§ 120-122. Vacancies in legislative appointments. - North Carolina Statutes

§ 120‑122.  Vacancies inlegislative appointments.

When a vacancy occurs in anyoffice subject to appointment by the General Assembly upon the recommendationof the Speaker of the House of Representatives, upon the recommendation of thePresident Pro Tempore of the Senate, or upon the recommendation of thePresident of the Senate, and the vacancy occurs either: (i) after election ofthe General Assembly but before convening of the regular session; (ii) when theGeneral Assembly has adjourned to a date certain, which date is more than 20days after the date of adjournment; (iii) after sine die adjournment of theregular session; or (iv) when the term of office expires and a successor hasnot been appointed, then the Governor may appoint a person to serve until theexpiration of the term or until the General Assembly fills the vacancy,whichever occurs first. The General Assembly may fill the vacancy in accordancewith G.S. 120‑121 during a regular or extra session. When a person isholding over in office after the expiration of the term, for the purpose ofthis section that office may be filled as if it were vacant. Before making anappointment, the Governor shall consult the officer who recommended theoriginal appointment to the General Assembly (the Speaker of the House ofRepresentatives, the President Pro Tempore of the Senate, or the President ofthe Senate), and ask for a written recommendation. After receiving the writtenrecommendation, the Governor must within 30 days either appoint the personrecommended or inform the officer who made the recommendation that he isrejecting the recommendation. Failure to act within 30 days as required underthe provisions of the preceding sentence shall be deemed to be approval of thecandidate, and the candidate shall be eligible to enter the office in as fulland ample extent as if the Governor had executed the appointment. The Governorshall not appoint a person other than the person so recommended. Any positionsubject to initial appointment by the General Assembly but not filled prior tosine die adjournment of the Session at which the position was created oradjournment to a date certain which date is more than 20 days after the date ofadjournment of the session at which the position was created may be filled by theGovernor under this section as if it were a vacancy occurring after the GeneralAssembly had made an appointment. (1981 (Reg. Sess., 1982), c. 1191, s. 2; 1983, c. 717,ss. 112, 113; 1985, c. 752, ss. 1, 2; 1993, c. 563, s. 13; 2004‑187, s.5; 2004‑195, s. 7.)