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General Assembly of North Carolina

From Ballotpedia
North Carolina State Legislature

Seal of North Carolina.png
General information
Type:  State legislature
Term limits:  None
Session start:   January 8, 2025
Website:  Official Legislature Page
Leadership
Senate President:  Rachel Hunt (D)
House Speaker:  Destin Hall (R)
Majority Leader:   Senate:Paul Newton (R)
House:Brenden Jones (R)
Minority Leader:   Senate:Sydney Batch (D)
House:Robert Reives (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 5, 2024
Next election:  November 3, 2026
Redistricting:  Legislature-dominant

TheGeneral Assembly of North Carolina is thestate legislature ofNorth Carolina. The General Assembly is abicameral legislature, consisting of theNorth Carolina House of Representatives (formerly the North Carolina House of Commons) and theNorth Carolina State Senate. The House has 120 members, while the Senate has 50.

The General Assembly is referred to as both the North Carolina General Assembly and the General Assembly of North Carolina, with no official precedent.[1] Both names are used throughout the North Carolina General Statutes.Article II Section 21 of theNorth Carolina Constitution states that acts must use the phrase "the General Assembly of North Carolina enacts."

Legislators in both chambers serve two-year terms withoutterm 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.[2]

On October 25, 2023, the North Carolina General Assembly adopted new legislative district boundaries.[3] The legislation adopting the new Senate districts passed thestate Senate by a vote of 28-17 and theState House by a vote of 63-40.[4] The legislation adopting the new House districts passed thestate Senate by a vote of 27-17 and theState House by a vote of 62-44.[5] All four votes were strictly along party lines with all votes in favor by Republicans and all votes against by Democrats.[6][7][8][9]WUNC's Rusty Jacobs wrote that Catawba College Prof. Michael "Bitzer said Republicans have drawn maps that have a strong chance of preserving their veto-proof super majorities in both chambers of the state legislature. Bitzer noted that constitutional provisions, like requiring legislators to keep counties whole when drawing state legislative districts, make it more difficult for lawmakers to gerrymander these maps more aggressively."[10]Click here for more information.

North Carolina has a divided government where neither party holds atrifecta. The Democratic Party controls the office of governor, while the Republican Party controls both chambers of the state legislature.

Senate

The Senate has 50 members.

As of the 2020 Census, North Carolina state senators represented an average of209,079 residents. After the 2010 Census, each member represented191,316 residents.

The President of the Senate is the Lieutenant Governor of North Carolina, but the Lt. Governor 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 electedPresident pro tempore (orPro-Tem). ThePresident pro tempore appoints members to standing committees of the Senate.

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.

PartyAs of November 2025
    Democratic Party20
    Republican Party30
    Other0
    Vacancies0
Total 50

Click here for a list of members of this chamber.

Republicans won control of the North Carolina State Senate in 2010. In2024, they won a 30-20 majority.

The table below shows the partisan history of the North Carolina Senate following every general election from 1992 to 2024. All data from 2006 or earlier comes from Michael Dubin'sParty Affiliations in the State Legislatures (McFarland Press, 2007). Data after 2006 was compiled by Ballotpedia staff.

North Carolina State Senate election results: 1992-2024

Year'92'94'96'98'00'02'04'06'08'10'12'14'16'18'20'22'24
Democrats3926303535282931301918161521222020
Republicans1124201515222119203132343529283030

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.

As of the 2020 Census, North Carolina state representatives represented an average of87,116 residents. After the 2010 Census, each member represented79,715 residents.

PartyAs of November 2025
    Democratic Party48
    Republican Party71
    Other0
    Vacancies1
Total 120

Click here for a list of members of this chamber.

Republicans won control of the North Carolina House of Representatives in 2010. In2024, they won a 71-49 majority.

The table below shows the partisan history of the North Carolina House following every general election from 1992 to 2024. All data from 2006 or earlier comes from Michael Dubin'sParty Affiliations in the State Legislatures (McFarland Press, 2007). Data after 2006 was compiled by Ballotpedia staff.

North Carolina House of Representatives election results: 1992-2024

Year'92'94'96'98'00'02'04'06'08'10'12'14'16'18'20'22'24
Democrats7852596662596368685243464655514949
Republicans4268615458615752526777747465697171
Other00000000010000000

Elections

2026

See also:North Carolina State Senate elections, 2026 andNorth Carolina House of Representatives elections, 2026

Elections for theNorth Carolina State Senate will take place in 2026. The general election is onNovember 3, 2026.

Elections for theNorth Carolina House of Representatives will take place in 2026. The general election is onNovember 3, 2026.

2024

See also:North Carolina State Senate elections, 2024 andNorth Carolina House of Representatives elections, 2024

Elections for theNorth Carolina State Senate took place in 2024. The general election was onNovember 5, 2024. The primary wasMarch 5, 2024, and the primary runoff wasMay 14, 2024. The filing deadline wasDecember 15, 2023.

Elections for theNorth Carolina House of Representatives took place in 2024. The general election was onNovember 5, 2024. The primary wasMarch 5, 2024, and the primary runoff wasMay 14, 2024. The filing deadline wasDecember 15, 2023.

2022

See also:North Carolina State Senate elections, 2022 andNorth Carolina House of Representatives elections, 2022

Elections for theNorth Carolina State Senate took place in 2022. The general election was on November 8, 2022. A primary was held on May 17, 2022. A primary runoff was scheduled to be held on July 5, 2022. The filing deadline was March 4, 2022.

Elections for theNorth Carolina House of Representatives took place in 2022. The general election was on November 8, 2022. A primary was held on May 17, 2022. A primary runoff was scheduled to be held on July 5, 2022. The filing deadline was March 4, 2022.

2020

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

Elections for the office ofNorth 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 ofNorth 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.

In the 2020 elections, the Republican majority in the North Carolina House of Representatives increased from 65-55 to 69-51.

North Carolina House of Representatives
PartyAs of November 3, 2020After November 4, 2020
    Democratic Party5551
    Republican Party6569
Total120120

2018

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

Elections for theNorth Carolina State Senate took place in 2018. Thesemi-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 wasFebruary 28, 2018.[11][12]

Elections for theNorth Carolina House of Representatives took place in 2018. Thesemi-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 wasFebruary 28, 2018.[13][14]

2016

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

Elections for theNorth Carolina State Senate took place in 2016. The primary election was held on March 15, 2016, and the general election was held onNovember 8, 2016.[15] The candidate filing deadline was December 21, 2015.[16]

Elections for theNorth Carolina House of Representatives took place in 2016. The primary election was held on March 15, 2016, and the general election was held onNovember 8, 2016.[17] The candidate filing deadline was December 21, 2015.[18]

2014

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

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

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

2012

See also:North Carolina State Senate elections, 2012 andNorth 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 onNovember 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 onNovember 6, 2012. The candidate filing deadline was February 29, 2012.

2010

See also:North Carolina State Senate elections, 2010 andNorth 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 onNovember 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 onNovember 2, 2010. The candidate filing deadline was February 26, 2010.

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.[19]

2025

See also:2025 North Carolina legislative session andDates of 2025 state legislative sessions

In 2025, the legislature was scheduled to convene on January 8, 2025, and adjourn on December 31, 2025.


Click [show] for past years' session dates.

2024

See also:2024 North Carolina legislative session andDates of 2024 state legislative sessions

In 2024, the legislature was scheduled to convene on April 24, 2024, and adjourn on December 13, 2024.

2023

See also:2023 North Carolina legislative session andDates of 2023 state legislative sessions

In 2023, the legislature was scheduled to convene on January 11, 2023, and adjourn on October 25, 2023.

2022

See also:2022 North Carolina legislative session andDates of 2022 state legislative sessions

In 2022, the legislature was scheduled to convene on May 18, 2022, and adjourn on July 1, 2022.

2021

See also:2021 North Carolina legislative session andDates of 2021 state legislative sessions

In 2021, the legislature was scheduled to convene on January 13, 2021, and adjourn on December 30, 2021.

2020

See also:2020 North Carolina legislative session andDates of 2020 state legislative sessions

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

Effect 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 andDates 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 andDates of 2018 state legislative sessions

In 2018, the legislature was in session from January 10, 2018, through December 27, 2018. To read about notable events and legislation from this session, clickhere.

2017

See also:Dates of 2017 state legislative sessions andRedistricting 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.[20]

2016

See also:Dates of 2016 state legislative sessions

In 2016, the legislature was in session from April 25 through July 1.

  • The Legislature held a two-day special session from February 18-19 to redraw Congressional district maps.[21]
  • The Legislature held a special session on March 23 to discuss Charlotte's LGBT bathroom ordinance that would have went into effect on April 1. The ordinance would have allowed transgender people to use the bathroom of their choosing by the gender with which they identify.[22] Both the Senate and House passed legislation that prevents local governments from setting up their own anti-discrimination rules.[23] Gov.Pat McCrory (R) signed the bill on March 23.[24] The bill was repealed in March 2017.[25]

2015

See also:Dates of 2015 state legislative sessions

In 2015, the legislature was in session from January 14 through September 30.

Major issues in 2015

Major issues in the 2015 legislative session included the budget shortfall, Medicaid expansion, increased teacher pay, coal ash clean up, and reforming the state's tax structure.[26] Legislators andGovernor Pat McCrory (R) disagreed over religious exemptions for local officials issuing marriage licenses, which is detailedhere.

2014

See also:Dates of 2014 state legislative sessions

In 2014, the legislature was in session from May 14 through August 20.

Major issues in 2014

Major issues in the 2014 legislative session included financing the $445 million state budget shortfall, teacher pay, Medicaid, and coal ash ponds.[27]

2013

See also:Dates of 2013 state legislative sessions

In 2013, the legislature was in session from January 9 to July 26.

Major issues in 2013

Major issues in the 2013 legislative session included tax reform, cutting government regulations, and reshaping the state's public schools.[28]

2012

See also:Dates of 2012 state legislative sessions

In 2012, the legislature convened on May 16 and adjourned July 3.

2011

See also:Dates of 2011 state legislative sessions

In 2011, the legislature was in regular session from January 26 to June 18.[29] A special session dealing with redistricting began July 13 and ended July 28. The redistricting session coveredmore than just redistricting, with Republicans overriding five ofGovernorPerdue's (D) vetoes. Some of the overturned vetoes included the Women's Right to Know Act and state regulatory overhaul. Democratic lawmakers achieved victory in sustaining the veto on the voter I.D. bill.[30]

A second special session was called for September 12 to consider constitutional amendments, including a potential ban on same-sex marriage.[30]

2010

See also:Dates of 2010 state legislative sessions

In 2010, the legislature was in session from May 12 to July 11.[31]

Role in state budget

See also:North Carolina state budget and finances
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The state operates on a biennial budget cycle. The sequence of key events in the budget process is as follows:[32]

  1. Budget instructions are sent to state agencies inOctober.
  2. State agency budget requests are submitted inDecember.
  3. Thegovernor submits his or her proposed budget to theNorth Carolina State Legislature inMarch.
  4. The legislature adopts a budget betweenJune and August. A simple majority is required to pass a budget.
  5. The biennial budget cycle begins inJuly.

North Carolina is one of six states in which the governor cannot exerciseline item veto authority.[32][33]

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.[32]

Legislators

Salaries

See also:Comparison of state legislative salaries
State legislative salaries, 2024[34]
SalaryPer diem
$13,951/year$104/day

Swearing in dates

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

North Carolina legislators assume office on January 1 the year after their election.[35][36]

District maps

State Senate


State House


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 theNorth Carolina House of Representatives and 30 of the 50 members in theNorth 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 toArticle II, Section 22 of theNorth 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 theNorth 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."

Redistricting

See also:Redistricting in North Carolina

In North Carolina, the state legislature is responsible for drawing both congressional and state legislative district lines. District maps cannot be vetoed by thegovernor. State legislative redistricting must take place in the first regular legislative session following the United States Census. There are no explicit deadlines in place for congressional redistricting.[37]

State law establishes the following requirements for state legislative districts:[37]

  • Districts must be contiguous and compact.
  • Districts "must cross county lines as little as possible." If counties are grouped together, the group should include as few counties as possible.
  • Communities of interest should be taken into account.

There are no similar restrictions in place regarding congressional districts.[37]

2020

See also:Redistricting in North Carolina after the 2020 census

On October 25, 2023, the North Carolina General Assembly adopted new legislative district boundaries.[3] The legislation adopting the new Senate districts passed thestate Senate by a vote of 28-17 and theState House by a vote of 63-40.[38] The legislation adopting the new House districts passed thestate Senate by a vote of 27-17 and theState House by a vote of 62-44.[39] All four votes were strictly along party lines with all votes in favor by Republicans and all votes against by Democrats.[40][41][42][43]WUNC's Rusty Jacobs wrote that Catawba College Prof. Michael "Bitzer said Republicans have drawn maps that have a strong chance of preserving their veto-proof super majorities in both chambers of the state legislature. Bitzer noted that constitutional provisions, like requiring legislators to keep counties whole when drawing state legislative districts, make it more difficult for lawmakers to gerrymander these maps more aggressively."[44]

The state redrew its district boundaries after the state supreme court overturned its 2022 decision that North Carolina's enacted congressional and legislative maps were unconstitutional due to partisan gerrymandering.

As a result ofstate supreme court elections in 2022, the court flipped from a 4-3 Democratic majority to a 5-2 Republican majority. In its ruling, the court said, "we hold that partisan gerrymandering claims present a political question that is nonjusticiable under the North Carolina Constitution. Accordingly, the decision of this Court inHarper I is overruled. We affirm the three judge panel’s 11 January 2022 Judgment concluding,inter alia, that partisan gerrymandering claims are nonjusticiable, political questions and dismissing all of plaintiffs’ claims with prejudice."Cite error: Invalid<ref> tag; invalid names, e.g. too many

2010

See also:Redistricting in North Carolina after the 2010 census

Following the 2010 United States Census, North Carolina neither gained nor lost congressional seats. In 2010, Republicans won control of both chambers of thestate legislature. Consequently, Republicans dominated the 2010 redistricting process.[45]

On July 27, 2011, theGeneral Assembly of North Carolina approved congressional and state legislative redistricting plans.[45]

On November 1, 2011, the United States Department of Justice precleared these plans. The legislature made technical corrections to the new congressional and state legislative district maps on November 7, 2011. The U.S. Department of Justice precleared the amended maps on December 8, 2011.[37]

According toThe Almanac of American Politics, following the 2012 election, the first to take place under the new maps, Democrats won four of the state's 13 congressional seats, although they "won a majority of the state's votes in House races."[45]

History

Partisan balance 1992-2013

Who Runs the States Project
See also:Ballotpedia:Who Runs the States andBallotpedia: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 Republicantrifecta.

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 Republicantrifecta.

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 theOffice of the Governor of North Carolina, theNorth Carolina State Senate and theNorth 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 theState Quality of Life Index (SQLI) in PDF form, clickhere.

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 (2017-2018)
Former Gov. Pat McCrory (R)

The2016 election changed the political landscape ofNorth Carolina. Before the election, Republicans held astate government trifecta, meaning they controlled thegovernor'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 theSenate and a 74-46 majority in theHouse, 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 firstNorth Carolina governor in North Carolina history to lose in a bid for re-election. He was defeated by North Carolina Attorney GeneralRoy 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.[46]

Gov. Roy Cooper (D)

Following McCrory's concession, conflicts began to emerge between Cooper and theGeneral 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 theNorth Carolina Court of Appeals. Senate Minority LeaderDan 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."[47] Cooper said that the legislation had been "unconstitutional and anything but bipartisan."[48]

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.[49] Sen.Chad Barefoot (R) said the legislation returned "power that was grabbed during Democratic administrations in the 1990s, and some in the '70s."[50] 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."[51]

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 theGeneral Assembly of North Carolina during Cooper's first two years in office. Some legislation highlighted in the timeline are bills that Cooper said were intended to undermine his authority as governor.

Timeline of conflicts between Gov. Cooper and the legislature
DateEvent
December 27, 2018The 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.[52]
November 6, 2018Voters rejected theLegislative Appointments to Elections Board Amendment andJudicial Selection for Midterm Vacancies Amendment, which would have transferred some of the governor's powers to the state legislature.
October 16, 2018A 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, 2018The General Assembly of North Carolina overrode Gov. Cooper's veto of SB 3 and HB 3. SB 3 prohibitsNorth 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, 2018The General Assembly of North Carolina referred theJudicial 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 to select the final nominee.
June 27, 2018The General Assembly of North Carolina referred theLegislative Appointments to Elections Board and Commissions Amendment to the ballot for the election on November 6, 2018. More than 99 percent (106/107) of Republican legislators supported the amendment. One 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, 2018The General Assembly of North Carolina overrode 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 required criminal background checks for election workers and directed judges to list political affiliation on the ballot. SB 757 changed judicial elections in Wake and Mecklenburg counties into districtwide, rather than countywide, elections.
June 12, 2018The 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, 2018Gov. 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, 2018Gov. Cooper filed a motion challenging House Bill 90. The bill proposed changing the state board of elections.
January 26, 2018TheNorth 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, 2017The General Assembly of North Carolina adjourned its 2017 session. In total, Gov. Cooper vetoed 13 bills in 2017. Republicans used their veto-proof majority in the legislature to override 10 vetoes.
August 30, 2017The 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, 2017Gov. 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, 2017Gov. Cooper expanded his May 2017 lawsuit. He filed a legal brief on August 8 over provisions in the budget that he called unconstitutional. One provision required the governor to include money in future budget proposals for a school voucher program. Another provision directed 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, 2017Gov. 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 became law.
June 21, 2017The General Assembly of North Carolina passed a $23 billion budget. The budget included a provision that limits Gov. Cooper's ability to hire private lawyers to challenge legislation passed by the Republican-led legislature. It also transferred the state Industrial Commission, which was under control of an agency in Gov. Cooper's cabinet, to the state insurance commissioner. This position was held by a Republican. (House vote: 77-40; Senate vote: 39-11)
June 15, 2017A 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, 2017The 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, 2017A 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, 2017Gov. 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, 2017A 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, 2017The 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.
April 25, 2017The 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, 2017Judge 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, 2017Gov. Cooper (D) vetoed House Bill 239 and Senate Bill 68.
April 11, 2017The General Assembly of North Carolina sent House Bill 239 and Senate Bill 68 to Gov. Cooper.
March 23, 2017The General Assembly of North Carolina voted to override Gov. Cooper's veto of House Bill 100. The law made 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, 2017A 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, 2017Gov. Cooper (D) vetoed House Bill 100, which would have made Superior Court and District Court judicial elections partisan.
March 8, 2017The General Assembly of North Carolina passed House Bill 100. (House vote: 74-43; Senate vote: 32-15)
February 14, 2017A 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, 2017The North Carolina Supreme Court reinstated the order to temporarily block the overhaul of the election boards. (Senate Bill 4)
February 10, 2017The North Carolina Court of Appeals temporarily reinstated Senate Bill 4.
February 8, 2017A three-judge panel temporarily blocked the North Carolina law that required Senate approval of the governor's cabinet appointments. (House Bill 17)
January 10, 2017Gov. 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, 2017A 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, 2017Cooper (D) was sworn in as the 75th governor of North Carolina.
December 30, 2016Cooper (D), as governor-elect, filed a lawsuit to block Senate Bill 4. Wake County Superior Court Judge Don Stephens temporarily blocked Senate Bill 4 from going into effect on January 1, 2017.
December 19, 2016Gov. 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 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, 2016Gov. 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, 2016Gov. 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, 2016Gov. 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, 2016Gov. 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.


Constitutional amendments

In every state but Delaware, voter approval is required to enact a constitutional amendment. In each state, the legislature has a process forreferring constitutional amendments before voters. In 18 states,initiated constitutional amendments can be put on the ballot through a signature petition drive. There are alsomany 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 andLaws governing ballot measures in North Carolina

TheNorth 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 theNorth Carolina General Assembly to place a constitutional amendment on the ballot. That amounts to a minimum of 72 votes in theNorth Carolina House of Representatives and 30 votes in theNorth 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 toArticle XIII of theNorth Carolina Constitution, atwo-thirds (66.67%) vote vote of both chambers ofstate 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

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External links

Footnotes

  1. Ballotpedia staff, "Personal communication with the North Carolina Legislative Library staff," May 9, 2019.
  2. NCPedia, "Capitals, Colonial and State," accessed February 12, 2021
  3. 3.03.1The Carolina Journal, "New state House, Senate, and congressional maps finalized," October 25, 2023
  4. North Caroliina General Assembly, "Senate Bill 758 / SL 2023-146," accessed October 26, 2023
  5. North Caroliina General Assembly, "House Bill 898 / SL 2023-149," accessed October 26, 2023
  6. North Carolina General Assembly, "House Roll Call Vote Transcript for Roll Call #614," accessed October 26, 2023
  7. North Caroliina General Assembly, "Senate Roll Call Vote Transcript for Roll Call #499," accessed October 26, 2023
  8. North Caroliina General Assembly, "Senate Roll Call Vote Transcript for Roll Call #504," accessed October 26, 2023
  9. North Caroliina General Assembly, "House Roll Call Vote Transcript for Roll Call #604," accessed October 26, 2023
  10. WUNC, "New district maps show signs of GOP partisan gerrymandering," October 24, 2023
  11. North Carolina State Board of Elections & Ethics Enforcement, "Candidate Filing Information," accessed November 9, 2017
  12. Mecklenburg County Government, "Multi Year Election Schedule," accessed November 9, 2017
  13. North Carolina State Board of Elections & Ethics Enforcement, "Candidate Filing Information," accessed November 9, 2017
  14. Mecklenburg County Government, "Multi Year Election Schedule," accessed November 9, 2017
  15. The primary for U.S. congressional elections was rescheduled to June 7, 2016, following legal challenges toNorth Carolina's district maps. State races were unaffected.
  16. North Carolina State Board of Elections, "2016 Candidate Filing," archived January 19, 2016
  17. The primary for U.S. congressional elections was rescheduled to June 7, 2016, following legal challenges toNorth Carolina's district maps. State races were unaffected.
  18. North Carolina State Board of Elections, "2016 Candidate Filing," accessed December 22, 2015
  19. General Assembly of North Carolina, "N.C. Gen. Stat. 120-11.1," accessed February 12, 2021
  20. MultiState, "2017 Legislative Session Deadlines," accessed August 8, 2017
  21. wncn.com, "NC special session reviews proposed new Congressional districts," accessed February 18, 2016
  22. newsobserver.com, "NC lawmakers heading for special session Wednesday to discuss LGBT ordinance," accessed March 23, 2016
  23. sfchronicle.com, "North Carolina reins in local governments, transgender rule," accessed March 23, 2016
  24. newsobserver.com, "LGBT protections end as NC governor signs bill," accessed March 24, 2016
  25. NY Times, "Bathroom Law Repeal Leaves Few Pleased in North Carolina," March 30, 2017
  26. www.fayobserver.com, "State lawmakers have no plans to extend Medicaid in North Carolina," January 21, 2015
  27. www.jeffersonpost.com, "State legislature reconvenes for short session," accessed May 16, 2014
  28. WRAL, "Ceremony marks opening of legislative session," January 9, 2013
  29. National Conference of State Legislatures, "2011 Legislative Sessions Calendar," accessed June 6, 2014(Archived)
  30. 30.030.1Associated Press, "N.C. lawmakers leave town after new maps, overrides," accessed July 14, 2014
  31. National Conference of State Legislatures, "2010 Legislative Sessions Calendar," accessed July 14, 2014(Archived)
  32. 32.032.132.2National Association of State Budget Officers, "Budget Processes in the States, Spring 2021," accessed January 24, 2023
  33. National Conference of State Legislatures, "Separation of Powers: Executive Veto Powers," accessed January 26, 2024
  34. National Conference of State Legislatures, "2024 Legislator Compensation," August 21, 2024
  35. North Carolina Constitution, "Article II, Section 9," accessed February 12, 2021
  36. Confirmed via email with the North Carolina Legislature on July 7, 2011
  37. 37.037.137.237.3All About Redistricting, "North Carolina," accessed April 20, 2015
  38. North Caroliina General Assembly, "Senate Bill 758 / SL 2023-146," accessed October 26, 2023
  39. North Caroliina General Assembly, "House Bill 898 / SL 2023-149," accessed October 26, 2023
  40. North Carolina General Assembly, "House Roll Call Vote Transcript for Roll Call #614," accessed October 26, 2023
  41. North Caroliina General Assembly, "Senate Roll Call Vote Transcript for Roll Call #499," accessed October 26, 2023
  42. North Caroliina General Assembly, "Senate Roll Call Vote Transcript for Roll Call #504," accessed October 26, 2023
  43. North Caroliina General Assembly, "House Roll Call Vote Transcript for Roll Call #604," accessed October 26, 2023
  44. WUNC, "New district maps show signs of GOP partisan gerrymandering," October 24, 2023
  45. 45.045.145.2Barone, M. & McCutcheon, C. (2013).The almanac of American politics 2014 : the senators, the representatives and the governors : their records and election results, their states and districts. Chicago, IL: University of Chicago Press.
  46. Politico, "North Carolina governor alleges voter fraud in bid to hang on," November 21, 2016
  47. The Atlantic, "North Carolina's 'Legislative Coup' Is Over, and Republicans Won," December 16, 2016
  48. Twitter, "Roy Cooper," December 30, 2016
  49. USA Today, "GOP N.C. governor signs bill curbing Democrat successor's power," December 17, 2016
  50. NY Times, "North Carolina Governor Signs Law Limiting Successor’s Power," December 16, 2016
  51. CNN, "NC's GOP governor signs bill curbing successor's power," December 30, 2016
  52. The Hill, "NC governor vetoes bill allowing a new primary in disputed House race," December 21, 2018
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