House committee substitute to the 1st edition makes the following changes. Removes provisions in GS 163-10 outlining the length of appointments for vacancies in the office of district attorney (DA’s Office).
Instead provides for the following term lengths: (1) if the unexpired term of office ends on the first day of January following the next election for members of the General Assembly, then the Governor will appoint to fill the vacancy for the unexpired term of office, and the election will be for a four-year term or (2) if the unexpired term of office ends on the first day of January two years following the next election for members of the General Assembly, then the Governor will appoint to fill the vacancy until the election is certified, and the election will be for the unexpired term of office. Requires the nominees to be selected by a vote of only those executive committee members who reside in the prosecutorial district of the vacating district attorney. Removes provisions requiring any recommended nominees to be qualified persons recommended by a majority of the members of the NCGA representing any portion of the prosecutorial district of the vacating district attorney if the vacated position is one that was not elected as a nominee of a political party. Instead, specifies that, in those cases, as well as in instances where the political party of the vacating district attorney is unable to make a recommendation or does not make a recommendation within 30 days of the occurrence of the vacancy, then requires the Governor to appoint a qualified individual. Removes definition of qualified person. Makes conforming, clarifying, and conforming changes.  Now specifies that if a vacancy requiring recommendations occurred prior to the date the act becomes effective and is vacant on the date this act becomes effective, the entity making recommendations as provided in GS 163-10 has the full amount of time authorized under GS 163-10(c) (was, 30 days from the date this act becomes effective) to make recommendations to the Governor.

Statutes affected:
Filed: 163-10
Edition 1: 163-10
Edition 2: 163-10