| 12 | 13 | | A BILL TO BE ENTITLED 1 |
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| 13 | 14 | | AN ACT TO REQUIRE A SPECIAL ELECTION WHEN AN ELECTED OR APPOINTED 2 |
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| 14 | 15 | | MEMBER OF THE GENERAL ASSEMBLY CHANGES PARTY AFFILIATION 3 |
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| 15 | 16 | | DURING THE MEMBER 'S TERM IN OFFICE WITH MORE THAN SIX MONTHS OF 4 |
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| 16 | 17 | | THE TERM REMAINING AND TO REQUIRE THE RETURN OF CAMPAIGN 5 |
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| 17 | 18 | | CONTRIBUTIONS UPON THE REQUEST OF THE CONTRIBUTOR . 6 |
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| 18 | 19 | | Whereas, nothing is more important to the functioning of an open and free democracy 7 |
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| 19 | 20 | | than voter confidence in elections; and 8 |
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| 20 | 21 | | Whereas, members of the General Assembly are duty-bound to faithfully pursue the 9 |
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| 21 | 22 | | interests and issues for which they were elected; and 10 |
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| 22 | 23 | | Whereas, political party affiliation switches by seated legislators may have profound 11 |
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| 23 | 24 | | consequences for those legislators' constituents and all residents of North Carolina; and 12 |
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| 24 | 25 | | Whereas, both major parties have had members switch political party affiliation; and 13 |
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| 25 | 26 | | Whereas, 25,986 votes were cast in the 2022 general election for or against a North 14 |
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| 26 | 27 | | Carolina legislator who chose to switch political party affiliation less than six months after being 15 |
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| 27 | 28 | | sworn into office; Now, therefore, 16 |
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| 28 | 29 | | The General Assembly of North Carolina enacts: 17 |
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| 29 | 30 | | SECTION 1. Article 2 of Chapter 163 of the General Statutes is amended by adding 18 |
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| 30 | 31 | | a new section to read: 19 |
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| 31 | 32 | | "§ 163-3.5. Special election; change in party affiliation. 20 |
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| 32 | 33 | | Notwithstanding any provision of law to the contrary, if an elected or appointed member of 21 |
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| 33 | 34 | | the General Assembly changes party affiliation during the member's term of office with more 22 |
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| 34 | 35 | | than six months remaining on the member's term, that member's office shall be deemed vacated 23 |
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| 35 | 36 | | and the vacancy shall automatically trigger a special election which shall be held within 90 days 24 |
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| 36 | 37 | | from the date the member changed party affiliation. The State Board of Elections shall develop 25 |
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| 37 | 38 | | the guidelines and procedures to be used in conducting the special election required by this 26 |
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| 38 | 39 | | section, including reimbursement to the county board of elections for the actual cost involved in 27 |
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| 39 | 40 | | administering the special election." 28 |
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| 40 | 41 | | SECTION 2. Article 22A of Chapter 163 of the General Statutes is amended by 29 |
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| 41 | 42 | | adding a new section to read: 30 |
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| 42 | 43 | | "§ 163-278.16C. Request to return contribution; change in party affiliation. 31 |
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| 43 | 44 | | Notwithstanding any provision of law to the contrary, any elected or appointed member of 32 |
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| 44 | 45 | | the General Assembly who changes party affiliation as described in G.S. 163-3.5 shall return any 33 |
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| 45 | 46 | | contributions made to the member's or candidate's campaign committee, as defined in 34 |
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| 46 | 47 | | G.S. 163-278.38Z, during the most recent election cycle upon the request of the contributor. A 35 |
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