Part I.
Subject to voter approval at the November 2026 general election, enacts Section 25 to Article II of the NC Constitution to charge the NCGA with establishing by law an independent process to revise the electoral districts for Congress and the NCGA after return of the decennial census, subject to the following limitations. Prohibits NCGA or gubernatorial involvement in revising electoral districts. Requires each NCGA member and US House member to represent equal numbers of inhabitants, as possible. Mandates districts to consist of contiguous territory. Mandates that the districts remain unaltered until the return of another decennial census. Grants adopted electoral districts legislative force and effect. Makes conforming changes to Sections 3, 5, and 22 of Article II to charge the NCGA with establishing an independent process to revise legislative districts and the apportionment of legislators among those districts. Makes these constitutional amendments effective upon certification.
Enacts Article 1B, Redistricting, to GS Chapter 120 as follows. Sets forth 15 defined terms. Establishes the NC Citizen Redistricting Commission (Commission), charged with preparing preliminary, proposed, and alternative plans for legislative and congressional apportionment and to adopt final plans for the purpose of nominating and electing legislative and congressional members. Details Commission member eligibility, including residency and voter registration requirements, and a number of disqualifications, among them: contributing more than $2,000 to any candidate for public office during one election cycle, having been a staff member or legal counsel to the NCGA, having served in the NCGA or Congress at the time of or during the eight years preceding their application, having served in any other public office at the time of or for any period in the four years preceding their application, having held any political appointment, and having been convicted of listed crimes against a governmental body of the US or a crime with a direct connection to the listed crimes. Details member application procedures, including applying to the State Auditor with relevant information and disclosures for eligibility review, and publication of the application process. Directs the Auditor to submit all eligible applications to the State Ethics Commission for review and submission of a diverse group of up to 60 applicants to the NCGA, as specified. Allows the President Pro Tempore of the Senate and the Speaker of the House, and the minority leaders in both chambers to each strike up to six candidates from that list. Directs that the Commission will consist of 15 members appointed from the remaining pool of candidates. Allows the State Ethics Commission to appoint the first six members, as follows: (1) two members affiliated with the political party with the highest number of registered affiliates, (2) two members affiliated with the political party with the second-highest number of registered affiliates, and (3) two members that are not affiliated with either of those two parties. Directs the initial six members appointed by the State Ethics Commission to appoint the remaining nine members, three from each of the previously specified categories. Directs all appointing authorities to consider the importance of diversity (defined) in their appointments. Sets terms at 10 years. Details other parameters of the Commission, including appointment of a chair, removal from office, vacancies, and reimbursement of member expenses. Provides for a $1,200 stipend for each month the Commission meets. Starting July 1, 2040, and every ten years after provides for adjustment of stipend by the Legislative Services Officer for inflation, based on the Employment Cost Index reported to the US Bureau of Labor Statistics or an equivalent measure of inflation. Details Commission staffing and the application of open meetings and public records laws.
Enumerates eight criteria that all redistricting plans must meet, including minimization of the number of split communities of interest, as defined, and excluding favoritism or disfavoritism of an incumbent or consideration of member residency in preparation of a plan. Provides for Commission adoption of preliminary, proposed, alternative, and final plans depending on appointed member affiliations. Directs the State Ethics Commission to submit to the Commission a list of qualified persons who can serve as a special master and meets the requirements of a Commission member, who must draw and submit a plan which the Commission must adopt in the event a plan cannot be adopted pursuant to the statute. Provides for appointment of the special master by the Commission, depending on appointed member affiliations. Requires adoption of all plans by October 1 following each federal census. Details the maximum timeline the Commission must follow in adoption of a plan, which provides for public hearings following receipt of data from the Census Bureau; release of preliminary plans to the public and further public hearings; release of proposed plans, alternative plans and summaries; and the Commission holding a vote to adopt final plans, or selection of a special master to prepare, release and present a plan to the Commission that the Commission must adopt. Provides for extensions for good cause, as specified.
Mandates the Commission hold a minimum of 25 public hearings across the State, requiring providing the public with the seven enumerated resources for public input, including sufficient time to review the plan, and access to demographic data and mapping software.
Authorizes the NCGA to assign to the Commission the duty to prepare district plans for local governments if their governing board or an appropriate court so requests.
Provides for Commission member terms to begin on January 1, 2027, and conclude on June 30, 2030, for any redistricting that might occur prior to the return of the 2030 federal census.
Makes the above statutory and uncodified provisions effective January 1, 2027, subject to voter approval of the constitutional amendments set forth in this Part.
Part II.
Makes conforming changes to GS 120-2.3 regarding judgments invalidating apportionment or redistricting acts.
Makes conforming changes to GS 120-2.4, requiring a court to grant the Commission two weeks' time to remedy any defects a court has identified in a plan apportioning or redistricting legislative or congressional districts prior to the court imposing its own substitute plan. Makes further conforming changes.
Statutes affected: Filed: 120-2.3, 120-2.4
Edition 1: 120-2.3, 120-2.4