North Carolina 2021-2022 Session Status: In Committee Bipartisan · 18 D · 1 I cosponsors

HB 892 — Reenact Nonpartisan Judicial Elections/Fund.

Last action — Passed 1st Reading

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    Introduced
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    In Committee
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    Passed House
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    Passed Senate
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    To Executive
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    Enacted

This bill died with 2021-2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

84 added · 83 removed

Plain-language change summary

In the revised version of House Bill 892, some repetitive language was streamlined, and certain specifications about the election and candidacy process were clarified. For instance, the details regarding how candidates submit their names and what happens if a vacancy occurs for judges were simplified for better understanding. These changes make the bill easier to follow and ensure that the rules are clearly defined, which can help prevent confusion during elections and streamline the election process for candidates. These improvements matter because they enhance the efficiency of electoral procedures and promote clarity for those involved.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 1 HOUSE BILL 892 Short Title:
892 May 4, 2021 SESSION 2021 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH40541-LUxf-41 Short Title:
Representative John.
Representatives John, Morey, and A.
Jones (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 May 6, 2021 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.
*DRH40541-LUxf-41* General Assembly Of North Carolina Session 2021 (c) Determination of Election Winners.
*H892-v-1* General Assembly Of North Carolina Session 2021 (c) Determination of Election Winners.
The candidate shall also includewith the affidavit thewaythecandidate's name(as permitted by law)shouldbe listed on the ballot if another candidate with the same last name files a notice of candidacy for that office.
The candidate shall also includewith the affidavit thewaythecandidate's name(as permittedbylaw)shouldbe listed on the ballot if another candidate with the same last name files a notice of candidacy for that office.
– Candidates shall file, along with their notice, a certificate signed by the chairman of the board of elections or the supervisor of elections of the county in which they are registered to vote, stating that the person is registered Page 2 DRH40541-LUxf-41 General Assembly Of North Carolina Session 2021 to vote in that county.
– Candidates shall file, along with their notice, a certificate signed by the chairman of the board of elections or the supervisor of elections of the county in which they are registered to vote, stating that the person is registered Page 2 House Bill 892-First Edition General Assembly Of North Carolina Session 2021 to vote in that county.
The State Board shall prescribe the form for the certificate and distribute it to each county board of elections no later than the last Monday in December of each odd-numbered year.
The State Board shall prescribe the form for the certificate and distribute it to each county board of elections no later than the last Mondayin December of each odd-numbered year.
163-106.2, for any one election.
163-106.2, for anyone election.
If a person has filed a notice of candidacy with a board of elections under this section or under G.S.
If a person has filed a notice of candidacywith a board of elections under this section or under G.S.
Votes cast for a candidate shall be effective onlyforelectiontothevacancy forwhichthecandidatehasgivennoticeofcandidacy asprovided in this subsection.
Votes cast for a candidate shall be effective onlyforelectiontothevacancyforwhichthecandidatehas givennoticeofcandidacyasprovided in this subsection.
– At the time of filing a notice of candidacy under this Article, each candidate shall pay to the State Board a filing fee for the office the candidate seeks in the amount of one percent (1%) of the annual salary of the office sought.
– At the time of filing a notice of candidacy under this Article, each candidate shall payto the State Board a filing fee for the office the candidate seeks in the amount of one percent (1%) of the annual salary of the office sought.
– If any person who has filed a notice of candidacy and paid the filing fee prescribed in subsection (a) of this section withdraws his or her notice of candidacy within the period prescribed in G.S.
– If anyperson who has filed a notice of candidacyand paid the filing fee prescribed in subsection (a) of this section withdraws his or her notice of candidacy within the period prescribed in G.S.
DRH40541-LUxf-41 Page 3 General Assembly Of North Carolina Session 2021 (a) General.
House Bill 892-First Edition Page 3 General Assembly Of North Carolina Session 2021 (a) General.
If the office is justice of the Supreme Court or judge of the Court of Appeals, the petition shall be signed by 8,000 registered voters in theState.Iftheofficeissuperiorordistrictcourtjudge,thepetitionshallbesignedbyfivepercent (5%) of the registered voters of the election area in which those registered voters will vote for that office.
If the office is justice of the Supreme Court or judge of the Court of Appeals, the petition shall be signed by 8,000 registered voters in theState.
Iftheofficeissuperiorordistrictcourtjudge,thepetitionshallbesignedbyfivepercent (5%) of the registered voters of the election area in which those registered voters will vote for that office.
(a) Names of Candidates Sent to Secretary of State.
(a) Names of Candidates Sent to Secretaryof State.
Ifavacancy occursin ajudicial district foranyoffices ofsuperiorcourtjudge,andonaccount of the occurrence of the vacancy there is to be an election for one or more terms in that district to fill the vacancy or vacancies, at that same election in accordance with G.S.
If avacancyoccursin ajudicial district foranyoffices ofsuperiorcourtjudge,andonaccount of the occurrence of the vacancy there is to be an election for one or more terms in that district to fill the vacancy or vacancies, at that same election in accordance with 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.
(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.
Page 4 DRH40541-LUxf-41 General Assembly Of North Carolina Session 2021 "§ 163-357.
Page 4 House Bill 892-First Edition General Assembly Of North Carolina Session 2021 "§ 163-357.
If that candidate receives enough votesfornomination, such votesshall bedisregardedand the candidatereceiving thenext highest number of votes below the number necessary for nomination shall be declared nominated.
If that candidate receives enough votesfornomination, such votesshall bedisregardedandthe candidatereceivingthenext highest number of votes below the number necessary for nomination shall be declared nominated.
IftheStateBoarddetermines that therewill besufficienttimeto reprint theballots, it shall reopen the filing period for three days to allow other candidates to file for election, and that election shall be conducted as provided in G.S.
If theStateBoarddetermines that therewill besufficienttimeto reprint theballots, it shall reopen the filing period for three days to allow other candidates to file for election, and that election shall be conducted as provided in G.S.
That candidate's name shall remain on the ballot, any votes cast for the candidacy shall be counted in primary or election, and if the candidate wins, the candidate may fail to qualify by refusing to take the oath of office.
That candidate's name shall remain on the ballot, any votes cast for the candidacyshall be counted in primaryor election, and if the candidate wins, the candidate may fail to qualify by refusing to take the oath of office.
– 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 after the filing period for the primary opens but more than 60 days before the general election, and under the Constitution of North Carolina DRH40541-LUxf-41 Page 5 General Assembly Of North Carolina Session 2021 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 after the filing period for the primary opens but more than 60 days before the general election, and under the Constitution of North Carolina House Bill 892-First Edition Page 5 General Assembly Of North Carolina Session 2021 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 for the office of justice of the Supreme Court, judge of the Court of Appeals, or judge of superior court occurs more than 60 days before thegeneral election and aftertheopening ofthe filing periodfortheprimary, thentheStateBoard shall designate a special filing period of one week for candidates for the office.
– If a vacancy for the office of justice of the Supreme Court, judge of the Court of Appeals, or judge of superior court occurs more than 60 days before thegeneral election and aftertheopeningofthe filingperiodfortheprimary, thentheStateBoard shall designate a special filing period of one week for candidates for the office.
Only thosewhohavefiled therequirednoticeofcandidacywith theproperboardofelections, and who have paid the required filing fee or qualified by petition, shall have their names printed on the official primary ballots.
Onlythosewhohavefiled therequirednoticeofcandidacywith theproperboardofelections, and who have paid the required filing fee or qualified by petition, shall have their names printed on the official primary ballots.
Page 6 DRH40541-LUxf-41 General Assembly Of North Carolina Session 2021 District court judge.
Page 6 House Bill 892-First Edition General Assembly Of North Carolina Session 2021 District court judge.
In printing ballots, the county board of elections shall be governed by instructions of the State Board with regard to width, color, kind of paper, form, and size of type.
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.
"(b) On Tuesday next after the first Monday in March preceding each general election to be held in November for the officers referred to in subsection (a) of this section, there shall be held in all election precincts within the territory for which the officers are to be elected a primary election for the purpose of nominating candidates for each political party in the State for those offices.offices and nonpartisan candidates as to the offices elected under the provisions of Article 26 of this Chapter." SECTION 2.3.
"(b) On Tuesday next after the first Monday in March preceding each general election to be held in November for the officers referred to in subsection (a) of this section, there shall be held in all election precincts within the territoryfor which the officers are to be elected a primary election for the purpose of nominating candidates for each political party in the State for those offices.offices and nonpartisan candidates as to the offices elected under the provisions of Article 26 of this Chapter." SECTION 2.3.
163-106, 163-112, 163-291, or 163-294.2, or 163-352, is certified to the State Board of Elections by a political party executive committee to fill a nomination vacancy pursuant to G.S.
163-106, 163-112, 163-291, or 163-294.2, or 163-352, is certified to the State Board of Elections bya political partyexecutive committee to fill a nomination vacancypursuant to G.S.
163-114, is certified to the State Board of Elections by a new political party as that party's nominee pursuant to G.S.
163-114, is certified to the State Board of Elections bya new political partyas that party's nominee pursuant to G.S.
163-98, qualifies with the State Board of Elections as an unaffiliated or write-in candidate pursuant to Article 11 of this Chapter, or formally initiates a candidacy with the State Board of Elections pursuant to any statute or local act, the State Board of Elections shall notify the candidate of the provisions concerning campaign signs in G.S.
163-98, qualifies with the State Board of Elections as an unaffiliated or write-in candidate pursuant to Article 11 of this Chapter, or formallyinitiates a candidacywith the State Board of Elections pursuant to anystatute or local act, the State Board of Elections shall notify the candidate of the provisions concerning campaign signs in G.S.
The exception of this DRH40541-LUxf-41 Page 7 General Assembly Of North Carolina Session 2021 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.
The exception of this House Bill 892-First Edition Page 7 General Assembly Of North Carolina Session 2021 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 seeking party primarynominations forthefollowing offices 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:
During the period commencing 36 hours immediately preceding the filing deadline the State Board of Elections shall accept, on a conditional basis, the notice of candidacy of a candidatewhohas failed to securetheverificationordered herein subject to receipt ofverification no laterthan threedays following thefiling deadline.The StateBoard ofElections shall prescribe the form for such certificate, and distribute it to each county board of elections no later than the last Monday in December of each odd-numbered year.
During the period commencing 36 hours immediately preceding the filing deadline the State Board of Elections shall accept, on a conditional basis, the notice of candidacy of a candidatewhohas failed to securetheverificationordered herein subject to receipt ofverification no laterthan threedays followingthe filingdeadline.The State Board ofElections shall prescribe the form for such certificate, and distribute it to each county board of elections no later than the last Monday in December of each odd-numbered year.
Page 8 DRH40541-LUxf-41 General Assembly Of North Carolina Session 2021 (b) When any candidate files a notice of candidacy with a board of elections under G.S.
Page 8 House Bill 892-First Edition General Assembly Of North Carolina Session 2021 (b) When any candidate files a notice of candidacy with a board of elections under G.S.
If the candidate requests a hearing, the hearing shall be conducted in accordance with Article 11B ofthis Chapter.
If the candidate requests a hearing, the hearingshall be conducted in accordance with Article 11B of this Chapter.
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163-106, 163-106.1, 163-106.2, 163-106.3, 163-106.4,163-106.5, and 163-106.6,a filing feefortheoffice sought in the amount specified in the following tabulation:
163-106, 163-106.1, 163-106.2, 163-106.3, 163-106.4,163-106.5,and163-106.6,a filingfeefortheoffice sought in the amount specified in the following tabulation:
If no starting salary can be determined for the office, then the salary used for calculation is the salary of the incumbent, as of January 1 of the election year." DRH40541-LUxf-41 Page 9 General Assembly Of North Carolina Session 2021 SECTION 2.9.
If no starting salary can be determined for the office, then the salary used for calculation is the salary of the incumbent, as of January 1 of the election year." House Bill 892-First Edition Page 9 General Assembly Of North Carolina Session 2021 SECTION 2.9.
163-106.2 but which is not listed in subsection (b) of this section, or a municipal orany otherofficerequiring apartisanprimarywhich is not set forth in G.S.
163-106.2 but which is not listed in subsection (b) of this section, or a municipal oranyotherofficerequiringapartisan primarywhichis not set forth in G.S.
House of Representatives, District Attorney, judge of the superior court, judge of the district court, and members of the State House of Representatives from multi-county districts or members of the State Senate from multi-county districts must be presented to the county board of elections for verification at least 15 days before the petition is due to be filed with the State Board of Elections, and such petition must be filed with the State Board no later than 12:00 noon on Monday preceding the filing deadline.
House of Representatives, District Attorney, judge of the superior court, judge of the district court, and members of the State House of Representatives from multi-countydistricts or members of the State Senate from multi-county districts must be presented to the countyboard of elections for verification at least 15 days before the petition is due to be filed with the State Board of Elections, and such petition must be filed with the State Board no later than 12:00 noon on Mondaypreceding the filing deadline.
– Page 10 DRH40541-LUxf-41 General Assembly Of North Carolina Session 2021 (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 of Elections 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 of Elections.
– Page 10 House Bill 892-First Edition General Assembly Of North Carolina Session 2021 (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 of Elections 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 of Elections.
Filling vacanciesamongpartynominees occurring after nomination andbefore election.
Filling vacanciesamongpartynominees occurringafternomination and before election.
(a) If any person nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns,orforanyreason becomesineligibleordisqualifiedbeforethedate oftheensuinggeneral election, the vacancy shall be filled by appointment according to the following instructions:
(a) If anyperson nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns, orforanyreason becomesineligibleordisqualifiedbeforethedate oftheensuinggeneral election, the vacancy shall be filled by appointment according to the following instructions:
Appropriate district executive Member of the United committee of political States House of Repre- party in which vacancy occurs sentatives Judge of district court District Attorney State Senator in a multi- county senatorial district Member of State House of Representatives in a DRH40541-LUxf-41 Page 11 General Assembly Of North Carolina Session 2021 multi-county representative district 3 State Senator in a single- County executive committee county senatorial district of political party in which Member of State House of vacancy occurs, provided, in Representatives in a the case of the State Senator single-county represen- or State Representative in a tative district single-county district where Any elective county office not all the county is located in that district, then in voting, only those members of the county executive committee who reside within the district shall vote Judge of superior court in a County executive committee of single-county judicial political party in which vacancy district where the district is occurs;
Appropriate district executive Member of the United committee of political States House of Repre- party in which vacancy occurs sentatives Judge of district court District Attorney State Senator in a multi- county senatorial district Member of State House of Representatives in a House Bill 892-First Edition Page 11 General Assembly Of North Carolina Session 2021 multi-county representative district 3 State Senator in a single- County executive committee county senatorial district of political party in which Member of State House of vacancy occurs, provided, in Representatives in a the case of the State Senator single-county represen- or State Representative in a tative district single-county district where Any elective county office not all the county is located in that district, then in voting, only those members of the county executive committee who reside within the district shall vote Judge of superior court in a County executive committee of single-county judicial political party in which vacancy district where the district is occurs;
If a vacancy occurs in a nomination of a political party and that vacancy arises from a cause other than death and the vacancy in nomination occurs more than 120 days before the general election, the vacancy in nomination may be filled under this section only if the appropriate executive committee certifies the name of the nominee in accordance with this paragraph at least 75 days before the general election.
If a vacancy occurs in a nomination of a political party and that vacancy arises from a cause other than death and the vacancy in nomination occurs more than 120 days before the general election, the vacancy in nomination may be filled under this section onlyif the appropriate executive committee certifies the name of the nominee in accordance with this paragraph at least 75 days before the general election.
(b) In a county which is partly in a multicounty judicial district, in choosing that county's member or members of the judicial district executive committee for the multicounty district, only the county convention delegates or county executive committee members who reside within the area of the county which is within that multicounty district may vote.
(b) In a county which is partly in a multicounty judicial district, in choosing that county's member or members of the judicial district executive committee for the multicountydistrict, only the county convention delegates or county executive committee members who reside within the area of the county which is within that multicounty district may vote.
…." Page 12 DRH40541-LUxf-41 General Assembly Of North Carolina Session 2021 SECTION 2.14.
…." Page 12 House Bill 892-First Edition General Assembly Of North Carolina Session 2021 SECTION 2.14.
The State Board of Elections shall establish a review procedure that local boards ofelections shall followto ensurethatcandidates' namesappearontheofficial ballot in accordance with this subdivision.
The State Board of Elections shall establish a review procedure that local boards ofelections shall followto ensurethatcandidates'namesappearon theofficial ballot in accordance with this subdivision.
Accordingly, this Article establishes the North Carolina Public Campaign Fund as an alternative source of campaign financing for candidates who demonstrate public support and voluntarily accept strict fund-raising andspendinglimits.ThisArticleisavailabletocandidates forjusticeoftheSupreme Court and judge of the Court of Appeals in elections to be held in 2022 and thereafter.
Accordingly, this Article establishes the North Carolina Public Campaign Fund as an alternative source of campaign financing for candidates who demonstrate public support and voluntarily accept strict fund-raisingandspendinglimits.ThisArticleisavailabletocandidates forjusticeoftheSupreme Court and judge of the Court of Appeals in elections to be held in 2022 and thereafter.
DRH40541-LUxf-41 Page 13 General Assembly Of North Carolina Session 2021 (3) Certified candidate.
House Bill 892-First Edition Page 13 General Assembly Of North Carolina Session 2021 (3) Certified candidate.
Madeby anindividualwhois a registered voter in this Stateat thetime of the submittal of the report specified in G.S.
Madebyanindividualwhois a registered voter in this Stateat thetime of the submittal of the report specified in G.S.
In the case of a primary, the trigger equals themaximum qualifyingcontributions forparticipating candidates.
In the case of a primary, the trigger equals themaximum qualifyingcontributions forparticipatingcandidates.
Inthecase of a contested general election, the trigger equals the base level of funding available under G.S.
In thecase of a contested general election, the trigger equals the base level of funding available under G.S.
– The North Carolina Public Campaign Fund is established to finance the election campaigns of certified candidates for office and to pay administrative and Page 14 DRH40541-LUxf-41 General Assembly Of North Carolina Session 2021 enforcement costs of the Board related to this Article.
– The North Carolina Public Campaign Fund is established to finance the election campaigns of certified candidates for office and to pay administrative and Page 14 House Bill 892-First Edition General Assembly Of North Carolina Session 2021 enforcement costs of the Board related to this Article.
(c) DeterminationofFund Amount.–ByOctober1,2022,andeverytwoyearsthereafter, the State Board shall prepare and provide to the Joint Legislative Elections Oversight Committee a report documenting, evaluating, and making recommendations relating to the administration, implementation, and enforcement of this Article.
(c) DeterminationofFund Amount.–ByOctober1,2022,andeverytwo yearsthereafter, the State Board shall prepare and provide to the Joint Legislative Elections Oversight Committee a report documenting, evaluating, and making recommendations relating to the administration, implementation, and enforcement of this Article.
In the declaration, the candidate shall swear or affirm that only one political committee, identified with its treasurer, shall handle all contributions, expenditures, and obligations for the participating candidate and that the candidate will comply with the contribution and expenditure limits set forth in subsection (d) of this section and all other requirements set forth in this Article or adopted by the Board.
In the declaration, the candidate shall swear or affirm that only one political committee, identified with its treasurer, shall handle all contributions, expenditures, and obligations for the participating candidate and that the candidate will complywith the contribution and expenditure limits set forth in subsection (d) of this section and all other requirements set forth in this Article or adopted by the Board.
DRH40541-LUxf-41 Page 15 General Assembly Of North Carolina Session 2021 (3) Filed a valid notice of candidacy pursuant to Article 26 of this Chapter.
House Bill 892-First Edition Page 15 General Assembly Of North Carolina Session 2021 (3) Filed a valid notice of candidacy pursuant to Article 26 of this Chapter.
(4) During the qualifying period, the candidate may contribute up to one thousand dollars($1,000)ofthatcandidate's ownmoneyto thecampaign.Debt incurred by the candidate for a campaign expenditure shall count toward that limit.
(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.
In establishing those guidelines, the Board shall differentiate expenditures that reasonably further a candidate's campaign from expenditures for personal use that would be incurred in the absence of the candidacy.
In establishing those guidelines, the Board shall differentiate expenditures that reasonablyfurther a candidate's campaign from expenditures for personal use that would be incurred in the absence of the candidacy.
(6) Any contribution received by a participating or certified candidate that falls outside that permitted by this subsection shall be returned to the donor as soon as practicable.
(6) Any contribution received by a participating or certified candidate that falls outside that permitted bythis subsection shall be returned to the donor as soon as practicable.
Contributions intentionally made, solicited, or accepted in Page 16 DRH40541-LUxf-41 General Assembly Of North Carolina Session 2021 violation of this Article are subject to civil penalties as specified in G.S.
Contributions intentionally made, solicited, or accepted in Page 16 House Bill 892-First Edition General Assembly Of North Carolina Session 2021 violation of this Article are subject to civil penalties as specified in G.S.
To receive certification, a participating candidate shall raise at least 225 qualifying contributions, totaling at least 20 times the amount of the filing fee for the office, for a four-week qualifying period.
To receive certification, a participating candidate shall raise at least 225 qualifyingcontributions, totaling at least 20 times the amount of the filing fee for the office, for a four-week qualifying period.
– Certified candidates shall receive one percent (1%) of the funding to which theywould beeligibleunder G.S.
– Certified candidates shall receive one percent (1%) of the funding to which theywould be eligibleunder G.S.
– By August 1, 2022, and no less frequently than every two years thereafter, the Board shall determine the amount of funds, rounded to the nearest one hundred dollars ($100.00), to be distributed to certified candidates as follows:
– ByAugust 1, 2022, and no less frequently than every two years thereafter, the Board shall determine the amount of funds, rounded to the nearest one hundred dollars ($100.00), to be distributed to certified candidates as follows:
DRH40541-LUxf-41 Page 17 General Assembly Of North Carolina Session 2021 (c) Method of Fund Distribution.
House Bill 892-First Edition Page 17 General Assembly Of North Carolina Session 2021 (c) Method of Fund Distribution.
After the initial 24-hour filing, the noncertified candidate or other reporting entity shall comply with an expedited reporting schedule.
After the initial 24-hour filing, the noncertified candidate or other reporting entityshall comply with an expedited reporting schedule.
163-278.121(19), the Board shall issue immediately to that certified candidate an additional 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:
163-278.121(19), the Board shall issue immediatelyto that certified candidate an additional 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:
Page 18 DRH40541-LUxf-41 General Assembly Of North Carolina Session 2021 (2) The aggregate total of all expenditures and payments reported in accordance with G.S.
Page 18 House Bill 892-First Edition General Assembly Of North Carolina Session 2021 (2) The aggregate total of all expenditures and payments reported in accordance with G.S.
– Total matching funds to a certified candidate before the date of the primary shall be limited to an amount equal to two times the maximum qualifying contributions for the office sought.
– Total matching funds to a certified candidate before the date of the primaryshall be limited to an amount equal to two times the maximum qualifying contributions for the office sought.
DRH40541-LUxf-41 Page 19 General Assembly Of North Carolina Session 2021 In addition to any other penalties that may be applicable, any individual, political committee, or other entity that violates any provision of this Article is subject to a civil penalty of up to ten thousand dollars ($10,000) per violation or three times the amount of any financial transactions involved in the violation, whichever is greater.
House Bill 892-First Edition Page 19 General Assembly Of North Carolina Session 2021 In addition to any other penalties that maybe applicable, any individual, political committee, or other entity that violates any provision of this Article is subject to a civil penalty of up to ten thousand dollars ($10,000) per violation or three times the amount of any financial transactions involved in the violation, whichever is greater.
Page 20 DRH40541-LUxf-41 General Assembly Of North Carolina Session 2021 (a) Allocation to the North Carolina Public Campaign Fund.
Page 20 House Bill 892-First Edition General Assembly Of North Carolina Session 2021 (a) Allocation to the North Carolina Public Campaign Fund.
This section applies to Articles and [Article] 22I and 22M of the General Statutes to the same extent that it applies to this Article." SECTION 3.6.
This section applies to Articles and [Article] 22Iand 22M of the General Statutes to the same extent that it applies to this Article." SECTION 3.6.
(2) A candidate may accept, and a family contributor may make to that candidate, a contribution not exceeding two thousand dollars ($2,000) in an election if the contributor is that candidate's parent, child, brother, or sister.
(2) A candidate may accept, and a familycontributor maymake to that candidate, a contribution not exceeding two thousand dollars ($2,000) in an election if the contributor is that candidate's parent, child, brother, or sister.
SEVERABILITY AND EFFECTIVE DATE DRH40541-LUxf-41 Page 21 General Assembly Of North Carolina Session 2021 SECTION 4.1.
SEVERABILITY AND EFFECTIVE DATE House Bill 892-First Edition Page 21 General Assembly Of North Carolina Session 2021 SECTION 4.1.
If any provision of this act is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions of the act that can be given effect without the invalid provision.
If any provision of this act is held invalid bya court of competent jurisdiction, the invaliditydoes not affect other provisions of the act that can be given effect without the invalid provision.
Page 22 DRH40541-LUxf-41
Page 22 House Bill 892-First Edition
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How this bill changes current law

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Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill reenacts nonpartisan judicial elections and introduces new provisions regarding the nomination and election of judges.

  • Chapter 163

    SUBCHAPTER XI. ELECTION OF APPELLATE, SUPERIOR, AND DISTRICT COURT JUDGES. Article 26. Nomination and Election of Appellate, Superior, and District Court Judges.

    Creates a new subchapter addressing the election of court judges.

  • § 163-350

    The nomination and election of justices of the Supreme Court, judges of the Court of Appeals, and superior and district court judges of the General Court of Justice shall be as provided by this Article.

    Establishes the applicability of this new article to judicial elections.

  • § 163-351

    Nonpartisan primary election method. (a) General. – Except as provided in G.S. 163-358, there shall be a primary to narrow the field of candidates to two candidates for each position to be filled if, when the filing period closes, there are more than two candidates for a single office or the number of candidates for a group of offices exceeds twice the number of positions to be filled.

    Defines the nonpartisan primary election method for judicial positions.

  • § 163-351

    (b) Determination of Nominees. – In the primary, the two candidates for a single office receiving the highest number of votes, and those candidates for a group of offices receiving the highest number of votes, equal to twice the number of positions to be filled, shall be declared nominated.

    Clarifies how nominees are determined in the primary election.

  • § 163-351

    (c) Determination of Election Winners. – 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.

    Specifies the process of determining winners in judicial elections.

  • § 163-352

    Notice of candidacy. (a) Form of Notice. – Each person offering to be a candidate for election shall do so by filing a notice of candidacy with the State Board in the following form...

    Outlines the form and requirements for filing a notice of candidacy.

  • § 163-352

    (b) Time for Filing Notice of Candidacy. – Candidates seeking election to the following offices shall file their 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 election: Justices of the Supreme Court. Judges of the Court of Appeals. Judges of the superior courts. Judges of the district courts.

    Specifies the filing timeline for candidates for judicial offices.

  • § 163-352

    (c) Withdrawal of Notice of Candidacy. – Any person who has filed a notice of candidacy for an office shall have the right to withdraw it at any time prior to the close of business on the third business day prior to the date on which the right to file for that office expires under the terms of subsection (b) of this section.

    Provides a mechanism for candidates to withdraw their notice of candidacy.

  • § 163-352

    (d) Certificate That Candidate Is Registered Voter. – Candidates shall file, along with their notice, a certificate signed by the chairman of the board of elections or the supervisor of elections of the county in which they are registered to vote...

    Introduces a requirement for candidates to provide proof of voter registration.

  • § 163-352

    (e) Candidacy for More Than One Office Prohibited. – No person may file a notice of candidacy for more than one office or group of offices...

    Prohibits candidates from filing for multiple offices in the same election.

  • § 163-353

    Filing fees required of candidates; refunds. (a) Fee Schedule. – At the time of filing a notice of candidacy under this Article, each candidate shall pay to the State Board a filing fee for the office the candidate seeks in the amount of one percent (1%) of the annual salary of the office sought.

    Establishes a filing fee structure for candidates.

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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2 sponsors · 33 co-sponsors · 144 not signed on

Sponsors (2)

Co-sponsors (33)

Not signed on (144)

144 members have not signed on to this bill.

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"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

Subjects

taxation elections
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Frequently asked questions

Who sponsors HB 892?
HB 892 is sponsored by Eric Ager (Democratic), Julie von Haefen (Democratic), R. Smith, K. Smith, Carla D. Cunningham (U), Farkas, Fisher, Garrison, Gill, Harris, Pricey Harrison (Democratic), Zack Hawkins (Democratic), Hunt, Hurtado, Insko, Brandon Lofton (Democratic), Carolyn G. Logan (Democratic), Lucas, Martin, Amos L. Quick, III (Democratic), Marcia Morey (Democratic), Abe Jones (Democratic), Adcock, Alexander, Joe John (Democratic), Vernetta Alston (Democratic), Autry, Amber M. Baker (Democratic), Cynthia Ball (Democratic), Mary Belk (Democratic), Terry M. Brown Jr. (Democratic), Deb Butler (Democratic), Becky Carney (Democratic), Cooper-Suggs, and Cecil Brockman (Democratic).
What is the current status of HB 892?
This bill died with 2021-2022 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.
Where can I track HB 892?
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