North Carolina 2019-2020 Session Status: In Committee Bipartisan · 15 D · 1 I cosponsors

HB 510 — Reenact Nonpartisan Judicial Elections/Fund.

Last action — Passed 1st Reading

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1072 added · 1072 removed

Plain-language change summary

The latest version of House Bill 510 has been updated to clarify the process for candidates to announce their intent to run for election. Specifically, it maintains the requirement for candidates to file a notice of candidacy with the State Board, but it provides a more standard format for this notice. These changes are important because they aim to streamline the process for candidates and ensure that voters understand how candidates will be selected during elections.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 1 HOUSE BILL 510 Short Title:
510 Mar 27, 2019 SESSION 2019 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH10281-LUx-25 Short Title:
Representative John.
Representatives John and Morey (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT TO REENACT NONPARTISAN JUDICIAL ELECTIONS, MAKE CONFORMING STATUTORY CHANGES RELATING TO REENACTMENT OF NONPARTISAN JUDICIAL ELECTIONS, AND REESTABLISH PUBLIC FINANCING FOR JUDICIAL CAMPAIGNS.
Rules, Calendar, and Operations of the House April 1, 2019 A BILL TO BE ENTITLED AN ACT TO REENACT NONPARTISAN JUDICIAL ELECTIONS, MAKE CONFORMING STATUTORY CHANGES RELATING TO REENACTMENT OF NONPARTISAN JUDICIAL ELECTIONS, AND REESTABLISH PUBLIC FINANCING FOR JUDICIAL CAMPAIGNS.
– In the election, the names of those candidates declared nominated without a primary and those candidates nominated in the primary shall be placed on the ballot.
– In the election, the names of those candidates declared nominated without a primary and those candidates nominated in the primary shall be *H510-v-1* General Assembly Of North Carolina Session 2019 placed on the ballot.
The candidate for a single office receiving the highest number of votes shall *DRH10281-LUx-25* General Assembly Of North Carolina Session 2019 be elected.
The candidate for a single office receiving the highest number of votes shall be elected.
During the period commencing 36 hours immediately preceding the filing deadline, the State Board shall accept, on a conditional Page 2 DRH10281-LUx-25 General Assembly Of North Carolina Session 2019 basis, the notice of candidacy of a candidate who has failed to secure the verification required by this subsection subject to receipt of verification no later than three days following the filing deadline.
During the period commencing 36 Page 2 House Bill 510-First Edition General Assembly Of North Carolina Session 2019 hours immediately preceding the filing deadline, the State Board shall accept, on a conditional basis, the notice of candidacy of a candidate who has failed to secure the verification required by this subsection subject to receipt of verification no later than three days following the filing deadline.
(b) Requirements of Petition;
House Bill 510-First Edition Page 3 General Assembly Of North Carolina Session 2019 (b) Requirements of Petition;
– If the candidate is seeking the office of justice of the Supreme Court, judge of the Court of Appeals, or superior or district court judge, DRH10281-LUx-25 Page 3 General Assembly Of North Carolina Session 2019 that individual shall file a written petition with the State Board no later than 12:00 noon on Monday preceding the filing deadline before the primary.
– If the candidate is seeking the office of justice of the Supreme Court, judge of the Court of Appeals, or superior or district court judge, that individual shall file a written petition with the State Board no later than 12:00 noon on Monday preceding the filing deadline before the primary.
(3) The general election ballot shall contain, without designation as to vacancy, spaces for the election to fill the vacancy where nominations were made or candidatesfiledundersubdivision(1)or(2)ofthissection.Exceptasprovided in G.S.
(3) The general election ballot shall contain, without designation as to vacancy, spaces for the election to fill the vacancy where nominations were made or candidatesfiledundersubdivision(1)or(2)ofthissection.
Exceptasprovided in G.S.
(a) Insufficient Number of Candidates.
Page 4 House Bill 510-First Edition General Assembly Of North Carolina Session 2019 (a) Insufficient Number of Candidates.
Page 4 DRH10281-LUx-25 General Assembly Of North Carolina Session 2019 (b) Death or Disqualification of Candidate Before Primary.
(b) Death or Disqualification of Candidate Before Primary.
163A-717, the election to fill the office for the remainder of the term shall be conducted without a primary using the method provided in subsection (b) of this section.
163A-717, the election to fill the office for the remainder of the term shall be House Bill 510-First Edition Page 5 General Assembly Of North Carolina Session 2019 conducted without a primary using the method provided in subsection (b) of this section.
If a vacancy is created in the office of justice of the Supreme Court, judge of the Court of Appeals, or judge of superior court before the filing period for the primary opens, and under the DRH10281-LUx-25 Page 5 General Assembly Of North Carolina Session 2019 Constitution of North Carolina an election is to be held for that position, such that the office shall be filled in the general election as provided in G.S.
If a vacancy is created in the office of justice of the Supreme Court, judge of the Court of Appeals, or judge of superior court before the filing period for the primary opens, and under the Constitution of North Carolina an election is to be held for that position, such that the office shall be filled in the general election as provided in G.S.
In printing ballots, the countyboard of elections shall be governed byinstructions of the State Board with regard to width, color, kind of paper, form, and size of type.
Page 6 House Bill 510-First Edition General Assembly Of North Carolina Session 2019 In printing ballots, the countyboard of elections shall be governed byinstructions of the State Board with regard to width, color, kind of paper, form, and size of type.
Three days before the election, the chairman of the county board of elections shall distribute official ballots to the chief judge of each precinct in the chairman's county, and the chief judge Page 6 DRH10281-LUx-25 General Assembly Of North Carolina Session 2019 shall give a receipt for the ballots received.
Three days before the election, the chairman of the county board of elections shall distribute official ballots to the chief judge of each precinct in the chairman's county, and the chief judge shall give a receipt for the ballots received.
163A-987, or has otherwise formally become a candidate for elective office.
163A-987, or has otherwise formally become a candidate for elective House Bill 510-First Edition Page 7 General Assembly Of North Carolina Session 2019 office.
The exception of this subdivision does not extend to an individual who meets the definition of "candidate" only by beginning a tentative candidacy by receiving funds or making payments or giving consent to someone else to DRH10281-LUx-25 Page 7 General Assembly Of North Carolina Session 2019 receive funds or transfer something of value for the purpose of exploring a candidacy.
The exception of this subdivision does not extend to an individual who meets the definition of "candidate" only by beginning a tentative candidacy by receiving funds or making payments or giving consent to someone else to receive funds or transfer something of value for the purpose of exploring a candidacy.
"(a) Candidates seekingpartyprimarynominations forthe followingoffices shall filetheir notice of candidacy with the State Board no earlier than 12:00 noon on the first Monday in December and no later than 12:00 noon on the third Friday in December preceding the primary:
"(a) Candidates seekingpartyprimarynominations forthefollowingoffices shall filetheir notice of candidacy with the State Board no earlier than 12:00 noon on the first Monday in December and no later than 12:00 noon on the third Friday in December preceding the primary:
(b) When any candidate files a notice of candidacy with a board of elections under G.S.
Page 8 House Bill 510-First Edition General Assembly Of North Carolina Session 2019 (b) When any candidate files a notice of candidacy with a board of elections under G.S.
163A-1615(2), the board of elections shall, immediately upon receipt of the notice of candidacy, inspect the registration records of the county, and cancel the Page 8 DRH10281-LUx-25 General Assembly Of North Carolina Session 2019 notice of candidacyof anyperson who does not meet the constitutional or statutoryqualifications for the office, including residency.
163A-1615(2), the board of elections shall, immediately upon receipt of the notice of candidacy, inspect the registration records of the county, and cancel the notice of candidacyof anyperson who does not meet the constitutional or statutoryqualifications for the office, including residency.
"§ 163A-980.
House Bill 510-First Edition Page 9 General Assembly Of North Carolina Session 2019 "§ 163A-980.
(a) Any qualified voter who seeks nomination in the party primary of the political party with which he the qualified voter affiliates may, in lieu of payment of any filing fee required for DRH10281-LUx-25 Page 9 General Assembly Of North Carolina Session 2019 the office he seeks, sought, file a written petition requesting him to be a candidate for a specified office with the appropriate board of elections, State, county or municipal.
(a) Any qualified voter who seeks nomination in the party primary of the political party with which he the qualified voter affiliates may, in lieu of payment of any filing fee required for the office he seeks, sought, file a written petition requesting him to be a candidate for a specified office with the appropriate board of elections, State, county or municipal.
(b) If the candidate is seeking the office of United States Senator, Governor, Lieutenant Governor, or any State executive officer, Justice of the Supreme Court, or Judge of the Court of Appeals, officer, 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.
(b) If the candidate is seeking the office of United States Senator, Governor, Lieutenant Governor, or any State executive officer, Justice of the Supreme Court, or Judge of the Court of Appeals, officer, 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 byG.S.
– (1) Acandidatewhois apparentlyentitledto demanda 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 with the Executive Director of the State Board no later than 12:00 noon on the ninth day (including Saturdays and Sundays) following the date on which the primary Page 10 DRH10281-LUx-25 General Assembly Of North Carolina Session 2019 was conducted, and such request shall be subject to the certification of the official results by the State Board.
– (1) Acandidatewhois apparentlyentitledto demanda second primary, according to the unofficial results, for one of the offices listed below, and desiring to do Page 10 House Bill 510-First Edition General Assembly Of North Carolina Session 2019 so, shall file a request for a second primary in writing with the Executive Director of the State Board no later than 12:00 noon on the ninth 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.
Appropriate district executive committee of Member of the United States House political party in which vacancy occurs of Representatives Judge of district court District Attorney State Senator in a multi-county senatorial district Member of State House of Representatives in a multi-county representative district State Senator in a single- county County executive committee of political senatorial district party in which vacancy occurs, Member of State House of provided, in the case of the State Representatives in a single-county Senator or State Representative in a representative district single-county district where not all the Any elective county office county is located in that district, then in DRH10281-LUx-25 Page 11 General Assembly Of North Carolina Session 2019 voting, only those members of the county executive committee who reside within the district shall vote 5 Judge of superior court in a County executive committee of political single-county judicial party in which vacancy occurs;
Appropriate district executive committee of Member of the United States House political party in which vacancy occurs of Representatives Judge of district court District Attorney State Senator in a multi-county senatorial district Member of State House of Representatives in a multi-county representative district State Senator in a single- county County executive committee of political senatorial district party in which vacancy occurs, Member of State House of provided, in the case of the State House Bill 510-First Edition Page 11 General Assembly Of North Carolina Session 2019 Representatives in a single-county Senator or State Representative in a representative district single-county district where not all the Any elective county office county is located in that district, then in voting, only those members of the county executive committee who reside within the district shall vote 8 Judge of superior court in a County executive committee of political single-county judicial party in which vacancy occurs;
No title, appendage, or appellation indicating rank, status, or position shall be printed on the official ballot in connection with the candidate's name.
No title, appendage, or appellation Page 12 House Bill 510-First Edition General Assembly Of North Carolina Session 2019 indicating rank, status, or position shall be printed on the official ballot in connection with the candidate's name.
Nicknames shall be permitted on an official ballot if Page 12 DRH10281-LUx-25 General Assembly Of North Carolina Session 2019 used in the notice of candidacy or qualifying petition, but the nickname shall appear according to standards adopted by the State Board.
Nicknames shall be permitted on an official ballot if used in the notice of candidacy or qualifying petition, but the nickname shall appear according to standards adopted by the State Board.
(5) Contribution.
House Bill 510-First Edition Page 13 General Assembly Of North Carolina Session 2019 (5) Contribution.
A distribution from the Fund pursuant to this Article is not a "contribution" and is not subject to the DRH10281-LUx-25 Page 13 General Assembly Of North Carolina Session 2019 limitations of G.S.
A distribution from the Fund pursuant to this Article is not a "contribution" and is not subject to the limitations of G.S.
(1) Designations made to the Public Campaign Fund by individual taxpayers pursuant to G.S.
Page 14 House Bill 510-First Edition General Assembly Of North Carolina Session 2019 (1) Designations made to the Public Campaign Fund by individual taxpayers pursuant to G.S.
Page 14 DRH10281-LUx-25 General Assembly Of North Carolina Session 2019 (2) Public Campaign Fund revenues distributed for an election that remain unspent or uncommitted at the time the recipient is no longer a certified candidate in the election.
(2) Public Campaign Fund revenues distributed for an election that remain unspent or uncommitted at the time the recipient is no longer a certified candidate in the election.
(1) Beginning January 1 of the year before the election and before the filing of a declaration of intent, a candidate for office may accept in contributions up to DRH10281-LUx-25 Page 15 General Assembly Of North Carolina Session 2019 ten thousand dollars ($10,000) from sources and in amounts permitted by Article 23 of this Chapter and may expend up to ten thousand dollars ($10,000) for any campaign purpose.
House Bill 510-First Edition Page 15 General Assembly Of North Carolina Session 2019 (1) Beginning January 1 of the year before the election and before the filing of a declaration of intent, a candidate for office may accept in contributions up to ten thousand dollars ($10,000) from sources and in amounts permitted by Article 23 of this Chapter and may expend up to ten thousand dollars ($10,000) for any campaign purpose.
(4) During the qualifyingperiod, the candidate maycontribute up to one thousand dollars($1,000)ofthatcandidate's ownmoneyto thecampaign.
(4) During the qualifyingperiod, the candidate maycontribute up to one thousand dollars($1,000)ofthatcandidate's ownmoneyto thecampaign.Debt incurred bythe candidate for a campaign expenditure shall count toward that limit.
Debt incurred bythe candidate for a campaign expenditure shall count toward that limit.
The candidate may accept in contributions one thousand dollars ($1,000) from each member of that candidate's family consisting of spouse, parent, child, brother,and sister.Upto fivehundreddollars ($500.00)ofacontribution from the candidate's family member may be treated as a qualifying contribution if it meets the requirements of G.S.
The candidate may accept in contributions one thousand dollars ($1,000) from each member of that candidate's family consisting of spouse, parent, child, brother, and sister.Upto fivehundreddollars($500.00)ofacontribution from the candidate's family member may be treated as a qualifying contribution if it meets the requirements of G.S.
(e) Revocation.
Page 16 House Bill 510-First Edition General Assembly Of North Carolina Session 2019 (e) Revocation.
– A candidate may revoke, in writing to the Board, a decision to participate in the Public Campaign Fund at any time before the deadline set by the Board for the Page 16 DRH10281-LUx-25 General Assembly Of North Carolina Session 2019 candidate's submission of information for the Voter Guide described in G.S.
– A candidate may revoke, in writing to the Board, a decision to participate in the Public Campaign Fund at any time before the deadline set by the Board for the candidate's submission of information for the Voter Guide described in G.S.
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"§ 163A-1520.7.
House Bill 510-First Edition Page 17 General Assembly Of North Carolina Session 2019 "§ 163A-1520.7.
DRH10281-LUx-25 Page 17 General Assembly Of North Carolina Session 2019 (a) Reporting by Noncertified Candidates and Other Entities.
(a) Reporting by Noncertified Candidates and Other Entities.
163A-1520.2(19),theBoardshall issueimmediatelyto that certified candidateanadditional amountequaltothereportedexcesswithinthelimitssetforthinthissection."Fundsinopposition to a certified candidate or in support of an opponent to that candidate" shall be equal to the sum of subdivisions (1) and (2) as follows:
163A-1520.2(19), theBoardshall issueimmediatelyto that certified candidateanadditional amountequaltothereportedexcesswithinthelimitssetforthinthissection."Fundsinopposition to a certified candidate or in support of an opponent to that candidate" shall be equal to the sum of subdivisions (1) and (2) as follows:
Matching funds are available to a certified candidate with an opponent in the primary or to a certified candidate who is clearly referred to in expenditures reportable under G.S.
Matching funds are available to a certified candidate with an opponent in the primary or to a certified candidate who is clearly Page 18 House Bill 510-First Edition General Assembly Of North Carolina Session 2019 referred to in expenditures reportable under G.S.
Page 18 DRH10281-LUx-25 General Assembly Of North Carolina Session 2019 (c) Limit on Matching Funds in Contested General Election.
(c) Limit on Matching Funds in Contested General Election.
The candidate shall return to the Board as soon as practicable anyamount of the matching funds that the candidate has not spent at the date of the election or at the time the individual ceases to be a certified candidate, whichever occurs first.
The candidate shall return to the Board as soon as practicable any amount of the matching funds that the candidate has not spent at the date of the election or at the time the individual ceases to be a certified candidate, whichever occurs first.
In determining whether or not a candidate is in violation of this Article, the Board may consider as a mitigating factor any circumstances out of the candidate's control." DRH10281-LUx-25 Page 19 General Assembly Of North Carolina Session 2019 SECTION 3.3.
In determining House Bill 510-First Edition Page 19 General Assembly Of North Carolina Session 2019 whether or not a candidate is in violation of this Article, the Board may consider as a mitigating factor any circumstances out of the candidate's control." SECTION 3.3.
The membership fee shall be regarded as a service charge for the maintenance of the several services authorized by this Article, and shall be in addition to all fees required in connection with admissions to practice, and in addition to all license taxes required by law.
The membership fee shall be regarded as a service charge for the maintenance of the several services Page 20 House Bill 510-First Edition General Assembly Of North Carolina Session 2019 authorized by this Article, and shall be in addition to all fees required in connection with admissions to practice, and in addition to all license taxes required by law.
The fee shall not be Page 20 DRH10281-LUx-25 General Assembly Of North Carolina Session 2019 prorated:
The fee shall not be prorated:
Thelist submittedto several clerksofthesuperior courtshall also be submittedto theCouncil at its October meeting of each year and it shall take the action thereon that is necessary and proper." SECTION 3.5.
Thelist submitted to several clerksofthesuperior courtshall also be submittedto theCouncil at its October meeting of each year and it shall take the action thereon that is necessary and proper." SECTION 3.5.
This section applies to Articles and [Article] 24 and 26 of the General Statutes this Chapter to the same extent that it applies to this Article." SECTION 3.7.
This section applies to Articles and [Article] 24 and 26 of the General Statutes this Chapter to the same extent that it applies to this Article." House Bill 510-First Edition Page 21 General Assembly Of North Carolina Session 2019 SECTION 3.7.
DRH10281-LUx-25 Page 21 General Assembly Of North Carolina Session 2019 "(k) InordertomakemeaningfultheprovisionsofArticle24ofthisChapter,thefollowing provisions shall apply with respect to candidates for justice of the Supreme Court and judge of the Court of Appeals:
"(k) InordertomakemeaningfultheprovisionsofArticle24ofthisChapter,thefollowing provisions shall apply with respect to candidates for justice of the Supreme Court and judge of the Court of Appeals:
Page 22 DRH10281-LUx-25
Page 22 House Bill 510-First Edition
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Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules, Calendar, and Operations of the House

  3. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 27 co-sponsors · 151 not signed on

Sponsors (1)

Co-sponsors (27)

Not signed on (151)

151 members have not signed on to this bill.

Show all 151 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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Frequently asked questions

Who sponsors HB 510?
HB 510 is sponsored by Marcia Morey (Democratic), Adcock, Autry, Cynthia Ball (Democratic), Beasley, Mary Belk (Democratic), Black, Deb Butler (Democratic), Clemmons, Everitt, Fisher, Harris, Pricey Harrison (Democratic), Holley, Insko, Lucas, Garland E. Pierce (Democratic), Amos L. Quick, III (Democratic), Robert T. Reives, II (Democratic), Russell, Nasif Majeed (U), Carolyn G. Logan (Democratic), Brandon Lofton (Democratic), Zack Hawkins (Democratic), Allison A. Dahle (Democratic), Cecil Brockman (Democratic), Eric Ager (Democratic), and Joe John (Democratic).
What is the current status of HB 510?
This bill died with 2019-2020 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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