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HB 443

Constitutional Amendment: Council of State Vacancies.

2025-2026 Session Introduced by Dean Arp and 13 co-sponsors

Requires Governor to fill certain Council of State vacancies from a party’s submitted three-name list if the vacating officer was elected as that party, within 30 days.

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Bill Summary · HB 443

HB 443 — Constitutional Amendment: Council of State Vacancies (North Carolina)

Summary / Purpose

HB 443 proposes a constitutional amendment to change how vacancies in certain statewide elected offices (the Council of State) are filled. The amendment requires the Governor to appoint a replacement from a short list of nominees submitted by the political party of the vacating officer (if that officer was elected as a party nominee and the party supplies nominees within a specified time). The measure is to be submitted to voters in a statewide referendum.

Key provisions

  • Amends Article III, Section 7(3) of the North Carolina Constitution (Vacancies).
  • Applies to vacancies in these offices: Secretary of State; State Auditor; State Treasurer; Superintendent of Public Instruction; Attorney General; Commissioner of Agriculture; Commissioner of Labor; Commissioner of Insurance.
  • When a vacancy occurs:
    • The Governor continues to appoint a temporary successor to serve until a successor is elected and qualified.
    • If the vacating officer was elected as a political party nominee, the Governor must appoint from a list of three qualified persons recommended by that same political party — but only if the party makes its recommendation within 30 days of the vacancy.
    • If the party does not make a recommendation within 30 days, the Constitution does not constrain the Governor’s appointment by this provision.
  • Timing for special election to fill vacancy: the vacancy is filled by election at the first election for members of the General Assembly that occurs more than 60 days after the vacancy. The person elected serves for the remainder of the unexpired term.
  • If a vacancy occurs and the term expires on the January 1 following the next General Assembly election, the Governor appoints to fill the unexpired term.
  • Procedural direction for implementation through a public referendum (see ballot language below).

Who would be affected

  • The Governor (appointment authority constrained in party-nominated cases).
  • State political parties (they gain a formal role — must produce a three-person nominee list within 30 days to trigger the restriction).
  • The listed Council of State offices and their constituencies (affects who may be appointed to fill short-term vacancies).

Procedural / timeline aspects

  • The amendment must be approved by voters. It is to be placed on the ballot at the statewide general election on November 3, 2026.
  • Ballot question text (as provided in the bill):
    • "Constitutional amendment to require the Governor to fill a vacancy in the office of Secretary of State, Auditor, Treasurer, Superintendent of Public Instruction, Attorney General, Commissioner of Agriculture, Commissioner of Labor, and Commissioner of Insurance by selecting from a list of nominees submitted by the political party with which the vacating officer was affiliated when elected, if applicable and submitted."
  • If a majority of votes cast are in favor, the State Board of Elections will certify results and the Secretary of State will enroll the amendment among permanent records; the amendment takes effect upon certification.

Fiscal impact

  • Committee fiscal notes attached to the bill indicate no direct effect on State or local funding.

Practical considerations (neutral)

  • The amendment increases the formal role of political parties in interim appointments to certain statewide offices, potentially preserving party continuity for the vacated office.
  • If a party fails to submit nominees within 30 days, the Governor retains unconstrained appointment authority for that vacancy.
  • The change affects appointment process only; elected successors continue to be chosen by voters according to existing election-timing rules described above.

Compiled from official sources — confirm details with the bill’s official record.

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