GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	1 

SENATE BILL 12

Short Title:  Judicial Appt./Voter Retention.	(Public)

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Sponsors: Senators Odom; Ballance, Carter, Clodfelter, Dannelly, Gulley, Hartsell, Hoyle, Jordan, Kerr, Kinnaird, Lee, Lucas, Martin of Guilford, Miller, Phillips, Plyler, Purcell, Rand, Reeves, Shaw of Cumberland, Warren, Weinstein, and Wellons.

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Referred to:  Judiciary I.

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January 28, 1999

A BILL TO BE ENTITLED
AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO PROVIDE FOR GUBERNATORIAL NOMINATION OF JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS, LEGISLATIVE CONFIRMATION, AND RETENTION BY VOTE OF THE PEOPLE.
The General Assembly of North Carolina enacts:
Section 1.  Section 16 of Article IV of the North Carolina Constitution reads as rewritten:
"Sec. 16.  Selection and tenure of Justices of the Supreme Court and Judges of the Court of Appeals; election of Judges of the Superior Court.
 (1)	Judges of the Superior court shall hold office for terms of eight years and until their successors are elected and qualified.  Regular Judges of the Superior Court shall be elected by the qualified voters of their respective districts.
	(2)  General principles.  Justices and judges of the Appellate Division should be selected for and continue to hold office solely upon the basis of personal and professional fitness to administer right and justice wisely, according to law, and without favor, denial, or delay, to all persons who come into the courts.  While their continuation in office should be periodically subject to approval by the people, both their initial selection and continuation in office should be free, so far as may be, from the influences and necessities of partisan political activity.
(3)	Nomination, confirmation, appointment retention election, and terms of justices and judges.  On and after January 1, 2001, when a vacancy occurs in the office of Chief Justice, Associate Justice, or Judge of the Appellate Division, the Governor shall nominate a person to fill the vacancy.  Prior to appointment, such nominations by the Governor shall be subject to confirmation of the General Assembly by three-fifths of the members of each house present and voting prior to appointment.  For the purposes of this section, creation of a new judgeship within the Appellate Division creates a vacancy.
Each house of the General Assembly shall vote on confirmation within 60 calendar days of the date of nomination, except that no day shall be included within that calculation if it is:
(a)	Between sine die adjournment of one regular session and convening of the next regular session; or
(b)	During any period when the General Assembly has adjourned a regular session for more than 30 days jointly as provided under Section 20 of Article II of this Constitution.
If a nomination is made during either of the periods listed in subdivision (a)	or (b) of this subsection, the Governor may convene the General Assembly in extra session for the purpose of considering confirmation of the nomination.  No action of that extra session shall be valid after the second calendar day of that session, and that extra session may not consider any matters other than rules for the extra session, confirmation of the nomination, and adjournment sine die.  The nomination may not be confirmed in any extra session other than one called under this subsection.
The term of office by appointment as Chief Justice, Associate Justice, or Judge of the Appellate Division extends through June 30 after the next statewide election for members of the General Assembly that is held more than 18 months after the nomination is confirmed.  At that election, a person holding by appointment the office of Chief Justice, Associate Justice, or Judge of the Appellate Division who desires to continue in office shall be subject to approval by nonpartisan ballot, by a majority of the votes cast on the issue of the Justice's or Judge's retention.  A Chief Justice, Associate Justice, or Judge of the Appellate Division then approved for retention serves a regular term.
The regular term of office of the Chief Justice, Associate Justices, and Judges of the Appellate Division is eight years and expires on June 30.
At the last statewide election for members of the General Assembly held before the expiration of a regular term of office, a Chief Justice, Associate Justice, or Judge of the Appellate Division who desires to continue in office shall be subject to approval by nonpartisan ballot, by a majority of the votes cast on the issue of the Justice's or Judge's retention.
If the voters fail to approve the retention in office of a Chief Justice, Associate Justice, or Judge of the Appellate Division serving an appointed or regular term, the office shall become vacant at the end of the term of office, and it shall be filled by nomination, confirmation, and appointment as prescribed in this section.  In such case, the Governor may only nominate a person of the same political affiliation as the justice or judge who has not been retained in office.  For the purpose of this section, the political affiliation of a nominee for justice or judge is determined as of 24 months preceding the date of the vacancy for which the nomination is made.
Voting in a retention election on the Chief Justice, Associate Justices, and Judges of the Appellate Division shall be the qualified voters of the whole State.
(4)	Transition provisions.  The term of office of a person who has been elected before January 1, 2001, to the office of Chief Justice, Associate Justice, or Judge of the Appellate Division for a term which extends beyond January 1, 2001, and who is in office on January 1, 2001, is extended through June 30 of the year following the eighth year after the date any such justice or judge was last elected to the office.  If the person so elected continues to serve for the remainder of the term, that person may stand for retention in the office for a succeeding regular term as provided in this section.  If the person continues to serve for the remainder of the term but does not stand for retention election, a vacancy is created in the office upon expiration of the term, and this vacancy shall be filled by nomination, confirmation, and appointment as provided in this section.
The term of office of a person who has been appointed before January 1, 2001, to the office of Chief Justice, Associate Justice, or Judge of the Appellate Division for a term which extends beyond January 1, 2001, and who is in office on January 1, 2001, shall end on June 30, 2003. If the person so appointed continues to serve for the remainder of the term, that person may stand for retention in the office for a regular term as provided by this section at the statewide election for members of the General Assembly held in 2002.
Upon the death, resignation, removal, or retirement of any incumbent justice or judge on or after January 1, 2001, and before the expiration of his term of office, the resulting vacancy shall be filled by nomination, confirmation, and appointment as provided in this section.
Vacancies in judicial offices in the Appellate Division occurring before January 1, 2001, and not filled by that date, shall be filled by nomination, confirmation, and appointment as provided in this section.
From the date any incumbent described in this subsection is continued in office by retention vote for a term next succeeding the term in progress on January 1, 2001, or is succeeded in office by another person, the office is held subject to the provisions of this section.
(5)	The General Assembly may implement this section by general law."
Section 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 in November 2000, which election shall be conducted under the laws then governing elections in the State.  Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes.  
"[ ] FOR    [ ] AGAINST
Constitutional amendment to replace the present practice of selecting justices and judges of the Appellate Division by gubernatorial appointment, followed by partisan elections, with a method by which justices and judges of the Appellate Division will be nominated by the Governor, confirmed by the General Assembly, and then serve for limited terms after which the question of the justice's or judge's retention in office is regularly submitted for approval or disapproval by nonpartisan vote of the people at general elections, and to provide for election of superior court judges in their districts."
Section 3.  If a majority of votes cast on the question are in favor of the amendment set out in Section 1 of this act, the State Board of Elections shall certify the amendment to the Secretary of State.  The amendment becomes effective upon this certification.  The Secretary of State shall enroll the amendment so certified among the permanent records of that office.
Section 3.1.  Chapter 7A of the General Statutes is amended by adding a new Article to read:
"ARTICLE 1A.
"Appointment and Confirmation of Justices and Judges,
Retention Elections.
"§ 7A-4.1.  Nomination of justices and judges by Governor and confirmation by General Assembly.
(a)	The office of Chief Justice and Justice of the Supreme Court and Judge of the Court of Appeals are filled by nomination by the Governor subject to confirmation by the General Assembly in accordance with Section 16 of Article IV of the Constitution.
(b)	Nominees are subject to confirmation as provided in this subsection.  A nominee is confirmed by passage of a joint resolution of the General Assembly.  The Governor may withdraw a nomination at any time.
"§ 7A-4.2.  Confirmation procedures.
(a)	A legislative committee to which the issue of confirmation is referred may conduct an investigation of the nominee.  The investigation may include an evaluation of the nominee's ethical conduct, the nominee's knowledge of and application of the law, the nominee's management of the courts over which he has presided, the nominee's work habits, the nominee's health, and the nominee's judicial demeanor.  The nominee or judge shall be given an opportunity to present to the committee any information that the nominee determines to be appropriate.
(b)	The committee shall be allowed to inspect the files of the Judicial Standards Commission by request of the chair of the committee.  Notwithstanding the provisions of G.S. 7A-377, the files of the Judicial Standards Commission shall be made available to the committee.  Testimony and other evidence presented to the committee is privileged in any action for defamation.
"§ 7A-4.3.  Governor to issue commissions to justices and judges.
Every person duly nominated by the Governor as Chief Justice of the Supreme Court, Associate Justice of the Supreme Court, or Judge of the Court of Appeals and duly confirmed by the General Assembly shall be appointed by the Governor and shall procure from the Governor a commission attesting that fact, which the Governor shall issue upon receipt of a certification by the Secretary of State of the joint resolution of confirmation.
When a judge is retained in office by vote of the people, the Governor shall issue a commission attesting that fact, which the Governor shall issue upon receipt of a certification by the Secretary of State of the results of the election.
"§ 7A-4.4.  No elections in 2001.
No partisan election as previously provided by law for Chief Justice or Associate Justice of the Supreme Court, or Judge of the Court of Appeals, shall be held in 2001 or thereafter.
"§ 7A-4.5.  Retention elections.
(a)	As provided by Section 16 of Article IV of the Constitution of North Carolina, a Chief Justice or Associate Justice of the Supreme Court or Judge of the Court of Appeals desiring to continue in office shall be subject to approval by nonpartisan ballot, by a majority of votes cast on the issue of the justice's or judge's retention.
(b)	A person subject to subsection (a) of this section shall indicate the desire to continue in office by filing a notice to that effect with the State Board of Elections no later than 12:00 noon on the first business day of July in the year of the election.  The notice shall be on a form approved by the State Board of Elections.  Notice can be withdrawn at any time prior to the deadline for filing notice under this subsection.
(c)	Retention elections shall be conducted and canvassed in accordance with rules of the State Board of Elections in the same general manner as general elections under Chapter 163 of the General Statutes, except that the retention election is nonpartisan.  The form of the ballot shall be determined by the State Board of Elections.
(d)	Retention elections shall be placed at the top of the ballot above all other elections or matters for decision, whether partisan, nonpartisan, or otherwise.
(e)	If a person who has filed a notice calling a retention election dies or is removed from office prior to the time that the ballots are printed, the retention election is cancelled.  If a person who has filed a notice calling a retention election dies or is removed from office after the ballots are printed, the State Board of Elections may cancel the election if it determines that the ballots can be reprinted without significant expense.  If the ballots cannot be reprinted, then the results of the election shall be ineffective."
Section 3.2  G.S. 163-140(a) reads as rewritten:
"(a)	Kinds of General Election Ballots; Right to Combine. – For purposes of general elections, there shall be seven kinds of official ballots entitled:
(1)	Ballot for presidential electors
(2)	Ballot for United States Senator
(3)	Ballot for member of the United States House of Representatives
(4)	State ballot
(5)	County ballot
(6)	Repealed by Session Laws 1973, c. 793, s. 56
(7)	Ballot for constitutional amendments and other propositions submitted to the people
(8)	Judicial ballot for superior court.
Use of official ballots shall be limited to the purposes indicated by their titles. The printing on all ballots shall be plain and legible but, unless large type is specified by this section, type larger than 10-point shall not be used in printing ballots. All general election ballots shall be prepared in such a way as to leave sufficient blank space beneath each name printed thereon in which a voter may conveniently write the name of any person for whom he may desire to vote.
Unless prohibited by this section, the board of elections, State or county, charged by law with printing ballots may, in its discretion, combine any two or more official ballots. Whenever two or more ballots are combined, the voting instructions for the State ballot set out in subsection (b)(4) of this section shall be used, except that if the two ballots being combined do not contain a multi-seat race, then the second sentence of instruction b. shall not appear on the ballot.
Contests in the general election for seats in the State House of Representatives and State Senate shall be on ballots that are separate from ballots containing non-legislative contests, except where the voting system used makes separation of ballots impractical. State House and State Senate contests shall be on the same ballot, unless one is a single-seat contest and the other a multi-seat contest.
	."
Section 3.3.  For purpose of Section 1 of this act, terms of justices and judges covered by Section 2 of Chapter 98 of the 1995 Session Laws are as provided by that act.
Section 3.4.  G.S. 7A-10(a) reads as rewritten:
"(a)	The Supreme Court shall consist of a Chief Justice and six associate justices, selected as provided by Article 1A of this Chapter. Before entering upon the duties of his office, each justice shall take an oath of office. Four justices shall constitute a quorum for the transaction of the business of the court. Sessions of the court shall be held in the city of Raleigh, and scheduled by rule of court so as to discharge expeditiously the court's business.  The court may by rule hold sessions not more than twice annually in the Old Chowan County Courthouse (1767) in the Town of Edenton, which is a State-owned court facility that is designated as a National Historic Landmark by the United States Department of the Interior."
Section 3.5.  G.S. 7A-16 reads as rewritten:
"§ 7A-16.  Creation and organization.
The Court of Appeals shall consist of 12 judges, selected as provided in Article 1A of this Chapter.  The Chief Justice of the Supreme Court shall designate one of the judges as Chief Judge to serve in such capacity at the pleasure of the Chief Justice.  Before entering upon the duties of his office, a judge of the Court of Appeals shall take the oath of office prescribed for a judge of the General Court of Justice.
The Court of Appeals shall sit in panels of three judges each. The Chief Judge insofar as practicable shall assign the members to panels in such fashion that each member sits a substantially equal number of times with each other member. He shall preside over the panel of which he is a member, and shall designate the presiding judge of the other panel or panels.
Three judges shall constitute a quorum for the transaction of the business of the court, except as may be provided in G.S. 7A-32.
In the event the Chief Judge is unable, on account of absence or temporary incapacity, to perform the duties placed upon him as Chief Judge, the Chief Justice shall appoint an acting Chief Judge from the other judges of the Court, to temporarily discharge the duties of Chief Judge."
Section 3.6.  G.S. 163-106(c) reads as rewritten:
"(c)	Time for Filing Notice of Candidacy. – Candidates seeking party primary nominations for the following offices shall file their notice of candidacy with the State Board of Elections no earlier than 12:00 noon on the first Monday in January and no later than 12:00 noon on the first Monday in February preceding the primary:
Governor
Lieutenant Governor
All State executive officers
Judges of the district courts
United States Senators
Members of the House of Representatives of the United States
District attorneys
Candidates seeking party primary nominations for the following offices shall file their notice of candidacy with the county board of elections no earlier than 12:00 noon on the first Monday in January and no later than 12:00 noon on the first Monday in February preceding the primary:
State Senators
Members of the State House of Representatives
All county offices."
Section 3.7.  G.S. 163-106(d) reads as rewritten:
"(d)	Notice of Candidacy for Certain Offices to Indicate Vacancy. – In any primary in which there are two vacancies for United States Senator from North Carolina or two or more vacancies for the office of district court judge to be filled by nominations, each candidate shall, at the time of filing notice of candidacy, file with the State Board of Elections a written statement designating the vacancy to which he seeks nomination. Votes cast for a candidate shall be effective only for his nomination to the vacancy for which he has given notice of candidacy as provided in this subsection.
A person seeking party nomination for a specialized district judgeship established under G.S. 7A-147 shall, at the time of filing notice of candidacy, file with the State Board of Elections a written statement designating the specialized judgeship to which he seeks nomination."
Section 3.8.  G.S. 163-107(a) reads as rewritten:
"(a)	Fee Schedule. – At the time of filing a notice of candidacy, each candidate shall pay to the board of elections with which he files under the provisions of G.S. 163-106 a filing fee for the office he seeks in the amount specified in the following tabulation: 
Office Sought	Amount of Filing Fee

Governor 	One percent (1%) of the annual
	  salary of the office sought
Lieutenant Governor 	One percent (1%) of the annual
	  salary of the office sought
All State executive offices 	One percent (1%) of the annual
	  salary of the office sought
All	One percent (1%) of the annual
  	  salary of the office sought
  District Court Judges,
  District Attorneys of the
  General Court of Justice
  United States Senator 	One percent (1%) of the annual
	  salary of the office sought
Members of the United States 	One percent (1%) of the annual
  House of Representatives 	  salary of the office sought
State Senator 	One percent (1%) of the annual
	  salary of the office sought
Member of the State House of 	One percent (1%) of the annual
  Representatives	  salary of the office sought
All county offices not 	One percent (1%) of the annual
  compensated by fees	  salary of the office sought
County commissioners, if 	Ten dollars ($10.00)
  compensated entirely by fees
Members of county board of 	Five dollars ($5.00)
  education, if compensated 
  entirely by fees
Sheriff, if compensated 	Forty dollars ($40.00), plus one
  entirely by fees 	  percent (1%) of the income of the
	  office above four thousand
	  dollars ($4,000)
Clerk of superior court, if 	Forty dollars ($40.00), plus one
  compensated entirely by fees 	  percent (1%) of the income of the
	  office above four thousand
	  dollars ($4,000)
Register of deeds, if 	Forty dollars ($40.00), plus one
  compensated entirely by fees 	  percent (1%) of the income of the
	  office above four thousand
	  dollars ($4,000)
Any other county office, if 	Twenty dollars ($20.00), plus one
  compensated entirely by fees	  percent (1%) of the income of the
	  office above two thousand dollars
	  ($2,000)
All county offices compensated 	One percent (1%) of the first
	  partly by salary and partly  	  annual salary to be received
  by fees	  (exclusive of fees).Section 3.9.  G.S. 163-107.1(b) reads as rewritten:
"(b)	If the candidate is seeking the office of United States Senator, Governor, Lieutenant Governor, or any State executive officer, the petition must be signed by 10,000 registered voters who are members of the political party in whose primary the candidate desires to run, except that in the case of a political party as defined by G.S. 163-96(a)(2) which will be making nominations by primary election, the petition must be signed by ten percent (10%) of the registered voters of the State who are affiliated with the same political party in whose primary the candidate desires to run, or in the alternative, the petition shall be signed by no less than 10,000 registered voters regardless of the voter's political party affiliation, whichever requirement is greater. The petition must be filed with the State Board of Elections not later than 12:00 noon on Monday preceding the filing deadline before the primary in which he seeks to run. The names on the petition shall be verified by the board of elections of the county where the signer is registered, and the petition must be presented to the county board of elections at least 15 days before the petition is due to be filed with the State Board of Elections. When a proper petition has been filed, the candidate's name shall be printed on the primary ballot."
Section 3.10.  G.S. 163-111(c)(1) reads as rewritten:
"(1)	A candidate who is apparently entitled to demand a second primary, according to the unofficial results, for one of the offices listed below, and desiring to do so, shall file a request for a second primary in writing or by telegram with the Executive Secretary-Director of the State Board of Elections no later than 12:00 noon on the seventh day (including Saturdays and Sundays) following the date on which the primary was conducted, and such request shall be subject to the certification of the official results by the State Board of Elections. If the vote certification by the State Board of Elections determines that a candidate who was not originally thought to be eligible to call for a second primary is in fact eligible to call for a second primary, the Executive Secretary-Director of the State Board of Elections shall immediately notify such candidate and permit him to exercise any options available to him within a 48-hour period following the notification:
Governor,
Lieutenant Governor,
All State executive officers,
District Court Judges or District Attorneys of the General Court of Justice, other than superior court judge,
United States Senators,
Members of the United States House of
Representatives,
State Senators in multi-county senatorial
districts, and
Members of the State House of Representatives
in multi-county representative districts.
Section 3.11.  G.S. 163-177 reads as rewritten:
"§ 163-177.  Disposition of duplicate abstracts.
Within six hours after the returns of a primary or election have been canvassed and the results judicially determined, the chairman of the county board of elections shall mail, or otherwise deliver, to the State Board of Elections the duplicate-original abstracts prepared in accordance with G.S. 163-176 for all offices and referenda for which the State Board of Elections is required to canvass the votes and declare the results including:
President and Vice-President of the United States
Governor, Lieutenant Governor, and all other State executive officers
United States Senators
Members of the House of Representatives of the United States Congress
Superior Court Judges, District Court Judges and District Attorneys of the General Court of Justice
State Senators in multi-county senatorial districts
Members of the State House of Representatives in multi-county representative districts
Constitutional amendments and propositions submitted to the voters of the State.
One duplicate abstract prepared in accordance with G.S. 163-176 for all offices and referenda for which the county board of elections is required to canvass the votes and declare the results (and which are listed below) shall be retained by the county board, which shall forthwith publish and declare the results; the second duplicate abstract shall be mailed to the chairman of the State Board of Elections, to the end that there be one set of all primary and election returns available at the seat of government.
All county offices
State Senators in single-county senatorial districts
Members of the State House of Representatives in single-county representative districts
Propositions submitted to the voters of one county.
If the chairman of the county board of elections fails or neglects to transmit duplicate abstracts to the chairman of the State Board of Elections within the time prescribed in this section, he shall be guilty of a misdemeanor.  Provided, that the penalty shall not apply if the chairman was prevented from performing the prescribed duty because of sickness or other unavoidable delay, but the burden of proof shall be on the chairman to show that his failure to perform was due to sickness or unavoidable delay."
Section 3.12.  G.S. 163-192 reads as rewritten:
"§ 163-192.  State Board of Elections to prepare abstracts and declare results of primaries and elections.
(a)	After Primary. – At the conclusion of its canvass of the primary election, the State Board of Elections shall prepare separate abstracts of the votes cast:
(1)	For Governor and all State officers, and United States Senators.
(2)	For members of the United States House of Representatives for the several congressional districts in the State.
(3)	For district court judges for the several district court districts in the State.
(3a)	For superior court judges for the several superior court districts in the State.
(4)	For district attorney in the several prosecutorial districts in the State.
(5)	For State Senators in the several senatorial districts in the State composed of more than one county.
(6)	For members of the State House of Representatives in the several representative districts in the State composed of more than one county.
Abstracts prepared by the State Board of Elections under this subsection shall state the total number of votes cast for each candidate of each political party for each of the various offices canvassed by the State Board of Elections.  They shall also state the name or names of the person or persons whom the State Board of Elections shall ascertain and judicially determine by the count to be nominated for each office.
Abstracts prepared under this subsection shall be signed by the members of the State Board of Elections in their official capacity and shall have the great seal of the State affixed thereto.
(b)	After General Election. – At the conclusion of its canvass of the general election, the State Board of Elections shall prepare abstracts of the votes cast:
(1)	For President and Vice-President of the United States, when an election is held for those offices.
(2)	For Governor and all State officers, and United States Senators.
(3)	For members of the United States House of Representatives for the several congressional districts in the State.
(4)	For district court judges for the several district court districts as defined in G.S. 7A-133 in the State.
(4a)	For superior court judges for the several superior court districts in the State.
(5)	For district attorney in the several prosecutorial districts in the State.
(6)	For State Senators in the several senatorial districts in the State composed of more than one county.
(7)	For members of the State House of Representatives in the several representative districts in the State composed of more than one county.
(8)	For and against any constitutional amendments or propositions submitted to the people.
Abstracts prepared by the State Board of Elections under this subsection shall state the names of all persons voted for, the office for which each received votes, and the number of legal ballots cast for each candidate for each office canvassed by the State Board of Elections.  They shall also state the name or names of the person or persons whom the State Board of Elections shall ascertain and judicially determine by the count to be elected to each office.
Abstracts prepared under this subsection shall be signed by the members of the State Board of Elections in their official capacity and shall have the great seal of the State affixed thereto.
(c)	Disposition of Abstracts of Returns. – The State Board of Elections shall file with the Secretary of State the original abstracts of returns prepared by it under the provisions of subsections (a) and (b) of this section, and also the duplicate county abstracts transmitted to the State Board of Elections under the provisions of G.S. 163-177.  Upon the request of the Legislative Services Office, the Secretary of State shall submit a copy of the original abstracts to that Office."
Section 3.13.  G.S. 163-194 reads as rewritten:
"§ 163-194.  Governor to issue commissions to certain elected officials.
Every person duly elected to one of the offices listed below, upon obtaining a certificate of his election from the Secretary of State under the provisions of G.S. 163-193, shall procure from the Governor a commission attesting his election to the specified office, which the Governor shall issue upon production of the Secretary of State's certificate:
Members of the United States House of Representatives,
Superior Court Judges, District Court Judges and District Attorneys of the General Court of Justice."
Section 3.14.  G.S. 163-1 is amended in the table by deleting the entries for "Justices and Judges of the Appellate Division".
Section 3.15.  G.S. 163-9 reads as rewritten:
"§ 163-9.  Filling vacancies in district judicial offices.
(a)	Vacancies occurring in the office of judge of the superior court for causes other than expiration of term shall be filled by appointment of the Governor. An appointee to the office of Justice of the Supreme Court or judge of the Court of Appeals shall hold office until January 1 next following the election for members of the General Assembly that is held more than 60 days after the vacancy occurs, at which time an election shall be held for an eight-year term and until a successor is elected and qualified.
(b)	Except for judges specified in the next paragraph of this subsection, an appointee to the office of judge of superior court shall hold his place until the next election for members of the General Assembly that is held more than 60 days after the vacancy occurs, at which time an election shall be held to fill the unexpired term of the office.
Appointees for judges of the superior court from any district:
(1)	With only one resident judge; or
(2)	In which no county is subject to section 5 of the Voting Rights Act of 1965,
shall hold the office until the next election of members of the General Assembly that is held more than 60 days after the vacancy occurs, at which time an election shall be held to fill an eight-year term.
(c)	When the unexpired term of the office in which the vacancy has occurred expires on the first day of January succeeding the next election for members of the General Assembly, the Governor shall appoint to fill that vacancy for the unexpired term of the office.
(d)	Vacancies in the office of district judge which occur before the expiration of a term shall not be filled by election. Vacancies in the office of district judge shall be filled in accordance with G.S. 7A-142."
Section 3.16.  Sections 3.1 through 3.15 of this act are effective only if the constitutional amendment proposed by Section 1 of this act is approved by the qualified voters in accordance with Section 2 of this act.
Section 4.  This act is effective when it becomes law.