GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S D
SENATE BILL DRS35238-MCe-108
Short Title: Voter Fraud Prevention Act. (Public)
Sponsors: Senators Garrett, Batch, and Salvador (Primary Sponsors).
Referred to:
*DRS35238 -MCe-108*
A BILL TO BE ENTITLED 1
AN ACT TO REQUIRE A SPECIAL ELECTION WHEN AN ELECTED OR APPOINTED 2
MEMBER OF THE GENERAL ASSEMBLY CHANGES PARTY AFFILIATION 3
DURING THE MEMBER 'S TERM IN OFFICE WITH MORE THAN SIX MONTHS OF 4
THE TERM REMAINING AND TO REQUIRE THE RETURN OF CAMPAIGN 5
CONTRIBUTIONS UPON THE REQUEST OF THE CONTRIBUTOR . 6
Whereas, nothing is more important to the functioning of an open and free democracy 7
than voter confidence in elections; and 8
Whereas, members of the General Assembly are duty-bound to faithfully pursue the 9
interests and issues for which they were elected; and 10
Whereas, political party affiliation switches by seated legislators may have profound 11
consequences for those legislators' constituents and all residents of North Carolina; and 12
Whereas, both major parties have had members switch political party affiliation; and 13
Whereas, 25,986 votes were cast in the 2022 general election for or against a North 14
Carolina legislator who chose to switch political party affiliation less than six months after being 15
sworn into office; Now, therefore, 16
The General Assembly of North Carolina enacts: 17
SECTION 1. Article 2 of Chapter 163 of the General Statutes is amended by adding 18
a new section to read: 19
"§ 163-3.5. Special election; change in party affiliation. 20
Notwithstanding any provision of law to the contrary, if an elected or appointed member of 21
the General Assembly changes party affiliation during the member's term of office with more 22
than six months remaining on the member's term, that member's office shall be deemed vacated 23
and the vacancy shall automatically trigger a special election which shall be held within 90 days 24
from the date the member changed party affiliation. The State Board of Elections shall develop 25
the guidelines and procedures to be used in conducting the special election required by this 26
section, including reimbursement to the county board of elections for the actual cost involved in 27
administering the special election." 28
SECTION 2. Article 22A of Chapter 163 of the General Statutes is amended by 29
adding a new section to read: 30
"§ 163-278.16C. Request to return contribution; change in party affiliation. 31
Notwithstanding any provision of law to the contrary, any elected or appointed member of 32
the General Assembly who changes party affiliation as described in G.S. 163-3.5 shall return any 33
contributions made to the member's or candidate's campaign committee, as defined in 34
G.S. 163-278.38Z, during the most recent election cycle upon the request of the contributor. A 35
contribution refund under this section shall be made within 30 days from the date of the request." 36
FILED SENATE
Mar 25, 2025
S.B. 652
PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
Page 2 DRS35238-MCe-108
SECTION 3. This act is effective when it becomes law. 1