Bill Summaries: S698 (2025-2026 Session)

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  • Summary date: Apr 1 2025 - View summary

    Subject to approval by voters of the State at the general election in November 2026, makes the following constitutional changes. Enacts Section 25 to Article II of the NC Constitution to charge the NCGA with establishing by law an independent process to revise the electoral districts for Congress and the NCGA after return of the decennial census, subject to the following limitations. Prohibits NCGA involvement in revising electoral districts. Requires each NCGA member and US House member to represent as equal numbers of inhabitants as possible. Mandates districts to consist of contiguous territory. Prohibits division of a county for NCGA districts to the extent practicable and consistent with federal law. Mandates that the districts remain unaltered until the return of another decennial census. Grants adopted electoral districts legislative force and effect. Makes conforming changes to Sections 3 and 5 of Article II to charge the NCGA with establishing an independent process to revise legislative districts and the apportionment of legislators among those districts. Amends subsection 5 of Section 22 of Article II to require that every bill in which the General Assembly makes an appointment or appointments to public office must be read three times in each house before it becomes law and must also be signed by the presiding officers of each house (currently, applies to bills that solely pertain to: appointments, revisions to senatorial and representative districts, and revisions to districts for elections to the US House of Representatives). Provides for certification and enrollment. Makes effective upon certification.

    Effective January 1, 2030, subject to voter approval of the constitutional amendments set forth above, enacts Article 1B, Redistricting, to GS Chapter 120. Sets forth 16 defined terms. Establishes the NC Independent Citizen Redistricting Commission (Commission), charged with preparing preliminary, proposed, and alternative plans for legislative and congressional apportionment and adopting final plans for the purpose of nominating and electing legislative and congressional members. Details Commission member eligibility, including residency and voter registration requirements, and a number of disqualifications, among them: contributing more than 20% of the contributions limit specified by state law to any candidate for public office and no more than $10,000 in total to candidates for public office, having been a staff member or legal counsel to the NCGA, having served in any public office except if the candidate has served in a federal or State recognized Native American tribe, having held any political appointment, and having been convicted of a crime against a governmental body of the United States or a crime with a direct connection to espionage, terrorism, treason, sabotage, sedition, and insurrection (including the following: overthrowing or attacking any governmental body of the United States, preventing any official of any governmental body of the United States from performing his or her official duties, or preventing persons from exercising their rights under the laws of any governmental body of the United States). 

    Details member application procedures, including applying to the State Ethics Commission with relevant information and disclosures for eligibility review, who will then review the application pool and submit a diverse group of up to 60 applicants to the NCGA, as specified. Requires the Speaker of the House, House Minority Leader, Senate President Pro Tempore, and Senate Minority leader to each strike six candidates. After that occurs, provides for selection of 15 diverse Commission members, as specified. Sets terms at 10 years. Details other parameters of the Commission, including appointment of a chair, removal from office, vacancies, and reimbursement of member expenses. Bars a person having served as a member of the Commission from serving as a member of the NCGA or Congress until conclusion of the term they were appointed to serve, even if they resign or are removed prior to the conclusion of their term. Provides for a $2,000 stipend for each month the Commission meets. Details Commission staffing and selection, and the application of open meetings and public records laws. Prohibits serving as a staff member of the Commission if the person would be ineligible to serve as a Commission member.

    Enumerates eight criteria that all redistricting plans must meet, including electoral impartiality and respecting the integrity of communities of interest, as defined. Provides for Commission adoption of preliminary, proposed, alternative, and final plans depending on appointed member affiliations. Directs the State Ethics Commission to submit to the Commission a list of qualified persons who can serve as a special master, who must draw and submit a plan that the Commission must adopt in the event a plan cannot be adopted pursuant to the statute. Provides for appointment of the special master by the Commission, depending on appointed member affiliations.

    Mandates the Commission hold a minimum of 20 public hearings across the State, requiring providing the seven enumerated resources for public input, including sufficient time to review the plan, access to demographic data and mapping software.

    Authorizes the NCGA to assign to the Commission the duty to prepare district plans for local government if their governing board or an appropriate court so requests. 

    Part II.

    Makes conforming changes to GS 120-2.3, regarding judgments invalidating apportionment or redistricting acts.

    Makes conforming changes to GS 120-2.4, requiring a court to grant the Commission two weeks' time to remedy any defects a court has identified in a plan apportioning or redistricting legislative or congressional districts prior to the court imposing its own substitute plan. Makes further conforming changes.

    Effective January 1, 2030, subject to voter approval of the constitutional amendments set forth in Part I of the act.

    Part III.

    States legislative intent to provide ample funding to implement the described independent redistricting system, allocating sufficient funding for the Commission to meet estimated expenses for 11 listed components of the system, including required public hearings, language translations, and litigation expenses.