NORTH CAROLINA GENERAL ASSEMBLY

1981 SESSION

CHAPTER 513

HOUSE BILL 783

AN ACT TO AMEND ARTICLE IV OF THE STATE CONSTITUTION TO PERMIT RECALL OF RETIRED SUPREME COURT JUSTICES OR COURT OF APPEALS JUDGES TO SERVE TEMPORARILY ON EITHER APPELLATE COURT.

The General Assembly of North Carolina enacts:

Section 1. Article IV, Section 8 of the Constitution of North Carolina is amended by rewriting the first sentence thereof to read as follows:

"The General Assembly shall provide by general law for the retirement of Justices and Judges of the General Court of Justice, and may provide for the temporary recall of any retired Justice or Judge to serve on the court or courts of the division from which he was retired."

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 statewide primary or statewide general election or the next statewide election, whichever is earlier, which election shall be conducted under the laws then governing general elections in this State.

Sec. 3. At the election each qualified voter presenting himself to vote shall be provided a ballot on which shall be printed the following:

"[ ] FOR constitutional amendment authorizing General Assembly to provide for temporary recall of retired Supreme Court Justices or Court of Appeals Judges to serve temporarily on either appellate court.

[ ] AGAINST constitutional amendment authorizing General Assembly to provide for temporary recall of retired Supreme Court Justices or Court of Appeals Judges to serve temporarily on either appellate court."

Sec. 4. 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. 5. If a majority of the votes cast are in favor of the amendment set out in Section 1 of this act, the amendment shall be certified by the State Board of Elections to the Secretary of State, who shall enroll the amendment among the permanent records of his office, and the amendment shall become effective January 1, 1983.

Sec. 6. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 5th day of June, 1981.