North Carolina HB 129: Judge Joe John Nonpartisan Judicial Elections Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 129

Short Title: Judge Joe John Nonpartisan Jud. Elections Act. (Public)
Sponsors: Representatives Morey, Rubin, A. Jones, and Longest (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
February 18, 2025
*H129-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REENACT NONPARTISAN JUDICIAL ELECTIONS, TO MAKE 2
CONFORMING STATUTORY CHANGES RELATING TO REENACTMENT OF 3
NONPARTISAN JUDICIAL ELECTIONS, AND TO REESTABLISH PUBLIC 4
FINANCING FOR JUDICIAL CAMPAIGNS. 5
Whereas, Representative and former Court of Appeals Judge Joseph Robert (Joe) 6
John was a lifelong public servant and champion of an independent judiciary; and 7
Whereas, Judge John served the people of North Carolina at the highest levels in all 8
three branches of State government; and 9
Whereas, Judge John's broad experience informed his deep understanding of the 10
genius of the separation of powers; and 11
Whereas, Judge John was a man of integrity who understood the importance of a 12
judiciary free from fear or favor; and 13
Whereas, Judge John never wavered in his belief in the central role of a nonpartisan 14
judiciary in upholding our democracy; and 15
Whereas, his experience and values compelled Judge John to introduce a bill each 16
legislative session of his four terms to return North Carolina to the nonpartisan election of judges; 17
and 18
Whereas, the need to restore public confidence in an independent judiciary has never 19
been more urgent; Now, therefore, 20
The General Assembly of North Carolina enacts: 21
22
PART I. REENACT NONPARTISAN JUDICIAL ELECTIONS 23
SECTION 1.1. Chapter 163 of the General Statutes is amended by adding a new 24
Subchapter to read: 25
"SUBCHAPTER XI. ELECTION OF APPELLATE, SUPERIOR, AND DISTRICT 26
COURT JUDGES. 27
"Article 26. 28
"Nomination and Election of Appellate, Superior, and District Court Judges. 29
"§ 163-350. Applicability. 30
The nomination and election of justices of the Supreme Court, judges of the Court of Appeals, 31
and superior and district court judges of the General Court of Justice shall be as provided by this 32
Article. 33
"§ 163-351. Nonpartisan primary election method. 34

General Assembly Of North Carolina Session 2025
Page 2 House Bill 129-First Edition
(a) General. – Except as provided in G.S. 163-358, there shall be a primary to narrow the 1
field of candidates to two candidates for each position to be filled if, when the filing period closes, 2
there are more than two candidates for a single office or the number of candidates for a group of 3
offices exceeds twice the number of positions to be filled. If only one or two candidates file for 4
a single office, no primary shall be held for that office, and the candidates shall be declared 5
nominated. If the number of candidates for a group of offices does not exceed twice the number 6
of positions to be filled, no primary shall be held for those offices, and the candidates shall be 7
declared nominated. 8
(b) Determination of Nominees. – In the primary, the two candidates for a single office 9
receiving the highest number of votes, and those candidates for a group of offices receiving the 10
highest number of votes, equal to twice the number of positions to be filled shall be declared 11
nominated. If two or more candidates receiving the highest number of votes each receive the 12
same number of votes, the State Board shall determine their relative ranking by lot and shall 13
declare the nominees accordingly. The canvass of the primary shall be held on the same date as 14
the primary canvass fixed under G.S. 163-182.5. The canvass shall be conducted in accordance 15
with Article 15A of this Chapter. 16
(c) Determination of Election Winners. – In the election, the names of those candidates 17
declared nominated without a primary and those candidates nominated in the primary shall be 18
placed on the ballot. The candidate for a single office receiving the highest number of votes shall 19
be elected. Those candidates for a group of offices receiving the highest number of votes, equal 20
in number to the number of positions to be filled, shall be elected. If two candidates receiving the 21
highest number of votes each received the same number of votes, the State Board shall determine 22
the winner by lot. 23
"§ 163-352. Notice of candidacy. 24
(a) Form of Notice. – Each person offering to be a candidate for election shall do so by 25
filing a notice of candidacy with the State Board in the following form, inserting the words in 26
parentheses when appropriate: 27
28
Date: _______________________________ 29
30
I hereby file notice that I am a candidate for election to the office of __________ in the 31
regular election to be held _____________, ____. 32
33
Signed: _____________________________ 34
(Name of Candidate) 35
36
Witness: ________________________________________