HB 478 North Carolina House · 2025-2026 Session

Modify Appointment Process for District Attorney Vacancies.

HB 478 changes how North Carolina fills vacancies in district attorney (DA) offices. It requires the Governor to appoint a replacement from a list of up to three candidates recommended by the political party of the outgoing DA (or by the General Assembly if the DA was unaffiliated), within 30 days of the vacancy. If recommendations aren't provided in time, the Governor can appoint directly. This affects all unexpired DA terms in the state, ensuring appointments align with the political party of the vacating official.

Bill status in committee 1 of 4 stages cleared

Introduction

Mar 2025

Committee Review

Floor Vote

Governor

Introduced Mar 20, 2025 Last action Jun 10, 2025

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What changed between versions

Edition 1 → Edition 2 · 5 edits

MODERATE

This bill modifies the process for filling District Attorney vacancies in North Carolina. The changes shift from a party-based recommendation system to a more flexible appointment process that allows the Governor to appoint qualified individuals when party committees fail to make timely recommendations. The new language clarifies appointment timelines and election procedures for unexpired terms.

Scope change

The bill's scope remains focused on District Attorney vacancy appointments, but the mechanism for selecting candidates has been significantly altered to reduce reliance on party committee recommendations.

REQUIREMENT

Changed the requirement from appointing from a party-recommended list to allowing the Governor to appoint qualified individuals directly if party committees cannot make recommendations within 30 days.

Added new provisions requiring the Governor to consult with party committees before filling vacancies when the vacating DA was elected as a party nominee.

TIMELINE

Reorganized the timeline for appointments and elections, clarifying when elections should occur and how unexpired terms should be filled.

ELIGIBILITY

Removed specific requirements about political party affiliation and the role of district executive committees in recommending candidates.

TECHNICAL

Updated formatting and section numbering, with changes to the effective date language and transition provisions for vacancies occurring before the act takes effect.

Floor votes

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Full legislative history

Actions timeline

Total actions

Key actions

Committee

Jun 10, 2025

Committee

Re-ref Com On Rules, Calendar, and Operations of the House

lower

Jun 10, 2025

Lower · Passed

Reptd Fav

lower

May 13, 2025

Committee

Re-ref Com On State and Local Government

lower

May 13, 2025

Lower · Passed

Reptd Fav Com Substitute

lower

Apr 1, 2025

Committee

Re-ref Com On Election Law

lower

Apr 1, 2025

Lower · Passed

Reptd Fav

lower

Mar 24, 2025

Committee

Ref to the Com on Judiciary 2, if favorable, Election Law, if favorable, State and Local Government, if favorable, Rules, Calendar, and Operations of the House

lower

Mar 20, 2025

Introduced

Filed

lower

3 primary · 7 co-sponsors