North Carolina § 138A-7 - Membership.

§ 138A-7. Membership.

The Commission shall consist of eight members. Four members shall be appointed by the Governor, of whom no more than two shall be of the same political party. Four members shall be appointed by the General Assembly, two upon the recommendation of the Speaker of the House of Representatives, neither of whom shall be of the same political party, and two upon the recommendation of the President Pro Tempore of the Senate, neither of whom shall be of the same political party. Members shall serve for four-year terms, beginning January 1, 2019, except for the initial terms that shall be as follows: Two members appointed by the Governor shall serve an initial term of one year. Two members appointed by the General Assembly, one upon the recommendation of the Speaker of the House of Representatives and one upon the recommendation of the President Pro Tempore of the Senate, shall serve initial terms of two years. Two members appointed by the Governor shall serve initial terms of three years. Two members appointed by the General Assembly, one upon the recommendation of the Speaker of the House of Representatives and one member upon the recommendation of the President Pro Tempore of the Senate, shall serve initial terms of four years. Members shall be removed from the Commission only for misfeasance, malfeasance, or nonfeasance. Members appointed by the Governor may be removed by the Governor. Members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives shall be removed by the Governor upon the recommendation of the Speaker. Members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate shall be removed by the Governor upon the recommendation of the President Pro Tempore of the Senate. Vacancies in appointments made by the Governor shall be filled by the Governor for the remainder of any unfulfilled term. Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120-122 for the remainder of any unfulfilled term. No member while serving on the Commission or employee while employed by the Commission shall: Hold or be a candidate for any other office or place of trust or profit under the United States, the State, or a political subdivision of the State. Hold office in any political party above the precinct level. Participate in or contribute to the political campaign of any covered person or any candidate for a public office as a covered person over which the Commission would have jurisdiction or authority. Otherwise be an employee of the State, a community college, or a local school administrative unit, or serve as a member of any other State board. No individual is eligible to serve on the Commission who, within the 48 months prior to appointment, has held any of the following positions with an organization that has engaged in electioneering in those 48 months: Director, officer, or governing board member. Employee. Lobbyist registered under Chapter 120C of the General Statutes. Independent contractor. Legal counsel of record. The Governor shall annually appoint a member of the Commission to serve as chair of the Commission. The Commission shall elect a vice-chair annually from its membership. The vice-chair shall act as the chair in the chair's absence or if there is a vacancy in that position. Members of the Commission shall receive no compensation for service on the Commission but shall be reimbursed for subsistence, travel, and convention registration fees as provided under G.S. 138-5 or G.S. 138-7, as applicable. No individual may serve more than two consecutive four-year terms. History (2006-201, s. 1; 2017-6, ss. 4(c), 5(b); 2018-2, s. 8(b); 2018-13, s. 5; 2018-146, ss. 3.1(a), (b), 3.3(b).) Implement the North Carolina Supreme Court's Holding in Cooper v. Berger by Giving the Governor Increased Control Over the Bipartisan State Board of Elections and Ethics Enforcement. - Session Laws 2018-2, s. 8(a), provides: "The General Assembly finds that the legislative intent in the enactment of S.L. 2017-6 and establishment of the Bipartisan State Board of Elections and Ethics Enforcement was to continue the practice of having an independent, quasi-judicial body for elections and ethics enforcement for the State and consolidate those bodies under a single entity. The General Assembly finds that the entity enforcing these laws must have sufficient distance from political interference due to the potential for abuse of oversight of elections and ethics investigations for partisan purposes. The General Assembly further finds that appointment of a State Board member who is not affiliated with the two largest political parties will foster nonpartisan decision-making by the State Board. As such, by amending the section of the General Statutes establishing the membership of the State Board enacted in S.L. 2017-6, the purpose of this legislation is to implement the decision of the North Carolina Supreme Court on January 26, 2018, in Cooper v. Berger (No. 52PA17-2) to give the Governor executive control over the Bipartisan State Board of Elections and Ethics Enforcement and to provide for representation on the State Board by unaffiliated and third-party voters." Session Laws 2018-146, s. 3.1(c), repealed the provisions of Part XIII of Session Laws, 2018-2, including s. 8(a) of that act. Editor's Note. - This section was repealed by Session Laws 2017-6, s. 5(b), with similar provisions recodified at now former G.S. 163A-2 by Session Laws 2017-6, s. 4(c). Former G.S. 163A-2 was repealed by Session Laws 2018-146, s. 3.1(b), and the former provisions of this section were re-recodified by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citations from the former sections have been added to this section as re-recodified. Session Laws 2017-6, s. 22, made this section effective May 1, 2017. Session Laws 2017-6, s. 9, provides: "Notwithstanding G.S. 163A-2, as enacted by Section 4 of this act, the chairs of the two political parties shall submit a list of names to the Governor on or before April 20, 2017, and the Governor shall make appointments from those lists no later than May 1, 2017. The State chairs of the two political parties shall not nominate, and the Governor shall not appoint, any individual who has served two or more full consecutive terms on the State Board of Elections or State Ethics Commission, as of April 30, 2017." Session Laws 2018-146, s. 3.1(b), repealed Session Laws 2017-6, s. 9, effective January 31, 2019. Session Laws 2017-6, s. 10, provides: "Notwithstanding G.S. 163A-2(f) and (g), as enacted by Section 4 of this act, the Governor shall appoint a member of the State Board to serve as chair, a member to serve as vice-chair, and a member to serve as secretary of the State Board until its first meeting in May 2019, at which time the State Board shall select it a chair and vice-chair in accordance with G.S. 163A-2(f) and select a secretary in accordance with G.S. 163A-2(g)." Session Laws 2018-146, s. 3.1(b), repealed Session Laws 2017-6, s. 10, effective January 31, 2019. Session Laws 2018-2, s. 8(b), effective March 16, 2018, rewrote the section. Subsequently, Session Laws 2018-146, s. 3.1(c), repealed the provisions of Part XIII of Session Laws, 2018-2, including s. 8(b) of that act. Session Laws 2018-2, s. 8(c), provides: "Notwithstanding G.S. 163A-2, members appointed to the Bipartisan State Board of Elections and Ethics Enforcement in 2018 shall serve a term of office beginning March 1, 2018, and expiring April 30, 2019, and the State Board shall hold its first meeting in March 2018." Session Laws 2018-146, s. 3.1(c), repealed the provisions of Part XIII of Session Laws, 2018-2, including s. 8(c) of that act. Session Laws 2018-13, s. 6, is a severability clause. Session Laws 2018-13, s. 7, made the amendment of this section by Session Laws 2018-13, s. 5, effective June 20, 2018, and applicable to elections held on or after that date. Session Laws 2018-146, s. 6.2(a), provides: "Notwithstanding G.S. 163-19 , 163-30, and 138A-7, as re-recodified by this act, appointments to the State Board of Elections, county boards of elections, and State Ethics Commission shall be made as soon as possible upon enactment of this act, and no further appointments shall be required in 2019, other than to fill vacancies as may occur. The requirements of G.S. 163-19(f)(5) shall not apply to any member of the Bipartisan State Board of Elections and Ethics Enforcement serving on the effective date of this act who is appointed to the State Board of Elections in 2019. In making appointments to the State Board of Elections and State Ethics Commission, any service on the Bipartisan State Board of Elections and Ethics Enforcement shall be considered service for purposes of consecutive terms." Effect of Amendments. - Session Laws 2018-13, s. 5, effective June 5, 2018, rewrote the section. For effective date and applicability, see editor's note. Session Laws 2018-146, s. 3.3(b), effective January 31, 2019, rewrote the section.