2018 North Carolina legislative session

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2018 legislative sessions coverage
North Carolina State Legislature

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General information
Type:   State legislature
Term limits:   None
Session start:   January 10, 2018
Session end:   December 27, 2018
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 (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
Redistricting:  North Carolina Legislature has control

This page provides an overview of the 2018 General Assembly of North Carolina and its general and special sessions. The timelines below contain noteworthy events from the sessions Ballotpedia curated throughout the year.

In 2018, the General Assembly of North Carolina was in session from January 10 through July 4, 2018. The General Assembly reconvened the regular session on November 27.

Lawmakers convened three special sessions. Click on the links below to access relevant session information:

If you know of any additional events that should be added to this page, please email us at editor@ballotpedia.org.

Overview

Partisan control

North Carolina was one of 16 states under a divided government in 2018, meaning it did not have a state government trifecta. A state government trifecta occurs when one political party holds the governor's office, a majority in the state Senate, and a majority in the state House. For more information about divided governments and state government trifectas, click here.

North Carolina was also one of 17 states with supermajority status—typically when one party controls either three-fifths or two-thirds of a chamber.

The following tables show the partisan breakdown of the General Assembly of North Carolina in the 2018 legislative session.

Senate

Party As of July 2018
     Democratic Party 15
     Republican Party 34
     Vacancies 1
Total 50

House

Party As of July 2018
     Democratic Party 45
     Republican Party 75
     Vacancies 0
Total 120

Leadership in 2018

Senate

House

Status of legislation

Status of legislation: Regular session
Legislation Subject area Actions during the regular session Status
HB 90 Changes to education and elections laws Passed General Assembly
Became law without governor's signature 		Ruled unconstitutional
SB 486 Changes to election laws Passed General Assembly
Governor vetoed 		Veto overturned
SB 757 Changes to judicial districts Passed General Assembly
Governor vetoed 		Veto overturned
SB 814 Ballot measure related to judicial vacancies Passed General Assembly Revised during the second special session
SB 820 Raises per-job tax incentive Passed Senate
Passed House 		Governor signed
SB 823 Provides funding for hurricane response Passed Senate
Passed House 		Governor signed
SB 824 Defines voter ID requirements Passed Senate
Passed House
Governor vetoed 		Veto overturned
SB 99 Budget Passed General Assembly
Governor vetoed 		Veto overturned
Status of legislation: Special session, July 24 to August 4
Legislation Subject area Actions during the special session Status
SB 3 Supreme Court candidates and party affiliation Passed General Assembly
Governor vetoed 		Veto overturned
HB 3 Ballot designations Passed General Assembly
Governor vetoed 		Veto overturned
Status of legislation: Special session, October 2 to October 15
Legislation Subject area Actions during the special session Status
HB 4 Enact the Hurricane Florence Emergency Response Act Passed General Assembly Governor signed
SB 2 School calendar and pay in response to Hurricane Florence Passed General Assembly Governor signed
SB 3 Funding for Hurricane Florence recovery Passed General Assembly Governor signed

Regular session

February 14, 2018

Gov. Cooper announces he will neither sign nor veto HB 90
Democratic Governor Roy Cooper announced that he would allow HB 90 to become law despite his opposition to certain legislative changes in the bill. The bill passed the General Assembly of North Carolina on February 13.

HB 90 proposed phasing in lower student-teacher ratios for kindergarten through 3rd grade over four years (class-size changes would have gone into effect in the 2018-2019 school year); increasing pre-kindergarten funding by $173.4 million over fiscal years 2020 and 2021; and appropriating $61.4 million per year for K-5 arts, physical education, and language teachers.[1][2]

It also proposed distributing funding from a natural gas pipeline agreement to schools in counties impacted by the pipeline. An earlier agreement between Cooper and the Atlantic Coast Pipeline said the funds would be used for environmental mitigation and economic development. Local news station ABC 11 Eyewitness News reported, "Republicans argued the pipeline agreement created a 'slush fund' for Cooper that lacked transparency and controls to prevent money from being distributed to Cooper's political allies. Cooper said there would have been rules in the final details to prevent conflicts of interest. Lawmakers, he said, 'manufactured a power struggle.'"[2]

HB 90 also proposed changing the composition of the state Board of Elections. The bill proposed increasing the board's membership from five to nine—four members from the majority party, four from the minority party, and one unaffiliated member.[3] The Supreme Court in January struck down a Republican-backed bill that would have increased the board from five to eight members.[4] Cooper questioned the constitutionality of HB 90's changes.[5] Efforts to restructure the state Board of Elections have been a source of conflict between the Democratic governor and the Republican-controlled General Assembly since 2016.

Update: The bill became law without the governor's signature March 16. On October 16, a three-judge panel ruled parts of the bill were unconstitutional. Read more here.
See also: Conflicts between Gov. Roy Cooper and the North Carolina General Assembly

June 15, 2018

Governor Cooper vetoes election law and judicial redistricting-related bills
Democratic Gov. Roy Cooper's vetoed SB 486 and SB 757.

SB 486 would have 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 would have required criminal background checks for election workers and directed judges to list political affiliation on the ballot. SB 486 passed the state House 66-44 on June 4, 2018, and the state Senate agreed to amendments 30-12 on June 5, 2018. Cooper's veto read, "Continued election meddling for partisan advantage weakens public confidence. Judges' races should be free of partisan labels. Therefore, I veto the bill." Lawmakers approved legislation in 2017 that judges would run in partisan elections although they had run in nonpartisan elections for the previous decade.

SB 757 would have redrawn judicial districts in Wake and Mecklenburg counties by dividing the counties into districts, rather than having countywide judicial candidates. SB 757 passed the state House 70-45 and the state Senate concurred in amendments 28-14 on June 5, 2018. Rep. Justin Burr (R) said the bill was meant to make District Court, Superior Court, and prosecutorial districts more similar to each other. Cooper's veto read, "The legislative attempts to rig the courts by reducing the people's vote hurts justice. Piecemeal attempts to target judges create unnecessary confusion and show contempt for North Carolina's judiciary."[6][7][8]

Update: The North Carolina General Assembly overturned the vetoes on June 20, 2018.
See also: Conflicts between Gov. Roy Cooper and the North Carolina General Assembly

June 20, 2018

North Carolina General Assembly overrides governor vetoes of election law and judicial redistricting-related bills
The Republican-majority General Assembly of North Carolina voted to override Democratic Gov. Roy Cooper's vetoes of SB 486 and SB 757. Cooper vetoed the bills on June 15, 2018. The bills were the 15th and 16th bills that Cooper vetoed since he first took office in January 2017 and marked the 12th and 13th time the Republican-controlled General Assembly overturned vetoes.[9]

The governor said in his veto message that SB 757 amounted to political rigging and created confusion for the state's judiciary. Sen. Dan Bishop (R) said that SB 757 "cures an unconstitutional depravation of voter rights of a half million residents of Mecklenburg County" and the governor's veto "shows contempt for the people."[10] Democratic lawmakers argued that districtwide, rather than countywide, voting would help Republican judges win more seats. House Minority Leader Darren Jackson (D) said, "There's nothing to explain for this except for politics."[8]

Cooper vetoed SB 486 on the grounds that judicial elections should be nonpartisan. Rep. David Lewis (R) said SB 486, which required background checks for elections worker, would protect the state's elections from foreign or domestic interference.[8]

North Carolina is one of seven states that requires a three-fifths vote from both of its legislative chambers—72 of the 120 members in the North Carolina House of Representatives and 30 of the 50 members in the North Carolina State Senate—to override a veto. The table below shows vote totals for each chamber.

State Senate State House
SB 486 31-14 74-42
SB 757 31-14 74-43


See also: Conflicts between Gov. Roy Cooper and the North Carolina General Assembly

June 28, 2018

North Carolina General Assembly approves ballot measure related to judicial vacancies
The General Assembly of North Carolina voted to approve Senate Bill 814, which would create a new process of filling judicial vacancies that occur between judicial elections for state courts. The legislation passed the state Senate 34-13 on June 25, 2018, and the state House 73-45 on June 28, 2018.

The ballot measure would create a nine-member commission, called the Nonpartisan Judicial Merit Commission, to select potential appointees. Members of the commission would be appointed by the state legislature, governor, and supreme court chief justice. The process of how the appointments would be made would be set by statute.[11]

The commission would refer a list of potential appointees to the state legislature, which would select two of the nominees. The governor would then pick one of the two nominees to fill the vacancy.[11]

If the governor failed to make an appointment within 10 days after receiving the list of nominees from the legislature, the legislature would be empowered to elect, by a simple majority vote of each chamber, an appointee to fill the vacancy.[11]

If a vacancy occurred while the legislature was not in session, the supreme court chief justice would be empowered to select an individual to fill the vacancy.[11]

As of 2018, the governor fills vacant seats, and the appointee serves until the next judicial election.[11]

In North Carolina, a constitutional amendment must be passed by a 60 percent vote in each house of the legislature during one legislative session.

See also: North Carolina Judicial Selection for Midterm Vacancies Amendment (2018)

November 28, 2018

State Senate unanimously approves hurricane relief funding and tax incentives bills
The General Assembly reconvened for a regular session on November 27. On November 28, the state Senate unanimously approved Senate Bills 820 and 823.[12]

SB 820 proposed raising the state's per-job tax incentive from $6,5000 to $16,000.[12]

SB 823 proposed $299 million in funding for Hurricane Florence response efforts. In a meeting with the state Senate Appropriations Committee, sponsor Harry Brown (R-District 6) said the bill included:

  • $240 million to help farmers with recovery efforts.
  • $25 million for school repairs.
  • $18.5 million to the state Department of Environmental Quality for coastal storm drainage mitigation.
  • $10 million for commercial fishing assistance.
  • $5 million for small business loans and grants.
  • $1.5 million for school cafeterias.[12]
Update: SB 820 and 823 passed the state House on November 29. Gov. Cooper signed the bills December 3.

November 29, 2018

State Senate passes bill defining voter ID requirements
The state Senate approved SB 824, which proposed definitions for types of voter identification that would be accepted at the polls. The legislation responded to a 2018 ballot measure that passed on November 6. The North Carolina Voter ID Amendment added language to the state constitution to require voters to present a photo ID to vote in person.[11]

SB 824 included a list of acceptable IDs such as:

  • a North Carolina driver's license.
  • a U.S. passport.
  • a tribal enrollment card.
  • a military or veterans ID card.
  • a student ID card from state higher education institutions.
  • an employee ID card from a state or local government entity.[12]

The bill also included provisions requiring election officials to provide materials on the ID requirement changes with instructions, how to get a free photo ID, and the different ways to vote. State officials would be required to inform voters about the voter ID laws through multiple mail campaigns.[13]

Update: The state House approved SB 824 with amendments December 5 and the Senate agreed to the amendments December 6. Gov. Cooper vetoed the bill December 14. The legislature overturned the veto on December 19.
See also:
North Carolina Voter ID Amendment (2018)
Conflicts between Gov. Roy Cooper and the North Carolina General Assembly

House approves tax incentives, hurricane relief bills
The state House approved SB 820 and SB 823.

The House approved SB 820 by a vote of 78-23. It proposed increasing per-job tax incentives from $6,500 to $16,000. The incentives were directed towards companies with employees earning $150,000 or more per year.[14]

The House unanimously approved SB 823. The legislation directed the distribution of $299 million in funds for hurricane response efforts.[15]

Update: Gov. Cooper signed SB 820 and 823 December 3.

December 5, 2018

House passes voter ID-related bill with amendments
The state House approved an amended version of SB 824 67-40 along party lines.[16]

The House amended the legislation to include a provision requiring the state Board of Elections to establish rules to verify absentee ballots using photo identification.[17] The amendment proposed requiring voters to submit a photocopy of an ID or sign an affidavit saying they had good reason not to submit a photo ID with their absentee ballot.[18]

The Senate agreed to the amendments December 6.

Update: Gov. Cooper vetoed the bill December 14. The legislature overturned the veto on December 19.
See also: Conflicts between Gov. Roy Cooper and the North Carolina General Assembly

December 14, 2018

Governor vetoes voter ID-related bill
Gov. Cooper vetoed SB 824. In his veto message, Cooper said, "Requiring photo IDs for in-person voting is a solution in search of a problem." He added that the legislation would have confused individuals and discouraged them from voting. He also said the bill "was designed to suppress the rights of minority, poor and elderly voters." Click here to read the full message.

House Speaker Tim Moore said, "We are disappointed that Gov. Cooper chose to ignore the will of the people and reject a commonsense election integrity measure that is common in most states." Moore and Senate President Pro Tem Phil Berger, both Republicans, said the legislature would override the veto.[19][20]

Update: The legislature overturned the veto on December 19.
See also: Conflicts between Gov. Roy Cooper and the North Carolina General Assembly

December 19, 2018

Legislature overturns veto of voter ID bill
The legislature voted to overturn SB 824. On December 18, the Senate voted 33 to 12 to override Gov. Cooper's veto. The House approved the override on December 19 by a vote of 72 to 40.

See also: Conflicts between Gov. Roy Cooper and the North Carolina General Assembly

Budget

2018

On June 12, 2018, the Republican-controlled General Assembly of North Carolina overturned Democratic Gov. Roy Cooper's veto of Senate Bill 99. The governor vetoed the $23.9 billion budget bill on June 6, 2018.

The General Assembly of North Carolina initially agreed to the budget bill along party lines on June 1, 2018. The plan included proposed pay raises. All state workers would receive at least a 2 percent raise. Corrections officers would receive 4 percent more, teachers 6.5 percent more on average, and highway patrol troopers 8 percent more. The bill also proposed funds for prison security, school safety and construction, state economic development initiatives, a plan to study on contaminants in state rivers, and a 1 percent cost-of-living adjustment for retired state employees.[21][22]

The governor's veto

In his veto message, Cooper wrote:[23]

“ I will not sign my name to a budget that protects corporations and the wealthy at the expense of schools and students. This budget falls short of what our teachers and public education need. North Carolinians will not stand for a secret, unchangeable budget born of a broken legislative process.[24] ”

A joint statement from Senate Leader Phil Berger (R) and House Speaker Tim Moore (R) defended the budget: "The people of North Carolina deserve better and they will get it when we override his veto."[25]

Veto overturned

The state Senate voted 34-13 along party lines on June 7, 2018, and the state House voted 73-44 on June 12, 2018. Rep. Duane Hall (D) joined House Republicans to vote in favor of the override because of raises for state employees.[26]

A spokesman for Gov. Cooper, Ford Porter, said in a statement after the override that voters should hold legislators accountable in November:

“ Legislative leaders rammed this budget through with no public input or the opportunity for amendment, and North Carolina families should hold their representatives accountable.[24] ”

Disagreements surrounding the budget

  • Corporate income tax cuts. Legislators and the governor disagreed on a corporate income tax cut scheduled to go into effect in 2019. Cooper wanted to halt the tax cuts on individuals earning more than $200,000 and use the revenue for teacher raises. Legislators approved a final budget bill that kept the tax cuts intact. Cooper denied the legislature's nonpartisan Fiscal Research Division's projections that his budget proposal would lead to a $450 million deficit in several years. Instead, he said the tax cuts would lead to a deficit.[25][27]
  • Public charter school expansion. Legislators also proposed aiding public charter school expansion and private school voucher programs, which Cooper opposed. The News & Observer reported that, despite the disagreements, the legislation included provisions that went further than the governor's suggestions, including raising the minimum wage to $15 per hour and giving bigger raises to corrections officers.[25][27]
  • Alleged blocking of amendments. Democrats accused Republicans of blocking amendments that would have prevented upcoming tax breaks, created restrictions on firearms, and provided more funds to address emerging contaminants. Democrats were also unsatisfied with provisions to stop a light rail project for Orange and Durham counties and to delay implementation of revised water quality rules in Jordan Lake and Falls Lake watersheds.[21][22]
  • Closed-door process. Democrats also criticized Republicans for conducting a closed-door process to pass the legislation. Rep. Billy Richardson (D) said in a speech, "It is so important that when we yield power, and our founding fathers taught us this, that we do so inclusively." Sen. Jeff Jackson (D) called on Republicans to have an open process: "You can't do it," he said. "You can't do it because the truth is it's a political calculation. You're betting that you'll pay less of a political price by eliminating any real budget process than you'd pay by actually going through that process, and you might be right."[22][28] Read more here.
See also: Conflicts between Gov. Roy Cooper and the North Carolina General Assembly

Process

See also: North Carolina state budget and finances
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Check out Ballotpedia articles about policy in your state on:
Budgets • Civil liberties • Education • Elections • Energy • Environment • Healthcare • Pensions

The state operates on a biennial budget cycle. The sequence of key events in the budget process is as follows:[29]

  1. Budget instructions are sent to state agencies in October.
  2. State agency budget requests are submitted in December.
  3. The governor submits his or her proposed budget to the North Carolina State Legislature in March.
  4. The legislature adopts a budget between June and August. A simple majority is required to pass a budget.
  5. The biennial budget cycle begins in July.

North Carolina is one of six states in which the governor cannot exercise line item veto authority.[29][30]

The governor is constitutionally and statutorily required to submit a balanced budget. Likewise, the legislature is constitutionally and statutorily required to pass a balanced budget.[29]

Special session: July 24 to August 4, 2018

Legislative leaders issued a proclamation calling the General Assembly of North Carolina into a special session to "consider bills concerning any matters the General Assembly elects to consider."[31]

Republican lawmakers said before the session that they were concerned with the process for choosing ballot titles for the six constiutional amendments certified for the ballot on November 6, 2018. They alleged that the three-member Constitutional Amendments Publication Commission, tasked with writing the ballot titles and questions and controlled by Democrats in 2018, was under pressure to politicize the titles. Lawmakers wanted to transfer responsibility of title-writing from the commission to the Republican-majority legislature.[32]

July 24, 2018

Lawmakers pass bill on Supreme Court candidates and party affiliation
The General Assembly of North Carolina drafted, introduced, and passed along party lines (with Democrats opposed) SB 3, which would prohibit 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.[33] The bill would be effective immediately if it becomes law.

The legislation faced criticism from Democratic legislators and Supreme Court candidate Chris Anglin (R), who switched his party registration from Democratic and filed as a Republican for the same seat Barbara Jackson (R) was defending from Anita Earls (D). Anglin's entry was met by charges that the Democratic Party was attempting to split the Republican vote and that Anglin was trying to take advantage of the system.[34][35]

Anglin responded to the legislation by accusing the Republicans of trying "to hand pick their judge and undermine our democratic process."[36] Sen. Ben Clark (D) said he didn't believe the legislation was constitutional.[35]

Update: Gov. Roy Cooper (D) vetoed the legislation on July 27, 2018, and the General Assembly of North Carolina overturned the veto on August 4, 2018.
See also: State judicial elections, 2018

General Assembly approves legislation on ballot measure language
The General Assembly of North Carolina filed and approved HB 3, which would change a 2016 law authorizing the Constitutional Amendments Publication Commission to write ballot measure titles by turning the task over to the General Assembly—under Republican control in 2018.[37] The commission was made up of three members—the secretary of state, the attorney general, and the legislative services officer of the General Assembly. In 2018, the panel contained two Democrats and one Republican.[38]

Republican legislators expressed concern that the commission faced pressure to politicize the ballot measure titles. In a letter before the special session to House Speaker Tim Moore (R), House Rules Committee Chairman David Lewis (R) wrote, "It appears that the Commission may be falling to outside political pressure, contemplating politicizing the title crafting process, including using long sentences or negative language in order to hurt the amendments’ chances of passing."[39]

Secretary of State Elaine Marshall (D) said in a letter to legislative leaders that the commission had not been subject to political pressure.[37] On July 31, 2018, Marshall and Attorney General Josh Stein (D) criticized two of the six ballot measures for containing misleading and inaccurate language. House Speaker Tim Moore (R) and Senate President Pro Tem Phil Berger (R) responded that the criticism confirmed Republican legislators' concerns about the politicization of the commission.[40]

Update: Gov. Roy Cooper (D) vetoed the legislation on July 27, 2018, and the General Assembly of North Carolina overturned the veto on August 4, 2018.
See also: North Carolina 2018 ballot measures

July 27, 2018

Gov. Cooper vetoes bills passed in special session
Gov. Roy Cooper (D) vetoed SB 3 and HB 3. SB 3 would have prohibited 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.[33] HB 3 would have authorized the General Assembly, rather than the Constitutional Amendments Publication Commission, to write ballot measure titles.[37] Both bills passed the General Assembly on July 24, 2018.

In his veto message of SB 3, Cooper wrote:

“ Changing the rules for candidates after the filing deadline has closed is unlawful and wrong, especially when the motive is to rig a contest after it is already underway. All judge elections should be free or partisanship, and continued undermining of these elections creates confusion and shows contempt for the judiciary.[24] ”


Cooper objected to HB 3 on the grounds that the six constitutional amendments certified for the ballot on November 6, 2018, "would dramatically weaken our system of checks and balances" and used "misleading and deceptive terms" in their descriptions.[41] Cooper continued:

“ This bill compounds those problems by stopping additional information that may more accurately describe the proposed amendments on the ballot. Voters should not be further misled about the sweeping changes the General Assembly wants to put in the consitution.[24] ”


Republican legislative leaders said they planned to overturn the vetoes, which were placed on the calendar for August 4, 2018.[42]

Republicans had more than enough members in each chamber to override a veto in 2018. A veto override requires three-fifths of members in both chambers—72 of the 120 members in the North Carolina House of Representatives and 30 of the 50 members in the North Carolina State Senate.

Update: The General Assembly of North Carolina overturned the vetoes on August 4, 2018.
See also:

August 4, 2018

General Assembly overturns governor's vetoes of SB 3 and HB 3
The General Assembly of North Carolina overturned Gov. Roy Cooper's vetoes of SB 3 and HB 3. Cooper vetoed the bills on July 27, 2018. 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.[33] HB 3 transfers the responsibility of writing ballot measure titles from the Constitutional Amendments Publication Commission to the General Assembly.[37]

See also:

Special session: August 24 to August 27, 2018

The General Assembly of North Carolina held a special session from August 24 to August 27 to rewrite language for two ballot measures that a three-judge panel blocked from appearing on the November 2018 ballot.[43]

House Speaker Tim Moore (R) said he believed the "proposals provide a popular bipartisan balance in our state government that will benefit the people of North Carolina." House Minority Leader Darren Jackson (D) said the session represented "time and money wasted on special sessions, power grabs and favors for special interests." Gov. Roy Cooper (D) did not support the session.[43]

Background

In a 2-1 decision on August 21, Democratic Judge Forrest D. Bridges and unaffiliated Judge Thomas H. Lock signed the decision to remove the Legislative Appointments to Elections Board and Commissions Amendment and the Judicial Selection for Midterm Vacancies Amendment from the November 2018 ballot. Judge Jeffery Carpenter, a Republican, dissented.

According to Judges Bridges and Lock, the ballot language the legislature included for the two amendments would not have informed voters as to the amendments' effects and would not have allowed voters to form an educated opinion.[44]

Original ballot measures

Prior to the General Assembly's revisions, the ballot measures proposed the following:

  • The Legislative Appointments to Elections Board and Commissions Amendment would have removed the governor's power to make appointments to the elections and ethics board, meaning legislative leaders would have made all eight appointments to the board. It also would have provided that the legislature controlled the powers, duties, appointments, and terms of office for state boards and commissions.
  • The Judicial Selection for Midterm Vacancies Amendment would have removed the governor's power to fill judicial vacancies and, instead, required a commission to develop a list of candidates, legislators to narrow the list down to two candidates, and the governor to select the final nominee.
See also: North Carolina 2018 ballot measures

August 24, 2018

House approves new versions of two constitutional amendments
The state House approved new versions of the two constitutional amendments.[45]

The Legislative Appointments to Elections Board and Commissions Amendment was rewritten to affect just the elections board, rather than the elections board and all other commissions. The vote was along partisan lines, with Republicans supporting and Democrats opposing the amendment.[46]

House Republicans approved the Judicial Selection for Midterm Vacancies Amendment with different ballot language than the original. Democrats, along with one Republican, voted against the amendment.[47]

August 27, 2018

State Senate approves two rewritten ballot measures
The state Senate approved new versions of the two constitutional amendments.[48]

Senate Republicans, along with one Democrat, approved the rewritten Legislative Appointments to Elections Board Amendment and the rewritten Judicial Selection for Midterm Vacancies Amendment..[46][47]

Legislators maintained provisions in one amendment that proposed allowing lawmakers to participate in the governor's selection of appeals and trial court vacancies. At the time of the measure's revision, the governor appointed judges to vacancies without legislative participation.[49] Lawmakers removed a clause that some interpreted as allowing the legislature to bypass the governor's veto authority.[50]

The second revised amendment proposed allowing legislators, rather than the governor, to appoint all eight members to the elections and ethics board. Lawmakers removed a proposal that would have allowed legislators to control the powers, duties, appointments, and terms of office for state boards and commissions.[49]

Gov Roy Cooper's (D) spokesperson Ford Porter responded to the passage of the revised amendments, saying, "Yes, you can expect further legal action. Less than a week before ballots are to be printed, rather than repeal their old misleading amendments, Republicans have passed more misleading amendments to erode checks and balances in our state’s constitution."[51]

For information on the lawsuits regarding the revised constitutional amendments, click here.

Special session: October 2 to October 15

The North Carolina General Assembly convened a special session October 2 to discuss Hurricane Florence response efforts. Gov. Cooper initially called for a special session to convene October 9 but lawmakers asked the governor to move up the date.[52][53]

Hurricane Florence made landfall in North Carolina September 14.[54] The storm released 8 trillion gallons of rain and caused 2,500 roads to close. According to The Wall Street Journal on October 4, more than 300,000 people applied for state and federal assistance and 104,000 registered for relief with the Federal Emergency Management Agency for assistance with damaged homes.[55] North Carolina Public Radio reported October 16 that authorities confirmed 40 storm-related deaths.[56]

October 3, 2018

Governor signs legislation for Hurricane Florence relief
Gov. Cooper signed SB 2 and HB 4, two bills aimed at providing relief after Hurricane Florence.[57] The General Assembly approved both bills unanimously.

State law requires public schools to conduct 185 instructional school days per year. SB 2 aimed to make the school calendar more flexible, allowing schools in 28 counties to miss up to 20 instructional school days and still meet state requirements. It also said public school employees, except for charter schools, should be compensated for school days missed in September and October due to Hurricane Florence, even if the school days were not made up during the academic year.[58][59]

HB 4 created the Hurricane Florence Disaster Recovery Fund to "provide necessary and appropriate relief and assistance from the effects of Hurricane Florence." It directed the state controller to appropriate $56.5 million for the 2018-2019 fiscal year to the fund and provided for the allocation of the funds:

  • $6.5 million for compensation to school lunch employees.
  • $50 million to match state funds with federal disaster assistance funds and to pay for relief and assistance in counties designated under a major disaster declaration from the president.[60]

HB 4 also extended the voter registration deadline by three days.[59]


October 16, 2018

Governor signs legislation allocating funds for Hurricane Florence recovery
Gov. Cooper signed SB 3, called the 2018 Hurricane Florence Disaster Recovery Act. The General Assembly approved the legislation October 15.

The bill allocated $400 million for immediate recovery efforts. Another $450 million was set aside for future purposes. The funds came from the state's emergency reserve funds. The bill set aside:

  • $95 million for public school repair.
  • $7 million to help higher education students remain enrolled.
  • $50 million for farmers.
  • $23 million for homeowners.[56]

On October 10, Gov. Cooper released a statement estimating the hurricane caused $13 billion in preliminary damage. He recommended a $1.5 billion spending package for recovery, with an "initial down payment of $750 million."[61]

Conflicts between the governor and the General Assembly

North Carolina's executive and legislative branches entered in a state of conflict following the 2016 election. The Republican supermajorities in each chamber of the legislature allowed Republicans to pass legislation and override gubernatorial vetoes with little intervention by Democrats.

In the 2017-2018 legislative session, the Republican-controlled legislature used its veto-proof majority to override 23 of the 28 vetoes issued by Gov. Cooper. At that time, it was the most vetoes the North Carolina legislature had ever overridden in a legislative session.[9]

Noteworthy events

Three-judge panel rules election board laws unconstitutional

On October 16, a three-judge panel ruled in a 2-1 decision that two laws related to the North Carolina State Board of Elections and the State Ethics Commission were unconstitutional.[62] The ruling said parts of Session Law 2018-2 and Session Law 2017-6 violated the separation of powers clause. The ruling allowed the board to continue to function until after the general elections on November 6, 2018.[63] Click here to read the full order.

Session Law 2017-6 passed the General Assembly April 11, 2017. Gov. Cooper vetoed the legislation April 21 but the General Assembly overrode it April 25. The legislation proposed merging the state elections board and ethics commission and split the new board between Democrats and Republicans. Gov. Cooper filed a lawsuit to block the law from taking effect. The suit was intially dismissed and the governor appealed in June 2017.[64]

The General Assembly passed Session Law 2018-2 February 13, 2018. The legislation also proposed changes to the state board of election. It became law without the governor's signature. Cooper filed a legal challenge to the law in March.[64]

See also: Conflicts between Gov. Roy Cooper and the North Carolina General Assembly

North Carolina public school teachers strike

North Carolina teachers marched on the capitol in what they called an advocacy day. The North Carolina Association of Educators (NCAE) announced in April that the advocacy day was planned for May 16, the same day the General Assembly of North Carolina reconvened.[65][66] The Huffington Post reported that the strike was believed to be the largest teacher protest in state history.[67]

Background

  • North Carolina ranked 41st (out of 50 states plus Washington, D.C.) in the National Education Association's (NEA) 2017 ranking for per-pupil expenditures, spending $9,329 per student. The national average was $11,642.[68]
  • The NEA also ranked North Carolina's average teacher salary of $49,970 in 2017 as 39th out of the 50 states and Washington, D.C. The national teacher salary average for 2017 was $59,660.[68]
  • North Carolina had 1,524,309 students enrolled in public schools (including charter schools) across 115 total school districts as of the first month of the 2017-2018 school year.[69]

April 25: North Carolina Association of Educators announces advocacy day

  • In a statement, the NCAE said, "Educators from all over the state are converging here in Raleigh for the opening of the General Assembly to let them know our students deserve more, and we demand respect. Educators and their supporters are taking action, all over the country, it’s our turn now."[66] NCAE President Mark Jewell told Policy Watch that the protest would focus on funding for teacher pay, textbooks, and classroom resources as well as greater investment in public education.[70]

May 7: Largest school districts plan to shut down

  • At least 13 school districts, including the largest in the state, announced that they planned to shut down on May 16 due to a scheduled teacher rally for more education funding and improved working conditions. In some cities, May 16 was classified as an optional work day for educators, according to The Business Journals.[71][72]
  • Wake County School Board Chairwoman Monika Johnson-Hostler wrote in a letter to parents that educators were aware the closures were disruptive and asked for support: "The voices of our teachers need to be heard. Year after year our teachers are asked to do more with less. I ask that you support them in their decision to highlight the needs of their profession and your children."[72]

May 16: Teachers participate in advocacy day

  • At least 40 school districts across North Carolina, including the state's largest, closed as an estimated 20,000 North Carolina teachers participated in what they called an advocacy day.[73][74] According to ABC News, nearly one million students were not in school as a result.[75]
According to New York Magazine, the districts that canceled class were located in urban and suburban counties and school districts in rural counties stayed open.[76]
  • Teachers called for increased education funding, particularly demanding increased per-pupil funding and a $10,000 pay raise over four years.[73][75]
  • The state teachers' union, the North Carolina Association of Educators (NCAE), said the advocacy day was "the beginning of a six-month stretch of time to hold our legislators accountable for prioritizing corporate tax cuts, instead of our classrooms. The ultimate goal is electing more pro-public education leaders in North Carolina to return our state back to a beacon for public schools."[77]
  • They also announced specific legislative goals:
“
  • Per-Pupil Spending to the National Average in Four Years
  • A Multi-Year Professional Compensation and Benefits Plan for ALL Educators that includes:
    • Ending Experienced Educator Pay Discrimination
    • Average Teacher Pay to National Average in Four Years
    • Significant and Livable Raises for ALL Public School Employees
    • Restoring Advanced Degree Pay
    • Restoring Longevity Pay
    • Annual Cost-of-Living Increase
    • Enhanced and Protected Health Insurance and Pension
    • Ending Pay for Performance Based on Test Scores, Including for Administrators
    • Reinstating Career Status
    • Real Dedicated Planning Time and Lunch Time
  • Investing in the Health and Well-Being of our Students and Making Schools Safer including:
    • At least 500 additional school nurses, social workers, and counselors this year
    • Improve health options for our most vulnerable students by expanding Medicaid
  • Fix Our Crumbling Schools and Large Class Sizes With a $1.9 Billion Statewide School Construction Bond
  • No Corporate Tax Cuts Until Per-Pupil Spending and Teacher Pay Reach the National Average[24]
 ”
  • State legislators and the governor respond to strike.
  • Rep. Mark Brody (R) wrote in a Facebook post, "Teaching our children that it is OK to not show up for work does not set a good example." He also referred to the teachers' union as "thugs."
  • Rep. Chaz Beasley (D) said, "Doing more is not the same as doing enough and clearly our teachers are telling us we are not doing enough. I think we need to listen to them. I think rather than being defensive about the fact that they are here, we need to be on the offense and doing everything we can for our kids and teachers."[78]
  • Rep. Jeffrey Elmore (R), chair of the House K-12 Education Committee and an elementary school art teacher, said, "You are coming off 2008 with the biggest recession since the great depression and as you know the government revenues lag a year behind with the economic growth and we do have ground to gain and we do have goals and we are working towards those goals."[78]
  • Senate President Pro Tem Phil Berger (R) said, "We have no intention of raising taxes." He added that the day should focus on "the fact that a million kids are not going to be in school because a political organization" wanted teachers to rally at the capitol.[79]
  • Gov. Roy Cooper (D) proposed raising teacher pay by an average of 8 percent and by up to 14.8 percent for teachers with at least 25 years of experience.[75] He spoke at a rally before teachers and encouraged them to vote Republicans out of office.[80]

Legislatively referred 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 by 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 North Carolina Constitution provides two mechanisms for amending the state's constitution—a legislative process and a state constitutional convention. North Carolina requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.

Legislature

See also: Legislatively referred constitutional amendment

A 60% vote is required during one legislative session for the North Carolina General Assembly to place a constitutional amendment on the ballot. That amounts to a minimum of 72 votes in the North Carolina House of Representatives and 30 votes in the North Carolina State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Convention

See also: Convention-referred constitutional amendment

According to Article XIII of the North Carolina Constitution, a two-thirds (66.67%) vote vote of both chambers of state Legislature is required to place a constitutional convention question on the ballot. A simple majority vote is required for voters to approve the question. Any amendments proposed by a constitutional convention also require voter approval.


See also

Elections North Carolina State Government State Legislatures State Politics
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External links

Footnotes

  1. ↑ The News & Observer, "NC governor says he won’t veto class-size fix," February 14, 2018
  2. ↑ 2.0 2.1 ABC 11 Eyewitness News, "Unhappy Cooper says he'll let class-size bill become law," February 14, 2018
  3. ↑ General Assembly of North Carolina, "House Bill 90-Ratified," February 13, 2018
  4. ↑ Slate, "North Carolina Supreme Court Strikes Down GOP Attempt to Control Elections Board," January 26, 2018
  5. ↑ The News & Observer, "NC Gov. Cooper says HB90 should not have included pipeline fund and election board changes," February 15, 2018
  6. ↑ WRAL, "House OKs court redistricting, elections, school safety bills," June 4, 2018
  7. ↑ WRAL, "Cooper vetoes elections, judiciary bills," June 15, 2018
  8. ↑ 8.0 8.1 8.2 U.S. News & World Report, "Republicans Complete Veto Overrides on 2 Election-Bills," June 20, 2018
  9. ↑ 9.0 9.1 North Carolina Legislature, "North Carolina Veto History and Statistics 1997-2018," accessed June 13, 2018 Cite error: Invalid <ref> tag; name "ncveto" defined multiple times with different content
  10. ↑ WRAL, "Senate votes to override Cooper vetoes," June 19, 2018
  11. ↑ 11.0 11.1 11.2 11.3 11.4 11.5 North Carolina State Legislature, "Senate Bill 814," accessed June 27, 2018 Cite error: Invalid <ref> tag; name "bill" defined multiple times with different content
  12. ↑ 12.0 12.1 12.2 12.3 ABC 11 Eyewitness News, "LIVE UPDATES: Day 2 of critical lame-duck session at North Carolina General Assembly," November 28, 2018
  13. ↑ The Courier-Tribune, "Here’s what the latest N.C. Senate bill proposes for Voter ID," November 29, 2018
  14. ↑ Winston-Salem Journal, "Legislature passes corporate HQ incentive bill; Charlotte appears in line to gain Honeywell," November 29, 2018
  15. ↑ WRAL.com, "Legislature finalizes how to spend $300M in hurricane relief," November 29, 2018
  16. ↑ The Charlotte Observer, "As fraud investigation continues, NC Republicans vote for absentee ballot IDs," December 5, 2018
  17. ↑ ABC 11, "North Carolina Voter ID bill heads back to Senate," December 6, 2018
  18. ↑ The Atlantic, "There’s Finally a Persuasive Case of Election Fraud, and Republicans Don’t Care," December 6, 2018
  19. ↑ The News & Observer, "NC Gov. Roy Cooper vetoes voter ID bill," December 14, 2018
  20. ↑ Fox News, "North Carolina GOP vows to override Dem governor’s veto of voter ID bill," December 16, 2018
  21. ↑ 21.0 21.1 U.S. News & World Report, "The Latest: Budget Item Would Let City Taxes Go to Schools," May 29, 2018
  22. ↑ 22.0 22.1 22.2 The News & Observer, "NC budget passes legislature – the next move is up to Roy Cooper," June 1, 2018
  23. ↑ North Carolina Legislature, "Governor Roy Cooper objections and veto message," June 6, 2018
  24. ↑ 24.0 24.1 24.2 24.3 24.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  25. ↑ 25.0 25.1 25.2 The News & Observer, "Roy Cooper vetoes state budget," June 6, 2018
  26. ↑ WRAL, "State budget now law after House overrides veto," June 12, 2018
  27. ↑ 27.0 27.1 WRAL, "Cooper vetoes GOP budget, saying it 'doesn't cut it'," June 6, 2018
  28. ↑ WRAL, "Senate approves state budget," May 31, 2018
  29. ↑ 29.0 29.1 29.2 National Association of State Budget Officers, "Budget Processes in the States, Spring 2021," accessed January 24, 2023
  30. ↑ National Conference of State Legislatures, "Separation of Powers: Executive Veto Powers," accessed January 26, 2024
  31. ↑ ABC11.com, "Republican leaders hastily call for special session in Raleigh," July 23, 2018
  32. ↑ The Times-News, "N.C. lawmakers call special session on ballot wording," July 23, 2018
  33. ↑ 33.0 33.1 33.2 Slate, "North Carolina Republicans Pass Yet Another Law to Throw State Supreme Court Race to a Republican," July 25, 2018
  34. ↑ North Carolina Lawyer's Weekly, "Late candidacy could help Democrats win Supreme Court race," July 9, 2018
  35. ↑ 35.0 35.1 CBS17.com, "Lawmakers pass bill to remove party label from 1 Republican running for Supreme Court," July 25, 2018
  36. ↑ The Courier-Tribune, "Republicans vote against Supreme Court candidate running as a Republican," July 26, 2018
  37. ↑ 37.0 37.1 37.2 37.3 The News & Observer, "NC Republicans change what voters will see on ballots about their amendments," July 24, 2018
  38. ↑ The Huffington Post, "North Carolina Republicans Flip Out About Voters Knowing What They’re Voting On," July 31, 2018
  39. ↑ The News & Observer, "NC lawmakers may hold special session to write ballot wording for amendments," July 21, 2018
  40. ↑ Winston-Salem Journal, "Democrats: North Carolina constitutional amendments questions misleading," July 31, 2018
  41. ↑ General Assembly of North Carolina, "Governor's Veto of House Bill 3, Ballot Designations/Referenda: Governor's Objections and Veto Message," accessed August 3, 2018
  42. ↑ WRAL, "Cooper vetoes ballot language bills OK'd in special session," July 27, 2018
  43. ↑ 43.0 43.1 WRAL, "Lawmakers call another special session on proposed amendments," August 23, 2018
  44. ↑ North Carolina Superior Court, "Order on Injunctive Relief," August 21, 2018
  45. ↑ WWAY, "NC House Approves 2 Replacement Amendments," August 24, 2018
  46. ↑ 46.0 46.1 General Assembly of North Carolina, "House Bill 4," accessed August 28, 2018
  47. ↑ 47.0 47.1 General Assembly of North Carolina, "House Bill 3," accessed August 28, 2018
  48. ↑ The Charlotte Observer, "Senate wraps up approval of latest constitutional amendments," August 27, 2018
  49. ↑ 49.0 49.1 WFAE, "General Assembly Passes Rewritten Constitutional Amendments," August 27, 2018
  50. ↑ The News & Observer, "Cooper to legislators: ‘Expect further legal action’ on constitutional amendments," August 27, 2018
  51. ↑ The News & Observer, "Cooper to legislators: ‘Expect further legal action’ on constitutional amendments," August 27, 2018
  52. ↑ North Carolina Governor Roy Cooper, "Governor Cooper Calls For Legislative Special Session To Fund Hurricane Florence Recovery Needs," September 20, 2018
  53. ↑ The Washington Post, "The Latest: North Carolina special session to move up," September 24, 2018
  54. ↑ USA Today, "Hurricane Florence: What we know on Friday," September 14, 2018
  55. ↑ The Wall Street Journal, "Hurricane Florence’s Force Is Still Felt in North Carolina Weeks Later," October 4, 2018
  56. ↑ 56.0 56.1 WUNC, "North Carolina Lawmakers Approve More than $800M In Florence Spending," October 17, 2018
  57. ↑ North Carolina Governor Roy Cooper, "Governor Cooper Signs Hurricane Florence Relief Legislation Into Law," October 3, 2018
  58. ↑ General Assembly of North Carolina, "Senate Bill 2: Ratified bill," accessed October 4, 2018
  59. ↑ 59.0 59.1 News & Record, "Cooper signs legislation providing $56.6M in Florence relief," October 3, 2018
  60. ↑ General Assembly of North Carolina, "House Bill 4: Ratified bill," accessed October 3, 2018
  61. ↑ NC Governor Roy Cooper, "Governor Cooper Recommends Robust State Funding Package for Hurricane Florence Recovery and Resiliency," October 10, 2018
  62. ↑ The News & Observer, "The legislature made unconstitutional changes to the NC elections board, judges rule," October 16, 2018
  63. ↑ The Progressive Pulse, "BREAKING: 3-judge panel rules Board of Elections, Ethics Enforcement structure unconstitutional," October 16, 2018
  64. ↑ 64.0 64.1 Wake County Superior Court, Cooper v. Berger, October 16, 2018
  65. ↑ Facebook, "North Carolina Association of Educators on April 27, 2018," accessed May 1, 2018
  66. ↑ 66.0 66.1 Pay Day Report, "North Carolina Teachers to Strike in May – Louisiana Teachers Could Follow – Georgia Bus Drivers Fired for Striking," April 30, 2018
  67. ↑ The Huffington Post, "North Carolina Teachers Just Closed Schools With A Massive Protest," May 16, 2018
  68. ↑ 68.0 68.1 National Education Association, "Rankings of the States 2017 and Estimates of School Statistics 2018," April 2018
  69. ↑ Sara Reynolds, "Email correspondence with the North Carolina Department of Public Instruction," May 16, 2018
  70. ↑ The Progressive Pulse, "As teachers strike across the U.S., North Carolina teachers plan advocacy day in May," April 2, 2018
  71. ↑ WTOP, "North Carolina school districts closing for teacher protest," May 7, 2018
  72. ↑ 72.0 72.1 72.2 The Business Journals, "Another state's teachers plan walkout," May 9, 2018
  73. ↑ 73.0 73.1 Mic.com, "As North Carolina’s legislature prepares to reconvene, teachers plan to walk out," May 14, 2018
  74. ↑ U.S. News & World Report, "North Carolina Teachers Walk Out," May 16, 2018
  75. ↑ 75.0 75.1 75.2 ABC News, "More than 1 million students to miss school as teacher revolt sweeping nation heads to new state," May 15, 2018
  76. ↑ New York Magazine, "North Carolina Teachers March for More Education Funding," May 16, 2018
  77. ↑ North Carolina Association of Educators, "Educators Announce “Respect Public Education” Priorities in Advance of the March for Students and Rally in Raleigh," accessed May 16, 2018
  78. ↑ 78.0 78.1 WBTV, "NC lawmakers react to teacher rally," May 17, 2018
  79. ↑ Time, "North Carolina Teachers March on State Capital in Mass School Walkout," May 16, 2018
  80. ↑ The Times-News, "The Latest: Gov. Cooper speaks to thousands at rally," May 16, 2018
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