North Carolina § 163-8 - Filling vacancies in State executive offices.

§ 163-8. Filling vacancies in State executive offices.

If the office of Governor or Lieutenant Governor shall become vacant, the provisions of G.S. 147-11.1 shall apply. If the office of any of the following officers shall be vacated by death, resignation, or otherwise than by expiration of term, it shall be the duty of the Governor to appoint another to serve until his successor is elected and qualified: Secretary of State, Auditor, Treasurer, Superintendent of Public Instruction, Attorney General, Commissioner of Agriculture, Commissioner of Labor, and Commissioner of Insurance. Each such vacancy shall be filled by election at the first election for members of the General Assembly that occurs more than 60 days after the vacancy has taken place, and the person chosen shall hold the office for the remainder of the unexpired four-year term: Provided, that when a vacancy occurs in any of the offices named in this section and the term expires on the first day of January succeeding the next election for members of the General Assembly, the Governor shall appoint to fill the vacancy for the unexpired term of the office. Upon the occurrence of a vacancy in the office of any one of these officers for any of the causes stated in the preceding paragraph, the Governor may appoint an acting officer to perform the duties of that office until a person is appointed or elected pursuant to this section and Article III, Section 7 of the State Constitution, to fill the vacancy and is qualified. History (1901, c. 89, ss. 4, 73; Rev., s. 4299; C.S., s. 5920; 1967, c. 775, s. 1; 1983, c. 324, s. 1; 1985 (Reg. Sess., 1986), c. 920, s. 5; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) Cross References. - As to the constitutional amendments by Session Laws 1985 (Reg. Sess., 1986), c. 920, ss. 1 and 2, see N.C. Const., Art. III, § 7(3) and Art. IV, § 19. Editor's Note. - This section was recodified as now former G.S. 163A-716 by Session Laws 2017-6, s. 3. Former G.S. 163A-716 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 1985 (Reg. Sess., 1986), c. 920, s. 5, effective January 1, 1987, but only upon approval by the voters of the constitutional amendments set forth in Session Laws 1985 (Reg. Sess., 1986), c. 920, ss. 1 and 2, substituted "60 days" for "30 days" in the third sentence. The constitutional amendments were approved at the election held November 4, 1986. Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.