North Carolina § 163-278 - 69. (See Editor's note for contingent repeal) Voter education.

§ 163-278. 69. (See Editor's note for contingent repeal) Voter education.

Judicial Voter Guide. - The State Board shall publish a Judicial Voter Guide that explains the functions of the appellate courts and the laws concerning the election of appellate judges, the purpose and function of the Public Campaign Fund, and the laws concerning voter registration. The State Board shall distribute the Guide to as many voting-age individuals in the State as practical, through a mailing to all residences or other means it deems effective. The distribution shall occur no more than 28 days nor fewer than seven days before the one-stop voting period provided in G.S. 163-227.2, 163-227.5, and 163-227.6 for the primary and no more than 28 days nor fewer than seven days before the one-stop voting period provided in G.S. 163-227.2, 163-227.5, and 163-227.6 for the general election. Candidate Information. - The Judicial Voter Guide shall include information concerning all candidates for the Supreme Court and the Court of Appeals, as provided by those candidates according to a format provided to the candidates by the Board. The State Board shall request information for the Guide from each candidate according to the following format: Place of residence. Education. Occupation. Employer. Date admitted to the bar. Legal/judicial experience. Candidate statement. Concerning that statement, the Board shall send to the candidates instructions as follows: "Your statement may include information such as your qualifications, your endorsements, your ratings, why you are seeking judicial office, why you would make a good judge, what distinguishes you from your opponent(s), your acceptance of spending and fund-raising limits to qualify to receive funds from the Public Campaign Fund, and any other information relevant to your candidacy. The State Board of Elections will reject any portion of any statement which it determines contains obscene, profane, or defamatory language. The candidate shall have three days to resubmit the candidate statement if the Board rejects a portion of the statement. Disclaimer. - The Judicial Voter Guide shall contain the following statement: "Statements by candidates do not express or reflect the opinions of the State Board of Elections." The entire entry for a candidate shall be limited to 250 words. History (2002-158, s. 1; 2005-276, s. 23A.1(d); 2005-430, s. 6; 2006-192, s. 14; 2007-391, s. 4(a); 2008-187, s. 33(a); 2009-543, s. 6; 2017-6, s. 3; 2018-144, s. 3.4(n); 2018-146, s. 3.1(a), (b).) Editor's Note. - This section was recodified as now former G.S. 163A-1520 by Session Laws 2017-6, s. 3. Former G.S. 163A-1520 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 2007-391, s. 1(c), was amended by Session Laws 2008-198, s. 33(a), to eliminate any confusion as to the effective dates of the 2007 act. Session Laws 2007-391, s. 4(a), which substituted "28 days" for "14 days" twice in the last sentence of subsection (a), is effective August 19, 2007. Session Laws 2013-360, s. 21.1(a), effective July 1, 2013, provides: "Article 22D of Chapter 163 of the General Statutes is repealed, except that G.S. 163-278.69 is repealed effective upon exhaustion of the funds for publication of the Judicial Voter Guide." Session Laws 2013-360, s. 21.1(j)-( l ), provides: "(j) The State Board of Elections shall use the money in the North Carolina Public Campaign Fund to only publish Judicial Voter Guides as described in G.S. 163-278.69 until the funds have been exhausted. "(k) The secretary-treasurer of the North Carolina State Bar shall remit any payments of the fifty-dollar ($50.00) surcharge payable for the taxable year January 1, 2013, to the State Board of Elections, and the State Board of Elections must credit the funds received to the North Carolina Public Campaign Fund. "( l ) The State Board of Elections shall notify the Revisor of Statutes when the funds have been exhausted for publication of the Judicial Voter Guide." As of the date of this publication, the funds had not been exhausted. Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2013-381, s. 381.1(a), effective July 1, 2013, provides: "Article 22D of Chapter 163 of the General Statutes is repealed, except that G.S. 163-278.69 is repealed effective upon exhaustion of the funds for publication of the Judicial Voter Guide." Session Laws 2013-381, s. 38.1(m)-(o), provides: "(m) The State Board of Elections shall use the money in the North Carolina Public Campaign Fund to only publish Judicial Voter Guides as described in G.S. 163-278.69 until the funds have been exhausted. "(n) The secretary-treasurer of the North Carolina State Bar shall remit any payments of the fifty-dollar ($50.00) surcharge payable for the taxable year January 1, 2013, to the State Board of Elections, and the State Board of Elections must credit the funds received to the North Carolina Public Campaign Fund. "(o) The State Board of Elections shall notify the Revisor of Statutes when the funds have been exhausted for publication of the Judicial Voter Guide." As of April 24, 2019, the Revisor is informed that the funds have not yet been exhausted. Session Laws 2013-381, s. 60.1, is a severability clause. Session Laws 2018-134, 3rd Ex. Sess., s. 1.1, provides: "This act shall be known as 'The Hurricane Florence Emergency Response Act.'" Session Laws 2018-134, 3rd Ex. Sess., s. 5.3(e), provides: "(e) Notwithstanding G.S. 163A-1535 and G.S. 163A-1520, there is appropriated from the cash balance in Budget Code 68025 in the Bipartisan State Board of Elections and Ethics Enforcement the sum of four hundred thousand dollars ($400,000) for the purpose of implementing this section. Expenditures of this appropriation are not subject to the provisions of Article 3 and Article 8 of Chapter 143 of the General Statutes." Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section. Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and "Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and "Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and "Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and "Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and "Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and "Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and "Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and "Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore," Session Laws 2019-4, s. 1(a), (b), provides: "(a) S.L. 2018-144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018-144. "(b) Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue." Effect of Amendments. - Session Laws 2005-276, s. 23A.1(d), effective July 1, 2005, substituted "Public Campaign Fund" for "Public Campaign Financing Fund" in subsection (a) and subdivision (b)(7). Session Laws 2005-430, s. 6, effective December 1, 2005, and applicable to all contributions and expenditures made or accepted on or after that date, in subsection (a), in the first sentence, deleted "Financing" preceding "Fund"; and rewrote the last sentence. Session Laws 2006-192, s. 14, effective August 3, 2006, substituted "Statements by candidates" for "The above statements" in subsection (c). Session Laws 2007-391, s. 4(a), effective August 19, 2007, substituted "28 days" for "14 days" twice in the last sentence of subsection (a). Session Laws 2009-543, s. 6, effective August 28, 2009, substituted "Candidate statement" for "Candidate statement, limited to 150 words" at the beginning of subdivision (b)(7); and added the last sentence of subsection (b). Session Laws 2018-144, s. 3.4(n), effective December 19, 2018, in subsection (a), deleted "163A-1301" following "G.S. 163A-1300" twice; and made minor stylistic changes. Legal Periodicals. - For comment, "Party Over? The Politics of North Carolina's 'Nonpartisan' Judicial Elections," see 86 N.C.L. Rev. 1762 (2008).