GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S 1
SENATE BILL 39
Short Title: Restore Partisan Judicial Elections. |
(Public) |
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Sponsors: |
Senators Tillman, Goolsby (Primary Sponsors); Brock, Daniel, Hunt, Jackson, Newton, Randleman, Sanderson, Tucker, and Wade. |
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Referred to: |
Rules and Operations of the Senate. |
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February 4, 2013
A BILL TO BE ENTITLED
AN ACT to restore partisan judicial elections.
The General Assembly of North Carolina enacts:
SECTION 1. Subchapter X (Article 25) of Chapter 163 of the General Statutes is repealed.
SECTION 2. G.S. 163‑106(c) reads as rewritten:
"(c) Time for Filing Notice of Candidacy. – Candidates seeking party primary nominations for the following offices shall file their notice of candidacy with the State Board of Elections no earlier than 12:00 noon on the second Monday in February and no later than 12:00 noon on the last business day in February preceding the primary:
Governor
Lieutenant Governor
All State executive officers
Justices of the Supreme Court, Judges of the Court of Appeals
Judges of the superior courts
Judges of the district courts
United States Senators
Members of the House of Representatives of the United States
District attorneys
Candidates seeking party primary nominations for the following offices shall file their notice of candidacy with the county board of elections no earlier than 12:00 noon on the second Monday in February and no later than 12:00 noon on the last business day in February preceding the primary:
State Senators
Members of the State House of Representatives
All county offices."
SECTION 2.1. G.S. 163‑106(f) reads as rewritten:
"(f) Candidates required to file their notice of candidacy with the State Board of Elections under subsection (c) of this section shall file along with their notice a certificate signed by the chairman of the board of elections or the director of elections of the county in which they are registered to vote, stating that the person is registered to vote in that county, if the candidacy is for superior court judge and the county contains more than one superior court district, stating the superior court district of which the person is a resident, stating the party with which the person is affiliated, and that the person has not changed his affiliation from another party or from unaffiliated within three months prior to the filing deadline under subsection (c) of this section. In issuing such certificate, the chairman or director shall check the registration records of the county to verify such information. During the period commencing 36 hours immediately preceding the filing deadline the State Board of Elections shall accept, on a conditional basis, the notice of candidacy of a candidate who has failed to secure the verification ordered herein subject to receipt of verification no later than three days following the filing deadline. The State Board of Elections shall prescribe the form for such certificate, and distribute it to each county board of elections no later than the last Monday in December of each odd‑numbered year."
SECTION 2.2. G.S. 163‑106.1 is amended by adding a new subsection to read:
"(j) No person may file a notice of candidacy for superior court judge unless that person is at the time of filing the notice of candidacy a resident of the judicial district as it will exist at the time the person would take office if elected. No person may be nominated as a superior court judge under G.S. 163‑114 unless that person is at the time of nomination a resident of the judicial district as it will exist at the time the person would take office if elected. This subsection implements Section 9(1) of Article IV of the North Carolina Constitution which requires regular superior court judges to reside in the district for which elected."
SECTION 2.3. G.S. 163‑107.1(b) reads as rewritten:
"(b) If the candidate is seeking the office of United States Senator, Governor, Lieutenant Governor, or any State executive officer, the petition must be signed by 10,000 registered voters who are members of the political party in whose primary the candidate desires to run, except that in the case of a political party as defined by G.S. 163‑96(a)(2) which will be making nominations by primary election, the petition must be signed by ten percent (10%) of the registered voters of the State who are affiliated with the same political party in whose primary the candidate desires to run, or in the alternative, the petition shall be signed by no less than 10,000 registered voters regardless of the voter's political party affiliation, whichever requirement is greater. If the office is superior court judge or district court judge, the petition shall be signed by ten percent (10%) of the registered voters of the election area in which the office will be voted for."
The petition must be filed with the State Board of Elections not later than 12:00 noon on Monday preceding the filing deadline before the primary in which he seeks to run. The names on the petition shall be verified by the board of elections of the county where the signer is registered, and the petition must be presented to the county board of elections at least 15 days before the petition is due to be filed with the State Board of Elections. When a proper petition has been filed, the candidate's name shall be printed on the primary ballot."
SECTION 3. G.S. 163‑106(d) reads as rewritten:
"(d) Notice of Candidacy for Certain Offices to
Indicate Vacancy. – In any primary in which there are two or more vacancies
for associate justices for the Supreme Court, two or more vacancies for the
Court of Appeals, two or more vacancies for district court judge, or two
vacancies for United States Senator from North Carolina, each candidate shall,
at the time of filing notice of candidacy, file with the State Board of
Elections a written statement designating the vacancy to which he that
candidate seeks nomination. A person seeking election for a specialized
district judgeship established under G.S. 7A‑147 shall, at the time
of filing notice of candidacy, file with the State Board of Elections a written
statement designating the specialized judgeship to which the person seeks
nomination. Votes cast for a candidate shall be effective only for his nomination
to the vacancy for which he that candidate has given notice of
candidacy as provided in this subsection."
SECTION 4. G.S. 163‑107(a) reads as rewritten:
"(a) Fee Schedule. – At the time of filing a
notice of candidacy, each candidate shall pay to the board of elections with
which he that candidate files under the provisions of G.S. 163‑106
a filing fee for the office he seekssought in the amount
specified in the following tabulation:
Office Sought Amount of Filing Fee
Governor One percent (1%) of the annual salary of the office sought
Lieutenant Governor One percent (1%) of the annual salary of the office sought
All State executive offices One percent (1%) of the annual salary of the office sought
All Justices, Judges, and One percent (1%) of the annual salary of
District Attorneys of the General the office sought
Court of Justice
United States Senator One percent (1%) of the annual salary of the office sought
Members of the United States House One percent (1%) of the annual salary of
of Representatives the office sought
State Senator One percent (1%) of the annual salary of the office sought
Member of the State House of One percent (1%) of the annual salary of
Representatives the office sought
All county offices not compensated by fees One percent (1%) of the annual salary of the office sought
All county offices compensated partly One percent (1%) of the first annual
by salary and partly by fees salary to be received (exclusive of fees)
The salary of any office that is the basis for calculating the filing fee is the starting salary for the office, rather than the salary received by the incumbent, if different. If no starting salary can be determined for the office, then the salary used for calculation is the salary of the incumbent, as of January 1 of the election year."
SECTION 5. G.S. 163‑107.1(c) reads as rewritten:
"(c) County, Municipal and District Primaries. –
If the candidate is seeking one of the offices set forth in G.S. 163‑106(c)
but which is not listed in subsection (b) of this section, or a municipal or
any other office requiring a partisan primary which is not set forth in G.S. 163‑106(c)
or (d), he the candidate shall file a written petition with the
appropriate board of elections no later than 12:00 noon on Monday preceding the
filing deadline before the primary. The petition shall be signed by ten percent
(10%) of the registered voters of the election area in which the office will be
voted for, who are affiliated with the same political party in whose primary
the candidate desires to run, or in the alternative, the petition shall be
signed by no less than 200 registered voters regardless of said voter's
political party affiliation, whichever requirement is greater. The board of
elections shall verify the names on the petition, and if the petition is found
to be sufficient, the candidate's name shall be printed on the appropriate
primary ballot. Petitions for candidates for member of the U.S. House of
Representatives, District Attorney, judge of the superior court, judge of
the district court, and members of the State House of Representatives from
multi‑county districts or members of the State Senate from multi‑county
districts must be presented to the county board of elections for verification
at least 15 days before the petition is due to be filed with the State Board of
Elections, and such petition must be filed with the State Board of Elections no
later than 12:00 noon on Monday preceding the filing deadline. The State Board
of Elections may adopt rules to implement this section and to provide standard
petition forms."
SECTION 6. G.S. 163‑111(c)(1) reads as rewritten:
"(c) Procedure for Requesting Second Primary.
(1) A candidate who is apparently entitled to demand a second primary, according to the unofficial results, for one of the offices listed below, and desiring to do so, shall file a request for a second primary in writing with the Executive Director of the State Board of Elections no later than 12:00 noon on the ninth day (including Saturdays and Sundays) following the date on which the primary was conducted, and such request shall be subject to the certification of the official results by the State Board of Elections. If the vote certification by the State Board of Elections determines that a candidate who was not originally thought to be eligible to call for a second primary is in fact eligible to call for a second primary, the Executive Director of the State Board of Elections shall immediately notify such candidate and permit him to exercise any options available to him within a 48‑hour period following the notification:
Governor,
Lieutenant Governor,
All State executive officers,
Justices, Judges, or District Attorneys of the General Court of Justice,
United States Senators,
Members of the United States House of Representatives,
State Senators in multi‑county senatorial districts, and
Members of the State House of Representatives in multi‑county representative districts."
SECTION 7. G.S. 163‑114 reads as rewritten:
"§ 163‑114. Filling vacancies among party nominees occurring after nomination and before election.
If any person nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general election, the vacancy shall be filled by appointment according to the following instructions:
Position
President Vacancy is to be filled by appointment of
Vice President national executive committee of
political party in which vacancy occurs
Presidential elector or alternate elector Vacancy is to be filled by appointment of
Any elective State office State executive committee of political
United States Senator party in which vacancy occurs
A district office, including: Appropriate district executive committee of
Member of the United States House political party in which vacancy occurs
of Representatives
Judge of district court
District Attorney
State Senator in a multi‑county
senatorial district
Member of State House of
Representatives in a multi‑county
representative district
State Senator in a single‑county County executive committee of political
senatorial district party in which vacancy occurs,
Member of State House of provided, in the case of the State
Representatives in a single‑county Senator or State Representative in a
representative district single‑county district where not all the
Any elective county office county is located in that district, then in
voting, only those members of the
county executive committee who reside
within the district shall vote
Judge of superior court in a County executive committee
single‑county judicial of political party in
district where the district which vacancy occurs;
is the whole county or part provided, in the case of
of the county a superior court judge in a
single‑county district where
not all the county is
located in that district,
then in voting, only those
members of the county
executive committee who
reside within the
district shall vote
Judge of superior court in a Appropriate district
multicounty judicial executive committee of
district political party in which
vacancy occurs.
The party executive making a nomination in accordance with the provisions of this section shall certify the name of its nominee to the chairman of the board of elections, State or county, that has jurisdiction over the ballot item under G.S. 163‑182.4. If at the time a nomination is made under this section the general election ballots have already been printed, the provisions of G.S.163‑165.3(c) shall apply. If a vacancy occurs in a nomination of a political party and that vacancy arises from a cause other than death and the vacancy in nomination occurs more than 120 days before the general election, the vacancy in nomination may be filled under this section only if the appropriate executive committee certifies the name of the nominee in accordance with this paragraph at least 75 days before the general election.
In a county which is partly in a multicounty judicial district, in choosing that county's member or members of the judicial district executive committee for the multicounty district, only the county convention delegates or county executive committee members who reside within the area of the county which is within that multicounty district may vote.
In a county not all of which is located in one congressional district, in choosing the congressional district executive committee member or members from that area of the county, only the county convention delegates or county executive committee members who reside within the area of the county which is within the congressional district may vote.
In a county which is partly in a multi‑county senatorial district or which is partly in a multi‑county House of Representatives district, in choosing that county's member or members of the senatorial district executive committee or House of Representatives district executive committee for the multi‑county district, only the county convention delegates or county executive committee members who reside within the area of the county which is within that multi‑county district may vote.
An individual whose name appeared on the ballot in a primary election preliminary to the general election shall not be eligible to be nominated to fill a vacancy in the nomination of another party for the same office in the same year."
SECTION 8. G.S. 138A‑22(d) reads as rewritten:
"(d) A candidate for an office subject to this
Article shall file the statement of economic interest at the same place and in
the same manner as the notice of candidacy for that office is required to be
filed under G.S. 163‑106 or G.S. 163‑323 within 10
days of the filing deadline for the office the candidate seeks. An individual
who is nominated under G.S. 163‑114 after the primary and before the
general election, and an individual who qualifies under G.S. 163‑122
as an unaffiliated candidate in a general election, shall file a statement of
economic interest with the county board of elections of each county in the
senatorial or representative district. An individual nominated under G.S. 163‑114
shall file the statement within three days following the individual's
nomination, or not later than the day preceding the general election, whichever
occurs first. An individual seeking to qualify as an unaffiliated candidate
under G.S. 163‑122 shall file the statement of economic interest
with the petition filed under that section. An individual seeking to have write‑in
votes counted for that individual in a general election shall file a statement
of economic interest at the same time the candidate files a declaration of
intent under G.S. 163‑123. A candidate of a new party chosen by
convention shall file a statement of economic interest at the same time that
the president of the convention certifies the names of its candidates to the
State Board of Elections under G.S. 163‑98."
SECTION 9. G.S. 163‑22.3 reads as rewritten:
"§ 163‑22.3. State Board of Elections littering notification.
At the time an individual files with the State Board of
Elections a notice of candidacy pursuant to G.S. 163‑106, 163‑112,
163‑291, 163‑294.2, or 163‑323, or 163‑294.2,
is certified to the State Board of Elections by a political party executive
committee to fill a nomination vacancy pursuant to G.S. 163‑114, is
certified to the State Board of Elections by a new political party as that
party's nominee pursuant to G.S. 163‑98, qualifies with the State
Board of Elections as an unaffiliated or write‑in candidate pursuant to
Article 11 of this Chapter, or formally initiates a candidacy with the State
Board of Elections pursuant to any statute or local act, the State Board of
Elections shall notify the candidate of the provisions concerning campaign
signs in G.S. 136‑32 and G.S. 14‑156, and the rules
adopted by the Department of Transportation pursuant to G.S. 136‑18."
SECTION 10. G.S. 163‑82.10B reads as rewritten:
"§ 163‑82.10B. Confidentiality of date of birth.
Boards of elections shall keep confidential the date of birth of every voter‑registration applicant and registered voter, except in the following situations:
(1) When a voter has filed notice of candidacy for
elective office under G.S. 163‑106, 163‑122, 163‑123, or
163‑294.2, or 163‑323, has been nominated as a candidate
under G.S. 163‑98 or G.S. 163‑114, or has otherwise
formally become a candidate for elective office. The exception of this
subdivision does not extend to an individual who meets the definition of "candidate"
only by beginning a tentative candidacy by receiving funds or making payments
or giving consent to someone else to receive funds or transfer something of
value for the purpose of exploring a candidacy.
(2) When a voter is serving in an elective office.
(3) When a voter has been challenged pursuant to Article 8 of this Chapter.
(4) When a voter‑registration applicant or registered voter expressly authorizes in writing the disclosure of that individual's date of birth.
The disclosure of an individual's age does not constitute disclosure of date of birth in violation of this section.
The county board of elections shall give precinct officials access to a voter's date of birth where necessary for election administration, consistent with the duty to keep dates of birth confidential.
Disclosure of a date of birth in violation of this section shall not give rise to a civil cause of action. This limitation of liability does not apply to the disclosure of a date of birth in violation of this subsection as a result of gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable."
SECTION 11. G.S. 163‑165.5(3) reads as rewritten:
"§ 163‑165.5. Contents of official ballots.
Each official ballot shall contain all the following elements:
…
(3) The names of the candidates as they appear on their
notice of candidacy filed pursuant to G.S. 163‑106 or G.S. 163‑323,
or on petition forms filed in accordance with G.S. 163‑122. No
title, appendage, or appellation indicating rank, status, or position shall be
printed on the official ballot in connection with the candidate's name.
Candidates, however, may use the title Mr., Mrs., Miss, or Ms. Nicknames shall
be permitted on an official ballot if used in the notice of candidacy or
qualifying petition, but the nickname shall appear according to standards
adopted by the State Board of Elections. Those standards shall allow the
presentation of legitimate nicknames in ways that do not mislead the voter or
unduly advertise the candidacy. In the case of candidates for presidential
elector, the official ballot shall not contain the names of the candidates for
elector but instead shall contain the nominees for President and Vice President
which the candidates for elector represent. The State Board of Elections shall
establish a review procedure that local boards of elections shall follow to
ensure that candidates' names appear on the official ballot in accordance with
this subdivision.
…."
SECTION 12. G.S. 163‑278.100(1) reads as rewritten:
"§ 163‑278.100. Definitions.
As used in this Article, the following terms have the following definitions:
(1) The term "candidate‑specific communication" means any broadcast, cable, or satellite communication that has all the following characteristics:
a. Refers to a clearly identified candidate for a statewide office or the General Assembly.
b. Is aired in an even‑numbered year after the
final date on which a Notice of Candidacy can be filed for the office, pursuant
to G.S. 163‑106(c) or G.S. 163‑323, G.S. 163‑106(c),
and through the day on which the general election is conducted, excluding the
time period set in the definition for "electioneering communication"
in G.S. 163‑278.80(2)b.
c. Is targeted to the relevant electorate.
…."
SECTION 13. G.S. 163‑278.110(1) reads as rewritten:
"§ 163‑278.110. Definitions.
As used in this Article, the following terms have the following definitions:
(1) The term "candidate‑specific communication" means any mass mailing or telephone bank that has all the following characteristics:
a. Refers to a clearly identified candidate for a statewide office or the General Assembly.
b. Is transmitted in an even‑numbered year after
the final date on which a Notice of Candidacy can be filed for the office,
pursuant to G.S. 163‑106(c) or G.S. 163‑323, G.S. 163‑106(c),
and through the day on which the general election is conducted, excluding
the time period set in the definition for "electioneering communication"
in G.S. 163‑278.90(2)b.
c. Is targeted to the relevant electorate.
…."
SECTION 14. G.S. 163‑1(b) reads as rewritten:
"(b) On Tuesday next after the first Monday in May
preceding each general election to be held in November for the officers
referred to in subsection (a) of this section, there shall be held in all
election precincts within the territory for which the officers are to be
elected a primary election for the purpose of nominating candidates for each
political party in the State for those offices, and nonpartisan candidates
as to offices elected under the provisions of Article 25 of this Chapter.offices."
SECTION 15. G.S. 163‑122(c) is repealed.
SECTION 16. G.S. 163‑123(g) reads as rewritten:
"(g) Municipal and Nonpartisan Elections Excluded.
– This section does not apply to municipal elections conducted under Subchapter
IX of Chapter 163 of the General Statutes, and does not apply to nonpartisan
elections.elections except for elections under Article 25 of this
Chapter."
SECTION 17. G.S. 163‑278.64(c) reads as rewritten:
"(c) Certification of Candidates. – Upon receipt of a submittal of the record of demonstrated support by a participating candidate, the Board shall determine whether or not the candidate has complied with all the following requirements:
(1) Signed and filed a declaration of intent to participate in this Article.
(2) Submitted a report itemizing the appropriate number of qualifying contributions received from registered voters, which the Board shall verify through a random sample or other means it adopts. The report shall include the county of residence of each registered voter listed.
(3) Filed a valid notice of candidacy pursuant to
Article 25 10 of this Chapter. Chapter, a valid
petition or declaration of intent under Article 11 of this Chapter, or is
nominated under G.S. 163‑98.
(4) Otherwise met the requirements for participation in this Article.
The Board shall certify candidates complying with the requirements of this section as soon as possible and no later than five business days after receipt of a satisfactory record of demonstrated support."
SECTION 18. G.S. 163‑278.64A is repealed.
SECTION 19. G.S. 105‑159.2(b) reads as rewritten:
"(b) Returns. – Individual income tax returns must
give an individual an opportunity to agree to the allocation of three dollars
($3.00) of the individual's tax liability to the North Carolina Public Campaign
Fund. The Department must make it clear to the taxpayer that the dollars will
support a nonpartisan court system, that the dollars will go to the Fund if
the taxpayer marks an agreement, and that allocation of the dollars neither
increases nor decreases the individual's tax liability. The following statement
must be used to meet this requirement: "Mark 'Yes' if you want to
designate $3 of taxes to this special Fund for voter education materials and
for candidates who accept spending limits. Marking 'Yes' does not change your
tax or refund." The Department must consult with the State Board of
Elections to ensure that the information given to taxpayers complies with the
intent of this section.
The Department must inform the entities it approves to reproduce the return that they must comply with the requirements of this section and that a return may not reflect an agreement or objection unless the individual completing the return decided to agree or object after being presented with the statement required by subsection (b) of this section and, as available background information or instructions, the information required by subsection (c) of this section. No software package used in preparing North Carolina income tax returns may default to an agreement or objection. A paid preparer of tax returns may not mark an agreement or objection for a taxpayer without the taxpayer's consent."
SECTION 20.(a) G.S. 84‑34 reads as rewritten:
"§ 84‑34. Membership fees and list of members.
Every active member of the North Carolina State Bar shall,
prior to the first day of July of each year, pay to the secretary‑treasurer
an annual membership fee in an amount determined by the Council but not to
exceed three hundred dollars ($300.00), plus a surcharge of fifty dollars
($50.00) for the implementation of Article 22D of Chapter 163 of the General
Statutes, three hundred dollars ($300.00) and every member shall
notify the secretary‑treasurer of the member's correct mailing address.
Any member who fails to pay the required dues by the last day of June of each
year shall be subject to a late fee in an amount determined by the Council but
not to exceed thirty dollars ($30.00). All dues for prior years shall be as
were set forth in the General Statutes then in effect. The membership fee shall
be regarded as a service charge for the maintenance of the several services
authorized by this Article, and shall be in addition to all fees required in
connection with admissions to practice, and in addition to all license taxes
required by law. The fee shall not be prorated: Provided, that no fee shall be
required of an attorney licensed after this Article shall have gone into effect
until the first day of January of the calendar year following that in which the
attorney was licensed; but this proviso shall not apply to attorneys from other
states admitted on certificate. The fees shall be disbursed by the secretary‑treasurer
on the order of the Council. The fifty‑dollar ($50.00) surcharge shall
be sent on a monthly schedule to the State Board of Elections. The
secretary‑treasurer shall annually, at a time and in a law magazine or
daily newspaper to be prescribed by the Council, publish an account of the
financial transactions of the Council in a form to be prescribed by it. The
secretary‑treasurer shall compile and keep currently correct from the
names and mailing addresses forwarded to the secretary‑treasurer and from
any other available sources of information a list of members of the North
Carolina State Bar and furnish to the clerk of the superior court in each
county, not later than the first day of October in each year, a list showing
the name and address of each attorney for that county who has not complied with
the provisions of this Article. The name of each of the active members who are
in arrears in the payment of membership fees shall be furnished to the
presiding judge at the next term of the superior court after the first day of
October of each year, by the clerk of the superior court of each county wherein
the member or members reside, and the court shall thereupon take action that is
necessary and proper. The names and addresses of attorneys so certified shall
be kept available to the public. The Secretary of Revenue is hereby directed to
supply the secretary‑treasurer, from records of license tax payments,
with any information for which the secretary‑treasurer may call in order
to enable the secretary‑treasurer to comply with this requirement.
The list submitted to several clerks of the superior court shall also be submitted to the Council at its October meeting of each year and it shall take the action thereon that is necessary and proper."
SECTION 20.(b) Article 22D of Chapter 163 of the General Statutes is repealed.
SECTION 20.(c) G.S. 163‑278.5 reads as rewritten:
"§ 163‑278.5. Scope of Article; severability.
The provisions of this Article apply to primaries and elections for North Carolina offices and to North Carolina referenda and do not apply to primaries and elections for federal offices or offices in other States or to non‑North Carolina referenda. Any provision in this Article that regulates a non‑North Carolina entity does so only to the extent that the entity's actions affect elections for North Carolina offices or North Carolina referenda.
The provisions of this Article are severable. If any provision is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions of the Article that can be given effect without the invalid provision.
This section applies to Articles 22B, 22D, 22E, 22F,
22G, 22H, 22J, and 22M of the General Statutes to the same extent that it
applies to this Article."
SECTION 20.(d) G.S. 163‑278.13(e) reads as rewritten:
"(e) Except as provided in subsections (e2),
(e3), (e3) and (e4) of this section, this section shall not apply to
any national, State, district or county executive committee of any political
party. For the purposes of this section only, the term "political party"
means only those political parties officially recognized under G.S. 163‑96."
SECTION 20.(e) Any unexpended funds from the tax on attorneys under G.S. 163‑278.63(b)(7) and G.S. 84‑34 shall be refunded pro rata.
SECTION 21. This act is effective with respect to primaries and elections held on or after January 1, 2014, except that Section 20(e) shall become effective July 1, 2013.