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House | February 18, 2016 | Committee Room | House Redistricting Committee, Part Two

Full MP3 Audio File

[BLANK_AUDIO] [SOUND] Members, we're going to call the house redistricting committee back to order. The first order of business is the calling of the roll to establish the members that are present, the clerk is recognized for the purpose of Purpose of calling the roll. >> Representative Lewis. >> Present. >> Representative Jones. >> Here. >> Representative Brawly/g. >> Present. >> Representative Gotham. >> Here. >> Representative Davis. >> Here. Representative Farmer Butterfield. Representative Hager. >> Here. >> Representative Heinz. >> Here. >> Representative Hadester/g. Representative Harley. >> Here. >> Representative Jackson. >> Here. >> Representative Johnson. >> Here. >> Representative Jordan. >> Present. >> Representative McGrady. >> Here. >> Representative [UNKNOWN] >> Here. >> Representative Moore. [BLANK_AUDIO] Representative Stem/g. >> Here. >> Representative Stevens. Stevens. >> Here. >> Representative Dickson. [BLANK_AUDIO] >> Mr Chair. [BLANK_AUDIO] I just walked in, wanna let you know I'm here. >> Clerk will record that representative [UNKNOWN] is here. Members we're going to begin with a little bit of housekeeping as we await the wait for the bill to arrive, the committee will meet again tomorrow morning at 9 am to receive public comment on the senate bill that was passed over to us, we will receive public comment from 9 am until 10 am, a committee will then begin to discuss and debate the bill that was passed over from the senate today which is of course is the 2016 congressional maps, so to the extent that you can be here or listen in to the public comment, the chair would encourage you to do so. >> Mr. Chair Representative Stevens. >> Thank you Mr. Chair just an inquire, we want to tell the committee that there was a slight modification in that plan Through the senate they are switching again a couple of precincts. I didn't know if you wanna make that clear? >> Sure. Thank you representative. The chair will inform the body that the original bill that was filed was amended by the senate this morning. The amendment consisted entirely of changing two and a half precincts in Guilford county county when the original plan was drawn, it was not the chairs intent, the chair's of committees intent to place the residences of representative Adams and representative Walker in the same district, that was inversely done however and two precinct were changed to correct that Members will receive, when you receive your map and your stat pack tomorrow it will reflect that this is the amended plan that came from the senate. Thank you for the chance to explain that representative. [BLANK_AUDIO]. [BLANK_AUDIO] Members for your planning purposes we are simply awaiting the bill to arrive from It should be just a moment. Representative Moore for what purposes does the gentleman seek recognition. >> I heard that while I was out you did roll call this morning to reflect that I am here. >> Clerk will record that representative Moore is present [BLANK_AUDIO] Members the chair directs that the proposed committee substitute for house bill 2 be distributed to the committee. [BLANK_AUDIO] The chair would also direct that any other members that are here that would like a copy of the proposed committee substitute one be provided and to the extent available one be provided to the public Public that may be present as well. [BLANK_AUDIO] >> The members have copies as proposed committee substitutes for For house bill 2 is there any objection to the proposed committee substitute for house bill 2 being properly before the committee? Seeing none so ordered. [SOUND] Representative Jones you're recognized along with Representative Hardister at your discretion to present the proposed committee substitute for house bill. House bill 2. >> Thank you Mr Chairman ladies and gentleman the committee let

me just begin I know you're just getting the bill before you and getting to read it. I just wanna thank our staff first and fore most, they have done quite a heroic effort to put this together. I think the more we gotten into this we Just the complications that you might not expect that would be associated with this, but I just wanna say that for the record we just have a tremendously confident and dedicated staff that's worked very hard put in long hours and also wanna thank the input that we have from the board of elections [INAUDIBLE_AUDIO] and the leadership team there. A lot of people work very hard to put this together. Perhaps I know we are all just looking at this as hot off the press it's coming to as perhaps we can walk through it together here. You can see house bill 2 is a bill to be enticed an act to revise procedures for the conduct of the 2016 primary. Primary election to comply with the court order in Harris versus McGory section 1A establishes that we have a 2016 US house of representatives election. Section 1B establishes the date of that election will be Tuesday June the 7th 2016 section 1C establishes the filing period for this special election. It would open at 12 noon on Wednesday March 16th and just to make note I'm sure you see that will be after of course the March 15th primary the next day, and we can We would continue through 12 noon on Friday March the 25th eligibility to file section one D you have to be affiliated with a party which you're running under for at least 75 days. The person registered as unaffiliated will be ineligible to file as a candidate in the primary. In a party primary election. Section 1E you cannot run for two separate offices at the same time. That is current state law, the way this would work is if you are already running for an office, whether that be the state legislature or another office in the state. And you are the nominee Nominee after the March 15 prime airy, you could file for running the congressional prime airy but as of that election on June 7th if you are the winner of that prime airy and you are the nominee of your party, you cannot run in the general election in two separate office you would have to withdraw from one and this establishes that you'd have to do that Do that within no later than one week after the certification of both the primary election results. Section 1F provides for return of following fees, anyone who has previously filed full congress already as you know we're already in that election this is establishing a new Congressional elections. So anyone that filed and paid the filing fee would be entitled to the return of their filing fee. Then going to section 2 and 2A and it would mean that after the primary this year there would be no second primary. We contemplated different options there, we felt like That would be by far the simplest manner to simply not have a second primary. It is going to be reduced time able to carry out this election. Just to be clear there would be no second primary for the March 15th primary and there would also be no second primary for the congressional primary on On June 7th. Section 2B I would have to refer to staff I'm not sure what we were appealing there Mr. Chair could I have a staff to explain section 2B? [BLANK_AUDIO] >> Chair would like to ask either Ms. [UNKNOWN] or They would address section 2B simply explain what is being repealed. >> Sure. Kelly Turner with legislative analysis. So section 2B repealed 2D of session marked 2015-258, that's the presidential primary bill and it refers to second primaries in that In that session. Also it's repealling those references to second primaries. [BLANK_AUDIO] >> Please proceed representative Jones. >> Thank you Mr. Chair. Section 2C says that any election authorized by statute that it set for the date of the second primary will be placed on the ballot at the times of this special congressional primary election. And so any other election that needed to take place I believe judicial vacancy for instance will take place at the same time. Section three has to do with the nomination of electors to the electoral college. This is of course the presidential election. One presidential elector will be nominated from each congressional district As these districts existed on January the 1st 2015 and two from the state at large.

As you know we get 15, we have 13 congressional districts and then we had the two at large and what that basically says is that, the current congressional district map would remain in place for Political parties that would be nominating their electors for president. It would be very very difficult if not practically impossible for the state parties at this point to completely reorganize all of their districts in compliance with the new congressional Districts. So for the purpose of electing presidential electors the current maps would be used for that. And then we get to section 4A, I'm reading this for the first time along with you so let's see what this says [BLANK_AUDIO] Mr. Chair I think I'm gonna ask if the staff would clearly explain, they can probably explain this better than I can. >> Which section representative Jones? >> Section four, just let them explain section four. >> Kelly Turner with legislative Analysis again. So section four allows the state order of elections to issue temporary orders to implement the requirements of this act. It's the same authority that the General Assembly gave the said board of elections in 2015 for the presidential primary. It just allows them to be able to implement in case We forgot anything, are there administrative rules that they need to be able to manipulate in order to make this work. [BLANK_AUDIO] >> Okay thank you Mr. chair if I may continue. >> Please. >> Section five clarifies that any ballots that are cast on the March 15th ballot. Ballot those ballots have already been printed so there are going to be congressional races on those ballots, obviously those are null and void, this would be new elections so, this year's the state board of elections will not certify any ballots that are cast for congress on the March 15th election and Those results would remain confidential. Section six simply says this act is a fact even when it becomes law and it applies to the 2016 election cycle unless prior to March 16 2016 in the United States Supreme Court reverses or stays the decision That has brought us all here so, Mr Chair I would gladly take any questions anyone may have. >> Representative Michaux. >> Thank you Mr chairman. What did I hear about second primaries? Is there something in this bill concerning second primaries What was it? >> Yes sir there will be no second primaries for this 2016 unless is either for the March 15th election or for the special congressional primary there would not be second primaries. >> What about, are you saying there is not gonna be second primaries For legislative seats in office, is that what you telling me? >> That is correct, and I believe that's in section 2A that it points that out. But for all 2016 primary elections they would be determined by primarily and no second primaries would be held during the 2016 election cycle. >> Mr. Chairman I There is a problem and I wish if somebody would explain it to me. In the resolution that was passed this morning about what this special session was about. The resolution says that all bills shall be excluded from introduction and consideration in the house Other than bills adopting a new redistricting finance for the House of Representatives of the congress of the United States and bills providing for the scheduling and implementation of the congressional primary election in 2016. It doesn't say anything about any other Elections. >> Thank you for your inquiry representative the chair will rule that this bill doing away with the second primary is necessary to comply with the sketching of the congressional elections contingent with the rules and the proclamation for the governor therefore that matters properly before the committee. Further inquiries? Senator Jackson please state your purpose. >> For inquiry of whoever can - >> The general may state his inquiry. >> I'm asking about section six. And the way I read section six is that the March 15th election will continue on even if a congressional As is currently scheduled and that the United States Supreme Court would have up until that day to issue a stay.

So if I'm reading this correctly, people currently running for congress would need to continue to campaign. And continue to expend money Just in case the stay got issued prior to the primary that those ballots said are being cast have been cast and would be cast on primary election day could actually turn out to be valid. And elect the congregational representative is that correct? >> Representative Jackson would one of our Staff want to speak to that? [BLANK_AUDIO] >> Mr. chair if the stay is not issued then that is correct that current law would apply. >> Follow up. >> The gentleman is recognized for a The gentleman is recognized for a follow up. >> So technically if I was a congregational candidate this time I would not know until March 15th, whether the March 15th election counted for me or not. And I would have to continue to expand money knowing that on that date I might be elected As my party is represented to congress or in fact the state could be issued and I could live in the wrong congregational district, is that correct? >> Representative Jackson I think the gentleman points out the chaos that the chairs have expressed concern with I think the gentlemen, very accurately points out the confusion and the uncertainty That this court order has in the opinion the chair cost. Are there any further inquiries? If not Representative Jones is recognized for a motion. >> Thank you Mr. Chair. I move for for approval for the proposed committee substitute for House Bill 2 unfavorable to the original Original. >> Representative Jones has moved that the proposed committee substitute for house bill number 2 be given favorable report unfavorable report issue to the original bill. Those in favor - >> Mr chairman. >> Further discussion further debate Representative Jackson. >> I had submitted an amendment to the proposed Committee substitute is that in order yet or after this vote? Just want to make sure it's considered. >> Representative Jackson the chair apologizes the chair was not aware that the gentleman had an amendment. Representative Jackson is recognized to send forth an amendment. members will be distributing copies of the amendment and then the general may speak on his amendment when it has occurred. Do all members have copies of the amendments sent forward by representative Jackson? Seeing no one saying they do not representative Jackson sent forward an amendment H2-ATC-1 version 1, it moves to amend the bill on page one line five, through page two, line 28, members have copies, representative Jackson recognized to explain his amendment. >> Thank you Mr. Chairman my amendment was simply simply move all of our primaries, including the ballot, the abound proposal, the presidential primary, everything until 21st of 2016, let me tell you why first I chose that day, that's the day of the last presidential primary that I could find on the list primary schedule, I think it has the potential to make North Carolina very exciting, we have two races that could very well go down to the wire and the presidential race in what would be more exciting than to have the North Carolina choose it would be the republican on a democratic nominee, the president. It also has a lot of other benefits heard the lecture's chair this morning or this afternoon, it talked about the savings and how it wouldn't be nine and a half or ten million dollars, but it would be a substantial cost savings, I looked at the way county board of elections website an they advertise that as a precinct official you can make $2170 in an election, so We've assumed we saved that, we've saved six to eight, precinct officials and every precincts in White County by my rough math that's over $300,000 now if we save that across the state that becomes a pretty substantial savings. We are proceeding today as this we know what's gonna happen in the Federal court but the truth is we don't know this three judge panel in Greensboro they gonna take two weeks or two months to approve these maps that we're getting ready to put out. And when it be terrible if it took them long enough that we had to come back here another time and schedule another primary I just picked the date that we could pick for the staff and get all these accomplished I think it's the safest thing to do. I think it will save the state money and I think it has the potential to turn out to be a very exciting deletion for us tonight.

I urge everyone's support. >> Chair's gonna recognize the bill sponsor Representative Jones and then move to the member of the committee Any that the chair has recognised. Representative Jones >> Thank you Mr. Chairman I appreciate Representative Jackson and his amendment of members I would ask that you'll debate this amendment. First of all obviously there has already been a tremendous disruption to our congressional elections. But there is no reason to disrupt every election in North Carolina because of it So that is a primary reason that we shouldn't do it as far as saving the state money, I believe we heard testimony from the director of the state board elections at our redistricting meeting earlier today that that will not be the case. There's already been extensive amount of money spent on the ballots that have already within printed made up for March the 15th, so there's certainly no reason to disrupt all the primary elections in North Carolina this year and so I would ask please if you would defeat this amendment. >> Representative Stan of what purpose do you wanna seek recognition? >> To speak the amendment. >> Gentleman has the floor to defeat the amendment. >> I would ask you to defeat the amendment, I don't know might save the state a little bit of money but it would cost the hundreds of candidates bucket loads of money who have already started their campaigns that work backwards from March 15, on the spending plans, they've spent a lot of money, they've organised, emotionally they are ready for it to be over in three weeks or whatever it is and this would be a great disservice to all the candidates for council of state house, county commissioners, some school boards, it just would be horrible for them, it's bad enough for our congressional candidates that this has happened but to do it for everybody is just a bad thing. Representative Senator McGrady what purpose does the gentleman seek recognition? >> To speak on the bill. >> The gentleman has the floor to debate the amendment. >> I agree with my parley who just spoke, I think we need to remember why we set this primary date. It was related to the presidential primary to now sorta look Look at the races and say well it has put us last because that would be better there is just a massive amount of money that is involved in elections it's not just local governments particularly sensitive to the local governments concern having served as a county commissioner and recognizing that but you know I Yes sir state slogan is first and fly for me this would be first and freight and I just would ask my colleagues to oppose it. >> Representative iii what purpose have you must seek recognition. >> Thank you Mr speaker only a minute. >> The gentleman has the floor to debate the amendment. >> Thank you speaker I There will be no surprise if I ask you to vote no in this amendment the reason is maybe a little different maybe the same as what representative Johns said different a little bit on representative Jackson he's saying that we'll save money I think we had today from his iii the money was not in the labor it was actually in the ballot coding, the ballot coding or People on the ballot in June will actually cost more money than you would all set and you would save by the labor piece so I doubt very seriously this would save as you may actually this may end up costing us money so in that case I would ask the representatives in the room to vote against the amendment. >> Further discussion further debate on the amendments on iii by representative Jackson, seeing none those favoring the amendments sent forward by the general from iii will vote I those opposed will vote No, the chair apologizes to representative Michelle please state your purpose. >> That could be made on this. >> Yes sir the chair is about to announce that it will be a recorded vote. Further discussion, further debate. A question before the committee is the adoption of the amendment send forward by the gentleman from Wake, Representative Jackson. Those favoring the adoption will vote aye, those opposed will no. The clerk will call the roll. >> Representative Louis >> No >> Representative Louis no, Representative Jones >> No >> Representative Jones no, Representative Brolly >> No >> Representative Brolly no, Representative Katham, Representative Katham aye, Representative Davis? >> No >> Representative Davis no, Representative Farmer Butterfield, >> Aye >> Butterfield, aye. Representative Hager? >> No. >> Representative Hager no. Representative Hanes? >> Aye, >> Hanes aye. Representative Harristor? >> No. >> Harristor no. Representative Harley? Harley no. Representative Jackson? Representative Jackson aye. Representative Johnson? Jonhson no, Representative Jordan. >> No. >> Representative Jordan no. Representative McGrady. McGrady no. Representative Mitchelle. Mitchelle aye.

Representative Moore. Moore aye. Representative Stan. Stan no. Representative Stevens. Stevens no. [BLANK_AUDIO] >> The six members voting in the affirmative and 12 members voting in the negative the amendment is not adopted. So further discussion or debate? Seeing none, the question before the committee is the motion about Representative Jones to give the proposed committee substitute for house bill number two a favorable report and a non favorable report be given to the original house bill number two. Those favoring the motion will vote aye, those who oppose will vote no No, the clerk will call the roll. >> Representative Louis, >> Aye. >> Louis,aye. Representative Jones >> Aye. >> Jones aye, Representative Brolly >> Aye >> Brolly aye, Representative Katham, Katham No, Representative Davis, Davis aye, Representative Farmer Butterfield, Farmer Butterfield no, Representative Hagger Hagger >> Aye. >> Hagger aye, Representative Heins, Heins no, Representative Harristor >> Aye. >> Harristor aye, Representative Hurley >> Aye. >> Hurley aye, Representative Jackson >> No >> Representative Jackson no, Representative Johnson>> Aye. >> Johnson aye, Representative Jordan >> Aye. >> Jordan aye Representative McGrady. >> Aye. >> McGrady aye. Representative Mitchell, >> No. >> Mitchell no. Representative Moore, Moore nay. Representative Stam, >> Aye. >> Stam aye. Representative Stevens, >> Aye. >> [INAUDIBLE] With 12 members voting in the affirmative and six members in the negative, the motion is adopted. The bill will be reported favorably. There being no further business before the committee, this committee does stand adjourned.[SOUND][BLANK_AUDIO].