NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 394

HOUSE BILL 554

 

 

AN ACT TO AMEND ARTICLE IV OF THE CONSTITUTION OF NORTH CAROLINA TO CHANGE THE NAME OF THE SOLICITOR TO DISTRICT ATTORNEY.

 

The General Assembly of North Carolina enacts:

 

Section 1.  The caption to Section 18, and subsection (1) of Section 18 of Article IV of the Constitution of North Carolina, is rewritten to read as follows:

"Section 18.  District Attorney and prosecutorial districts.

(1)        District Attorneys. The General Assembly shall, from time to time, divide the State into a convenient number of prosecutorial districts, for each of which a District Attorney shall be chosen for a term of four years by the qualified voters thereof, at the same time and places as members of the General Assembly are elected. The District Attorney shall advise the officers of justice in his district, be responsible for the prosecution on behalf of the State of all criminal actions in the Superior Courts of his district, perform such duties related to appeals therefrom as the Attorney General may require, and perform such other duties as the General Assembly may prescribe."

Sec. 2.  The amendment set out in Section 1 of this act shall be submitted to the qualified voters of the State at the next general election. That election shall be conducted under the laws then governing elections in this State. At that election, each qualified voter desiring to vote shall be provided a ballot on which shall be printed the following:

"[ ] FOR constitutional amendment changing the title

of the constitutional office of 'Solicitor' to 'District Attorney'.

"[ ] AGAINST constitutional amendment changing the

title of the constitutional office of 'Solicitor' to 'District Attorney'."

Those qualified voters favoring the amendment set out in Section 1 of this act shall vote by marking an X or a check mark in the square beside the statement beginning "FOR", and those qualified voters opposed to that amendment shall vote by marking an X or check mark in the square beside the statement beginning "AGAINST".

Notwithstanding the foregoing provisions of this section, voting machines may be used in accordance with rules and regulations prescribed by the State Board of Elections.

Sec. 3.  If a majority of the votes cast thereon are in favor of the amendment set out in Section 1 of this act, then the Governor shall certify the amendment to the Secretary of State, who shall enroll the amendment so certified among the permanent records of his office, and the amendment shall become effective on the first day of the next succeeding month.

Sec. 4.  All laws and clauses of laws in conflict with this act are repealed.

Sec. 5.  This act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 9th day of May, 1973.