Bill Text: NC H509 | 2015-2016 | Regular Session | Amended
Bill Title: Voter Freedom Act of 2015
Spectrum: Slight Partisan Bill (Democrat 19-9)
Status: (Introduced - Dead) 2015-04-02 - Ref to the Com on Elections, if favorable, Appropriations [H509 Detail]
Download: North_Carolina-2015-H509-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 1
HOUSE BILL 509
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Short Title: Voter Freedom Act of 2015. |
(Public) |
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Sponsors: |
Representatives Saine and Luebke (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site. |
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Referred to: |
Elections, if favorable, Appropriations. |
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April 2, 2015
A BILL TO BE ENTITLED
AN ACT to amend the definition of a "political party" and to reduce the signature requirement for unaffiliated candidates.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 163‑96(a) reads as rewritten:
"(a) Definition. – A political party within the meaning of the election laws of this State shall be either:
(1) Any group of voters which, at the last preceding
general State election, polled for its candidate for Governor, or for
presidential electors, at least two percent (2%)one‑quarter of
one percent (0.25%) of the entire vote cast in the State for Governor or
for presidential electors; or
(2) Any group of voters which shall have filed with the
State Board of Elections petitions for the formulation of a new political party
which are signed by registered and qualified voters in this State equal in
number to two percent (2%)one‑quarter of one percent (0.25%)
of the total number of voters who voted in the most recent general election for
Governor.Governor, or for presidential electors, whichever is less.
Also the petition must be signed by at least 200 registered voters from each of
four three congressional districts in North Carolina. To be
effective, the petitioners must file their petitions with the State Board of
Elections before 12:00 noon on the first day of Junethird Friday in
July preceding the day on which is to be held the first general State
election in which the new political party desires to participate. The State
Board of Elections shall forthwith determine the sufficiency of petitions filed
with it and shall immediately communicate its determination to the State
chairman of the proposed new political party."
SECTION 2. G.S. 163‑98 reads as rewritten:
"§ 163‑98. General election participation by new political party.
In the first general election following the date on which a new political party qualifies under the provisions of G.S. 163‑96, it shall be entitled to have the names of its candidates for national, State, congressional, and local offices printed on the official ballots upon paying a filing fee equal to that provided for candidates for the office in G.S. 163‑107 or upon complying with the alternative available to candidates for the office in G.S. 163‑107.1.
For the first general election following the date on which it
qualifies under G.S. 163‑96, a new political party shall select its
candidates by party convention. Following adjournment of the nominating
convention, but not later than the first day of July September prior
to the general election, the president of the convention shall certify to the
State Board of Elections the names of persons chosen in the convention as the
new party's candidates in the ensuing general election. Any candidate nominated
by a new party shall be affiliated with the party at the time of certification
to the State Board of Elections. The requirement of affiliation with the party
will be met if the candidate submits at or before the time of certification as
a candidate an application to change party affiliation to that party. The State
Board of Elections shall print names thus certified on the appropriate ballots
as the nominees of the new party. The State Board of Elections shall send to
each county board of elections the list of any new party candidates so that the
county board can add those names to the appropriate ballot."
SECTION 3. G.S. 163‑122(a) reads as rewritten:
"(a) Procedure for Having Name Printed on Ballot as Unaffiliated Candidate. – Any qualified voter who seeks to have his name printed on the general election ballot as an unaffiliated candidate shall:
(1) If the office is a statewide office, file written
petitions with the State Board of Elections supporting his candidacy for a
specified office. These petitions must be filed with the State Board of
Elections on or before 12:00 noon on the last Friday in Junethird
Friday in July preceding the general election and must be signed by
qualified voters of the State equal in number to two percent (2%)one‑quarter
of one percent (0.25%) of the total number of voters who voted in the most
recent general election for Governor.that office. Also, the
petition must be signed by at least 200 registered voters from each of four three
congressional districts in North Carolina. No later than 5:00 p.m. on the
fifteenth day preceding the date the petitions are due to be filed with the
State Board of Elections, each petition shall be presented to the chairman of
the board of elections of the county in which the signatures were obtained.
Provided the petitions are timely submitted, the chairman shall examine the
names on the petition and place a check mark on the petition by the name of
each signer who is qualified and registered to vote in his county and shall
attach to the petition his signed certificate. Said certificates shall state
that the signatures on the petition have been checked against the registration
records and shall indicate the number of signers to be qualified and registered
to vote in his county. The chairman shall return each petition, together with
the certificate required in this section, to the person who presented it to him
for checking. Verification by the chairman of the county board of elections
shall be completed within two weeks from the date such petitions are presented.
(2) If the office is a district office under the
jurisdiction of the State Board of Elections under G.S. 163‑182.4(b),
file written petitions with the State Board of Elections supporting that voter's
candidacy for a specified office. These petitions must be filed with the State
Board of Elections on or before 12:00 noon on the last Friday in Junethird
Friday in July preceding the general election and must be signed by
qualified voters of the district equal in number to four percent (4%)one‑quarter
of one percent (0.25%) of the total number of registered voters in the
district as reflected by the voter registration records of the State Board of
Elections as of January 1 of the year in which the general election is to be
held.who voted in the most recent general election for that office.
Each petition shall be presented to the chairman of the board of elections of
the county in which the signatures were obtained. The chairman shall examine
the names on the petition and the procedure for certification and deadline for
submission to the county board shall be the same as specified in (1) above.
(3) If the office is a county office or a single county
legislative district, file written petitions with the chairman or director of
the county board of elections supporting his candidacy for a specified county
office. These petitions must be filed with the county board of elections on or
before 12:00 noon on the last Friday in Junethird Friday in July
preceding the general election and must be signed by qualified voters of the
county equal in number to four percent (4%)one‑quarter of one
percent (0.25%) of the total number of registered voters in the county
as reflected by the voter registration records of the State Board of Elections
as of January 1 of the year in which the general election is to be held, except
if the office is for a district consisting of less than the entire county and
only the voters in that district vote for that office, the petitions must be
signed by qualified voters of the district equal in number to four percent (4%)
of the total number of voters in the district according to the voter
registration records of the State Board of Elections as of January 1 of the
year in which the general election is to be held.who voted in the most
recent general election for that office. Each petition shall be presented
to the chairman or director of the county board of elections. The chairman
shall examine, or cause to be examined, the names on the petition and the
procedure for certification shall be the same as specified in (1) above.
(4) If the office is a partisan municipal office, file
written petitions with the chairman or director of the county board of
elections in the county wherein the municipality is located supporting his
candidacy for a specified municipal office. These petitions must be filed with
the county board of elections on or before the time and date specified in G.S. 163‑296
and must be signed by the number of qualified voters specified in G.S. 163‑296.subdivision
(3) of this subsection. The procedure for certification shall be the same
as specified in (1) above.
Upon compliance with the provisions of (1), (2), (3), or (4) of this subsection, the board of elections with which the petitions have been timely filed shall cause the unaffiliated candidate's name to be printed on the general election ballots in accordance with Article 14A of this Chapter.
An individual whose name appeared on the ballot in a primary election preliminary to the general election shall not be eligible to have his name placed on the general election ballot as an unaffiliated candidate for the same office in that year."
SECTION 4. G.S. 163‑296 reads as rewritten:
"§ 163‑296. Nomination by petition.
In cities conducting partisan elections, any qualified voter
who seeks to have his name printed on the regular municipal election ballot as
an unaffiliated candidate may shall do so in the manner provided
in G.S. 163‑122, except that the petitions and affidavits shall be
filed not later than 12:00 noon on the Friday preceding the seventh Saturday
before the election, and the petitions shall be signed by a number of
qualified voters of the municipality equal to at least four percent (4%) of the
whole number of voters qualified to vote in the municipal election according to
the voter registration records of the State Board of Elections as of January 1
of the year in which the general municipal election is held.election.
A person whose name appeared on the ballot in a primary election is not
eligible to have his name placed on the regular municipal election ballot as an
unaffiliated candidate for the same office in that year. The Board of
Elections shall examine and verify the signatures on the petition, and shall
certify only the names of signers who are found to be qualified registered
voters in the municipality. Provided that in the case where a qualified voter
seeks to have his name printed on the regular municipal election ballot as an
unaffiliated candidate for election from an election district within the
municipality, the petition shall be signed by four percent (4%) of the voters
qualified to vote for that office."
SECTION 5. This act becomes effective with respect to all primaries and elections held on or after the date this act becomes effective, except that it shall apply to partisan municipal elections held in 2015 only if preclearance is received under section 5 of the Voting Rights Act of 1965 prior to July 1, 2015.
