North Carolina HB 478: Support Students with Disabilities Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 478
Committee Substitute Favorable 5/13/25

Short Title: Modify Appointment Process for DA Vacancies. (Public)
Sponsors:
Referred to:
March 24, 2025
*H478-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO MODIFY THE APPOINTMENT PROCESS TO FILL DISTRICT ATTORNEY 2
VACANCIES. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 163-10 reads as rewritten: 5
"§ 163-10. Filling vacancy in office of district attorney. 6
(a) Any A vacancy occurring in the office of district attorney for causes other than 7
expiration of term shall be filled by appointment of the Governor. An Governor in accordance 8
with this section. The appointee shall hold his place serve until the next election for members of 9
the General Assembly that is held more than 60 days after the vacancy occurs, at which time an 10
election shall be held to fill the unexpired term of the office: Provided, that when the unexpired 11
term of the office in which the vacancy has occurred expires on the first day of January 12
succeeding the next election for members of the General Assembly, the Governor shall appoint 13
to fill that vacancy for the unexpired term of the office.as provided in subsection (b) of this 14
section. 15
(b) An appointee shall hold office as follows: 16
(1) If the unexpired term of office ends on the first day of January following the 17
next election for members of the General Assembly, the Governor shall 18
appoint to fill the vacancy for the unexpired term of office, and the election 19
shall be for a four-year term. 20
(2) If the unexpired term of office ends on the first day of January two years 21
following the next election for members of the General Assembly, the 22
Governor shall appoint to fill the vacancy until the election is certified, and 23
the election shall be for the unexpired term of office. 24
(c) The vacancy shall be filled as follows: 25
(1) If the vacating district attorney was elected as a nominee of a political party, 26
the Governor shall consult the district executive committee of the political 27
party of the vacating district attorney before filling the vacancy, and shall 28
appoint from a list of up to three qualified persons recommended by the 29
district executive committee of the appropriate political party if the district 30
executive committee makes a recommendation within 30 days of the 31
occurrence of the vacancy. 32
(2) If the vacating district attorney was not elected as a nominee of a political 33
party, or if the district executive committee of the political party of the 34
vacating district attorney is unable to make a recommendation or does not 35

General Assembly Of North Carolina Session 2025
Page 2 House Bill 478-Second Edition
make a recommendation within 30 days of the occurrence of the vacancy, the 1
Governor shall appoint a qualified individual. 2
(3) The nominees selected pursuant to subdivision (1) of this subsection shall be 3
selected by a vote of only those executive committee members who reside in 4
the prosecutorial district of the vacating district attorney." 5
SECTION 2. If a vacancy requiring recommendations pursuant to G.S. 163-10, as 6
enacted by this act, occurred prior to the date this act becomes effective and is vacant on the date 7
this act becomes effective, the entity making recommendations as provided in G.S. 163-10, as 8
enacted by this act, shall have the full amount of time authorized by G.S. 163-10(c), as enacted 9
by this act, from the date this act becomes effective to make recommendations to the Governor. 10
SECTION 3. This act is effective when it becomes law and applies to vacancies 11
filled on or after that date. 12