NORTH CAROLINA GENERAL ASSEMBLY

1977 SESSION

CHAPTER 363

SENATE BILL 293

AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO EMPOWER THE VOTERS TO ELECT THE GOVERNOR AND LIEUTENANT GOVERNOR FOR TWO CONSECUTIVE TERMS.

The General Assembly of North Carolina enacts:

Section 1.  The Constitution of North Carolina is hereby amended by rewriting Article III, Section 2(2) thereof to read as follows:

"Sec. 2(2).  Qualifications. No person shall be eligible for election to the office of Governor or Lieutenant Governor unless, at the time of his election, he shall have attained the age of 30 years and shall have been a citizen of the United States for five years and a resident of this State for two years immediately preceding his election. No person elected to the office of Governor or Lieutenant Governor shall be eligible for election to more than two consecutive terms of the same office."

Sec. 2.  The amendment set out in Section 1 of this act shall be submitted to the qualified voters of the State at the general election to be held in November 1978, or at the next statewide election, whichever is earlier. That election shall be conducted under the laws then governing elections in this State.

Sec. 3.  At that election, each qualified voter desiring to vote shall be provided a ballot on which shall be printed the following:

"[ ]    FOR constitutional amendment empowering the qualified voters of the State to elect the Governor and Lieutenant Governor to a second successive term of the same office.

[ ]      AGAINST constitutional amendment empowering the qualified voters of the State to elect the Governor and Lieutenant Governor to a second successive term of the same office."

Notwithstanding the foregoing provisions of this section, voting machines may be used in accordance with rules and regulations prescribed by the State Board of Elections.

Sec. 4.  If a majority of the votes cast thereon are in favor of the amendment set out in Section 1 of this act, then the State Board of Elections shall certify the amendment set out in Section 1 of this act to the Secretary of State, who shall enroll that amendment so certified among the permanent records of this office. This amendment shall become effective upon its certification to the Secretary of State.

Sec. 5.  If a statewide election is held prior to the general election to be held in November 1978, the State Board of Elections shall reimburse the counties of the State for all necessary expenses incurred in holding said election and registration therefor, the same to be paid out of the Contingency and Emergency Fund, unless the payment of such expenses is otherwise expressly provided for.

Sec. 6.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 11th day of May, 1977.