Bill Commons
--- version:Edition 1
+++ version:Filed
@@ -1,18 +1,17 @@
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
-H 1
-HOUSE BILL 1235
+H D
+HOUSE BILL DRH10656-MCy-333
Short Title: Restoring Separation of Powers & Leg. Transp. (Public)
-Sponsors: Representatives Rubin, Morey, Butler, and Longest (Primary Sponsors).
-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
-Referred to: Rules, Calendar, and Operations of the House
-June 3, 2026
-*H1235-v-1*
+Sponsors: Representative Rubin.
+Referred to:
+
+*DRH10656-MCy-333*
A BILL TO BE ENTITLED 1
-AN ACT TO SECURE THE PROTECTIONS AFFORDE D BY OUR CONSTITUTIO NAL 2
-SYSTEM OF SEPARATION OF POWERS AND TO RE QUIRE THE GENERAL 3
-ASSEMBLY TO LEGISLAT E IN A TRANSPARENT A ND FAIR MANNER THAT 4
+AN ACT TO SECURE THE PROTECTIONS AFFORDED BY OUR CONSTITUTIONAL 2
+SYSTEM OF SEPARATION OF POWERS AND TO REQUIRE THE GENERAL 3
+ASSEMBLY TO LEGISLATE IN A TRANSPARENT AND FAIR MANNER THAT 4
PROMOTES PUBLIC PARTICIPATION IN THE LEGISLATIVE PROCESS. 5
Whereas, the North Carolina Constitution protects liberty by dividing power among 6
separate branches of government so that each branch can serve as a check on the others and none 7
@@ -22,19 +21,19 @@
and 11
Whereas, North Carolinians expect the Governor elected by the people to retain the 12
practical authority necessary to faithfully carry out and enforce the laws of this State; and 13
-Whereas, although the North Carolina Constitution already protects separation of 14
+Whereas, although the North Carolina C onstitution already protects separation of 14
powers from interference, repeated encroachments by the General Assembly and the courts have 15
-made it necessary to pro vide absolute clarity that separation of powers may not be dismantled 16
+made it necessary to provide absolute clarity that separation of powers may not be dismantled 16
for partisan gain; and 17
Whereas, furthermore, the General Assembly's repeated practice of wholly rewriting 18
-bills with new topics late in the legislative process, and advancing important l egislation without 19
+bills with new topics late in the legislative process, and advancing important legislation without 19
meaningful public notice or involvement, has weakened confidence in the legislative process; 20
and 21
Whereas, providing advance public notice before final votes are taken, as well as 22
-requiring legislation to address only a single subject, wo uld promote transparency, 23
+requiring legislation to address only a single subject, would promote transparency, 23
accountability, and public participation in government; and 24
Whereas, the people of North Carolina can restore public trust and protect their 25
-freedoms by amending the North Carolina Constitution to preserve separation of powers, li mit 26
+freedoms by amending the North Carolina Constitution to preserve separation of powers, limit 26
legislative overreach, and ensure the legislative process operates in a transparent and fair manner; 27
Now, therefore, 28
The General Assembly of North Carolina enacts: 29
@@ -42,10 +41,13 @@
"Section 1. Executive power. 31
The executive power of the State shall be vested in the Governor. The General Assembly 32
shall have no power to enact any law that materially impairs the Governor 's authority to 33
-supervise, direct, and control the execution of the laws through administrative departments and 34
+supervise, direct, and control the execution of the laws through administrative departme nts and 34
agencies of the State. This authority includes the necessary powers of majority appointment, 35
+H.B. 1235
+Jun 2, 2026
+HOUSE PRINCIPAL CLERK
General Assembly Of North Carolina Session 2025
-Page 2 House Bill 1235-First Edition
+Page 2 DRH10656-MCy-333
removal, supervision, and administrative direction of entities intrinsic to the Governor's duty to 1
faithfully execute the laws of the State. 2
… 3
@@ -55,7 +57,7 @@
powers, and duties of the administrative departments and agencies of the State and may alter 7
them from time to time, but the time; provided that the General Assembly may not transfer 8
functions, powers, and duties between members of the Council of State unless (i) the transfer is 9
-consistent with the nature of the office established by the Constitution to which the t ransfer is 10
+consistent with the nature of the office established by the Constitution to which the transfer is 10
made and (ii) the transfer is ratified into law no later than 90 days prior to the next election for 11
Council of State and will take effect no earlier than the commencement of the next term of office, 12
except as otherwise provided by a vote of approval by two-thirds of all the members of each 13
@@ -67,17 +69,17 @@
the session, unless specifically disapproved by resolution of either house of the General 19
Assembly or specifically modified by joint resolution of both houses of the General Assembly. 20
…." 21
-SECTION 1.(b) The amendments set out in this section s hall be submitted to the 22
+SECTION 1.(b) The amendments set out in this section shall be submitted to the 22
qualified voters of the State at the statewide general election to be held on November 3, 2026, 23
which election shall be conducted in accordance with the laws governing elections at that time. 24
The question to be used in the voting systems and ballots shall be: 25
"[ ] FOR [ ] AGAINST 26
Constitutional amendment limiting the authority of the General Assembly to 27
reorganize executive powers in a manner that would impair the Governor's authority to faithfully 28
-execute the laws of the State, inc luding imposing restrictions on the authority of the General 29
+execute the laws of the State, including imposing restrictions on the authority of the General 29
Assembly to reorganize powers, duties, and functions of Council of State members." 30
SECTION 1.(c) The State Board of Elections shall certify the results of the 31
-referendum conducted under subsecti on (b) of this section. If a majority of votes cast on the 32
+referendum conducted under subsection (b) of this section. If a majority of votes cast on the 32
question are in favor of the amendment set out in subsection (a) of this section, the Secretary of 33
State shall enroll the amendment among the permanent records of that office. If a majority of 34
votes cast on the question are against the amendment set out in subsection (a) of this section, the 35
@@ -89,7 +91,7 @@
SECTION 2.(a) Article II of the North Carolina Constitution reads as rewritten: 41
"… 42
"Sec. 21. Style and content of the acts. 43
-The style of the acts shall be: "The General Assembly of North Carolina enacts:". Each act 44
+The style of the acts shall be: "The General Assembly of North Carolina enacts: ". Each act 44
shall contain but one subject, which shall be clearly expressed in its title, except general 45
appropriation acts, revenue acts, and acts containing only technical corrections. If any subject is 46
embraced in an act but not expressed in the title, such act is void as to the unexpressed subject. 47
@@ -98,7 +100,7 @@
(1) Original purpose. No bill shall be altered or amended after first reading so as to 50
materially change its original purpose as reflected in its title . If any subject other than the 51
General Assembly Of North Carolina Session 2025
-House Bill 1235-First Edition Page 3
+DRH10656-MCy-333 Page 3
resolution of areas of dispute between the houses is adopted in a conference report, the act is void 1
as to that adopted subject. 2
(2) Public notice. Unless the bill is in response to a declared state of emergency and the 3
@@ -119,7 +121,7 @@
SECTION 2.(c) The State Board of Elections shall certify the results of the 18
referendum conducted under subsection (b) of this section. If a majority of votes cast on the 19
question are in favor of the amendment set out in subsection (a) of this section, the Secretary of 20
-State shall enroll the amendment among the permanent records of that office. If a ma jority of 21
+State shall enroll the amendment among the permanent records of that office. If a majority of 21
votes cast on the question are against the amendment set out in subsection (a) of this section, the 22
amendment shall have no effect. 23
SECTION 2.(d) If the certification from the State Board of Elections under 24

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