NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 459

HOUSE BILL 29

 

 

AN ACT TO AMEND SECTION 5 OF ARTICLE II OF THE CONSTITUTION OF NORTH CAROLINA FOR THE PURPOSE OF PROVIDING AN AUTOMATIC REAPPORTIONMENT OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE GENERAL ASSEMBLY OF NORTH CAROLINA.

 

The General Assembly of North Carolina do enact:

 

Section 1.  The Constitution of the State of North Carolina is amended by striking out Section 5 of Article II of said Constitution and by rewriting and inserting in lieu thereof the following:

"Sec. 5.  Regulations in relation to apportionment of Representatives. The House of Representatives shall be composed of 120 Representatives, biennially chosen by ballot, to be elected by the counties respectively, according to their population, and each county shall have at least one Representative in the House of Representatives, although it may not contain the requisite ratio of representation. This apportionment shall be made by the Speaker of the House of Representatives at the first regular Session of the General Assembly convening after the return of every enumeration by order of Congress. The formula set out in Section 6 of this Article shall be applied by the Speaker and the new apportionment entered on the Journal of the House of Representatives on or before the 60th calendar day of the Session. When so entered, the new apportionment shall have the same force and effect as an Act of the General Assembly, and shall become effective at the next election for members of the General Assembly."

Sec. 2.  Section 1 of this Act shall be submitted at the next general election to the qualified voters of the State in the same way and manner and under the same rules and regulations governing general elections in this State.

Sec. 3.  In such election the electors favoring the amendment in Section 1 of this Act shall vote ballots on which shall be printed or written the words:

"For amendment providing for automatic and mandatory reapportionment of the members of the House of Representatives of the General Assembly after the return of every enumeration by order of Congress", and those opposed shall vote ballots on which shall be written or printed the words "Against amendment providing for automatic and mandatory reapportionment of the members of the House of Representatives of the General Assembly after the return of every enumeration by order of Congress."

Sec. 4.  The election upon this amendment shall be conducted in the same manner and under the same rules and regulations as provided by the laws governing general elections, and if a majority of the votes cast be in favor of this amendment it shall be the duty of the Governor of the State to certify the amendment under the Seal of the State to the Secretary of State, who shall enroll said amendment so certified among the permanent records of his office, and the amendment so certified shall be in full force and every part thereof, from and after the date of such certification.

Sec. 5.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 6.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 19th day of May, 1961.