General Assembly of North Carolina

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North Carolina State Legislature

Seal of North Carolina.png
General information
Type:   State legislature
Term limits:   None
Session start:   April 28, 2020
Website:   Official Legislature Page
Leadership
Senate President:   Dan Forest (R)
House Speaker:  Timothy K. Moore (R)
Majority Leader:   Senate: Harry Brown (R)
House: John Bell (North Carolina) (R)
Minority Leader:   Senate: Dan Blue (D)
House: Darren Jackson (D)
Structure
Members:  50 (Senate), 120 (House)
Length of term:   2 years (Senate), 2 years (House)
Authority:   Art II, North Carolina Constitution
Salary:   $13,951/year + per diem
Elections
Last election:  November 6, 2018
Next election:  November 3, 2020
Redistricting:  North Carolina Legislature has control

The General Assembly of North Carolina is the state legislature of North Carolina. The General Assembly makes the laws of North Carolina, also known as the General Statutes. The General Assembly is a bicameral legislature, consisting of the North Carolina House of Representatives (formerly the North Carolina House of Commons) and the North Carolina State Senate. The House has 120 members, while the Senate has 50.[1]


The General Assembly is referred to as both the North Carolina General Assembly and the General Assembly of North Carolina, with no official precedent.[2] Both names are used throughout the North Carolina General Statutes. Article II Section 21 of the North Carolina Constitution states that acts must use the phrase "the General Assembly of North Carolina enacts."

Legislators in both chambers serve two-year terms without term limits. Starting with the 2002 election, each legislator represents a single-member House or Senatorial district; prior to 2002, some districts elected multiple legislators.

The General Assembly meets in the state capital of Raleigh (except for special occasions, when legislators might decide to hold a ceremonial session in some other city). It met in the Capitol building until 1963, when the legislature relocated to the new North Carolina State Legislative Building.[3]

North Carolina has a divided government, and no political party holds a state government trifecta. A trifecta exists when one political party simultaneously holds the governor’s office and majorities in both state legislative chambers. As of November 4, 2020, there are 21 Republican trifectas, 15 Democratic trifectas, and 14 divided governments where neither party holds trifecta control.

See also: North Carolina House of Representatives, North Carolina State Senate, North Carolina Governor

Elections

2020

See also: North Carolina State Senate elections, 2020 and North Carolina House of Representatives elections, 2020

Elections for the office of North Carolina State Senate took place in 2020. The general election was held on November 3, 2020. A primary was scheduled for March 3, 2020. The filing deadline was December 20, 2019.

Elections for the office of North Carolina House of Representatives took place in 2020. The general election was held on November 3, 2020. A primary was scheduled for March 3, 2020. The filing deadline was December 20, 2019.

2018

See also: North Carolina State Senate elections, 2018 and North Carolina House of Representatives elections, 2018

Elections for the North Carolina State Senate took place in 2018. The semi-closed primary election took place on May 8, 2018, and a primary runoff took place on June 26, 2018. The general election was held on November 6, 2018. The candidate filing deadline was February 28, 2018.[4][5]

Elections for the North Carolina House of Representatives took place in 2018. The semi-closed primary election took place on May 8, 2018, and a primary runoff took place on June 26, 2018. The general election was held on November 6, 2018. The candidate filing deadline was February 28, 2018.[6][7]

2016

See also: North Carolina State Senate elections, 2016 and North Carolina House of Representatives elections, 2016

Elections for the North Carolina State Senate took place in 2016. The primary election was held on March 15, 2016, and the general election was held on November 8, 2016.[8] The candidate filing deadline was December 21, 2015.[9]

Elections for the North Carolina House of Representatives took place in 2016. The primary election was held on March 15, 2016, and the general election was held on November 8, 2016.[10] The candidate filing deadline was December 21, 2015.[11]

2014

See also: North Carolina State Senate elections, 2014 and North Carolina House of Representatives elections, 2014

Elections for the North Carolina State Senate took place in 2014. A primary election took place on May 6, 2014. The general election took place on November 4, 2014. The signature filing deadline for candidates wishing to run in this election was February 28, 2014.

Elections for the North Carolina House of Representatives took place in 2014. A primary election took place on May 6, 2014. The general election took place on November 4, 2014. The signature filing deadline for candidates wishing to run in this election was February 28, 2014.

2012

See also: North Carolina State Senate elections, 2012 and North Carolina House of Representatives elections, 2012

Elections for the office of North Carolina State Senate took place in 2012. The primary election was held on May 8, 2012, and the general election was held on November 6, 2012. The candidate filing deadline was February 29, 2012.

Elections for the office of North Carolina House of Representatives took place in 2012. The primary election was held on May 8, 2012, and the general election was held on November 6, 2012. The candidate filing deadline was February 29, 2012.

2010

See also: North Carolina State Senate elections, 2010 and North Carolina House of Representatives elections, 2010

Elections for the office of North Carolina State Senate took place in 2010. The primary election was held on May 4, 2010, and the general election was held on November 2, 2010. The candidate filing deadline was February 26, 2010.

Elections for the office of North Carolina House of Representatives took place in 2010. The primary election was held on May 4, 2010, and the general election was held on November 2, 2010. The candidate filing deadline was February 26, 2010.

Current issues

District maps

Sessions

Section 11 of Article II of the North Carolina Constitution establishes that the General Assembly is to convene a new regular session every two years, and that the dates for these sessions are to be set by law. Sessions in the General Assembly of North Carolina last two years and begin on odd numbered years after elections. Sessions begin at noon on the third Wednesday after the second Monday in January.[12]

2020

See also: 2020 North Carolina legislative session and Dates of 2020 state legislative sessions

In 2020, the legislature was scheduled to convene on April 28, 2020 and adjourn on September 3, 2020.

Impact of coronavirus pandemic

See also: Changes to state legislative session dates in response to the coronavirus (COVID-19) pandemic, 2020
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Coronavirus pandemic
Select a topic from the dropdown below to learn more.


Several state legislatures had their sessions impacted as a result of the 2020 coronavirus pandemic.

2019

See also: 2019 North Carolina legislative session and Dates of 2019 state legislative sessions

In 2019, the legislature was in session from January 9, 2019, through October 31, 2019. It reconvened from November 13-15 over redistricting. It was expected to reconvene on January 14, 2020, over redistricting, vetoes, and healthcare.

2018

See also: 2018 North Carolina legislative session and Dates of 2018 state legislative sessions

In 2018, the legislature was in session from January 10, 2018, through July 4, 2018. To read about notable events and legislation from this session, click here.

2017

See also: Dates of 2017 state legislative sessions and Redistricting in North Carolina

In 2017, the legislature was in session from January 11, 2017, through June 30, 2017. Before the legislature adjourned its regular scheduled session, the legislature scheduled the following additional session dates: August 3, August 18 to August 25, August 28 to August 31, and October 4 to October 17.[13]

Role in state budget

See also: North Carolina state budget and finances
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Check out Ballotpedia articles about policy in your state on:
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The state operates on a biennial budget cycle. The sequence of key events in the budget process is as follows:[25][26]

  1. Budget instruction guidelines are sent to state agencies in July.
  2. State agency budget requests are submitted in October.
  3. Agency hearings are held in October and December.
  4. The governor submits his or her proposed budget to the North Carolina State Legislature in early February.
  5. The legislature adopts a budget in June. A simple majority is required to pass a budget.
  6. The biennial budget cycle begins in July.

North Carolina is one of only six states in which the governor cannot exercise line item veto authority.[26]

The governor is constitutionally and statutorily required to submit a balanced budget. In turn, the legislature is required by statute to pass a balanced budget.[26]

Cost-benefit analyses

See also: Pew-MacArthur Results First Initiative Cost-Benefit Study
Map showing results of the Pew-MacArthur cost-benefit study

The Pew-MacArthur Results First Initiative is a joint project of the Pew Charitable Trusts and the John D. and Catherine T. MacArthur Foundation that works to partner with states in implementing cost-benefit analysis models.[27]. The initiative released a report in July 2013 concluding that cost-benefit analysis in policymaking led to more effective uses of public funds. Looking at data from 2008 through 2011, the study's authors found that some states were more likely to use cost-benefit analysis, while others were facing challenges and lagging behind the rest of the nation. The challenges states faced included a lack of time, money, and technical skills needed to conduct comprehensive cost-benefit analyses. North Carolina was one of the 10 states that used cost-benefit analysis more than the rest of the states with respect to determining the return on investment of state programs. In addition, these states were more likely to use cost-benefit analysis with respect to large budget areas and when making policy decisions.[28]

Ethics and transparency

Following the Money report

See also: "Following the Money" report, 2015

The U.S. Public Interest Research Group, a consumer-focused nonprofit organization based in Washington, D.C., released its annual report on state transparency websites in March 2015. The report, entitled "Following the Money," measured how transparent and accountable state websites were with regard to state government spending.[29] According to the report, North Carolina received a grade of B+ and a numerical score of 89.5, indicating that North Carolina was "Advancing" in terms of transparency regarding state spending.[29]

Open States Transparency

See also: Open States' Legislative Data Report Card

The Sunlight Foundation released an "Open Legislative Data Report Card" in March 2013. North Carolina was given a grade of A in the report. The report card evaluated how adequate, complete, and accessible legislative data was to the general public. A total of 10 states received an A: Arkansas, Connecticut, Georgia, Kansas, New Hampshire, New York, North Carolina, Texas, Virginia, and Washington.[30]

Dual employment and financial disclosure requirements

State ethics regulations regarding dual public employment and income disclosure for legislators vary across the United States. A January 2015 report by the National Council of State Legislatures (NCSL) concluded that legislators in 33 states are not permitted to maintain additional paid government employment during their terms in office.[31] The NCSL published a report in June 2014 that counted 47 states with disclosure requirements for outside income, business associations, and property holdings. The exceptions to these disclosure categories were Idaho, Michigan, and Vermont.[32] Click show on the right side of the table below to compare state policies:

Senate

The Senate has 50 members. Though its members represent districts that are larger than those of their colleagues in the House, its prerogatives and powers are no greater. Each member represented an average of 190,710 residents, as of the 2010 Census.[33] After the 2000 Census, each member represented 160,986.[34]

The President of the Senate is the Lieutenant Governor of North Carolina, but the Lt. Governor has very limited powers and only votes to break a tie. Before the office of Lt. Governor was created in 1868, the Senate was presided over by a "Speaker." After the 1988 election of James Carson Gardner, the first Republican Lt. Governor since Reconstruction, Democrats in control of the Senate shifted most of the power held by the Lt. Governor to the senator who is elected President Pro Tempore (or Pro-Tem). The President pro tempore appoints members to standing committees of the Senate, and holds great sway over bills. Democrat Marc Basnight who was President pro tempore held the office longer than anyone in history. The current President pro tempore is Phil Berger (R).

The qualifications to be a senator are found in the state Constitution: "Each Senator, at the time of his election, shall be not less than 25 years of age, shall be a qualified voter of the State, and shall have resided in the State as a citizen for two years and in the district for which he is chosen for one year immediately preceding his election."

According to the state constitution, the Senate is also the "Court for the Trial of Impeachments." The House of Representatives has the power to impeach state officials, after which the Senate holds a trial, as in the federal system. If the Governor or Lt. Governor is the official who has been impeached, the Chief Justice of the North Carolina Supreme Court presides.

Party As of November 2020
     Democratic Party 21
     Republican Party 29
     Vacancies 0
Total 50

Between 1992 and 2016, partisan control of the North Carolina State Senate shifted from being heavily Democratic to a Republican majority. Democrats went from having a 28-seat advantage following the 1992 elections to being at a 20-seat disadvantage after the 2016 elections. The table below shows the partisan history of the North Carolina State Senate following every general election from 1992 to 2016. All data from 2006 or earlier comes from Michael Dubin's Party Affiliations in the State Legislatures (McFarland Press, 2007). Data after 2006 was compiled by Ballotpedia staff.

North Carolina State Senate Party Control: 1992-2018

Year '92 '94 '96 '98 '00 '02 '04 '06 '08 '10 '12 '14 '16 '18
Democrats 39 26 30 35 35 28 29 31 30 19 18 16 15 21
Republicans 11 24 20 15 15 22 21 19 20 31 32 34 35 29

From 1992 to 2010, Senate Democrats controlled the North Carolina State Senate. Democrats had their largest majority following the 1992 election when Democrats held a 28-seat advantage. For the majority of years between 1992 and 2010, Democrats had more than the 30 seats required to override gubernatorial vetoes. Democrats controlled the governor's office for all of that time with the exception of 1992.

Republicans took control of the state Senate in the 2010 elections. Republicans picked up 11 seats in that election and won a 31-19 majority. Republicans increased their Senate majority in the 2012, 2014, and 2016 elections. Republicans held a veto-proof supermajority from 2011 through 2018, losing it in the 2018 election. Since Gov. Roy Cooper (D) was elected in 2016, Cooper and the Republican-controlled legislature have been in a regular state of conflict that has resulted in a series of vetoes, veto overrides, and lawsuits, some of which predate Cooper's swearing-in on January 1, 2017. Legislation passed by the legislature has included, for example, efforts to merge the state elections board and ethics commission, decrease the number of governor-appointed judges on the North Carolina Court of Appeals, and require Senate approval of Cooper's cabinet-level appointments. The Republican gains from 2010 to 2016 were in line with a national trend toward Republican state legislatures during the presidency of Barack Obama (D). From 2009 to 2017, Democrats experienced significant losses in state legislative elections, totaling 968 seats all together.

In June 2017, the Supreme Court of the United States affirmed a federal district court decision finding that 28 state legislative districts had been subject to an illegal racial gerrymander. The maps were created in 2011 by the Republican-controlled state legislature. The district court then ordered state lawmakers to draft remedial maps for use in the 2018 election cycle. The legislature adopted new state House and Senate district maps on August 30, 2017.[35]

House of Representatives

The 120 members of the House are led by a Speaker, who holds powers similar to those of the Senate President pro-tem. Each member represented an average of 79,462 residents, as of the 2010 Census.[33] After the 2000 Census, each member represented 67,078.[34]

The qualifications to be a member of the House are found in the state Constitution: "Each Representative, at the time of his election, shall be a qualified voter of the State, and shall have resided in the district for which he is chosen for one year immediately preceding his election." Elsewhere, the constitution specifies that no elected official shall be under twenty-one years of age and that no elected officials may deny the existence of God, although this provision is not enforced and violates the spirit of the "No religious test clause" of the United States Constitution.

Party As of November 2020
     Democratic Party 55
     Republican Party 65
     Vacancies 0
Total 120

Between 1992 and 2008, partisan control of the North Carolina House of Representatives fluctuated, swinging back and forth between the Democratic and Republican parties. Since the 2010 elections, Republicans have controlled the chamber. The table below shows the partisan history of the North Carolina House of Representatives following every general election from 1992 to 2018. All data from 2006 or earlier comes from Michael Dubin's Party Affiliations in the State Legislatures (McFarland Press, 2007). Data after 2006 was compiled by Ballotpedia staff.

North Carolina House of Representatives Party Control: 1992-2018

Year '92 '94 '96 '98 '00 '02 '04 '06 '08 '10 '12 '14 '16 '18
Democrats 78 52 59 66 62 59 63 68 68 52 43 46 46 55
Republicans 42 68 61 54 58 61 57 52 52 67 77 74 74 65
Other 0 0 0 0 0 0 0 0 0 1 0 0 0 0

From 1994 to 2002, the Democratic and Republican parties both claimed relatively small majorities, the largest being from 1994 to 1996 when Republicans had a 16-member majority. The Democratic majority spiked between the 2004 and 2006 elections when the party increased their majority by nine seats. 2006 was an election that trended nationally for Democrats and saw them retake control of the U.S. House of Representatives for the first time in 12 years.[36]

Democrats held the state House from 2004 until the 2010 election when Republicans gained 15 seats and took control of the chamber. Republicans increased their partisan balance from 67-52 to 77-43 in the 2012 election and also gained a supermajority. A supermajority, which requires 72 seats, gives Republicans the power to override gubernatorial vetoes. Republicans lost three seats in the 2014 election but maintained their supermajority. Since Gov. Roy Cooper (D) was elected in 2016, Cooper and the Republican-controlled legislature have been in a regular state of conflict that has resulted in a series of vetoes, veto overrides, and lawsuits, some of which predate Cooper's swearing-in on January 1, 2017. The Republican gains from 2010 to 2016 were in line with a national trend toward Republican state legislatures during the presidency of Barack Obama (D). From 2009 to 2017, Democrats experienced significant losses in state legislative elections, totaling 968 seats altogether.

In June 2017, the Supreme Court of the United States affirmed a federal district court decision finding that 28 state legislative districts had been subject to an illegal racial gerrymander. The district court then ordered state lawmakers to draft remedial maps for use in the 2018 election cycle. The legislature adopted new state House and Senate district maps on August 30, 2017.[37]

Veto overrides

Veto Override Graphic-No party.png

See also: Veto overrides in state legislatures

State legislatures can override governors' vetoes. Depending on the state, this can be done during the regular legislative session, in a special session following the adjournment of the regular session, or during the next legislative session. The rules for legislative overrides of gubernatorial vetoes in North Carolina are listed below.

How many legislators are required to vote for an override? Three-fifths of members in both chambers.

Three-fifths of members present in both chambers must vote to override a veto, which is 72 of the 120 members in the North Carolina House of Representatives and 30 of the 50 members in the North Carolina State Senate. North Carolina is one of seven states that requires a three-fifths vote from both of its legislative chambers to override a veto.

How can vetoes be overridden after the legislature has adjourned?

According to Article II, Section 22 of the North Carolina Constitution, vetoes can be overridden in a special veto session that the governor must call if he or she vetoes a bill after the legislature has adjourned. If the governor does not reconvene the legislature, the bill shall become law. If a majority of legislators in both chambers sign a request saying that the session is unnecessary, then the governor does not have to call it.

Authority: Article II, Section 22 of the North Carolina Constitution.

"If the Governor approves, the Governor shall sign it and it shall become a law; but if not, the Governor shall return it with objections, together with a veto message stating the reasons for such objections, to that house in which it shall have originated, which shall enter the objections and veto message at large on its journal, and proceed to reconsider it. If after such reconsideration three-fifths of the members of that house present and voting shall agree to pass the bill, it shall be sent, together with the objections and veto message, to the other house, by which it shall likewise be reconsidered; and if approved by three-fifths of the members of that house present and voting, it shall become a law notwithstanding the objections of the Governor."

Legislators

Salaries

See also: Comparison of state legislative salaries
State legislators
SalaryPer diem
$13,951/year$104/day; set by statute.

When sworn in

See also: When state legislators assume office after a general election

North Carolina legislators assume office the first day of the new General Assembly in January.

History

The North Carolina legislature traces its roots to the first assembly for the "County of Albemarle," which was convened in 1665 by Governor William Drummond.[38] Albemarle County was the portion of the British colony of Carolina (under the control of the “Lords Proprietors” before becoming a royal province in 1729) that would eventually become North Carolina.

From approximately 1666 to 1697, the Governor, his council, and representatives of various precincts and towns, elected by male freeholders, sat together as a unicameral legislature. By 1697, this evolved into a bicameral body, with the Governor and his council as the upper house, and the House of Burgesses as the elected lower house. The House, sometimes known simply as “the Assembly,” could only meet when called by the Governor, but it was allowed to set its own rules and to elect its own Speaker. It also controlled the salary of the Governor, and withheld that salary when the Governor displeased a majority of the House. Naturally, conflicts between the Governor and the legislature were frequent. In 1774 and 1775, the people of the colony elected a provincial Congress, independent of the royal governor, as the American Revolution began. Most of its members were also members of what would be the last House of Burgesses.

There would be five Provincial Congresses. The fifth Congress approved the first constitution (1776). Because of the history of distrust of the executive, the constitution firmly established the General Assembly, as it was now called, as the most powerful organ of the state. The bicameral legislature, whose members would all be elected by the people, would itself elect all the officers of the executive and judicial branches. As William S. Powell wrote in North Carolina: A History, “The legislative branch henceforth would have the upper hand. The governor would be the creature of the assembly, elected by it and removable by it….The governor could not take any important step without the advice and consent of the 'council of state,' and he had no voice in the appointment or removal of [council of state members].” This constitution was not submitted to a vote of the people. The Congress simply adopted it and elected Richard Caswell, the last president of the Congress, as acting Governor until the new legislature was elected and seated.

The new General Assembly, which first convened in April 1777, consisted of a Senate, which had one member from each county (regardless of population), and a House of Commons, which had two members representing each county, plus one each from certain towns. Only land-owning (100 acres for the House of Commons, 300 acres for the Senate), Protestant men could serve.

In 1835, the constitution was amended to make the Governor elected by the people, but the legislature still elected all other officials. Amendments also set the number of senators at 50 and the number of commoners at 120. Senators would now be elected by districts representing approximately equal numbers of citizens, rather than by counties. Members of the House were still elected by county, but more populous counties were entitled to more representatives.

In 1868, a new constitution changed the name of the House of Commons to the House of Representatives. It also established the office of Lieutenant Governor. Previously, the Speaker of the Senate was the constitutional successor to the Governor in case of death or resignation. Property qualifications for holding office were also abolished. Finally, the power to elect executive officers and judges was taken from legislators and given to the people.

Starting in 1966 (in the wake of Reynolds v. Sims), members of the House of Representatives were elected from districts, much as senators already were. This left some counties without a resident member of the legislature for the first time in state history.

In 1868, African Americans were first elected to the General Assembly (fifteen representatives and two senators). But after Democrats consolidated power in the late 1890s, no African Americans were elected until Henry Frye (a Democrat) in 1968.

Lillian Exum Clement became the first female member of the General Assembly in 1921.

Partisan balance 1992-2013

Who Runs the States Project
See also: Ballotpedia:Who Runs the States and Ballotpedia:Who Runs the States, North Carolina
Partisan breakdown of the North Carolina legislature from 1992-2013

North Carolina State Senate: From 1992-2013, the Democratic Party was the majority in the North Carolina State Senate for the first 19 years while the Republicans were the majority for the last three years. The North Carolina State Senate is 1 of 16 state senates that was Democratic for more than 80 percent of the years between 1992-2013. The final three years of the study depicted a shift in the North Carolina senate with the final year being a Republican trifecta.

Across the country, there were 541 Democratic and 517 Republican state senates from 1992 to 2013.

North Carolina State House of Representatives: From 1992-2013, the Democratic Party was the majority in the North Carolina State House of Representatives for 15 years while the Republicans were the majority for seven years. The final three years of the study depicted a shift from Democrat to Republican control in the North Carolina House with the final year being a Republican trifecta.

Across the country, there were 577 Democratic and 483 Republican State Houses of Representatives from 1992 to 2013.

Over the course of the 22-year study, state governments became increasingly more partisan. At the outset of the study period (1992), 18 of the 49 states with partisan legislatures had single-party trifectas and 31 states had divided governments. In 2013, only 13 states had divided governments, while single-party trifectas held sway in 36 states, the most in the 22 years studied.

The chart below shows the partisan composition of the Office of the Governor of North Carolina, the North Carolina State Senate and the North Carolina House of Representatives from 1992 to 2013.

Partisan composition of North Carolina state government(1992-2013).PNG

SQLI and partisanship

To read the full report on the State Quality of Life Index (SQLI) in PDF form, click here.

The chart below depicts the partisanship of the North Carolina state government and the state's SQLI ranking for the years studied. For the SQLI, the states were ranked from 1-50, with 1 being the best and 50 the worst. During the years of the study, North Carolina experienced many years under a Democratic trifecta, from 1993-1994 and from 1999-2010. In 2013, however, this trend switched, and the state experienced a Republican trifecta instead. North Carolina's SQLI rating was in the 30s for most of the years of the study, with its lowest ranking in 2003, finishing 41st. However, in more recent years of the study, the state's ranking improved. Its highest ranking was 11th in 2011 during a divided government.

  • SQLI average with Democratic trifecta: 30.08
  • SQLI average with Republican trifecta: N/A
  • SQLI average with divided government: 30.89
Chart displaying the partisanship of North Carolina government from 1992-2013 and the State Quality of Life Index (SQLI).

Noteworthy events

Conflicts with Gov. Roy Cooper

See also: Conflicts between Gov. Roy Cooper and the General Assembly of North Carolina
Former Gov. Pat McCrory (R)

The 2016 election changed the political landscape of North Carolina. Before the election, Republicans held a state government trifecta, meaning they controlled the governor's office and both chambers of the legislature. As a result of the 2016 election, however, Democrats took control of the governor's office, while Republicans held a 35-15 majority in the Senate and a 74-46 majority in the House, giving them the three-fifths majority needed in each chamber to override gubernatorial vetoes. In losing the 2016 election, incumbent Gov. Pat McCrory (R) became the first North Carolina governor in North Carolina history to lose in a bid for re-election. He was defeated by North Carolina Attorney General Roy Cooper (D) by 10,263 votes. McCrory did not concede the race until almost a month after the election. He requested a recount since unofficial vote totals had him within 10,000 votes of Cooper.[39]

Gov. Roy Cooper (D)

Following McCrory's concession, conflicts began to emerge between Cooper and the General Assembly of North Carolina. Before Cooper (D) was sworn in, the Republican-controlled legislature began passing legislation that Democrats argued was intended to curtail the governor's power. Legislation included efforts to restructure the state board of elections, to require Senate approval of cabinet-level appointments, and to decrease the number of governor-appointed judges on the North Carolina Court of Appeals. Senate Minority Leader Dan Blue (D) said of the legislation, "What we’re dealing with is a political disaster. Let’s deal with the reality: It’s a power grab. If McCrory had won the election, we wouldn’t be here now, reducing the number of positions he has control over."[40] Cooper said that the legislation had been "unconstitutional and anything but bipartisan."[41] Republicans maintained that the legislation had been discussed for years and that it was returning power to the legislature that was taken away by Democrats years before.[42] Sen. Chad Barefoot (R) said the legislation returned "power that was grabbed during Democratic administrations in the 1990s, and some in the '70s."[43] Republican Rep. David Lewis said of the legislation, "I think, to be candid with you, that you will see the General Assembly look to reassert its constitutional authority in areas that may have been previously delegated to the executive branch."[44]

Fact checks:
• Did recent bills limit North Carolina's gubernatorial powers?
• Did the North Carolina legislature eliminate state supreme court oversight of the General Assembly?

The following timeline details some of the conflicts between Gov. Roy Cooper (D) and the General Assembly of North Carolina. The legislation highlighted in the timeline are bills that Gov. Cooper says are intended to undermine his authority as governor. This timeline is updated whenever a notable event occurs.

Timeline of conflicts between Gov. Cooper and the legislature
Date Event
December 27, 2018 The legislature overturned the governor's veto of HB 1029. HB 1029 included provisions to restructure the state Board of Elections and authorize the board to call for new primary elections. It also established a four-year statute of limitations on investigations into campaign finance violations.[45]
November 6, 2018 Voters rejected the Legislative Appointments to Elections Board Amendment and Judicial Selection for Midterm Vacancies Amendment, which would have transferred some of the governor's powers to the state legislature.
October 16, 2018 A three-judge panel on the Wake County Superior Court ruled that parts of Senate Bill 68 and House Bill 90 were unconstitutional. The court said the laws violated the separation of powers clause.
August 4, 2018 The General Assembly of North Carolina override Gov. Cooper's veto of SB 3 and HB 3. SB 3 prohibits North Carolina Supreme Court candidates from running with a party affiliation if they registered with the party less than 90 days before the filing deadline. HB 3 transfers the responsibility of writing ballot measure titles from the Constitutional Amendments Publication Commission to the General Assembly.
June 28, 2018 The General Assembly of North Carolina referred the Judicial Selection for Midterm Vacancies Amendment to the ballot for the election on November 6, 2018. Two Republicans voted against the amendment, meaning 106 of 108 non-absent Republicans voted for the amendment. No Democrats supported the amendment. The measure would remove the governor's power to fill judicial vacancies and, instead, require a commission to develop a list of candidates, legislators to narrow the list down to two candidates, and the governor selecting the final nominee.
June 27, 2018 The General Assembly of North Carolina referred the Legislative Appointments to Elections Board and Commissions Amendment to the ballot for the election on November 6, 2018. More than 99 percent (106/107) of legislative Republicans supported the amendment. One legislative Democrat supported the amendment. The measure would remove the governor's power to make appointments to the elections and ethics board, meaning legislative leaders would make all eight appointments to the board, and provide that the legislature controls the powers, duties, appointments, and terms of office for state boards and commissions.
June 20, 2018 The General Assembly of North Carolina override Gov. Cooper's veto of SB 486 and SB 757. SB 486 barred candidates who sought, but failed, to secure the nomination of a political party from running as a third-party candidate in the general election. It also requires criminal background checks for election workers and directs judges to list political affiliation on the ballot. SB 757 changed judicial elections in Wake and Mecklenburg counties into districtwide, rather than having countywide, elections.
June 12, 2018 The General Assembly of North Carolina overturned Gov. Cooper's veto of Senate Bill 99, a $23.9 billion budget bill. Cooper had vetoed the bill on June 6, 2018.
March 16, 2018 Gov. Cooper allowed House Bill 90 to become law without his signature. HB 90 proposed changing the number and partisan affiliation of state board of elections members.
March 13, 2018 Gov. Cooper filed a motion challenging House Bill 90. The bill proposed changing the state board of elections.
January 26, 2018 The North Carolina Supreme Court reversed a lower court's decision that Senate Bill 68 was constitutional. The supreme court returned the case to the lower court for a second decision.
October 17, 2017 The General Assembly of North Carolina adjourned its 2017 session. In total, Gov. Cooper vetoed 13 bills in 2017. Republicans used its veto-proof majority in the legislature to override 10 vetoes.
August 30, 2017 The North Carolina state legislature voted to override House Bill 770. HB 770, which is composed of multiple law changes, would reduce Gov. Cooper's power to appoint members to the North Carolina Medical Board. Cooper had six appointments to the board, but HB 770 removed two of Cooper's appointments and let legislative leaders choose the two members instead. Cooper called it "an intrusion on executive authority." The bill also clarified that state employees can draw another salary for additional work on the state’s Property Tax Commission. (House vote: 71-44; Senate vote: 30-9)
August 14, 2017 Gov. Cooper vetoed a regulatory bill (Senate Bill 16) and a bill that would decrease Cooper's power to appoint members to the North Carolina Medical Board. Cooper had six appointments to the board, but House Bill 770 took away two of Cooper's appointments and let legislative leaders choose the two members. Cooper called it "an intrusion on executive authority."
August 8, 2017 Gov. Cooper expanded his May 2017 lawsuit. He filed a legal brief on August 8 over provisions in the budget that he calls unconstitutional. One provision requires the governor to include money in future budget proposals for a school voucher program. Another provision directs how to spend federal block grants and the state's share of the Volkswagen settlement. Jim Phillips, Gov. Cooper's attorney, wrote in the lawsuit, "By dictating what the governor must include in his proposed budget, the General Assembly is exercising core executive power in violation of separation of powers."
June 28, 2017 Gov. Roy Cooper vetoed Senate Bill 257, the $23 billion budget. The Senate voted 34-14 and the House voted 76-43 to override the veto. The spending plan now becomes law.
June 21, 2017 The General Assembly of North Carolina passed a $23 billion budget. The budget includes a provision that limits Gov. Cooper's ability to hire private lawyers to challenge legislation passed by the Republican-led legislature. It also transfers the state Industrial Commission, which is under control of an agency in Gov. Cooper's cabinet, to the state insurance commissioner. This position is currently held by a Republican. (House vote: 77-40; Senate vote: 39-11)
June 15, 2017 A three-judge panel rejected Gov. Cooper's request to block Senate Bill 68 pending his appeal. Senate Bill 68 proposed merging the state elections board and ethics commission and splitting the new board between Democrats and Republicans. On June 1, 2017, a three-judge panel unanimously dismissed Gov. Cooper’s lawsuit that challenged the constitutionality of Senate Bill 68.
June 8, 2017 The U.S. Supreme Court affirmed the federal court decision in North Carolina v. Covington on June 5, 2017. In August 2016, a federal court ordered 28 state legislative district maps in North Carolina to be redrawn because they misrepresented the racial groups living in the districts. In reaction to the U.S. Supreme Court decision, Gov. Roy Cooper (D) called a special session of the legislature to begin on June 8, 2017, to redraw the state’s legislative district maps. The General Assembly of North Carolina voted on June 8, 2017, to cancel the special session because Cooper did not have the constitutional authority to call the session because there was not an “extraordinary occasion" to call a special session, as required by the state constitution.
June 1, 2017 A three-judge panel in North Carolina unanimously dismissed Gov. Cooper’s lawsuit that challenged the constitutionality of Senate Bill 68. In April 2017, Gov. Roy Cooper (D) filed a lawsuit to block the bill from taking effect after the legislature overrode his veto of the bill. The legislation proposed merging the state elections board and ethics commission and split the new board between Democrats and Republicans.
May 26, 2017 Gov. Cooper filed his third lawsuit against the Republican-led legislature over his appointment powers. He sued over House Bill 239, which reduced the number of judges on the appellate bench from 15 to 12. The legislation also prohibited Gov. Cooper from filling the next three vacancies on the court and required them to go unfilled. He also sued over a section of Senate Bill 4, which gave then-Gov. Pat McCrory the power to make a one-time appointment to fill a vacancy on the state Industrial Commission for a six-year term plus the unexpired portion of the commissioner’s term.
April 28, 2017 A three-judge panel temporarily blocked Senate Bill 68. This legislation proposed merging the state elections board and ethics commission and split the new board between Democrats and Republicans. A law similar to Senate Bill 68 was ruled unconstitutional on March 17, 2017.
April 26, 2017 The General Assembly of North Carolina voted to override Gov. Cooper’s veto of House Bill 239. The legislation reduced the number of judges on the appellate bench from 15 to 12. The legislation also prohibited Gov. Cooper from filling the next three vacancies on the court and required them to go unfilled. (Senate vote: 34-15; House vote: 73-44) Gov. Cooper filed a lawsuit to block Senate Bill 68 from taking effect. The legislation would merge the state elections board and ethics commission and split the new board between Democrats and Republicans.
April 25, 2017 The General Assembly of North Carolina voted to override Gov. Cooper’s veto of Senate Bill 68. The legislation proposed merging the state elections board and ethics commission and split the new board between Democrats and Republicans. A three-judge panel found a law similar to Senate Bill 68 unconstitutional on March 17, 2017. Lawyers for House Speaker Tim Moore and Senate leader Phil Berger filed motions with the court asking that previous rulings on the merging of the two boards be vacated. (Senate vote: 33-15; House vote: 75-44.)
April 24, 2017 Judge Doug McCullough, a Republican, retired early from the appellate bench so that Gov. Cooper (D) could appoint his replacement. McCullough said at his retirement announcement, "I did not want my legacy to be the elimination of a seat and the impairment of a court that I have served on." Cooper appointed Democrat John Arrowood to the bench. House Bill 239, which Cooper vetoed on April 21, 2017, reduced the number of judges on the appellate bench from 15 to 12. The legislation also prohibited Gov. Cooper from filling the next three vacancies on the court and would require them to go unfilled.
April 21, 2017 Gov. Cooper (D) vetoed House Bill 239 and Senate Bill 68. House Bill 239 would have reduced the number of judges on the state Court of Appeals from 15 to 12. Senate Bill 68 would have changed the appointment procedures for members of the state election board.
April 11, 2017 The General Assembly of North Carolina sent House Bill 239 to Gov. Cooper (D), which proposed reducing the number of judges on the state Court of Appeals from 15 to 12 and allowing more cases to be appealed to the state Supreme Court. The legislation would require the next three vacancies on the court to go unfilled. The General Assembly of North Carolina also sent Senate Bill 68 to Gov. Cooper which proposed changing appointment procedures for members of the state election board. A bill similar to this piece of legislation was ruled unconstitutional in March 2017.
March 23, 2017 The General Assembly of North Carolina voted to override Gov. Cooper's veto of House Bill 100. The law will make Superior Court and District Court judicial elections partisan. North Carolina became the seventh state to enact partisan judicial elections. (Senate vote: 32-15; House vote: 74-44)
March 17, 2017 A three-judge panel found two laws unconstitutional: Senate Bill 4, which would overhaul the state and county board of elections, and House Bill 17, which would cut the number of exempt employees that the governor could appoint. The court also found that House Bill 17, which required Senate approval of the governor's cabinet appointments, did not violate the constitution.
March 16, 2017 Gov. Cooper (D) vetoed House Bill 100, which would have made Superior Court and District Court judicial elections partisan.
March 8, 2017 The General Assembly of North Carolina passed House Bill 100, which would have made Superior Court and District Court judicial elections partisan. (House vote: 74-43; Senate vote: 32-15)
February 14, 2017 A three-judge panel rejected Gov. Cooper's request to continue to block the law that required Senate confirmation of his cabinet appointments. (House Bill 17)
February 13, 2017 The North Carolina Supreme Court reinstated the order to temporarily block the overhaul of the election boards. (Senate Bill 4)
February 10, 2017 The North Carolina Court of Appeals temporarily reinstated Senate Bill 4, which overhauled the state and county board of elections.
February 8, 2017 A three-judge panel temporarily blocked the North Carolina law that required Senate approval of the governor's cabinet appointments. (House Bill 17)
January 10, 2017 Gov. Cooper amended his lawsuit against Senate Bill 4 to include elements of House Bill 17. Cooper looked to block the parts of the law that would require Senate approval of cabinet positions and the law that would reduce the number of people that the governor could appoint to exempt positions.
January 5, 2017 A three-judge panel ruled that the law to overhaul the state and county board of elections would not take effect until Gov. Cooper's lawsuit was resolved. (Senate Bill 4)
January 1, 2017 Cooper (D) was sworn in as the 75th governor of North Carolina.
December 30, 2016 Cooper (D), as governor-elect, filed a lawsuit to block Senate Bill 4, the legislation that restructured the state and county election boards. Wake County Superior Court Judge Don Stephens temporarily blocked Senate Bill 4 from going into effect on January 1, 2017.
December 19, 2016 Gov. McCrory (R) signed House Bill 17, which required the governor's cabinet appointments to be approved by the Senate and eliminated the governor's power to appoint members to the UNC board of trustees. The North Carolina governor makes 10 cabinet appointments. The bill also reduced the number of people that the governor could appoint to exempt positions from 1,500 to 425. Jobs designated as exempt allow the governor to hire or fire state employees at will. The General Assembly of North Carolina passed House Bill 17 on December 16, 2016. (House vote: 61-23; Senate vote: 24-13)
December 16, 2016 Gov. McCrory (R) signed Senate Bill 4 on December 16, 2016, less than an hour after it passed the legislature. The bill expanded the state board of elections from five to eight members and equally split the board's membership between Democrats and Republicans. Before the law, the governor appointed three of five members to the state board of elections and two of three members to each county board. After the law, the governor would appoint four of eight members to the state board of elections, while Republicans would pick the other four. The governor would also choose two members on each county board. Republicans would choose the other two members. The bill also made state Supreme Court elections partisan. (House vote: 63-27 vote; Senate vote: 26-12.)
December 5, 2016 Gov. McCrory (R) conceded his bid for re-election to Roy Cooper (D). Cooper received 49.02% of the vote to McCrory's 48.80%. McCrory lost the race by 10,263 votes. Prior to the 2016 elections, Republicans controlled the Senate, House, and governor's office. As a result of the election, Republicans lost control of the governor's office and NC became one of 19 states under divided government.
November 22, 2016 Gov. McCrory requested a recount by the state board of elections because unofficial vote totals had Gov. McCrory within 10,000 votes of Cooper.
November 8, 2016 Gov. Pat McCrory (R) faced Roy Cooper (D) in the general election, but the race was too close to call on election night. Republicans gained one seat in the state Senate, and Democrats gained one seat in the state House in the November 2016 election. Following the election, Republicans held a 35-15 majority in the Senate and a 74-46 majority in the House.


Joint legislative committees

See also: Public policy in North Carolina

The General Assembly of North Carolina has no joint standing committees. A list of all non-standing, interim, and study committees can be found here.

Constitutional amendments

In every state but Delaware, voter approval is required to enact a constitutional amendment. In each state, the legislature has a process for referring constitutional amendments before voters. In 18 states, initiated constitutional amendments can be put on the ballot through a signature petition drive. There are also many other types of statewide measures.

The methods in which the North Carolina Constitution can be amended:

See also: Article XIII of the North Carolina Constitution and Laws governing ballot measures in North Carolina

The two paths to amending the North Carolina Constitution are the legislatively referred constitutional amendment and the constitutional convention process.

  • The legislature can determine the date of the election on a proposed amendment.
  • A two-thirds vote of both houses of the state legislature is necessary to put a convention question on the ballot.
  • A majority of statewide voters voting on the convention question must affirm the proposal for a convention to be called.
  • Amendments or revisions proposed by a convention go to a statewide vote of the people for ratification.


2020 measures:

Below is a list of measures that were referred to the 2020 ballot by the legislature.

See also: North Carolina 2020 ballot measures

Certified:

The following measures were certified for the ballot.

No measures to list



See also

External links

 

Footnotes

  1. ↑ General Assembly of North Carolina, "Structure of the North Carolina General Assembly," accessed July 14, 2014
  2. ↑ Ballotpedia staff, "Personal communication with the North Carolina Legislative Library staff," May 9, 2019
  3. ↑ North Carolina Historic Sites, "Chronology of Capitals of North Carolina," accessed July 14, 2014
  4. ↑ North Carolina State Board of Elections & Ethics Enforcement, "Candidate Filing Information," accessed November 9, 2017
  5. ↑ Mecklenburg County Government, "Multi Year Election Schedule," accessed November 9, 2017
  6. ↑ North Carolina State Board of Elections & Ethics Enforcement, "Candidate Filing Information," accessed November 9, 2017
  7. ↑ Mecklenburg County Government, "Multi Year Election Schedule," accessed November 9, 2017
  8. ↑ The primary for U.S. congressional elections was rescheduled to June 7, 2016, following legal challenges to North Carolina's district maps. State races were unaffected.
  9. ↑ North Carolina State Board of Elections, "2016 Candidate Filing," accessed December 22, 2015
  10. ↑ The primary for U.S. congressional elections was rescheduled to June 7, 2016, following legal challenges to North Carolina's district maps. State races were unaffected.
  11. ↑ North Carolina State Board of Elections, "2016 Candidate Filing," accessed December 22, 2015
  12. ↑ General Assembly of North Carolina, "N.C. Gen. Stat. 120-11.1," accessed July 14, 2014
  13. ↑ MultiState, "2017 Legislative Session Deadlines," accessed August 8, 2017
  14. ↑ wncn.com, "NC special session reviews proposed new Congressional districts," accessed February 18, 2016
  15. ↑ newsobserver.com, "NC lawmakers heading for special session Wednesday to discuss LGBT ordinance," accessed March 23, 2016
  16. ↑ sfchronicle.com, "North Carolina reins in local governments, transgender rule," accessed March 23, 2016
  17. ↑ newsobserver.com, "LGBT protections end as NC governor signs bill," accessed March 24, 2016
  18. ↑ NY Times, "Bathroom Law Repeal Leaves Few Pleased in North Carolina," March 30, 2017
  19. ↑ www.fayobserver.com, "State lawmakers have no plans to extend Medicaid in North Carolina," January 21, 2015
  20. ↑ www.jeffersonpost.com, "State legislature reconvenes for short session," accessed May 16, 2014
  21. ↑ WRAL, "Ceremony marks opening of legislative session," January 9, 2013
  22. ↑ National Conference of State Legislatures, "2011 Legislative Sessions Calendar," accessed June 6, 2014(Archived)
  23. ↑ 23.0 23.1 Associated Press, "N.C. lawmakers leave town after new maps, overrides," accessed July 14, 2014
  24. ↑ National Conference of State Legislatures, "2010 Legislative Sessions Calendar," accessed July 14, 2014(Archived)
  25. ↑ National Conference of State Legislatures, "State Experiences with Annual and Biennial Budgeting," updated April 2011
  26. ↑ 26.0 26.1 26.2 National Association of State Budget Officers, "Budget Processes in the States, Summer 2008," accessed February 21, 2014
  27. ↑ Pew Charitable Trusts, "State Work," accessed June 6, 2014
  28. ↑ Pew Charitable Trusts, "States’ Use of Cost-Benefit Analysis," July 29, 2013
  29. ↑ 29.0 29.1 U.S. Public Interest Research Group, "Following the Money 2015 Report," accessed April 4, 2016
  30. ↑ Sunlight Foundation, "Ten Principles for Opening Up Government Information," accessed June 16, 2013
  31. ↑ National Council of State Legislatures, "Dual employment: regulating public jobs for legislators - 50 state table," January 2015
  32. ↑ National Council of State Legislatures, "Ethics: personal financial disclosure for state legislators: income requirements," June 2014
  33. ↑ 33.0 33.1 census.gov, "Population Distribution and Change: 2000 to 2010," accessed May 15, 2014
  34. ↑ 34.0 34.1 census.gov, "Census 2000 PHC-T-2. Ranking Tables for States: 1990 and 2000," accessed May 15, 2014
  35. ↑ The News and Observer, "See the proposed NC Senate map," August 20, 2017
  36. ↑ The New York Times, "On Wave of Voter Unrest, Democrats Take Control of House," November 8, 2006
  37. ↑ The News and Observer, "See the proposed NC Senate map," August 20, 2017
  38. ↑ North Carolina Department of Cultural Resources, "Historical markers of North Carolina," accessed July 14, 2014
  39. ↑ Politico, "North Carolina governor alleges voter fraud in bid to hang on," November 21, 2016
  40. ↑ The Atlantic, "North Carolina's 'Legislative Coup' Is Over, and Republicans Won," December 16, 2016
  41. ↑ Twitter, "Roy Cooper," December 30, 2016
  42. ↑ USA Today, "GOP N.C. governor signs bill curbing Democrat successor's power," December 17, 2016
  43. ↑ NY Times, "North Carolina Governor Signs Law Limiting Successor’s Power," December 16, 2016
  44. ↑ CNN, "NC's GOP governor signs bill curbing successor's power," December 30, 2016
  45. ↑ The Hill, "NC governor vetoes bill allowing a new primary in disputed House race," December 21, 2018
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