North Carolina § 163-12 - Filling vacancy in United States Senate.

§ 163-12. Filling vacancy in United States Senate.

Whenever there shall be a vacancy in the office of United States Senator from this State, whether caused by death, resignation, or otherwise than by expiration of term, the Governor shall appoint to fill the vacancy until an election shall be held to fill the office. If the Senator was elected as the nominee of a political party, the Governor shall appoint from a list of three persons recommended by the State executive committee of the political party with which the vacating member was affiliated when elected if that party executive committee makes recommendations within 30 days of the occurrence of the vacancy. The Governor shall issue a writ for the election of a Senator to be held at the time of the first election for members of the General Assembly that is held more than 60 days after the vacancy occurs. The person elected shall hold the office for the remainder of the unexpired term. The election shall take effect from the date of the canvassing of the returns. History (1913, c. 114, ss. 1, 2; C.S., ss. 6002, 6003; 1929, c. 12, s. 2; 1955, c. 871, s. 6; 1967, c. 775, s. 1; 1985, c. 759, s. 2; 2013-381, s. 8.1; 2017-6, s. 3; 2018-102, s. 1; 2018-146, s. 3.1(a), (b).) Editor's Note. - This section was recodified as now former G.S. 163A-720 by Session Laws 2017-6, s. 3. Former G.S. 163A-720 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified. Session Laws 2018-102, s. 2, made the amendment of this section by Session Laws 2018-102, s. 1, effective June 26, 2018, and applicable to vacancies filled on or after that date. Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section. Effect of Amendments. - Session Laws 2013-381, s. 8.1, effective January 1, 2014, added the second sentence, and substituted "a" for "his" following "shall issue" in the third sentence. Session Laws 2018-102, s.1, rewrote the second sentence of this section. For effective date and applicability, see editor's note. Legal Periodicals. - For article, "Rediscovering the Sovereignty of the People: the Case for Senate Districts," see 75 N.C.L. Rev. 1 (1996).