Board Meeting: March 21, 2018

Notice of Appointment Selection Meeting

The Bipartisan State Board of Elections & Ethics Enforcement will hold a public meeting on Wednesday, March 21, 2018, at 8:00 a.m. in the agency's boardroom located at 430 N. Salisbury Street in Raleigh. Members of the public must enter from the Halifax Mall. Questions regarding this meeting should be sent to legal@ncsbe.gov. Public meeting materials will post to the online meeting portal.

Tentative Agenda

Administration of the Oath

G.S. § 163A-2(e)

Statement regarding ethics and conflicts of interest

G.S. § 163A-159(c) (recordation of actual or potential conflicts)

G.S. § 163A-159(e) (noting duty to avoid conflicts)

Selection of Nominees

G.S. § 163A-2(a1)

Adjournment

_{*The State Board may name a chair pro tem to preside informally over this meeting. Adjournment puts an end to the appointment. R.O.N.R., 11th ed., § 58. Any such selection is procedural in nature and entirely distinct from the selection of a statutory chair under G.S. § 163A-2(f), which occurs after the ninth member is appointed.}

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Statutes Cited 

G.S. § 163A-2

• (a) The State Board shall consist of nine individuals registered to vote in North Carolina, appointed by the Governor, as follows:
  • (1) Four individuals registered with the political party with the highest number of registered affiliates in the State, from a list of six nominees submitted by the State party chairs of that party.
  • (2) Four individuals registered with the political party with the second-highest number of registered affiliates in the State, from a list of six nominees submitted by the State party chairs of that party.
  • (3) One individual not registered with either the political party with the largest number of registered affiliates in the State or of the political party with the second-largest number of registered affiliates in the State, from a list of two nominees selected by the other eight members of the State Board.

The number of registered affiliates shall be as reflected by the latest registration statistics published by the State Board. The Governor shall make all appointments promptly upon receipt of the list of nominees from each nominating entity and in no instance shall appoint later than 30 days after receipt of the list.

• (a1) Within 14 days of appointment by the Governor of the eight members appointed under subdivisions (1) and (2) of subsection (a) of this section, the eight members shall hold an initial appointment selection meeting for the sole purpose of selecting two nominees who meet the qualifications for appointment under subdivision (3) of subsection (a) of this section and shall promptly submit those names to the Governor. No additional actions, other than the oath of office, shall be taken by the eight members appointed under subdivisions (1) and (2) of subsection (a) of this section at the appointment selection meeting.

. . . .

• (e) At the first meeting held after any new appointments are made, the members of the State Board shall take the following oath:
  • "I, ______, do solemnly swear (or affirm) that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina and to the constitutional powers and authorities which are or may be established for the government thereof; that I will endeavor to support, maintain, and defend the Constitution of said State; and that I will well and truly execute the duties of the office of member of the Bipartisan State Board of Elections and Ethics Enforcement according to the best of my knowledge and ability, according to law, so help me God."
• (f) At the first meeting held after the appointment of the member under subdivision (3) of subsection (a) of this section, the State Board shall organize by electing one of its members chair and one of its members vice-chair, each to serve a two-year term as such. In 2017 and every four years thereafter, the chair shall be a member of the political party with the highest number of registered affiliates, as reflected by the latest registration statistics published by the State Board, and the vice-chair a member of the political party with the second highest number of registered affiliates. In 2019 and every four years thereafter, the chair shall be a member of the political party with the second highest number of registered affiliates, as reflected by the latest registration statistics published by the State Board, and the vice-chair a member of the political party with the highest number of registered affiliates.
• (g) At the first meeting held after the appointment under subdivision (3) of subsection (a) of this section, the State Board shall elect one of its members secretary, to serve a two-year term as such.

G.S. § 163A-159

. . . .

• (c) When an actual or potential conflict of interest is cited by the State Board under G.S. 163A-189(e) [written evaluation of each statement of economic interest] with regard to a public servant sitting on a board, the conflict shall be recorded in the minutes of the applicable board and duly brought to the attention of the membership by the board's chair as often as necessary to remind all members of the conflict and to help ensure compliance with this Subchapter

. . . . .

• (e) At the beginning of any meeting of a board, the chair shall remind all members of their duty to avoid conflicts of interest under this Subchapter. The chair also shall inquire as to whether there is any known conflict of interest with respect to any matters coming before the board at that time.