North Carolina. Secretary of State.

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(2) Extra sef<f<'ionfi on le(jislative call. The President of the
Senate and the Speaker of the House of Representatives shall con-
vene the General Assembly in extra session by their joint procla-
mation upon receipt by the President of the Senate of written re-
quests therefor signed by three-fifths of all the members of the
Senate and upon receipt by the Speaker of the House of Repre-
sentatives of written requests therefor signed by three-fifths of all
the members of the House of Representatives.

Sec. 12. Oath of )ne}}ibers. Each member of the General As-
sembly, before taking his seat, sliall take an oath or affirmation that
he will support the Constitution and laws of the United States and
the Constitution of the State of North Carolina, and will faithfully
discharge his duty as a member of the Senate or House of Repre-
sentatives.

Sec. 13. Preside nt of the Senate. The Lieutenant Governor shall
be President of the Senate and shall preside over the Senate, but
shall have no vote unless the Senate is equally divided.

Sec. 14. Other officers of the Senate.

(1) President Pro Tempore - succession to presidency. The Sen-
ate shall elect from its membership a President Pro Tempore, who
shall become President of the Senate upon the failui'e of the Lieu-
tenant Governor-elect to qualify, or upon succession by the Lieu-
tenant Governor to the office of Governor, or upon the death, resig-
nation, or removal from office of the President of the Senate, and
who shall serve until the expiration of his term of office as Senator.

(2) President Pro Teinpore-temporary succession. During the
physical or mental incapacity of the President of the Senate to per-
form the duties ot his office, or during the absence of the President
of the Senate, the President Pro Tempore shall preside over the
Senate.

(3) Other officers. The Senate shall elect its other officers.



Constitution 57

Sec. 15. Officers of the House of Representatives. The House of
Representatives shall elect its Speaker and other officers.

Sec. 16. Compe)isatio)i a}id alloivances. The members and officers
of the General Assembly shall receive for their services the com-
pensation and allowances prescribed by law. An increase in the
compensation or allowances of members shall become effective at
the beginning of the next regular session of the General Assembly
following the session at which it was enacted.

Sec. 17. Journals. Each house shall keep a journal of its pro-
ceedings, which shall be printed and made public immediately after
the adjournment of the General Assembly.

Sec. 18. Protests. Any member of either house may dissent from
and protest against any act or resolve which he may think injurious
to the public or to any individual, and have the reasons of his dissent
entered on the journal.

Sec. 19. Record votes. Upon motion made in either house and
seconded by one fifth of the members present, the yeas and nays
upon any question shall be taken and entered upon the journal.

Sec. 20. Povjers of the General Assembly. Each house shall be
judge of the qualifications and elections of its own members, shall
sit upon its own adjournment from day to day, and shall prepare
bills to be enacted into laws. The two houses may jointly adjourn
to any future day or other place. Either house may, of its own
motion, adjourn for a period not in excess of three days.

Sec. 21. Style of the acts. The style of the acts shall be: "The
General Assembly of North Carolina enacts:".

Sec. 22. Action on bills. All bills and resolutions of a legislative
nature shall be read three times in each house before they become
laws, and shall be signed by the presiding officers of both houses.

Sec. 23. Revenue bills. No law shall be enacted to raise money
on the credit of the State, or to pledge the faith of the State directly
or indirectly for the payment of any debt, or to impose any tax
upon the people of the State, or to allow the counties, cities, or
towns to do so, unless the bill for the purpose shall have been read
three several times in each house of the General Assembly and



58 North Carolina Manual

passed three several readinjjs, which readings shall have been on
three different days, and shall have been agreed to by each house
respectively, and unless the yeas and nays on the second and third
readings of the bill shall have been entered on the journal.

Sec. 24. Limitations on local, private, and special legislation.
(1) Prohibited subjects. The General Assembly shall not enact
any local, private, or special act or resolution:

(a) Relating to health, sanitation, and the abatement of nuis-
ances;

(b) Changing the names of cities, towns, and townships;

(c) Authorizing the laying out, opening, altering, maintaining,
or discontinuing of highways, streets, or alleys;

(d) Relating to ferries or bridges;

(e) Relating to non-navigable streams;

(f) Relating to cemeteries;

(g) Relating to the pay of jurors;

(h) Erecting new townships, or changing township lines, or
establishing or changing the lines of school districts;

(i) Remitting fines, penalties, and forfeitures, or refunding
moneys legally paid into the public treasury;

(j) Regulating labor, trade, mining, or manufacturing;

(k) Extending the time for the levy or collection of taxes or
otherwise relieving any collector of taxes fi'om the due per-
formance of his official duties or his sureties from liability;

(1) Giving effect to informal wills and deeds;

(m) Granting a divorce or securing alimony in any individual
case;

(n) Altering the name of any person, or legitimating any person
not born in lawful wedlock, or restoring to the rights of
citizenship any person convicted of a felony.

(2) Repeals. Nor shall the General Assembly enact any such
local, private, or special act by the partial repeal of a general law;
but the General Assembly may at any time repeal local, private, or
special laws enacted by it.

(3) Prohibited acts void. Any local, private, or special act or



Constitution 59

resolution enacted in violation of the provisions of this Section
shall be void.

(4) General laws. The General Assembly may enact general laws
regulating the matters set out in this Section.



ARTICLE III

EXECUTIVE

Section 1. Executive power. The executive power of the State
shall be vested in the Governor.

Sec. 2. Governor and Lieutenant Governor: election, term, and
qualifications.

(1) Election and term. The Governor and Lieutenant Governor
shall be elected by the qualified voters of the State in 1972 and every
four years thereafter, at the same time and places as members of
the General Assembly are elected. Their term of office shall be four
years and shall commence on the first day of January next after
their election and continue until their successors are elected and
qualified.

(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 either of these two offices shall be eligible for
election to the next succeeding term of the same office.

Sec. 3. Succession to office of Governor.

(1) Succession as Governor. The Lieutenant Governor-elect shall
become Governor upon the failure of the Governor-elect to qualify.
The Lieutenant Governor shall become Governor upon the death,
resignation, or removal from office of the Governor. The further
order of succession to the office of Governor shall be prescribed by
law. A successor shall serve for the remainder of the term of the
Governor whom he succeeds and until a new Governor is elected
and qualified.

(2) Succession as Acting Governor. During the absence of the



60 North Carolina Manual

Governoi' from the State, or duririfj; the physical or mental in-
capacity of the Ciovernor to perform the duties of his office, the
Lieutenant Governor shall be Acting- Governor. The further order
of succession as Acting- Governor shall be prescribed by lav^^.

(3) Physical 'nicapuciti/. The Governor may, by a written state-
ment filed with the Attorney General, declare that he is physically
incapable of performing: the duties of his office, and may thereafter
in the same manner declare that he is physically capable of perform-
ing; the duties of his office.

(4) Mental iucapacity. The mental incapacity of the Governor to
perform the duties of his office shall be determined only by joint
resolution adopted by a vote of two-thirds of all the members of
each house of the General Assembly. Thereafter, the mental ca-
pacity of the Governor to perform the duties of his office shall be
determined only by joint resolution adopted by a vote of a majority
of all the members of each house of the General Assembly. In all
cases, the General Assembly shall give the Governor such notice as
it may deem proper and shall allow him an opportunity to be heard
before a joint session of the General Assembly before it takes final
action. When the General Assembly is not in session, the Council
of State, a majority of its members concurring, may convene it in
extra session for the purpose of proceeding under this paragraph.

(5) Impeachment. Removal of J^he Governor from office for any
other cause shall be by impeachment.

Sec. 4. Oath of offiice for Governor. The Governor, before enter-
ing upon the duties of his office, shall, before any Justice of the
Supreme Court, take an oath or affirmation that he will support
the Constitution and laws of the United States and of the State of
North Carolina, and that he will faithfully perform the duties
pertaining to the office of Governor.

Sec. 5. Duties of Governor.

(1) Residence. The Governor shall reside at the seat of govern-
ment of this State.

(2) Information to General Assemhhj. The Governor shall from
time to time give the General Assembly information of the affairs
of the State and recommend to their consideration such measures
as he shall deem expedient.



Constitution 61

(3) Budget. The Governor shall prepare and recommend to the
General Assembly a comprehensive budget of the anticipated reve-
nue and proposed expenditures of the State for the ensuing fiscal
period. The budget as enacted by the General Assembly shall be
administered by the Governor.

(4) Execution of laivs. The Governor shall take care that the
laws be faithfully executed.

(5) Commander in Chief. The Governor shall be Commander in
Chief of the military forces of the State except when they shall be
called into the service of the United States.

(6) Clemency. The Governor may grant reprieves, commuta-
tions, and pardons, after conviction, for all offenses (except in
cases of impeachment), upon such conditions as he may think pro-
per, subject to regulations prescribed by law relative to the manner
of applying for pardons. The terms reprieves, commutations, and
pardons shall not include paroles.

(7) Extra sessions. The Governor may, on extraordinary oc-
casions, by and with the advice of the Council of State, convene
the General Assembly in extra session by his proclamation, stating
therein the purpose or purposes for which they are thus convened.

(8) Appointments. The Governor shall nominate and by and
with the advice and consent of a majority of the Senators appoint
all offiicers whose appointments are not otherwise provided for.

(9) Information. The Governor may at any time require infor-
mation in writing from the head of any administrative department
or agency upon any subject relating to the duties of his office.

(10) Administrative reorganization. The General Assembly shall
prescribe the functions, powers, and duties of the administrative
departments and agencies of the State and may alter them from
time to time, but the Governor may make such changes in the al-
location of offices and agencies and in the allocation of those func-
tions, powers, and duties as he considers necessary for efficient
administration. If those changes affect existing law, they shall be
set forth in executive orders, which shall be submitted to the Gen-
eral Assembly not later than the sixtieth calendar day of its session,
and shall become effective and shall have the force of law upon
adjournment sine die of the session, unless specifically disapproved
by resolution of either house of the General Assembly or specifically



62 North Carolina Manual

modified by joint resolution of both houses of the General Assem-
bly.

Sec. 6. Duties of the Lieutenant Governor. The Lieutenant
Governor shall be President of the Senate, but shall have no vote
unless the Senate is equally divided. He shall perform such addi-
tional duties as the General Assembly or the Governor may assign
to him. He shall receive the compensation and allowances pre-
scribed by law.

Sec. 7. Other elective officers.

(1) Officers. A Secretary of State, an Auditor, a Treasurer, a
Superintendent of Public Instruction, an Attorney General, a
Commissioner of Agriculture, a Commissioner of Labor, and a Com-
missioner of Insurance shall be elected by the qualified voters of the
State in 1972 and every four years thereafter, at the same time and
places as members of the General Assembly are elected. Their term
of office shall be four years and shall commence on the first day of
January next after their election and continue until their successors
are elected and qualified.

(2) Duties. Their respective duties shall be prescribed by law.

(3) Vacancies. If the office of any of these officers is vacated by
death, resignation, or otherwise, it shall be the duty of the Gov-
ernor to appoint another to serve until his successor is elected and
qualified. Every such vacancy shall be filled by election at the first
election for members of the General Assembly that occurs more
than 30 days after the vacancy has taken place, and the person
chosen shall hold the office for the remainder of the unexpired term
fixed in this Section. When a vacancy occurs in the office of any of
the officers 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.

(4) Interim officers. 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 interim
officer to perform the duties of that office until a person is appoint-
ed or elected pursuant to this Section to fill the vacancy and is
qualified.



Constitution 63

(5) Acting officers. During the physical or mental incapacity
of any one of these officers to perform the duties of his office, as
determined pursuant to this Section, the duties of his office shall be
performed by an acting officer who shall be appointed by the Gov-
ernor.

(6) Determination of mcapacity. The General Assembly shall
by law prescribe with respect to those officers, other than the Gov-
ernor, whose offices are created by this Article, procedures for de-
termining the physical or mental incapacity of any officer to perform
the duties of his office, and for determining whether an officer who
has been temporarily incapacitated has sufficiently recovered his
physical or mental capacity to perform the duties of his office. Re-
moval of those officers from office for any other cause shall be by
impeachment.

Sec. 8. Council of State. The Council of State shall consist of the
officers whose offices are established by this Article.

Sec. 9. Compensation and allowances. The officers whose offices
are establishd by this Article shall at stated periods receive the
compensation and allowances prescribed by law, which shall not be
diminished during the time for which they have been chosen.

Sec. 10. Seal of State. There shall be a seal of the State, which
shall be kept by the Governor and used by him as occasion may re-
quire, and shall be called "The Great Seal of the State of North
Carolina". All grants and commissions shall be issued in the name
and by the authority of the State of North Carolina, sealed with
"The Great Seal of the State of North Carolina", and signed by the
Governor.

Sec. 11. Administrative departments. Not later than July 1,
1975, all administrative departments, agencies, and offices of the
State and their respective functions, powers, and duties shall be
allocated by law among and within not more than 25 principal ad-
ministrative departments so as to group them as far as practicable
according to major purposes. Regulatory, quasi-judicial, and tem-
porary agencies may, but need not, be allocated within a principal
department.



64 North Carolina Manual

ARTICLE IV

JUDICIAL

Section 1. Judicial poiver. The judicial power of the State shall,
except as provided in Section 3 of this Article, be vested in a Court
for the Trial of Impeachments and in a General Court of Justice.
The General Assembly shall have no power to deprive the judicial
department of any power or jurisdiction that rightfully pertains
to it as a co-ordinate department of the government, nor shall it
establish or authorize any courts other than as permitted by this
Article.

Sec. 2. General Court of Jm^tice. The General Court of Justice
shall constitute a unified judicial system for purposes of jurisdic-
tion, operation, and administration, and shall consist of an Appellate
Division, a Superior Court Division, and a District Court Division.

Sec. 3. Judicial powers of administrative agencies. The General
Assembly may vest in administrative agencies established pursuant
to law such judicial powers as may be reasonably necessary as an
incident to the accomplishment of the purposes for which the
agencies were created. Appeals from administrative agencies shall
be to the General Court of Justice.

Sec. 4. Court for the Trial of Impeachments. The House of
Representatives solely shall have the power of impeaching. The
Court for the Trial of Impeachments shall be the Senate. When
the Governor or Lieutenant Governor is impeached, the Chief
Justice shall preside over the Court. A majority of the members
shall be necessary to a quorum, and no person shall be convicted
without the concurrence of two-thirds of the Senators present.
Judgment upon conviction shall not extend beyond removal from
and disqualification to hold office in this State, but the pai'ty shall
be liable to indictment and punishment according to law.

Sec. 5. Appellate division. The Appellate Division of the General
Court of Justice shall consist of the Supreme Court and the Court
of Appeals.

Sec. 6. Supreme Court.

(1) Membership). The Supreme Court shall consist of a Chief



Constitution 65

Justice and six Associate Justices, but the General Assembly may
increase the number of Associate Justices to not more than eight.
In the event the Chief Justice is unable, on account of absence or
temporary incapacity, to perform any of the duties placed upon
him, the senior Associate Justice available may discharge those
duties.

(2) Sesswihs of the Supreme Court. The sessions of the Supreme
Court shall be held in the City of Raleigh unless otherwise provided
by the General Assembly.

Sec. 7. Court of Appeals. The structure, organization, and com-
position of the Court of Appeals shall be determined by the Gen-
eral Assembly. The Court shall have not less than five members,
and may be authorized to sit in divisions, or other than en banc.
Sessions of the Court shall be held at such times and places as the
General Assembly may prescribe.

Sec. 8. Retirement of Justices and Judges. The General Assem-
bly shall provide by general law for the retirement of Justices and
Judges of the General Court of Justice, and may provide for the
temporary recall of any retired Justice or Judge to serve on the
court from which he was retired.

Sec. 9. Superior Courts.

(1) Superior Court districts. The General Assembly shall, from
time to time, divide the State into a convenient number of Superior
Court judicial districts and shall provide for the election of one or
more Superior Court Judges for each district. Each regular Su-
perior Court Judge shall reside in the district for which he is
elected. The General Assembly may provide by general law for the
selection or appointment of special or emergency Superior Court
Judges not selected for a particular judicial district.

(2) Open at all times; sessions for trial of cases. The Superior
Courts shall be open at all times for the transaction of all business
except the trial of issues of fact requiring a jury. Regular trial
sessions of the Superior Court shall be held at times fixed pursuant
to a calendar of courts promulgated by the Supreme Court. At
least two sessions for the trial of jury cases shall be held annually
in each county.



66 North Carolina Manual

(3) Clerks. A Clerk of the Superior Court for each county
shall be elected for a term of four years by the qualified voters
thereof, at the same time and places as members of the General
Assembly are elected. If the office of Clerk of the Superior Court
becomes vacant otherwise than by the expiration of the term, or if
the people fail to elect, the senior rejjfular resident Judge of the
Superior Court serving the county shall appoint to fill the vacancy
until an election can be regularly held.

Sec. 10. District Courts. The General Assembly shall, from
time to time, divide the State into a convenient number of local
court districts and shall prescribe where the District Courts shall
sit, but a District Court must sit in at least one place in each
county. District Judges shall be elected for each district for a term
of four years, in a manner prescribed by law. When more than
one District Judge is authorized and elected for a district, the Chief
Justice of the Supreme Court shall designate one of the judges as
Chief District Judge. Every District Judge shall reside in the
district for which he is elected. For each county, the senior regular
resident Judge of the Superior Court serving the county shall ap-
point for a term of two years, from nominations submitted by the
Clerk of the Superior Court of the county, one or more Magistrates
who shall be officers of the District Court. The number of District
Judges and Magistrates shall, from time to time, be determined by
the General Assembly. Vacancies in the office of District Judge shall
be filled for the unexpired term in a manner prescribed by law.
Vacancies in the office of Magistrate shall be filled for the unexpired
term in the manner provided for original appointment to the office.

Sec. 11. Assig)ime)it of Judges. The Chief Justice of the Su-
preme Court, acting in accordance with rules of the Supreme
Court, shall make assignments of Judges of the Superior Court and
may transfer District Judges from one district to another for tem-
porary or specialized duty. The principle of rotating Superior Court
Judges among the various districts of a division is a salutary one
and shall be observed. For this purpose the General Assembly
may divide the State into a number of judicial divisions. Subject
to the general supervision of the Chief Justice of the Supreme
Court, assignment of District Judges within each local court district
shall be made by the Chief District Judge.



Constitution 67

Sec. 12. Jurisdiction of the General Court of Justice.

(1) Supreme Court. The Supreme Court shall have jurisdiction
to review upon appeal any decision of the courts below, upon any
matter of law or legal inference. The jurisdiction of the Supreme
Court over "issues of fact" and "questions of fact" shall be the
same exercised by it prior to the adoption of this Article, and the
Court may issue any remedial writs necessary to give it general
supervision and control over the proceedings of the other courts.

(2) Court of Appeals. The Court of Appeals shall have such
appellate jurisdiction as the General Assembly may prescribe.

(3) Superior Court. Except as otherwise provided by the Gen-
eral Assembly, the Superior Court shall have original general
jurisdiction throughout the State. The Clerks of the Superior Court
shall have such jurisdiction and powers as the General Assembly
shall prescribe by general law uniformly applicable in every county
of the State.

(4) District Courts; Magistrates. The General Assembly shall,
by general law uniformly applicable in every local court district
of the State, prescribe the jurisdiction and powers of the District



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