Bill Text: NC H737 | 2017-2018 | Regular Session | Introduced
Bill Title: Open Primary Act
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-04-13 - Ref To Com On Rules, Calendar, and Operations of the House [H737 Detail]
Download: North_Carolina-2017-H737-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H D
HOUSE BILL DRH10227-LU-30A (01/25)
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Short Title: Open Primary Act. |
(Public) |
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Sponsors: |
Representatives Goodman and Harrison (Primary Sponsors). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to establish open primaries whereby certain candidates are nominated for office by the qualified voters in the state, without regard to the candidate's political party affiliation, and the two candidates receiving the highest number of votes compete for office at the general election and to make various conforming statutory changes.
The General Assembly of North Carolina enacts:
PART I. VOTER‑NOMINATED PRIMARY ELECTIONS
SECTION 1.1. G.S. 163‑1(b), as amended by Section 2 of S.L. 2017‑3, 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 voter‑nominated primary election for
the purpose of nominating candidates for each political party in the
State for those certain offices. For purposes of Subchapters I
through VIII of this Chapter, a "voter‑nominated primary election"
is a primary in which a qualified voter may vote at the primary for any
candidate described in this subsection without regard to the political party
affiliation disclosed by either the candidate or the voter, with the two
candidates receiving the highest vote totals for each of those offices in the
primary election competing for office at the general election. A "voter‑nominated
office" is a congressional or State elective office for which a candidate
may choose to have the candidate's political party affiliation or lack of
political party affiliation indicated on the ballot. The following offices
shall be voter‑nominated offices:
(1) Governor.
(2) Lieutenant Governor.
(3) Secretary of State.
(4) State Treasurer.
(5) Commissioner of Agriculture.
(6) Commissioner of Insurance.
(7) Commissioner of Labor.
(8) Attorney General.
(9) Superintendent of Public Instruction.
(10) State Auditor.
(11) United States Senator.
(12) Member of the United States House of Representatives.
(13) State Senator.
(14) Member of the State House of Representatives.
(15) Justices of the Supreme Court.
(16) Judges of the Court of Appeals.
(17) Judges of the Superior Court.
(18) Judges of the District Court.
(19) District Attorneys.
(b1) Nothing in subsection (b) of this section shall prohibit a political party or political party committee from endorsing, supporting, or opposing a candidate for an office listed in subsection (b) of this section."
SECTION 1.2. G.S. 163‑11 reads as rewritten:
"§ 163‑11. Filling vacancies in the General Assembly.
(a) If a vacancy shall occur
in the General Assembly by death, resignation, or otherwise than by expiration
of term, the Governor shall immediately appoint for the unexpired part of the
term the person recommended by the political party executive committee
provided by this section. The Governor shall make the appointment within seven
days of receiving the recommendation of the appropriate committee. If the
Governor fails to make the appointment within the required period, he shall be
presumed to have made the appointment and the legislative body to which the
appointee was recommended is directed to seat the appointee as a member in good
standing for the duration of the unexpired term.until an election shall
be held to fill the office pursuant to the Governor's powers and duties under G.S. 147‑12.
(b) If the district consists solely of one county
and includes all of that county, the Governor shall appoint the person
recommended by the county executive committee of the political party with which
the vacating member was affiliated when elected, it being the party executive
committee of the county which the vacating member was resident.
(c) If the district consists solely of one county
but includes less than all of the county, the Governor shall appoint the person
recommended by the county executive committee of the political party with which
the vacating member was affiliated when elected, it being the county executive
committee of the county which the vacating member was resident, provided that
in voting only those county executive committee members who reside in the
district shall be eligible to vote.
(d) If the district consists of more than one county,
the Governor shall appoint for the unexpired portion of the term the person
recommended by the State House of Representatives district committee or the
Senatorial district committee of the political party with which the vacating
member was affiliated when elected. In the case where all of a county is
included within a district, the county convention or county executive committee
of that political party shall elect or appoint at least one member from that
county to serve on the State House of Representatives district executive
committee or State Senatorial district executive committee. In the case where
only part of a county is included within a district, the county convention or
county executive committee of that political party shall elect or appoint at
least one member from that county to serve on the State House of
Representatives district committee or the State Senatorial district committee,
but only the delegates to the county convention or the members of the county
executive committee who reside in the district may vote in electing the
district committee member. When the State House of Representatives district
committee or the State Senatorial district committee meets, a member shall be
entitled to cast for his county (or the part of his county within the district)
one vote for each 300 persons or major fraction thereof residing within that county,
or in the case where less than the whole county is in the district one vote for
each 300 persons or major fraction thereof residing in that part of the
district within the county.
A county convention or county
executive committee may elect more than one member to the district committee
but in the event that more than one member is selected from that county, then
each member shall cast an equal share of the votes allotted to the county.
(e) No person is eligible for appointment to fill a vacancy in the Senate or the House of Representatives under this section, unless that person would have been qualified to vote as an elector for that office if an election were to be held on the date of appointment. This section is intended to implement the provisions of Section 8 of Article VI of the Constitution."
SECTION 1.3. G.S. 163‑12 reads as rewritten:
"§ 163‑12. Filling vacancy in United States Senate.
Whenever there shall be a vacancy
in the office of United States Senator from this State, whether caused by
death, resignation, or otherwise than by expiration of term, the Governor shall
appoint to fill the vacancy until an election shall be held to fill the office.
If the Senator was elected as the nominee of a political party, the person
appointed by the Governor shall be a person affiliated with that same political
party. The Governor shall issue a writ for the election of a Senator to be
held at the time of the first election for members of the General Assembly that
is held more than 60 days after the vacancy occurs. The person elected shall
hold the office for the remainder of the unexpired term. The election shall
take effect from the date of the canvassing of the returns."
SECTION 1.4. G.S. 163‑13 reads as rewritten:
"§ 163‑13. Filling vacancy in United States House of Representatives.
(a) Special Election. – If at any time after expiration of any Congress and before another election, or if at any time after an election, there shall be a vacancy in this State's representation in the House of Representatives of the United States Congress, the Governor shall issue a writ of election, and by proclamation fix the date on which an election to fill the vacancy shall be held in the appropriate congressional district.
(b) Nominating Procedures. –
If a congressional vacancy occurs beginning on the tenth day before the
filing period ends under G.S. 163‑106(c) preceding the next succeeding
general election, candidates for the special election to fill the vacancy shall
not be nominated in primaries. Instead, nominations may be made by the
political party congressional district executive committees in the district in
which the vacancy occurs. The chairman and secretary of each political party
congressional district executive committee nominating a candidate shall immediately
certify his name and party affiliation to the State Board of Elections so that
it may be printed on the special election ballots.
If the congressional vacancy
occurs before the tenth day before the filing period ends under G.S. 163‑106(c)
prior to the next succeeding general election, the The Governor shall
call a special primary for the purpose of nominating candidates to be voted on
in a special election called by the Governor in accordance with the provisions
of subsection (a) of this section. Such a primary election shall be conducted
in accordance with the general laws governing primaries, except that the
opening and closing dates for filing notices of candidacy with the State Board
of Elections shall be fixed by the Governor in his call for the special
primary. The Governor may also fix the absentee voting period for the special
election and for the special first primary, but such period shall not be less
than 30 days."
SECTION 1.5. G.S. 163‑59 reads as rewritten:
"§ 163‑59. Right to participate or vote in party primary.
No In political party primary elections only, no person shall be entitled to vote or otherwise participate
in the primary election of any political party unless that person complies with
all of the following:
(1) Is a registered voter.
(2) Has declared and has had recorded on the registration book or record the fact that the voter affiliates with the political party in whose primary the voter proposes to vote or participate.
(3) Is in good faith a member of that party.
Notwithstanding the previous paragraph, any unaffiliated voter who is authorized under G.S. 163‑119 may also vote in the primary if the voter is otherwise eligible to vote in that primary except for subdivisions (2) and (3) of the previous paragraph.
Any person who will become qualified by age to register and vote in the general election for which the primary is held, even though not so qualified by the date of the primary, shall be entitled to register for the primary and general election prior to the primary and then to vote in the primary after being registered. Such person may register not earlier than 60 days nor later than the last day for making application to register under G.S. 163‑82.6(c) prior to the primary. In addition, persons who will become qualified by age to register and vote in the general election for which the primary is held, who do not register during the special period may register to vote after such period as if they were qualified on the basis of age, but until they are qualified by age to vote, they may vote only in primary elections."
SECTION 1.6. G.S. 163‑82.4(c) reads as rewritten:
"(c) Party Affiliation or
Unaffiliated Status. – The application form described in G.S. 163‑82.3(a)
shall provide a place for the applicant to state a preference to be affiliated
with one of the political parties in G.S. 163‑96, or a preference to
be an "unaffiliated" voter. Every person who applies to register
shall state his preference. If the applicant fails to declare a preference for
a party or for unaffiliated status, that person shall be listed as "unaffiliated",
except that if the person is already registered to vote in the county and that
person's registration already contains a party affiliation, the county board
shall not change the registrant's status to "unaffiliated" unless the
registrant clearly indicates a desire in accordance with G.S. 163‑82.17
for such a change. An unaffiliated registrant shall not be eligible to vote in
any political party primary, except as provided in G.S. 163‑119, but
may vote in any other primary primary, including a voter‑nominated
primary, or general election. The application form shall so state."
SECTION 1.7. G.S. 163‑106, as amended by Section 21(a) of S.L. 2016‑125 and Section 5 of S.L. 2017‑3, reads as rewritten:
"§ 163‑106. Notices of candidacy;candidacy
for party primary and voter‑nominated primary; pledge; with whom
filed; date for filing; withdrawal.
(a) Notice and Pledge. – No one shall be voted for in a primary election without having filed a notice of candidacy with the appropriate board of elections, State or county, as required by this section. To this end every candidate for selection as the nominee of a political party shall file with and place in the possession of the board of elections specified in subsection (c) of this section, a notice and pledge in the following form:
Date __________
I hereby file notice as a candidate for nomination as ____________ in the __________ party primary election to be held on ________, ______ I affiliate with the __________ party, (and I certify that I am now registered on the registration records of the precinct in which I reside as an affiliate of the ____________ party.)
I pledge that if I am defeated in the primary, I will not run for the same office as a write‑in candidate in the next general election.
Signed ____________________
(Name of Candidate)
Witness:
____________________
____________________
(Title of witness)
Every candidate for nomination as voter‑nominated candidate shall file with and place in the possession of the board of elections specified in subsection (c) of this section a notice and pledge in the following form:
Date __________
I hereby file notice as a voter‑nominated candidate for nomination as ____________ in the primary election to be held on ________, ______ I certify that I am seeking office as a voter‑nominated candidate irrespective of my political party affiliation.
I pledge that if I am defeated in the primary, I will not run for the same office as a write‑in candidate in the next general election.
Signed ____________________
(Name of Candidate)
Witness:
____________________
____________________
(Title of witness)
Each candidate shall sign the notice of candidacy in the presence of the chairman or secretary of the board of elections, State or county, with which the candidate files. In the alternative, a candidate may have the candidate's signature on the notice of candidacy acknowledged and certified to by an officer authorized to take acknowledgments and administer oaths, in which case the candidate may mail or deliver by commercial courier service the candidate's notice of candidacy to the appropriate board of elections.
In signing the notice of candidacy the candidate shall use only that candidate's legal name and may use any nickname by which he is commonly known. A candidate may also, in lieu of that candidate's legal first name and legal middle initial or middle name (if any) sign a nickname, provided that the candidate appends to the notice of candidacy an affidavit that the candidate has been commonly known by that nickname for at least five years prior to the date of making the affidavit. The candidate shall also include with the affidavit the way that candidate's name (as permitted by law) should be listed on the ballot if another candidate with the same last name files a notice of candidacy for that office.
A notice of candidacy signed by an agent or any person other than the candidate shall be invalid.
Prior to the date on which candidates may commence filing, the State Board of Elections shall print and furnish, at State expense, to each county board of elections a sufficient number of the notice of candidacy forms prescribed by this subsection for use by candidates required to file with county boards of elections.
…
(b) Eligibility to File. –
No person shall be permitted to file as a candidate in a party primary
unless that person has been affiliated with that the candidate's
political party for at least 90 days as of the date of that person filing
such notice of candidacy. A person registered as "unaffiliated" shall
be ineligible to file as a candidate in a party primary election. This
section shall not apply to individuals seeking office as voter‑nominated
candidates.
(c) Time for Filing Notice
of Candidacy. – Candidates seeking party primary nominationsoffice in
a voter‑nominated primary election 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 court
Judges of the district court
United States Senators
Members of the House of Representatives of the United States
District attorneys
Candidates seeking office in a voter‑nominated primary election or, in the case of a county office, 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.
…
(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, stating the preference for designating
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.section,
when applicable to that office. 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 1.8. G.S. 163‑107.1, as amended by Section 21(c) of S.L. 2016‑125 and Section 7 of S.L. 2017‑3, reads as rewritten:
"§ 163‑107.1. Petition in lieu of payment of filing fee.
(a) Any qualified voter who
seeks office in a voter‑nominated primary or nomination in the
party primary of the political party with which he affiliates affiliates,
when applicable, may, in lieu of payment of any filing fee required for the
office he seeks, file a written petition requesting him to be a candidate for a
specified office with the appropriate board of elections, State, county or
municipal.
(b) If the candidate is
seeking the office of United States Senator, Governor, Lieutenant Governor, any
State executive officer, Justice of the Supreme Court, or Judge of the Court of
Appeals, 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 five percent (5%) 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
8,000 registered voters regardless of the voter's political party affiliation,
whichever requirement is greater.affiliation. 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.
(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), 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 If
the office the candidate is seeking is a voter‑nominated office, the petition
shall be signed by five percent (5%) of the registered voters of the election
area in which the office will be voted for,for. If the office the
candidate is seeking is a party primary office, the petition shall be signed by
five percent (5%) 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.
(d) Nonpartisan Primaries and Elections. – Any qualified voter who seeks to be a candidate in any nonpartisan primary or election may, in lieu of payment of the filing fee required, file a written petition signed by five percent (5%) of the registered voters in the election area in which the office will be voted for with the appropriate board of elections. Any qualified voter may sign the petition. The petition shall state the candidate's name, address and the office which he is seeking. The petition must be filed with the appropriate board of elections no later than 60 days prior to the filing deadline for the primary or election, and if found to be sufficient, the candidate's name shall be printed on the ballot."
SECTION 1.9. G.S. 163‑108(a) reads as rewritten:
"(a) Within three days
after the time for filing notices of candidacy with the State Board of
Elections under the provisions of G.S. 163‑106(c) has expired, the
chairman or secretary of that Board shall certify to the Secretary of State the
name, address, and party affiliation affiliation, if the candidate
has a preference for party affiliation, when applicable, of each person who
has filed with the State Board of Elections, indicating in each instance the
office sought."
SECTION 1.10. G.S. 163‑110 reads as rewritten:
"§ 163‑110. Candidates declared nominees without primary.
If a nominee for a single office is
to be selected and only one candidate of a political partyfiles for that
office, whether in a voter‑nominated primary, party primary, or
nonpartisan primary, or if nominees for two or more offices (constituting a
group) are to be selected, and only the number of candidates equal to the
number of the positions to be filled file for a political party for said
offices, whether in a voter‑nominated primary, party primary, or
nonpartisan primary, then the appropriate board of elections shall, upon
the expiration of the filing period for said office, declare such persons as
the nominees or nominee of that party, for that office, and the
names shall not be printed on the primary ballot, but shall be printed on the
general election ballot as candidate for that political party for that
office. For the following offices, this declaration shall be made by the county
board of elections with which the aspirant filed notice of candidacy: All
county offices, State Senators in single‑county senatorial districts, and
members of the State House of Representatives in single‑county
representative districts. For all other offices, this declaration shall be made
by the State Board of Elections."
SECTION 1.11. G.S. 163‑111, as amended by Section 21(d) of S.L. 2016‑125 and Section 8 of S.L. 2017‑3, reads as rewritten:
"§ 163‑111. Determination of primary results;
second primaries.results.
(a) Nomination Determined
by Substantial Plurality; Definition of Substantial Plurality.General; Primary
Election Method. – Except as otherwise provided in this section, nominations
in primary elections shall be determined by a substantial plurality of the votes
cast. A substantial plurality within the meaning of this section shall be
determined as follows:
(1) If a nominee for a single office is to be
selected, and there is more than one person seeking nomination, the substantial
plurality shall be ascertained by multiplying the total vote cast for all
aspirants by forty percent (40%). Any excess of the sum so ascertained shall be
a substantial plurality, and the aspirant who obtains a substantial plurality
shall be declared the nominee. If two candidates receive a substantial
plurality, the candidate receiving the highest vote shall be declared the
nominee.
(2) If nominees for two or more offices
(constituting a group) are to be selected, and there are more persons seeking
nomination than there are offices, the substantial plurality shall be
ascertained by dividing the total vote cast for all aspirants by the number of
positions to be filled, and by multiplying the result by forty percent (40%).
Any excess of the sum so ascertained shall be a substantial plurality, and the
aspirants who obtain a substantial plurality shall be declared the nominees. If
more candidates obtain a substantial plurality than there are positions to be
filled, those having the highest vote (equal to the number of positions to be
filled) shall be declared the nominees.For voter‑nominated offices
described in G.S. 163‑1(b), there shall be a primary to narrow the
field of candidates to two candidates for each position to be filled if, when
the filing period closes, there are more than two candidates for a single
office or the number of candidates for a group of offices exceeds twice the
number of positions to be filled. If only one or two candidates file for a
single office, no primary shall be held for that office and the candidates shall
be declared nominated. If the number of candidates for a group of offices does
not exceed twice the number of positions to be filled, no primary shall be held
for those offices and the candidates shall be declared nominated.
(a1) Determination of Nominees. – In the primary, the two candidates for a single office receiving the highest number of votes, and those candidates for a group of offices receiving the highest number of votes, equal to twice the number of positions to be filled, shall be declared nominated. If two or more candidates receiving the highest number of votes each receive the same number of votes, the State Board of Elections shall determine their relative ranking by lot and shall declare the nominees accordingly. The canvass of the primary shall be held on the same date as the primary canvass fixed under G.S. 163‑182.5. The canvass shall be conducted in accordance with Article 15A of this Chapter.
(a2) Determination of Election Winners. – In the general election, the names of those candidates declared nominated without a primary and those candidates nominated in the primary shall be placed on the ballot. The candidate for a single office receiving the highest number of votes shall be elected. Those candidates for a group of offices receiving the highest number of votes, equal in number to the number of positions to be filled, shall be elected. If two candidates receiving the highest number of votes each received the same number of votes, the State Board of Elections shall determine the winner by lot.
(a3) This section prevails over any local act.
(b) Right to Demand Second Primary. – If an
insufficient number of aspirants receive a substantial plurality of the votes
cast for a given office or group of offices in a primary, a second primary,
subject to the conditions specified in this section, shall be held:
(1) If a nominee for a single office is to be
selected and no aspirant receives a substantial plurality of the votes cast,
the aspirant receiving the highest number of votes shall be declared nominated
by the appropriate board of elections unless the aspirant receiving the second
highest number of votes shall request a second primary in accordance with the
provisions of subsection (c) of this section. In the second primary only the
two aspirants who received the highest and next highest number of votes shall
be voted for.
(2) If nominees for two or more offices
(constituting a group) are to be selected and aspirants for some or all of the
positions within the group do not receive a substantial plurality of the votes,
those candidates equal in number to the positions remaining to be filled and
having the highest number of votes shall be declared the nominees unless some
one or all of the aspirants equal in number to the positions remaining to be
filled and having the second highest number of votes shall request a second
primary in accordance with the provisions of subsection (c) of this section. In
the second primary to select nominees for the positions in the group remaining
to be filled, the names of all those candidates receiving the highest number of
votes and all those receiving the second highest number of votes and demanding
a second primary shall be printed on the ballot.
(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 the candidate to exercise any options available to the
candidate 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.
(2) 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 chairman or director of the county 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 county board of
elections:
State Senators in single‑county
senatorial districts,
Members of the State House of
Representatives in single‑county representative districts, and
All county officers.
(3) Immediately upon receipt of a request for a
second primary the appropriate board of elections, State or county, shall
notify all candidates entitled to participate in the second primary, by
telephone followed by written notice, that a second primary has been requested
and of the date of the second primary.
(d) Tie Votes; How Determined. –
(1) In the event of a tie for the highest number of
votes in a first primary between two candidates for party nomination for a
single county, or single‑county legislative district office, the board of
elections of the county in which the two candidates were voted for shall
conduct a recount and declare the results. If the recount shows a tie vote, a
second primary shall be held on the date prescribed in subsection (e) of this
section between the two candidates having an equal vote, unless one of the
aspirants, within three days after the result of the recount has been
officially declared, files a written notice of withdrawal with the board of
elections with which he filed notice of candidacy. Should that be done, the
remaining aspirant shall be declared the nominee. In the event of a tie for the
highest number of votes in a first primary among more than two candidates for
party nomination for one of the offices mentioned in this subdivision, no
recount shall be held, but all of the tied candidates shall be entered in a
second primary.
(2) In the event of a tie for the highest number of
votes in a first primary between two candidates for a State office, for United
States Senator, or for any district office (including State Senator in a multi‑county
senatorial district and member of the State House of Representatives in a multi‑county
representative district), no recount shall be held solely by reason of the tie,
but the two candidates having an equal vote shall be entered in a second
primary to be held on the date prescribed in subsection (e) of this section,
unless one of the two candidates files a written notice of withdrawal with the
State Board of Elections within three days after the result of the first primary
has been officially declared and published. Should that be done, the remaining
aspirant shall be declared the nominee. In the event of a tie for the highest
number of votes in a first primary among more than two candidates for party
nomination for one of the offices mentioned in this subdivision, no recount
shall be held, but all of the tied candidates shall be entered in a second
primary.
(3) In the event one candidate receives the highest
number of votes cast in a first primary, but short of a substantial plurality,
and two or more of the other candidates receive the second highest number of
votes cast in an equal number, the proper board of elections shall declare the
candidate having the highest vote to be the party nominee, unless all but one of
the tied candidates give written notice of withdrawal to the proper board of
elections within three days after the result of the first primary has been
officially declared. If all but one of the tied candidates withdraw within the
prescribed three‑day period, and the remaining candidate demands a second
primary in accordance with the provisions of subsection (c) of this section, a
second primary shall be held between the candidate who received the highest
vote and the remaining candidate who received the second highest vote.
(e) Date of Second Primary; Procedures. – If a
second primary is required under the provisions of this section, the
appropriate board of elections, State or county, shall order that it be held 10
weeks after the first primary if any of the offices for which a second primary
is required are for a candidate for the office of United States Senate or
member of the United States House of Representatives. Otherwise, the second
primary shall be held seven weeks after the first primary.
There shall be no registration
of voters between the dates of the first and second primaries. Persons whose
qualifications to register and vote mature after the day of the first primary
and before the day of the second primary may register on the day of the second
primary and, when thus registered, shall be entitled to vote in the second
primary. The second primary is a continuation of the first primary and any
voter who files a proper and timely written affirmation of change of address
within the county under the provisions of G.S. 163‑82.15, in the first
primary may vote in the second primary without having to refile that written
affirmation if the voter is otherwise qualified to vote in the second primary.
Subject to this provision for registration, the second primary shall be held
under the laws, rules, and regulations provided for the first primary.
(f) No Third Primary Permitted. – In no case shall
there be a third primary. The candidates receiving the highest number of votes
in the second primary shall be nominated. If in a second primary there is a tie
for the highest number of votes between two candidates, the proper party
executive committee shall select the party nominee for the office in accordance
with the provisions of G.S. 163‑114."
SECTION 1.12. G.S. 163‑112 reads as rewritten:
"§ 163‑112. Death of candidate before primary; vacancy in single office.
(a) Death of One of Two
Candidates within 30 Days after the Filing Period Closes. – If at the time the
filing period closes, only two persons have filed notice of candidacy for
nomination by a political party to a single office, and one of the
candidates dies within 30 days after the filing period closes, then the proper
board of elections shall, upon notice of the death, reopen the filing period
for that party contest, for an additional three days. Should no
candidate file during the three days, the board of elections shall certify the
remaining candidate as the nominee of his party as provided in G.S. 163‑110.
(b) Death of One of More
Than Two Candidates within 30 Days after the Filing Period Closes. – If at the
close of the filing period more than two candidates have filed for a single‑seat
office, and within 30 days after the filing period closes the board of
elections receives notice of a candidate's death, the board shall immediately
open the filing period for that party contest, for three additional days
in order for candidates to file for that office. The name of the deceased
candidate shall not be printed on the ballot.
In the event a candidate's death
occurs more than 30 days after the closing of the original filing period, the
names of the remaining candidates shall be printed on the ballot. If the
ballots have been printed at the time death occurs, the ballots shall not be
reprinted and any votes cast for a deceased candidate shall not be counted or
considered for any purpose. In the event the death of a candidate or candidates
leaves only one candidate, then such candidate shall be certified as the party's
nominee for that office.
(c) Vacancy in Group Offices
within 30 Days after the Filing Period Closes. – If at the time the filing
period closes more persons have filed notice of candidacy for nomination by
a political party to an office constituting a group than there are
positions to be filled, and a candidate or candidates die within 30 days after
the filing period closes, and there remains only the number of candidates equal
to or fewer than the number of positions to be filled, the appropriate board of
elections shall reopen the filing period for that party contest, for
three days for that office. Should no persons file during the three‑day
period, then those candidates already filed shall be certified as the party nominees
for that office.
(d) Vacancy in Group Offices More Than 30 Days after the Filing Period Closes. – In the event a candidate or candidates death occurs more than 30 days after the original filing period closes for an office constituting a group, then regardless of the number of candidates filed for nomination, the board of elections shall be governed as follows:
(1) If the ballots have not been printed at the time the board of elections receives notice of the death, the deceased candidate's name shall not be printed on the ballot.
(2) If the ballots have been printed at the time the board of elections receives notice of the death, the ballots shall not be reprinted but votes cast for the deceased candidate shall not be counted for any purpose.
(3) In the event the death of
a candidate or candidates results in the number of candidates being equal to or
less than the number of positions to be filled for that office, then the
remaining candidates shall be certified as the party nominees for
that office and no primary shall be held for that office.
(4) If death or
disqualification of candidates results in the number of candidates being less
than the number of positions to be filled for that office, then the
appropriate party executive committee shall,positions shall be filled
in accordance with G.S. 163‑114, make nominations of persons
equal to the number of positions to be filledG.S. 163‑114
and no primary shall be held and those names shall be printed on the general
election ballot."
SECTION 1.13. G.S. 163‑113 reads as rewritten:
"§ 163‑113. Nominee's right to withdraw as candidate.
A person who has been declared the
nominee of a political party for a specified office under the provisions
of G.S. 163‑182.15 or G.S. 163‑110, shall not be
permitted to resign as a candidate unless, prior to the first day on which
military and overseas absentee ballots are transmitted to voters under Article
21A of this Chapter, that [the]the person submits to the board of
elections which certified the nomination a written request that person be
permitted to withdraw."
SECTION 1.14. G.S. 163‑114, as amended by Section 9 of S.L. 2017‑3, reads as rewritten:
"§ 163‑114. Filling vacancies among party nominees
occurring after nomination and before election.
Except as otherwise provided, if any voter‑nominated candidate for one of the offices listed in G.S. 163‑1(b), either in a primary 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 the Governor pursuant to powers enumerated under G.S. 147‑12(a)(3). 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,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 of political
single‑county
judicial district party in which vacancy
occurs;
where
the district is the whole provided, in the case
of a superior court
county
or part of the county 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 executive committee of
multicounty
judicial 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 1.15. G.S. 163‑115 reads as rewritten:
"§ 163‑115. Special provisions for obtaining nominations when vacancies occur in certain offices.
…
(c) If a vacancy occurs in
an elective State or district office (other than member of the United States
House of Representatives) during the period opening 10 days before the filing
period for the office ends and closing 30 days before the ensuing general election,
a nomination shall be made by the proper executive committee of each
political party as provided in G.S. 163‑114, and the names of
the nominees shall be printed on the general election ballots.
…
(e) If a vacancy occurs in the office of United States Senator, and the vacancy occurs:
(1) Beginning on the tenth
day before the filing period ends under G.S. 163‑106(c), a
nomination shall be made by the State executive committee of each political
partyas provided in G.S. 163‑114 and the names of the
nominees shall be printed on the general election ballots.
(2) Prior to the tenth day before the filing period ends under G.S. 163‑106(c), nominations shall be made by primary election as provided by this Article."
SECTION 1.16. G.S. 163‑119 is repealed.
SECTION 1.17. The catch line for G.S. 163‑123 reads as rewritten:
"§ 163‑123. Declaration of intent and petitions for
write‑in candidates in partisan elections."
SECTION 1.18. G.S. 163‑165.6 reads as rewritten:
"§ 163‑165.6. Arrangement of official ballots.
…
(b) Order of Precedence for Candidate Ballot Items. – The State Board of Elections shall promulgate rules prescribing the order of offices to be voted on the official ballot. Those rules shall adhere to the following guidelines:
(1) Federal offices shall be listed before State and local offices. Member of the United States House of Representatives shall be listed immediately after United States Senator.
(2) State and local offices shall be listed according to the size of the electorate.
(3) Partisan Voter‑nominated
offices as listed under G.S. 163‑1(b) shall be listed before
partisan offices, and partisan offices, regardless of the size of the
constituency, shall be listed before nonpartisan offices.
(4) When offices are in the same class, they shall be listed in alphabetical order by office name, or in numerical or alphabetical order by district name. Governor and Lieutenant Governor, in that order, shall be listed before other Council of State offices. Mayor shall be listed before other citywide offices. Chair of a board, where elected separately, shall be listed before other board seats having the same electorate. Chief Justice shall be listed before Associate Justices.
(5) Ballot items for full terms of an office shall be listed before ballot items for partial terms of the same office.
(6) Ballot items for retention elections held under Article 1A of Chapter 7A of the General Statutes shall be grouped with like State offices, but shall be listed after offices for which an election is conducted under Article 25 of this Chapter.
(c) Order of Candidates on
Primary and Nonpartisan Official Ballots. – The order in which candidates shall
appear on a county's official ballots in any (i) primary ballot item,
whether the primary is partisan or nonpartisan, and (ii) in any nonpartisan
general election ballot item under Article 25 of this Chapterprimary
ballot item shall be determined by the county board of elections using a
process designed by the State Board of Elections for random selection. The same
random selection process shall be used for all primaries and elections in a
calendar year.
(d) Order of Party Candidates on General Election Official Ballot. – Candidates in any ballot item on a general election official ballot shall appear in the following order:
(1) Nominees of political
parties that reflect at least five percent (5%) of statewide voter
registration, according to the most recent statistical report published by the
State Board of Elections, in alphabetical order by party beginning with the
party whose nominee for Governor received the most votes in the most recent
gubernatorial election, and in alphabetical order within the party.
(1a) Voter‑nominated candidates, in alphabetical order by order of precedence pursuant to subsection (b) of this section.
(2) Nominees of other political parties, in alphabetical order by party and in alphabetical order within the party.
(3) Unaffiliated candidates, in alphabetical order.
(d1) Order of Candidates for Judge of the Court of
Appeals on General Election Official Ballot. – Candidates for judge of the
Court of Appeals on a general election official ballot shall appear in the
following order:
(1) Candidates registered with political parties
that reflect at least five percent (5%) of statewide voter registration,
according to the most recent statistical report published by the State Board of
Elections, in alphabetical order by party beginning with the party whose
nominee for Governor received the most votes in the most recent gubernatorial
election and in alphabetical order within the party.
(2) Candidates registered with other political
parties, in alphabetical order by party and in alphabetical order within the
party.
(3) Unaffiliated candidates, in alphabetical order.
…."
SECTION 1.19. G.S. 163‑226.1 reads as rewritten:
"§ 163‑226.1. Absentee voting in primary.
A qualified voter may vote by
absentee ballot in a partisan primary provided the qualified voter is
affiliated, at the time the qualified voter makes application for absentee
ballots, with the political party in whose primary the qualified voter wishes
to vote, except that an unaffiliated voter may vote in a party primary if
permitted under G.S. 163‑119. The official registration records of the
county in which the voter is registered shall be proof of whether the qualified
voter is affiliated with a political party and of the party, if any, with which
the qualified voter is affiliated.primary as permitted under this
Chapter."
SECTION 1.20. G.S. 163‑227.2(b) reads as rewritten:
"(b) Not earlier than the
second Thursday before an election, in which absentee ballots are authorized,
in which a voter seeks to vote and not later than 1:00 P.M. on the last
Saturday before that election, the voter shall appear in person only at the
office of the county board of elections, except as provided in subsection (g)
of this section. A county board of elections shall conduct one‑stop
voting on the last Saturday before the election until 1:00 P.M. That voter
shall enter the voting enclosure at the board office through the appropriate
entrance and shall at once state his or her name and place of residence to an
authorized member or employee of the board and present photo identification in
accordance with G.S. 163‑166.13. In a primary election, the voter shall
also state the political party with which the voter affiliates and in whose
primary the voter desires to vote, or ifor that the voter is an
unaffiliated voter permitted to vote in the primary of a particular party
under G.S. 163‑119, the voter shall state the name of the authorizing
political party in whose primary he wishes to vote.voter. The board
member or employee to whom the voter gives this information shall announce the
name and residence of the voter in a distinct tone of voice. After examining
the registration records, an employee of the board shall state whether the
person seeking to vote is duly registered. If the voter is found to be
registered that voter may request that the authorized member or employee of the
board furnish the voter with an application form as specified in G.S. 163‑227.form.
The voter shall complete the application in the presence of the authorized
member or employee of the board, and shall deliver the application to that
person."
PART II. CONFORMING STATUTORY CHANGES
SECTION 2.1. G.S. 18C‑112(e) reads as rewritten:
"(e) If any member takes any of the following actions, the member vacates office as a member of the Commission and the vacancy shall be filled as provided by G.S. 18C‑111(c):
(1) Files a notice of candidacy under G.S. 163‑106 or G.S. 163‑323 or a petition under G.S. 163‑107.1 or G.S. 163‑325.
(2) Is nominated to fill a
vacancy among party nominees under G.S. 163‑114 or G.S. 163‑115.
(3) Files a petition as an unaffiliated candidate under G.S. 163‑122.
(4) Files a declaration of intent as a write‑in candidate under G.S. 163‑123.
(5) Is nominated by party convention under G.S. 163‑98."
SECTION 2.2. G.S. 160A‑23.1(d) reads as rewritten:
"(d) If the council adopts the resolution provided for in subsection (a) of this section and does not adopt the changes, or does adopt the changes, but approval under the Voting Rights Act of 1965, as amended, is required, and notice of such approval is not received, by the end of the third day before the opening of the filing period, the municipal election shall be rescheduled as provided in this subsection and current officeholders shall hold over until their successors are elected and qualified. For cities using the:
(1) Partisan primary and election
method under G.S. 163‑291, the primary shall be held on the primary
election date for county officers in the second year following a federal
decennial census, the second primary, if necessary, shall be held on the
second primary election date for county officers in that year, and the
general election shall be held on the general election date for county officers
in that year.
(2) Nonpartisan primary and
election method under G.S. 163‑294, the primary shall be held on the
primary election date for county officers in the second year following a
federal decennial census, and the election shall be held on the general
election date for the second primary for county officers in that
year.
(3) Nonpartisan plurality election method under G.S. 163‑292, the election shall be held on the primary election date for county officers in the second year following a federal decennial census.
(4) Election and runoff
method under G.S. 163‑293, the election shall be held on the primary
election date for county officers in the second year following a federal
decennial census, and the runoffs, if necessary, shall be held on the date
for the second primary for county officers in that year.but the results
shall instead be determined by the nonpartisan plurality election method under G.S. 163‑292.
The organizational meeting of the new council may be held at any time after the results of the election have been officially determined and published, but not later than the time and date of the first regular meeting of the council in November of the second year following a federal decennial census, except in the case of partisan municipal elections, when the organizational meeting shall be held not later than the time and date of the first regular meeting of the council in December of the second year following a federal decennial census."
SECTION 2.3. G.S. 163‑55(c) reads as rewritten:
"(c) Elections. – For
purposes of the 30‑day residence requirement to vote in an election in
subsection (a) of this section, the term "election" means the day of
the primary, second primary, general election, special election, or
referendum."
SECTION 2.4. G.S. 163‑82.6(d) reads as rewritten:
"(d) Instances When Person May Register and Vote on Primary or Election Day. – If a person has become qualified to register and vote between the twenty‑fifth day before a primary or election and primary or election day, then that person may apply to register on primary or election day by submitting an application form described in G.S. 163‑82.3(a) or (b) to:
(1) A member of the county board of elections;
(2) The county director of elections; or
(3) The chief judge or a judge of the precinct in which the person is eligible to vote,
and, if the application is approved,
that person may vote the same day. The official in subdivisions (1) through (3)
of this subsection to whom the application is submitted shall decide whether
the applicant is eligible to vote. The applicant shall present to the official
written or documentary evidence that the applicant is the person he represents
himself to be. The official, if in doubt as to the right of the applicant to
register, may require other evidence satisfactory to that official as to the
applicant's qualifications. If the official determines that the person is
eligible, the person shall be permitted to vote in the primary or election and
the county board shall add the person's name to the list of registered voters.
If the official denies the application, the person shall be permitted to vote a
challenged ballot under the provisions of G.S. 163‑88.1, and may
appeal the denial to the full county board of elections. The State Board of
Elections shall promulgate rules for the county boards of elections to follow
in hearing appeals for denial of primary or election day applications to register.
No person shall be permitted to register on the day of a second primary unless
he shall have become qualified to register and vote between the date of the
first primary and the date of the succeeding second primary."
SECTION 2.5. G.S. 163‑82.17(a) reads as rewritten:
"(a) Registrant's Duty to
Report. – Any registrant who desires to have the record of his party
affiliation or unaffiliated status changed on the registration list shall, no
later than the last day for making application to register under G.S. 163‑82.6
before the election, indicate the change on an application form as described in
G.S. 163‑82.3 or on a voter registration card described in G.S. 163‑82.8.
No registrant shall be permitted to change party affiliation or unaffiliated status
for a primary, second primary, primary or special or general
election after the deadline for registration applications for that election as
set out in G.S. 163‑82.6."
SECTION 2.6. G.S. 163‑226(c) reads as rewritten:
"(c) The Term "Election".
– As used in this Subchapter, unless the context clearly requires otherwise,
the term "election" includes a general, primary, second primary, runoff
election, bond election, referendum, or special election."
SECTION 2.7. G.S. 163‑227.1 is repealed.
SECTION 2.8. G.S. 163‑227.3(b) is repealed.
SECTION 2.9. G.S. 163‑258.9(a) reads as rewritten:
"(a) Not later than 60
days before the statewide general election in even‑numbered years and not
later than 50 days before any other election, the county board of elections
shall transmit a ballot and balloting materials to all covered voters who by
that date submit a valid military‑overseas ballot application, except
for a second primary.application. Provided, in a presidential
election year, the board of elections shall provide general election ballots no
later than three days after nomination of the presidential and vice
presidential candidates if that nomination occurs later than 63 days prior to
the statewide general election and makes compliance with the 60‑day
deadline impossible. However, in the case of municipal elections, absentee
ballots shall be made available no later than 30 days before an election. For
a second primary which includes a candidate for federal office, the county
board of elections shall transmit a ballot and balloting material to all
covered voters who by that date submit a valid military‑overseas ballot
application no later than 45 days before the second primary. For a second
primary which does not include a candidate for federal office, the transmission
of the ballot and ballot materials shall be as soon as practicable and shall be
transmitted electronically no later than three business days and by mail no
later than 15 days from the date the appropriate board of elections orders that
the second primary be held pursuant to G.S. 163‑111. If
additional offices are added to the ballot to fill a vacancy occurring after
the deadline provided by this subsection, those ballots shall be transmitted as
soon as practicable."
SECTION 2.10. G.S. 163‑258.16(a) reads as rewritten:
"(a) Not later than 100
days before a regularly scheduled election to which this Article applies, and
as soon as practicable in the case of an election or vacancy election not
regularly scheduled, each county board of elections shall prepare an election
notice for that jurisdiction to be used in conjunction with the federal write‑in
absentee ballot described in G.S. 163‑258.11. For a second
primary required by G.S. 163‑111, the county board of elections
shall prepare, no later than the day following the date the appropriate board
of elections orders that a second primary be held, an election notice for that
jurisdiction to be used in conjunction with the federal write‑in absentee
ballot. The election notice shall contain a list of all of the ballot
measures and federal, State, and local offices that, as of that date, the
official expects to be on the ballot on the date of the election. The notice
also shall contain specific instructions for how a voter is to indicate on the
federal write‑in absentee ballot the voter's choice for each office to be
filled and for each ballot measure to be contested."
SECTION 2.11. G.S. 163‑258.29 reads as rewritten:
"§ 163‑258.29. Absentee voting at office of board of elections.
Notwithstanding any other provisions of this Chapter, any covered voter under this Article shall be permitted to vote an absentee ballot pursuant to G.S. 163‑227.2 if the covered voter has not already voted an absentee ballot which has been returned to the board of elections, and if the covered voter will not be in the county on the day of the primary or election.
In the event an absentee
application or ballot has already been mailed to the covered voter applying to
vote pursuant to G.S. 163‑227.2, the board of elections shall void
the application and ballot unless the voted absentee ballot has been received
by the board of elections. The covered voter shall be eligible to vote pursuant
to G.S. 163‑227.2 no later than 5:00 P.M. on the day next preceding
the primary, second primary or election."
SECTION 2.12. G.S. 163‑278.6(8) reads as rewritten:
"§ 163‑278.6. Definitions.
When used in this Article:
…
(8) The term "election"
means any general or special election, a first or second primary,
a run‑off election, or an election to fill a vacancy. The term "election"
shall not include any local or statewide referendum."
SECTION 2.13. G.S. 163‑278.13(d) reads as rewritten:
"(d) For the purposes of
this section, the term "an election" means the period of time from
January 1 of an odd‑numbered year through the day of the primary, the
day after the primary through the day of the second primary,primary
or the day after the primary through December 31 of the next even‑numbered
year, without regard to whether the candidate is opposed or unopposed in the election,
except that where a candidate is not on the ballot in a second primary, that
second primary is not "an election" with respect to that candidate.election."
SECTION 2.14. G.S. 163‑278.13B(d) is repealed.
SECTION 2.15. G.S. 163‑278.40B(2) reads as rewritten:
"§ 163‑278.40B. Campaign report; partisan election.
In any city election conducted on a partisan basis in accordance with G.S. 163‑279(a)(2) and 163‑291, the following reports shall be filed in addition to the organizational report:
…
(2) Pre‑election
Report. – The treasurer shall file a report 10 days before the election,
unless a second primary is held and the candidate appeared on the ballot in the
second primary, in which case the report shall be filed 10 days before the
second primary.election."
PART III. EFFECTIVE DATE
SECTION 3. This act is effective when it becomes law and applies to primaries and elections held on or after January 1, 2018.
