State Bd of Elections/Independent Agency.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 1233

Short Title: State Bd of Elections/Independent Agency. (Public)
Sponsors: Representatives Hawkins, Morey, Greenfield, and Harrison (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
June 1, 2026
*H1233-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REESTABLIS H THE NORTH CAROLINA STATE BOARD OF ELEC TIONS 2
AS AN INDEPENDENT ST ATE AGENCY WITH APPO INTMENTS BY THE 3
GOVERNOR AND TO MAKE VARIOUS CONFORMING CHANGES. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. Section 3A.2 of S.L. 2024-57 is repealed. 6
SECTION 2.(a) The North Carolina State Board of Elections shall exercise all its 7
prescribed statutory powers, duties, and functions as an independent State agency. The budgeting 8
functions that were transferred t o the State Auditor by Type II transfer, as described in 9
G.S. 143A-6, pursuant to Section 3A.2 of S.L. 2024 -57, shall not be performed under the 10
direction and supervision of the State Auditor but shall be transferred to the State Board of 11
Elections and performed under the direction and supervision of the State Board of Elections. 12
SECTION 2.(b) No action or proceeding pending on July 1, 2027, brought by or 13
against the State Board of Elections shall be affected by any provision of this section. Any 14
business or other matter undertaken or commanded by any State program or office or contract 15
transferred by this section pertaining to or connected with the functions, powers, obligations, and 16
duties set forth herein, which is pending on July 1, 2027, may be conducted and completed in the 17
same manner and under the same terms and conditions and with the same effect as if conducted 18
and completed by the original program, office, or commissioners or directors thereof. 19
SECTION 2.(c) The transition provided for under this section shall not affect any 20
ongoing investigation or audit. Prosecutions for offenses or violations committed before July 1, 21
2026, are not abated or affected by this section. 22
SECTION 2.(d) Rules and forms adopted by the State Board of Elections shall 23
remain in effect until amended or repealed. 24
SECTION 2.(e) G.S. 163-28, as reenacted by Section 1 of this act, reads as rewritten: 25
"§ 163-28. State Board of Elections independent agency. 26
The State Board shall be administratively located within, and supported administratively by, 27
the Department of the Secretary of State. not be placed within any princip al administrative 28
department. The State Board shall exercise its statutory powers, duties, functions, and authority 29
independently from authority of the Secreta ry of State. and shall have all powers and duties 30
conferred upon the heads of principal departments under G.S. 143B-10." 31
SECTION 2.(f) This section becomes effective July 1, 2027. 32
SECTION 3. Section 3A.3(b) of S.L. 2024-57 is repealed. 33
SECTION 4. G.S. 163-19 reads as rewritten: 34
"§ 163-19. State Board of Elections; appointment; term of office; vacancies; oath of office. 35
General Assembly Of North Carolina Session 2025
Page 2 House Bill 1233-First Edition
(a) There is established the State Board of Elections, which may be referred to as the 1
"State Board" in this Chapter. 2
(b) The State Board shall consist of five registered voters whose terms of office shall 3
begin on May 1 of the year following the election of the President of the United States and shall 4
continue for four years, and until their successors are appointed and qualified. The State Auditor 5
Governor shall appoint the members of the State Board and likewise shall appoint their 6
successors at the expiration of each four -year term. Not more than three members of the State 7
Board shall be members of the same political party. The State Auditor Governor shall appoint 8
the members from a list of nominees submitted to the State Auditor Governor by the State party 9
chair of each of the two political parties having the highest number of registered affiliates as 10
reflected by the latest registration statistics published by the State Board. Each State party chair 11
shall submit a list of four nominees who are affiliated with that political party. No person may 12
serve more than two full consecutive four-year terms. 13
(c) Any vacancy occurring in the State Board shall be filled by the State Auditor, 14
Governor, and the person so appointed shall serve the remainder of the unexpired term. The State 15
Auditor Governor shall fill the vacancy from a list of three nominees submitted to the State 16
Auditor Governor by the State party chair of the political party that nominated the vacating 17
member as provided in subsection (b) of this section. The State party chair shall submit a list of 18
three nominees who are affiliated with that political party. 19
…." 20
SECTION 5. G.S. 163-20(d) reads as rewritten: 21
"(d) Quorum. – A majority of the members constitutes a quorum for the transaction of 22
business by the State Board. If any member of the State Board fails to attend a meeting, and by 23
reason thereof there is no quorum, the members present shall adjourn from day to day for not 24
more than three days, by the end of which time, if there is no quorum, the State Auditor Governor 25
may summarily remove any member failing to attend and appoint a successor." 26
SECTION 6. G.S. 163-30(a) reads as rewritten: 27
"(a) In every county of the State there shall be a county board of elections, which may be 28
referred to as "county board" in this Chapter. Each county board shall consist of five persons of 29
good moral character who are registered voters in the county in which they are to act. Four 30
members of each county board shall be appointed by the State Board on the last Tuesday in June 31
of each odd -numbered year and shall continue to serve until successors are appointed and 32
qualified. One member of ea ch county board shall be appointed by the State Auditor Governor 33
to be the chair of the county board on the last Tuesday in June of each odd -numbered year and 34
that member's term of office shall continue until a successor is appointed and qualified. Of the 35
appointments to each county board by the State Board, two members each shall belong to the 36
two political parties having the highest number of registered affiliates as reflected by the latest 37
registration statistics published by the State Board." 38
SECTION 7. Notwithstanding any other provision of law, the current terms of office 39
of the members of the State Board of Elections shall terminate on April 30, 2027, and members 40
shall be appointed to the State Board of Elections in accordance with G.S. 163-19, as amended 41
by Section 4 of this act, for a term to begin May 1, 2027. 42
SECTION 8. Notwithstanding any other provision of law, the current terms of office 43
of the members of the county boards of elections shall terminate on June 29, 2027, and members 44
of each county board of elections shall be appointed in accordance with G.S. 163-30, as amended 45
by Section 6 of this act, for a term beginning on June 30, 2027. 46
SECTION 9. Except as otherwise provided, this act is effective when it becomes 47
law. 48