North Carolina HB 85: Revise Use of Alcohol Concentration Result.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 85
Committee Substitute Favorable 4/8/25

Short Title: Removal of Precinct Officials. (Public)
Sponsors:
Referred to:
February 11, 2025
*H85-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO CLARIFY THAT PRECINCT OFFICIALS MAY BE REMOVED FROM THEIR 2
POSITION DUE TO FAILURE TO DISCHARGE THEIR DUTIES, TO PROVIDE THAT 3
CERTAIN PRECINCT OFFICIALS MAY BE PROHIBITED FROM SERVING AS A 4
PRECINCT OFFICIAL IN SUBSEQUENT ELECTIONS, TO ESTABLISH THE 5
MINIMUM NUMBER OF EMERGENCY ELECTION-DAY ASSISTANTS FOR EACH 6
COUNTY, AND TO SPECIFY TRAINING REQUIREMENTS FOR PRECINCT 7
OFFICIALS. 8
The General Assembly of North Carolina enacts: 9
SECTION 1.(a) Article 5 of Chapter 163 of the General Statutes is amended by 10
adding a new section to read: 11
"§ 163-41.3. Removal of precinct officials; vacancies." 12
SECTION 1.(b) G.S. 163-41(d) is recodified as G.S. 163-41.3. 13
SECTION 1.(c) G.S. 163-41, as amended by this section, reads as rewritten: 14
"§ 163-41. Precinct chief judges and judges of election; appointment; terms of office; 15
qualifications; vacancies; oaths of office. 16
(a) Appointment of Chief Judge and Judges. – At the meeting required by G.S. 163-31 to 17
be held on the Tuesday following the third Monday in August of the year in which they are 18
appointed, the county board of elections shall appoint one person to act as chief judge and two 19
other persons to act as judges of election for each precinct in the county. Their terms of office 20
shall continue for two years from the specified date of appointment and until their successors are 21
appointed and qualified, except that if a nonresident of the precinct is appointed as chief judge 22
or judge for a precinct, that person's term of office shall end if the county board of elections 23
appoints a qualified resident of the precinct of the same party to replace the nonresident chief 24
judge or judge. It shall be their the duty of the precinct officials to conduct the primaries and 25
elections within their respective precincts. Persons appointed to these offices must be registered 26
voters and residents of the county in which the precinct is located, of good repute, and able to 27
read and write. Not more than one judge in each precinct shall belong to the same political party 28
as the chief judge. 29
(b) The As used in this Article, the term "precinct official" shall mean chief judges and 30
judges appointed pursuant to this section, and all assistants appointed pursuant to G.S. 163-42, 31
unless the context of a statute clearly indicates a more restrictive meaning. 32
(b1) No person shall be eligible to serve as a precinct official, as that term is defined above, 33
who holds if any of the following apply: 34
(1) The person holds any elective office under the government of the United 35
States, or of the State of North Carolina or any political subdivision thereof. 36

General Assembly Of North Carolina Session 2025
Page 2 House Bill 85-Second Edition
(2) No person shall be eligible to serve as a precinct official who is The person is 1
a candidate for nomination or election. 2
(3) No person shall be eligible to serve as a precinct official who holds The person 3
holds any office in a state, congressional district, county, or precinct political 4
party or political organization, or who is a manager or treasurer for any 5
candidate or political party, provided however that the position of delegate to 6
a political party convention shall not be considered an office for the purpose 7
of this subsection. 8
(4) The person has been prohibited from serving as a precinct official in any 9
subsequent election in accordance with G.S. 163-41.3(a). 10
...." 11
SECTION 2. G.S. 163-41.3, as enacted by Section 1 of this act, reads as rewritten: 12
"§ 163-41.3. Removal of precinct officials; filling vacancies. 13
(a) Any precinct official may be removed from office, including on the day of the election 14
or primary, for incompetency or failure to discharge the duties of office by the county board in 15
accordance with G.S. 163-33. The county board may prohibit a precinct official who has been 16
removed from office from serving as a precinct official in any subsequent election. 17
(b) 18
...." 19
SECTION 3. G.S. 163-33(2) reads as rewritten: 20
"(2) To appoint all chief judges, judges, assistants, and other officers of elections, 21
and designate the precinct in which each shall serve; and, after notice and 22
hearing, to remove any chief judge, judge of elections, assistant, or other 23
officer of election appointed by it for incompetency, failure to discharge the 24
duties of office, failure to qualify within the time prescribed by law, fraud, or 25
for any other satisfactory cause. cause, as provided in G.S. 163-41.3. In 26
exercising the powers and duties of this subdivision, the board may act only 27
when a majority of its members are present at any meeting at which such 28
powers or duties are exercised." 29