Ensure Constitutional Government.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 678

Short Title: Ensure Constitutional Government. (Public)
Sponsors: Representative Blust.
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 3, 2025
*H678-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO AMEND THE NORTH CAROLINA CONST ITUTION TO PROVIDE T HAT 2
THE GOVERNOR DOES NO T HAVE STATEWIDE EME RGENCY POWERS WHICH 3
PERMIT HIM TO RULE B Y DECREE FOR AN INDE FINITE PERIOD OF TIM E, TO 4
PROTECT THE CONSTITUTIONAL RIGHTS OF THE PEOPLE DURING A STATE OF 5
EMERGENCY, TO TRIGGE R A SPECIAL SESSION OF THE NORTH CAROLIN A 6
GENERAL ASSEMBLY UPO N THE CALLING BY THE GOVERNOR OF A 7
STATEWIDE STATE OF E MERGENCY, TO RESTORE THE ACTUAL INTENT O F 8
THE EMERGENCY MANAGE MENT ACT, AND TO REQ UIRE GENERAL 9
ASSEMBLY APPROVAL OF EMERGENCY MEASURES LASTING MORE THAN 10
TWO WEEKS. 11
Whereas, the Constitution of the United States and the Constitution of North Carolina 12
guarantee inalienable rights of the people such as the right to peacefully assemble, freedom of 13
religion, and several other rights; and 14
Whereas, Article I, Section 6 of the North Carolina Constitution guarantees the 15
separation of powers between the legislative, executive, and judicial branches; and 16
Whereas, Article I, Section 7 of the North Carolina Cons titution provides that "All 17
power of suspending laws or the execution of laws by any authority, without the consent of the 18
representatives of the people, is injurious to their rights and shall not be exercised."; and 19
Whereas, Article I, Section 19 of the N orth Carolina Constitution guarantees all 20
people the equal protection of the law; and 21
Whereas, Article I, Section 21 of the North Carolina Constitution provides that "Every 22
person restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and 23
to remove the restraint if unlawful, and that remedy shall not be denied or delayed."; and 24
Whereas, Article II, Section 1 of the North Carolina Constitution provides that all 25
"legislative power of the State shall be vested in the General Assembly"; and 26
Whereas, the Governor only has those emergency powers expressly granted by the 27
General Assembly in the Emergency Management Act, G.S. 166A-19, et. seq., which is statutory 28
only and cannot be used to indefinitely suspend rights guaranteed to the people under the federal 29
and State constitutions and which requires approval of the Council of State before most 30
gubernatorial measures can be implemented; and 31
Whereas, during the COVID -19 pandemic, the Governor of North Carolina used a 32
state of emergency to rule by decree for over a year; and 33
General Assembly Of North Carolina Session 2025
Page 2 House Bill 678-First Edition
Whereas, the Governor, through executive orders, deprived people of the enjoyment 1
of many constitutional rights, such as the right to peacefully assembly, to worship freely, to 2
educate their children, and to be gainfully employed to earn a living and pay their bills; and 3
Whereas, this abuse of power by the Governor threw thousands of people out of work, 4
closed many businesses (while leaving others open without explanation), implemented curfews, 5
implemented mandates, closed churches, closed schools, prohibited the gathering of 10 or more 6
persons, required people to stay home, and other abuses; and 7
Whereas, these orders deprived people of work and livelihoods, caused many 8
businesses to fail, often resulting in the des truction of people's lifetime work and dreams, 9
deprived children of their education and kept them separated from friends, harmed the mental 10
health of thousands, and did incalculable additional damage to the State and its people; and 11
Whereas, the irreparable damage done by the Governor was not based on science but 12
upon the whims of the Governor in violation of the North Carolina Constitution which vests all 13
legislative power of the State in the General Assembly and which protects the fundamental rights 14
of the people; and 15
Whereas, these executive orders were in violation of the Emergency Management 16
Act, which requires the consent of the Council of State before the Governor can take such actions; 17
and 18
Whereas, the Governor did not provide the scientific basis for many executive orders 19
issued under the guise of fighting COVID -19 and the Governor never cited any constitutional 20
authority for these actions; and 21
Whereas, these actions by the Governor, which severely damaged the State and its 22
people, were without benefit and did not have the claimed effect against COVID-19; and 23
Whereas, other states that did not shut down or which took actions far less draconian 24
and of much shorter duration than the Governor took in North Carolina did just as well or better 25
against COVID-19 than experienced in this State; Now, therefore, 26
The General Assembly of North Carolina enacts: 27
SECTION 1.(a) Section 5 of Article III of the North Carolina Constitution is 28
amended by adding a new subsection to read: 29
"(10a) Limitation. Nothing in this section, Article, or Constitution shall be const rued to 30
empower the Governor with emergency powers beyond those expressly granted to the Governor, 31
as prescribed by law passed by the General Assembly . Emergency powers granted to the 32
Governor shall be strictly construed and may not be used to infringe on or deny the rights of the 33
people guaranteed in this Constitution and the Constitution of the United States. No actions by 34
the Governor exercising emergency powers prescribed by law may last mo re than two weeks 35
unless ratified by a joint resolution passed by a majority of the members of each house of the 36
General Assembly present and voting in an emergency session convened as provided under 37
Section 11 of Article II of this Constitution." 38
SECTION 1.(b) Section 11 of Article II of the North Carolina Constitution is 39
amended by adding a new subsection to read: 40
"(3) Emergency sessions. Upon the declaration of a state of emergency by the Governor, 41
the General Assembly shall go into an emergency session beginning seven days after the effective 42
date of the statewide state of emergency, Sundays and State and federal holidays excepted." 43
SECTION 1.(c) The amendments set out in subsections (a) and (b) of this section 44
shall be submitted to the qualified voters of the State at the statewide general election to be held 45
on November 3, 2026, which election shall be conducted in accordance with the laws governing 46
elections at that time. The question to be used in the voting systems and ballots shall be: 47
"[ ] FOR [ ] AGAINST 48
Constitutional amendment to limit, under a state of emergency, both the scope of 49
executive action by the Governor with respect to Constitutional rights and the length executive 50
actions by the Governor remain valid unless ratified by the General Assembly." 51
General Assembly Of North Carolina Session 2025
House Bill 678-First Edition Page 3
SECTION 1.(d) The State Board of Elections shall certify the results of the 1
referendum conducted under subsection (c) of this sec tion. If a majority of votes cast on the 2
question are in favor of the amendments set out in subsections (a) and (b) of this section, the 3
Secretary of State shall enroll the amendments among the permanent records of that office. If a 4
majority of votes cast on the question are against the amendments set out in subsections (a) and 5
(b) of this section, the amendments shall have no effect. 6
SECTION 1.(e) If the certification from the State Board of Elections under 7
subsection (d) of this section reflects that a majority of votes cast on the question are in favor of 8
the amendments set out in subsections (a) and (b) of this section, the amendments set out in 9
subsections (a) and (b) of this section are effective upon certification. 10
SECTION 2.(a) G.S. 166A-19.20 reads as rewritten: 11
"§ 166A-19.20. Gubernatorial or legislative declaration of state of emergency. 12
(a) Declaration. – A state of emergency may be declared by the Governor or by a 13
resolution of the General Assembly, if either of these finds that an emergency exists. 14
(b) Emergency Area. – An executive order or resolution declaring a state of emergency 15
shall include a definition of the area constituting the emergency area. 16
(c) Expiration of States of Emergency. – A state of emergency declared pursuant to this 17
section shall expire as follows: 18
(1) If not a statewide emergency area, when it is rescinded by the authority that 19
issued it. 20
(2) If a statewide emergency area, 30 seven calendar days after issuance without 21
a concurrence of the Council of State. A declaration of emergency may not be 22
continued without the concurrence of the Council of State. If the Council of 23
State concurs with the declaration of emergency, the declaration of emergency 24
shall expire 60 14 calendar days after issuance, unless the General Assembly 25
extends the declaration of emergency by enactment of a general law. If the 26
General Assembly does not extend the declaration of emergency by enactment 27
in accordance with this subdivision, the Governor shall not issue a 28
substantially similar declaration of emergency arising from the same events 29
that formed the basis to issue the initial declaration of emergency that was not 30
extended. 31
(c1) Effect of Failure of Concurrence of the Council of State. – If the concurrence of the 32
Council of State fails with the iss uance or continuation of a declaration of emergency under 33
subdivision (c)(2) of this section, the Governor shall not issue the same or any other substantially 34
similar declarations of emergency based on the same emergency. 35
(c2) Multiple Declarations to Avoi d Concurrence of Council of State. – If the Governor 36
declares more than one state of emergency based on the same emergency that would extend the 37
application of the emergency area, when combined, to more than two -thirds of the counties in 38
the State, the Governor shall obtain the concurrence of the Council of State in accordance with 39
subdivision (c)(2) of this section for each declaration of emergency. 40
(d) Exercise of Powers Not Contingent on Declaration of Disaster Type. – Once a state 41
of emergency has been declared pursuant to this section, the fact that a declaration of disaster 42
type has not been issued shall not preclude the exercise of powers otherwise conferred during a 43
state of emergency. 44
(e) Extra Session; Emergency Transportation Expenditures. – The G eneral Assembly 45
considers a determination by the Secretary of Transportation under G.S. 136-44.2E(f) that 46
anticipated emergency expenses will exceed the funds in the Transportation Emergency Reserve 47
within the meaning of the term "extraordinary occasions," and therefore the Governor is 48
authorized to convene the General Assembly in Extra Session under Section 5(7) of Article III 49
of the North Carolina Constitution. The General Assembly strongly urges the Governor to 50
convene the General Assembly in Extra Session within 14 days of notice by the Secretary under 51
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Page 4 House Bill 678-First Edition
G.S. 136-44.2E(f) for the purpose of appropriating funds from the Savings Reserve to the 1
Emergency Reserve to address the transportation needs of the State necessitated by a major 2
disaster." 3
SECTION 2.(b) This section is effective when it becomes law and applies to states 4
of emergency declared on or after that date. 5
SECTION 3. Except as otherwise provided, this act is effective when it becomes 6
law. 7