North Carolina § 120-2 - 4. Opportunity for General Assembly to remedy defects.

§ 120-2. 4. Opportunity for General Assembly to remedy defects.

If the General Assembly enacts a plan apportioning or redistricting State legislative or congressional districts, in no event may a court impose its own substitute plan unless the court first gives the General Assembly a period of time to remedy any defects identified by the court in its findings of fact and conclusions of law. That period of time shall not be less than two weeks, provided, however, that if the General Assembly is scheduled to convene legislative session within 45 days of the date of the court order that period of time shall not be less than two weeks from the convening of that legislative session. In the event the General Assembly does not act to remedy any identified defects to its plan within that period of time, the court may impose an interim districting plan for use in the next general election only, but that interim districting plan may differ from the districting plan enacted by the General Assembly only to the extent necessary to remedy any defects identified by the court. Notwithstanding any other provision of law or authority of the State Board of Elections under Chapter 163 of the General Statutes, the State Board of Elections shall have no authority to alter, amend, correct, impose, or substitute any plan apportioning or redistricting State legislative or congressional districts other than a plan imposed by a court under this section or a plan enacted by the General Assembly. History (2003-434, 1st Ex. Sess., s. 9; 2016-125, 4th Ex. Sess., s. 20(a); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 4.7, 6.1.) Re-recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes. Pursuant to this authority, the Revisor substituted "Bipartisan State Board of Elections and Ethics Enforcement" for "State Board of Elections" twice in subsection (b); and substituted "Subchapter III of Chapter 163 A" for "Chapter 163" in subsection (b). Session Laws 2018-146, ss. 3.1(a), (b) and 6.1, repealed Session Laws 2017-6, s. 3, and authorized the Revisor of Statutes to re-recodify Chapter 163A into Chapters 163, 138A, and 120C and to revert the changes made by the Revisor pursuant to Session Laws 2017-6, s. 3. Pursuant to this authority, the Revisor of Statutes reverted the changes to references in subsection (b). Editor's Note. - Session Laws 2003-434, 1st Ex. Sess., s. 15, is a severability clause. Session Laws 2003-434, 1st Ex. Sess., s. 16, made this section effective November 25, 2003, and applicable to any case pending on or filed after that date, to any case regardless of when the case was filed, and to any action of a court affecting the validity of an act apportioning or redistricting State legislative or congressional districts. Session Laws 2016-125, s. 25, 4th Ex. Sess., is a severability clause. Effect of Amendments. - Session Laws 2016-125, 4th Ex. Sess., s. 20(a), effective December 16, 2016, added the subsection (a) designation; and added subsection (b). Session Laws 2018-146, s. 4.7, effective December 27, 2018, in subsection (a), substituted "weeks, provided however, that if the General Assembly is scheduled to convene legislative session within 45 days of the date of the court order that period of time shall not be less than two weeks from the convening of that legislative session" for "weeks" at the end; and added the designation of subsection (a1).