GENERAL ASSEMBLY OF NORTH CAROLINA

1985 SESSION

 

 

CHAPTER 579

HOUSE BILL 778

 

AN ACT TO REGULATE THE SUBMISSION OF LAWS AFFECTING ELECTIONS TO THE UNITED STATES ATTORNEY GENERAL AS REQUIRED BY SECTION FIVE OF THE VOTING RIGHTS ACT OF 1965.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 120 of the General Statutes is amended by adding a new Article to read:

 "Article 6B.

 "Submission of Acts.

"§ 120-30.9A. Purpose.-The purpose of this Article is to ensure compliance with Section 5 of the Voting Rights Act of 1965 by designating certain officials who shall submit to the Attorney General of the United States any statute enacted by the General Assembly or action taken by any local government which affects any voting qualification, prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1964, in any jurisdiction covered by Section 5 of the Voting Rights Act of 1965.

"§ 120-30.9B. Statewide statutes; State Board of Elections.- The Executive Secretary-Director of the State Board of Elections shall submit to the Attorney General of the United States within 30 days of ratification all acts of the General Assembly that amend, delete, add to, modify or repeal any provision of Chapter 163 of the General Statutes or any other statewide legislation, except relating to Chapter 7A of the General Statutes, which constitutes a 'change affecting voting' under Section 5 of the Voting Rights Act of 1965.

"§ 120-30.9C. The judicial system; Administrative Office of the Courts.-The Administrative Officer of the Courts shall submit to the Attorney General of the United States within 30 days of ratification all acts of the General Assembly that amend, delete, add to, modify or repeal any provision of Chapter 7A of the General Statutes of North Carolina which constitutes a 'change affecting voting' under Section 5 of the Voting Rights Act of 1965.

"§ 120-30.9D. Constitutional amendments; Secretary of State.- The Secretary of State shall submit to the Attorney General of the United States within 30 days of ratification all acts of the General Assembly that amend the North Carolina Constitution and which constitute a 'change affecting voting' under Section 5 of the Voting Rights Act of 1965.

"§ 120-30.9E. Counties; County Attorney.-The County Attorney of any county covered by the Voting Rights Act of 1965 shall submit to the Attorney General of the United States within 30 days of ratification or adoption any local acts of the General Assembly, actions of the County Board of Commissioners, or the County Board of Elections or any other county agency which constitutes a 'change affecting voting' under Section 5 of the Voting Rights Act of 1965 in that county.

"§ 120-30.9F. Municipalities; municipal attorney.-The municipal attorney of any municipality covered by the Voting Rights Act of 1965 shall submit to the Attorney General of the United States within 30 days of ratification any local acts of the General Assembly, actions of the municipal governing body or municipal board of elections or any other municipal agency which constitutes a 'change affecting voting' under Section 5 of the Voting Rights Act of 1965 in that municipality.

"§ 120-30.9G. School Administrative Units; Boards of Education Attorney.-The attorney for any local board of education where that school administrative unit is covered by the Voting Rights Act of 1965 shall submit to the Attorney General of the United States within 30 days of ratification any local acts of the General Assembly, or actions of the local boards of education which constitutes a 'change affecting voting' under Section 5 of the Voting Rights Act of 1965 in that school administrative unit. If the change affecting voting is a merger of two or more school administrative units, the change shall be submitted jointly by the attorneys of the school administrative units involved, or by one of them by agreement of the attorneys involved."

Sec. 2.  This act is effective upon ratification, except that any act which is covered by Article 6B of Chapter 120 of the General Statutes and which was enacted by the 1985 Session of the General Assembly prior to the date of ratification of this act shall be submitted within 30 days of ratification of this act.

In the General Assembly read three times and ratified, this the 3rd day of July, 1985.