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Bill Summary · HB 1235

Summary of HB 1235 (2025 Session) — Restoring Separation of Powers and Legislative Transparency

Purpose and intent

  • Reaffirms and protects the constitutional separation of powers in North Carolina.
  • Seeks to curb perceived overreach by the General Assembly and courts that could weaken executive authority and the Governor’s ability to faithfully execute laws.
  • Promotes transparency and public participation in the legislative process by restricting late-topic bill rewrites and requiring advance public notice.

Key provisions and changes

Constitutional amendments proposed

  1. Article III (Executive Power) – Restrictions on legislative rearrangement of executive functions

    • Proposes to limit the General Assembly’s power to reorganize executive departments, agencies, and functions in a way that would impair the Governor’s authority to execute laws.
    • Includes protections around major appointment/removal authority, supervision, and direction of executive entities.
    • Provides that any reallocation of offices and agencies (including changes affecting the Council of State) must follow specified procedures and thresholds (e.g., potential two-thirds votes in both chambers for certain transfers; changes to take effect only after election terms; executive orders subject to legislative review and possible disapproval).

  2. Section 1.(b)-(d) Public referendum on constitutional amendment

    • States the amendment would be placed on the November 3, 2026 statewide general election ballot.
    • Ballot language proposed to ask voters to approve limiting the General Assembly’s authority to reorganize executive powers in a manner that would impair the Governor’s ability to faithfully execute laws.

Legislative process transparency and single-subject rule

  1. Article II, Section 25 – Legislative transparency and integrity

    • Adds requirements to prevent bills from being altered after first reading to change their original purpose.
    • If a conference report adds a subject beyond the original scope, the act could be void as to that added subject.
    • Requires public notice before final passage: at least 24 hours’ notice on a published session calendar and access to bill text for at least 48 consecutive hours prior to final reading, except in declared emergencies with two-thirds vote for final reading.

  2. Section 2.(b)-(d) Public referendum on the single-subject/public notice amendment

    • Proposes a constitutional amendment to enforce a one-subject-per-bill rule, with exceptions for appropriations, tax, and technical corrections bills.
    • Requires a minimum amount of notice and publication of bill text to legislators and the public prior to final passage.
    • Ballot language and election process described similarly to the executive-power amendment.

Who and what would be affected

  • Legislative process: Changes to how bills are drafted, amended, and brought to final votes; aiming to increase transparency and public access to bill content.
  • Executive branch: Potential limits on the General Assembly’s ability to reorganize executive power, and on transfers among Council of State members; protections intended to preserve Governor’s appointment/removal authority and overall execution of laws.
  • Residents and voters: Would vote on two constitutional amendments in the 2026 general election if these provisions reach the ballot as described.
  • State government operations: Possible alterations to how executive agencies can be reorganized, with tighter procedural controls and timing (including engagements with the Governor and the Council of State).

Procedural and timeline aspects

  • Initiation: HB 1235 filed June 2, 2026; sponsored by Representative Rubin with several co-sponsors.
  • Constitutional amendments: If enacted, sections propose to place two separate amendments on the November 3, 2026 statewide general election ballot:
    • Amendment 1 (Executive power) restricting reorganizations that impair the Governor’s authority.
    • Amendment 2 (Legislative transparency/one-subject rule) limiting multi-subject bills and mandating notice requirements.
  • Certification: State Board of Elections would certify referendum results; Governor, Secretary of State, and permanent record enrollment follow if approved.
  • Effective date: If amendments are approved by voters, they become effective upon certification.

Practical considerations

  • The bill emphasizes restoring robust separation of powers and preventing partisan encroachments.
  • It seeks to curb nontransparent legislative practices, such as late-topic bill rewrites and insufficient public notice.
  • If approved by voters, the amendments would represent fundamental changes to how the General Assembly interacts with the Governor and executive agencies, and to legislative drafting and final passage procedures.

Note: This summary reflects the bill text as of its June 2, 2026 filing and outlines proposed constitutional amendments and procedural requirements.

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

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