North Carolina § 18C-112 - Qualifications of Commissioners.

§ 18C-112. Qualifications of Commissioners.

Of the members of the Commission appointed by the Governor, at least one member shall have a minimum of five years' experience in law enforcement. Notwithstanding subsection (e) of this section, a member serving in this slot may be an elected law enforcement official. Of the members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, one member shall be a certified public accountant. Of the members of the Commission appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, one member shall have retail sales experience as an owner or manager. In making appointments to the Commission, the appointing authorities shall consider the composition of the State with regard to geographic representation and gender, ethnic, racial, and age composition. If any member takes any of the following actions, the member vacates office as a member of the Commission and the vacancy shall be filled as provided by G.S. 18C-111(c): Files a notice of candidacy under G.S. 163-106 through 163-106.6 or a petition under G.S. 163-107.1. Is nominated to fill a vacancy among party nominees under G.S. 163-114 or G.S. 163-115. Files a petition as an unaffiliated candidate under G.S. 163-122. Files a declaration of intent as a write-in candidate under G.S. 163-123. Is nominated by party convention under G.S. 163-98. History (2005-344, s. 1; 2005-276, s. 31.1(e); 2011-145, s. 6.18; 2011-391, s. 10; 2017-3, s. 1; 2017-6, s. 3; 2017-206, s. 8; 2018-146, ss. 3.1(a), (b), 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 additional technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification. Pursuant to this authority, the Revisor of Statutes substituted "163A-972 through 163A-978" for "163-106" and "163A-980" for "163-107.1" in subdivision (e)(1); substituted "163A-987" for "163-114" and "163A-988" for "163-115" in subdivision (e)(2); substituted "163A-1005" for "163-122" in subdivision (e)(3); substituted "163A-1006" for "163-123" in subdivision (e)(4); and substituted "163A-953" for "163-98" in subdivision (e)(5). 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 (e). Effect of Amendments. - Session Laws 2005-276, s. 31.1(e), effective July 1, 2005, in subsection (a), deleted "and no more than two members shall be from the same political party as the Governor" following "enforcement"; in subsection (b), deleted "and no more than two members shall be from the same political party as the President Pro Tempore of the Senate" following "accountant"; in subsection (c), substituted "experience as an owner or manager" for "experience, and no more than two members shall be from the same political party as the Speaker of the House of Representatives" and in subsection (d), added "geographic representation and". Session Laws 2011-145, s. 6.18, as added by Session Laws 2011-391, s. 10, effective July 1, 2011, added subsection (e). Session Laws 2017-3, s. 1, effective with respect to primaries and elections held on or after January 1, 2018, rewrote subdivision (e)(1), which formerly read: "Files a notice of candidacy under G.S. 163.106 or G.S. 163-323 or a petition under G.S. 163-107.1 or G.S. 163-325." Session Laws 2017-206, s. 8, effective August 30, 2017, added the last sentence in subsection (a).