the change in the Employment Cost Index (ECI) reported by the United States Bureau of Labor 4
311	316		Statistics or an equivalent measure of inflation. 5
312	317		(j) Other Expenses. – Members of the Commission may receive travel and subsistence, 6
313	318		as follows: 7
314	319		(1) Members who are officials or employees of a State agency or unit of local 8
315	320		government, in accordance with G.S. 138-6. 9
316	321		(2) All other members at the rate established in G.S. 138-5. 10
317	322		"§ 120-4.60. Staff. 11
318	323		(a) The Commission shall be administratively housed in the Legislative Services Office 12
319	324		of the General Assembly. 13
320	325		(b) The Commission may exercise its prescribed powers independently of the General 14
321	326		Assembly and the Legislative Services Officer. In order to pay expenses incidental to 15
322	327		implementing its purposes, the Commission may enter into contracts, own property, and accept 16
323	328		funds, grants, and gifts from academic and nonprofit entities that have never contributed to 17
324	329		political parties, persons holding public office, or candidates for public office. 18
325	330		(c) The Legislative Services Officer shall provide general administrative support to the 19
326	331		Commission, including purchasing, payroll, and similar administrative services. 20
327	332		(d) The Commission shall retain independent staff under contract, including an executive 21
328	333		secretary and any additional necessary supporting staff. As a whole, the political affiliations of 22
329	334		staff members, or lack thereof, shall be divided approximately into thirds among the two political 23
330	335		parties with the highest number of affiliates and among persons unaffiliated with a political party. 24
331	336		A person is ineligible to serve as a staff member to the Commission if that person would be 25
332	337		ineligible to serve as a member of the Commission pursuant to G.S. 120-4.55(b). Staff shall be 26
333	338		selected as follows: 27
334	339		(1) If there are at least three members appointed to the Commission from each 28
335	340		sub-sub-subdivision of G.S. 120-4.55(c)(3)b., staff shall be selected by a vote 29
336	341		of at least nine members composed of at least three members appointed to the 30
337	342		Commission from each sub-sub-subdivision of G.S. 120-4.55(c)(3)b. 31
338	343		(2) If there are not at least three members appointed to the Commission from each 32
339	344		sub-sub-subdivision of G.S. 120-4.55(c)(3)b., staff shall be selected by a vote 33
340	345		of all of the following: 34
341	346		a. At least three members from each sub-sub-subdivision of 35
342	347		G.S. 120-4.55(c)(3)b. with more than three members appointed to the 36
343	348		Commission. 37
344	349		b. A unanimous vote from each sub-sub-subdivision of 38
345	350		G.S. 120-4.55(c)(3)b. with three or fewer members appointed to the 39
346	351		Commission. 40
347	352		"§ 120-4.65. Open meetings and public records. 41
348	353		The Commission shall be subject to the Public Records Act, Chapter 132 of the General 42
349	354		Statutes, and the Open Meetings Law, Article 33C of Chapter 143 of the General Statutes, except 43
350	355		to the extent those enactments conflict with the below requirements: 44
351	356		(1) Members of the Commission and staff shall not discuss the business of the 45
352	357		Commission outside public meetings. 46
353	358		(2) If a member of the Commission violates subdivision (1) of this section, he or 47
354	359		she shall place in the public records of the Commission (i) any violating 48
355	360		written communication and (ii) a written description of any violating oral 49
356	361		communication. The written description of an oral communication must 50
357	362		include the name of the parties to the communication, the date and 51 General Assembly Of North Carolina Session 2025
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359	364		approximate time of the communication, and a description of the nature and 1
360	365		substance of the communication. 2
361	366		(3) The Commission shall provide at least 14 days' notice prior to any meeting in 3
362	367		which votes will be taken. 4
363	368		"§ 120-4.70. Redistricting criteria. 5
364	369		All plans shall meet the following goals, in order of priority: 6
365	370		(1) Each identified representative shall represent, as nearly as may be, an equal 7
366	371		number of inhabitants. 8
367	372		(2) Compliance with the North Carolina Constitution, State law, the Constitution 9
368	373		of the United States, including the equal protection clause of the Fourteenth 10
369	374		Amendment, and federal law, to ensure that everyone, including members of 11
370	375		minority groups, have an equal opportunity to elect representatives of their 12
371	376		choice. A plan shall not diminish or dilute the ability of a member of a 13
372	377		minority from electing a candidate of his or her choice, whether alone or in 14
373	378		coalition with others. 15
374	379		(3) In accordance with subdivisions (1) and (2) of this section, the population for 16
375	380		a legislative district shall be within five percent (5%) of the ideal population 17
376	381		for that district. Congressional districts shall each have a population that is as 18
377	382		nearly equal as practicable to the ideal population but in all cases within 19
378	383		one-tenth of one percent (0.1%) of the ideal population for that district. 20
379	384		(4) All districts shall be contiguous. Areas that meet only at the points of 21
380	385		adjoining corners are not contiguous. 22
381	386		(5) Minimizing the number of split communities of interest with the following 23
382	387		communities of interest prioritized above all others and in the following order: 24
383	388		a. Municipalities and census designated places. 25
384	389		b. Precincts. 26
385	390		c. Counties. 27
386	391		(6) The Commission shall not consider electoral results or political considerations 28
387	392		in the preparation of a preliminary, proposed, or alternative plan. In order to 29
388	393		ensure that each citizen of the State has substantially equal voting power on 30
389	394		the basis of party affiliation, the Commission shall evaluate every proposed 31
390	395		and alternative plan after the plan is created to avoid inadvertently diminishing 32
391	396		or diluting a voter's opportunity to aggregate with likeminded voters to elect 33
392	397		a governing majority based on party affiliation. Before adopting a final plan, 34
393	398		the Commission shall revise any plan that it deems to have violated this 35
394	399		subdivision to the minimum extent necessary to remedy that violation. 36
395	400		(7) Districts shall not favor or disfavor an incumbent, and the Commission shall 37
396	401		not consider member residency in the preparation of a plan. 38
397	402		(8) To the extent practicable, all districts shall be compact. Districts should not 39
398	403		bypass nearby communities for more distant communities. 40
399	404		"§ 120-4.75. Adoption of redistricting plans by the Commission. 41
400	405		(a) Duties. – The Commission shall adopt preliminary, proposed, alternative, and final 42
401	406		plans, as follows: 43
402	407		(1) If there are at least three members appointed to the Commission from each 44
403	408		sub-sub-subdivision of G.S. 120-4.55(c)(3)b., plans shall be adopted by a vote 45
404	409		of at least nine members composed of at least three members appointed to the 46
405	410		Commission from each sub-sub-subdivision of G.S. 120-4.55(c)(3)b. 47
406	411		(2) If there are not at least three members appointed to the Commission from each 48
407	412		sub-sub-subdivision of G.S. 120-4.55(c)(3)b., plans shall be adopted by a vote 49
408	413		of all of the following: 50 General Assembly Of North Carolina Session 2025
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410	415		a. At least three members from each sub-sub-subdivision of 1
411	416		G.S. 120-4.55(c)(3)b. with more than three members appointed to the 2
412	417		Commission. 3
413	418		b. A unanimous vote of the members from each sub-sub-subdivision of 4
414	419		G.S. 120-4.55(c)(3)b. with three or fewer members appointed to the 5
415	420		Commission. 6
416	421		(b) Special Master. – At the beginning of the redistricting cycle, the State Ethics 7
417	422		Commission shall submit to the Commission a list of names of persons with an expertise in 8
418	423		redistricting who are qualified to serve as a special master. A person is ineligible to serve as a 9
419	424		special master if that person would be ineligible to serve as a member of the Commission 10
420	425		pursuant to G.S. 120-4.55(b). In the event a plan cannot be adopted pursuant to subsection (a) of 11
421	426		this section, the Commission shall appoint a special master from the list of names provided by 12
422	427		the State Ethics Commission, and the special master shall draw a plan and submit the plan, along 13
423	428		with the rationale for the plan, to the Commission, which shall adopt that plan. The special master 14
424	429		shall be appointed as follows: 15
425	430		(1) If there are at least three members appointed to the Commission from each 16
426	431		sub-sub-subdivision of G.S. 120-4.55(c)(3)b., the special master shall be 17
427	432		appointed by a vote of at least nine members composed of at least three 18
428	433		members appointed to the Commission from each sub-sub-subdivision of 19
429	434		G.S. 120-4.55(c)(3)b. 20
430	435		(2) If there are not at least three members appointed to the Commission from each 21
431	436		sub-sub-subdivision of G.S. 120-4.55(c)(3)b., the special master shall be 22
432	437		appointed by a vote of all of the following: 23
433	438		a. At least three members from each sub-sub-subdivision of 24
434	439		G.S. 120-4.55(c)(3)b. with more than three members appointed to the 25
435	440		Commission. 26
436	441		b. A unanimous vote of the members from each sub-sub-subdivision of 27
437	442		G.S. 120-4.55(c)(3)b. with three or fewer members appointed to the 28
438	443		Commission. 29
439	444		(c) Time Line. – The Commission shall adopt all plans no later than October 1 of the year 30
440	445		following each federal census. Prior to the adoption of a plan, the Commission shall adhere to 31
441	446		the following maximum time line: 32
442	447		(1) Within 30 days of receipt of data from the Census Bureau, the Commission 33
443	448		shall hold at least 10 initial public hearings pursuant to G.S. 120-4.80. 34
444	449		(2) Within 50 days of receipt of data from the Census Bureau, the Commission 35
445	450		shall release to the public preliminary plans for revising the congressional and 36
446	451		legislative districts. 37
447	452		(3) Within 70 days of receipt of data from the Census Bureau, the Commission 38
448	453		shall hold at least an additional 10 public hearings pursuant to G.S. 120-4.80. 39
449	454		(4) Within 90 days of receipt of data from the Census Bureau, the Commission 40
450	455		shall release to the public all of the following: 41
451	456		a. Proposed plans for revising the congressional and legislative districts. 42
452	457		b. Alternative plans for revising the congressional and legislative 43
453	458		districts. 44
454	459		c. A summary of public input provided pursuant to G.S. 120-4.80. 45
455	460		(5) Within 110 days of receipt of data from the Census Bureau, the Commission 46
456	461		shall vote to adopt final plans from its proposed or alternative plans for 47
457	462		revising the congressional and legislative districts. 48
458	463		(6) If the Commission fails to adopt any plan pursuant to subdivision (5) of this 49
459	464		subsection, the Commission shall adhere to the following extended maximum 50
460	465		time line: 51 General Assembly Of North Carolina Session 2025
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462	467		a. Within 130 days of receipt of data from the Census Bureau, the 1
463	468		Commission shall select from the list of names provided by the State 2
464	469		Ethics Commission pursuant to subsection (b) of this section a special 3
465	470		master to complete the plan or plans. The Commission shall provide 4
466	471		the special master with its proposed and alternative plans and all 5
467	472		supporting data. 6
468	473		b. Within 150 days of receipt of data from the Census Bureau, the special 7
469	474		master shall prepare and release a plan and a rationale for any changes 8
470	475		from the plans released by the Commission. The special master shall 9
471	476		present the plan to the Commission. 10
472	477		c. Within 170 days of receipt of data from the Census Bureau, the 11
473	478		Commission shall hold at least 10 public hearings pursuant to 12
474	479		G.S. 120-4.80 on the plan or plans presented by the special master. 13
475	480		d. Within 180 days of receipt of data from the Census Bureau, the 14
476	481		Commission shall adopt as a final plan the plan presented by the 15
477	482		special master. 16
478	483		(7) Notwithstanding subdivisions (1) through (6) of this subsection, the 17
479	484		Commission may extend the maximum number of days between any event 18
480	485		required in this subsection by as many as seven days, up to a total of 40 days 19
481	486		over the course of a year, for good cause. 20
482	487		"§ 120-4.80. Public input. 21
483	488		(a) Public Hearings. – For each redistricting cycle, the Commission shall engage in a 22
484	489		minimum of 25 public hearings. At least one public hearing shall occur in each of the 23
485	490		metropolitan and micropolitan statistical areas of the State. Of the total public hearings, at least 24
486	491		10 hearings shall occur before a preliminary plan is released to the public, and at least 10 hearings 25
487	492		shall occur after a preliminary plan is released to the public but before a proposed or alternative 26
488	493		plan is released to the public. 27
489	494		(b) Public Input. – To the extent possible, the Commission shall facilitate the ability of 28
490	495		members of the public to provide substantive comments on any plan released to the public. To 29
491	496		achieve that goal, the Commission shall provide members of the public with all of the following: 30
492	497		(1) Sufficient time to review any plan released to the public. 31
493	498		(2) The opportunity to communicate comments, questions, and recommendations 32
494	499		on any plan released to the public, at a minimum, in person, online, and 33
495	500		through the mail. The Commission shall reserve time at the end of every 34
496	501		meeting for in-person and virtual public comment. 35
497	502		(3) Access to the same demographic data that is used by the Commission in a 36
498	503		machine-readable form. 37
499	504		(4) Access to mapping software and census data in a minimum of 30 public library 38
500	505		facilities in the State within 20 days of receipt of that data from the United 39
501	506		States Bureau of the Census. 40
502	507		(5) A public, written response to every substantive comment or recommendation 41
503	508		regarding a specific component of a plan released to the public. The response 42
504	509		shall address the viability of any recommendation and indicate whether it was 43
505	510		or will be incorporated in any other plan. A single response may be provided 44
506	511		for one or more comments or recommendations on the same topic. 45
507	512		(6) At the conclusion of the redistricting process, the Commission shall publish a 46
508	513		written evaluation of each final plan, including at least the following 47
509	514		information: 48
510	515		a. The impact of the plans on the ability of minority groups, including 49
511	516		racial minorities, to elect candidates of their choice. 50 General Assembly Of North Carolina Session 2025
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513	518		b. The degree to which the plans preserve or divide communities of 1
514	519		interest. 2
515	520		c. The rationale for changes in the plans from the prior districts. 3
516	521		d. The impact of the plans on the metropolitan and micropolitan 4
517	522		statistical areas of the State. 5
518	523		e. A summary of the public input received by the Commission on the 6
519	524		plans. 7
520	525		f. An explanation of how the plans comply with the redistricting criteria 8
521	526		provided in G.S. 120-4.70. 9
522	527		(7) A website with all of the following information: 10
523	528		a. Background information on the redistricting process available in at 11
524	529		least English and Spanish on the purpose of redistricting and its impact 12
525	530		on all communities. The Commission shall provide information in 13
526	531		other languages if at least 50,000 people petition the Commission to 14
527	532		have a particular language included. 15
528	533		b. Livestreams and recordings of all public meetings in audio, video, or 16
529	534		both formats and minutes from those meetings. 17
530	535		c. Meeting announcements. 18
531	536		d. A searchable database of feedback, including public comments, and 19
532	537		plans discussed by the Commission. This information shall be made 20
533	538		available as soon as practicable after it is generated. 21
534	539		e. Plans discussed by the Commission and the data used to create those 22
535	540		plans. 23
536	541		"§ 120-4.85. Local redistricting. 24
537	542		The General Assembly may by law assign to the Commission the duty to prepare district 25
538	543		plans for any county, city, town, special district, and other governmental subdivision, if the 26
539	544		governing board of the unit or a court of appropriate jurisdiction so requests." 27
540	545		SECTION 1.(h) Notwithstanding G.S. 120-4.55(e), as enacted by this act, for any 28
541	546		redistricting that may occur prior to the return of the 2030 federal census, the term of office for 29
542	547		members of the North Carolina Citizens Redistricting Commission shall begin on January 1, 30
543	548		2027, and conclude on June 30, 2030. 31
544	549		32
545	550		PART II. CONFORMING CHANGES 33
546	551		SECTION 2.(a) G.S. 120-2.3 reads as rewritten: 34
547	552		"§ 120-2.3. Contents of judgments invalidating apportionment or redistricting acts. 35
548	553		Every order or judgment declaring unconstitutional or otherwise invalid, in whole or in part 36
549	554		and for any reason, any act of the General Assembly plan that apportions or redistricts State 37
550	555		legislative or congressional districts shall find with specificity all facts supporting that 38
551	556		declaration, shall state separately and with specificity the court's conclusions of law on that 39
552	557		declaration, and shall, with specific reference to those findings of fact and conclusions of law, 40
553	558		identify every defect found by the court, both as to the plan as a whole and as to individual 41
554	559		districts." 42
555	560		SECTION 2.(b) G.S. 120-2.4 reads as rewritten: 43
556	561		"§ 120-2.4. Opportunity for General Assembly to remedy defects. 44
557	562		(a) If the General Assembly enacts a plan apportioning or redistricting State legislative 45
558	563		or congressional districts, districts becomes effective, in no event may a court impose its own 46
559	564		substitute plan unless the court first gives the General Assembly North Carolina Citizens 47
560	565		Redistricting Commission a period of time to remedy any defects identified by the court in its 48
561	566		findings of fact and conclusions of law. That period of time shall not be less than two weeks, 49
562	567		provided, however, that if the General Assembly is scheduled to convene legislative session 50 General Assembly Of North Carolina Session 2025
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564	569		within 45 days of the date of the court order that period of time shall not be less than two weeks 1
565	570		from the convening of that legislative session.weeks. 2
566	571		(a1) In the event the General Assembly North Carolina Citizens Redistricting Commission 3
567	572		does not act to remedy any identified defects to its plan within that period of time, the court may 4
568	573		impose an interim districting plan for use in the next general election only, but that interim 5
569	574		districting plan may differ from the previous districting plan enacted by the General Assembly 6
570	575		only to the extent necessary to remedy any defects identified by the court. 7
571	576		(b) Notwithstanding any other provision of law or authority of the State Board of 8
572	577		Elections under Chapter 163 of the General Statutes, the State Board of Elections shall have no 9
573	578		authority to alter, amend, correct, impose, or substitute any plan apportioning or redistricting 10
574	579		State legislative or congressional districts other than a plan imposed by a court under this section 11
575	580		or a plan enacted by the General Assembly.adopted by the North Carolina Citizens Redistricting 12
576	581		Commission." 13
577	582		14
578	583		PART III. EFFECTIVE DATE 15
579	584		SECTION 3.(a) If the constitutional amendments proposed by subsections (a), (b), 16
580	585		(c), and (d) of Section 1 of this act are approved by the qualified voters as provided in subsections 17
581	586		(e) and (f) of Section 1 of this act, the following shall become effective January 1, 2027: 18
582	587		(1) Subsections (g) and (h) of Section 1 of this act. 19
583	588		(2) Part II of this act. 20
584	589		SECTION 3.(b) Except as otherwise provided, this act is effective when it becomes 21
585	590		law. 22