(1) Officers. A Secretary of State, an Auditor, a Treasurer, a Superintendent of Public Instruction, an Attorney General, a Commissioner of Agriculture, a Commissioner of Labor, and a Commissioner of Insurance shall be elected by the qualified voters of the State in 1972 and every four years thereafter, at the same time and places as members of the General Assembly are elected. Their term of office shall be four years and shall commence on the first day of January next after their election and continue until their successors are elected and qualified.
(2) Duties. Their respective duties shall be prescribed by law.
(3) Vacancies. If the office of any of these officers is vacated by death, resignation, or otherwise, it shall be the duty of the Governor to appoint another to serve until his successor is elected and qualified. Every such vacancy shall be filled by election at the first election for members of the General Assembly that occurs more than 60 days after the vacancy has taken place, and the person chosen shall hold the office for the remainder of the unexpired term fixed in this Section. When a vacancy occurs in the office of any of the officers named in this Section and the term expires on the first day of January succeeding the next election for members of the General Assembly, the Governor shall appoint to fill the vacancy for the unexpired term of the office.
(4) Interim officers. Upon the occurrence of a vacancy in the office of any one of these officers for any of the causes stated in the preceding paragraph, the Governor may appoint an interim officer to perform the duties of that office until a person is appointed or elected pursuant to this Section to fill the vacancy and is qualified.
(5) Acting officers. During the physical or mental incapacity of any one of these officers to perform the duties of his office, as determined pursuant to this Section, the duties of his office shall be performed by an acting officer who shall be appointed by the Governor.
(6) Determination of incapacity. The General Assembly shall by law prescribe with respect to those officers, other than the Governor, whose offices are created by this Article, procedures for determining the physical or mental incapacity of any officer to perform the duties of his office, and for determining whether an officer who has been temporarily incapacitated has sufficiently recovered his physical or mental capacity to perform the duties of his office. Removal of those officers from office for any other cause shall be by impeachment.
(7) Special Qualifications for Attorney General. Only persons duly authorized to practice law in the courts of this State shall be eligible for appointment or election as Attorney General.
(1983, c. 298, s. 1; 1985 (Reg. Sess., 1986), c. 920, s. 1.)
Cross References. - As to vacancies in office of Superintendent of Public Instruction, see G.S. 115C-18.
History Note. - The provisions of this section are similar to those of Art. III, § 1, Const. 1868, as amended in 1872-1873 and 1944, and Art. III, § 13, Const. 1868, as amended in 1872-1873, 1944, 1954 and 1962.
Defeated Amendment Proposals. - An amendment proposed by Session Laws 1981, c. 504, and defeated at the general election held in 1982, would have substituted "1980" for "1972" and "the Governor is" for "members of the General Assembly are" at the end of the first sentence of subsection (1) of this section and "statewide general election" for "election for members of the General Assembly" in subsection (3) near the beginning of the second sentence and near the end of the third sentence.
An amendment proposed by Session Laws 1985, c. 768, ss. 4, 5 and 9.1(1), and defeated at the primary election held on May 6, 1986, would have amended this section by substituting "1988, and in 1993 and every four years thereafter" for "1972 and every four years thereafter" in the first sentence of subsection (1), by adding "except in 1988 at the same time and places as members of the United States House of Representatives are elected" at the end of the first sentence of subsection (1), and by adding "except that the term of office of those elected in 1988 shall be for five years" at the end of subsection (1).
Legal Periodicals. - For article, "The Common Law Powers of the Attorney General of North Carolina," see 9 N.C. Cent. L.J. 1 (1977).
For article analyzing the scope of the North Carolina Insurance Commissioner's rate-making authority, see 61 N.C.L. Rev. 97 (1982).
For article, "Changes In the State's Law Firm: The Powers, Duties and Operations of the Office of the Attorney General," see 12 Campbell L. Rev. 343 (1990).
CASE NOTES
Duty of Attorney General. - The Attorney General of North Carolina is a constitutional officer, and he is required to take an oath which among other things binds him to "support, maintain and defend the Constitution of North Carolina not inconsistent with the Constitution of the United States . . . ." It is but a small step from the language of this oath to the proposition asserted by the Attorney General, that his duty includes the defense of statutes of this State against charges of unconstitutionality. Hendon v. North Carolina State Bd. of Elections, 633 F. Supp. 454 (W.D.N.C. 1986).
Sole Discretion of Attorney General. - In passing G.S. 114-11.6, the General Assembly made it clear that even upon a proper request and authorization by a district attorney, the Special Prosecution Division is to participate in criminal prosecutions only if the Attorney General, in his sole discretion as an independent constitutional officer, approves. Thus trial court exceeded its authority when it ordered that "the Attorney General's Office shall immediately assume the prosecution of" a capital case. State v. Camacho, 329 N.C. 589, 406 S.E.2d 868 (1991).
Commissioner of Insurance. - Although the office of Commissioner of Insurance is one created by this section, his power and authority emanate from the General Assembly and are limited by legislative prescription. The only power he has to fix rates is such power as the General Assembly has delegated to and vested in him. State ex rel. Comm'r of Ins. v. North Carolina Rate Bureau, 61 N.C. App. 262, 300 S.E.2d 586, cert. denied, 308 N.C. 548, 304 S.E.2d 242 (1983).
The Governor has the duty to supervise the official conduct of all executive officers. Tice v. DOT, 67 N.C. App. 48, 312 S.E.2d 241 (1984).
Vacancies Filled by Appointment until Election. - In each of the offices named in this section in which a vacancy is required to be filled, the duty is imposed upon the Governor to appoint another to fill the office until a successor is elected and qualified. Thomas v. State Bd. of Elections, 256 N.C. 401, 124 S.E.2d 164 (1962), decided under former Art. III, § 13, Const. 1868, as amended.
No Election of Successor to Lieutenant Governor. - If it had been the intent of the framers of the Constitution to authorize or require the election of a successor to fill a vacancy in the office of Lieutenant Governor, as required with respect to the offices named in this section, then there is no sound reason why the framers of the Constitution did not include the office of Lieutenant Governor in this section. Thomas v. State Bd. of Elections, 256 N.C. 401, 124 S.E.2d 164 (1962), decided under former Art. III, § 13, Const. 1868, as amended.
Applied in State ex rel. Comm'r of Ins. v. North Carolina Auto. Rate Admin. Office, 287 N.C. 192, 214 S.E.2d 98 (1975); Martin v. Thornburg, 320 N.C. 533, 359 S.E.2d 472 (1987).
Cited in Nash County Bd. of Educ. v. Biltmore Co., 464 F. Supp. 1027 (E.D.N.C. 1978); State ex rel. Comm'r of Ins. v. North Carolina Rate Bureau, 300 N.C. 381, 269 S.E.2d 547 (1980); North Carolina ex rel. Long v. Alexander & Alexander Servs., Inc., 711 F. Supp. 257 (E.D.N.C. 1989); Bailey v. North Carolina Dep't of Revenue, 353 N.C. 142, 540 S.E.2d 313 (2000); State v. Sexton, 352 N.C. 336, 532 S.E.2d 179 (2000); North Carolina ex rel. Long v. Blackburn, 492 F. Supp. 2d 525 (E.D.N.C. 2007).