North Carolina § 163-1 - Time of regular elections and primaries.

§ 163-1. Time of regular elections and primaries.

Unless otherwise provided by law, elections for the officers listed in the tabulation contained in this section shall be conducted in all election precincts of the territorial units specified in the column headed "Jurisdiction" on the dates indicated in the column headed "Date of Election." Unless otherwise provided by law, officers shall serve for the terms specified in the column headed "Term of Office." On Tuesday next after the first Monday in March 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. On Tuesday next after the first Monday in November in the year 1968, and every four years thereafter, or on such days as the Congress of the United States shall direct, an election shall be held in all of the election precincts of the State for the election of electors of President and Vice-President of the United States. The number of electors to be chosen shall be equal to the number of Senators and Representatives in Congress to which this State may be entitled. Presidential electors shall not be nominated by primary election; instead, they shall be nominated in a State convention of each political party as defined in G.S. 163-96 unless otherwise provided by the plan of organization of the political party; provided, that in the case of a candidate for President of the United States who has qualified to have his name printed on the general election ballot as an unaffiliated candidate under G.S. 163-122, that candidate shall nominate presidential electors. One presidential elector shall be nominated from each congressional district and two from the state-at-large, and in addition, the State convention of each party and the unaffiliated candidate shall each nominate first and second alternate electors who shall serve if their slate is elected as provided by G.S. 163-209 and if there is a vacancy as provided by G.S. 163-210. If primaries for the State Senate or State House of Representatives are temporarily moved from the date provided in subsection (b) of this section for any election year, all primaries shall be held on the same day. OFFICE JURISDICTION DATE OF ELECTION TERM OF OFFICE Governor State Tuesday next after the first Monday in November 1968 and every four years thereafter Four years, from first day of January next after election Lieutenant Governor State Tuesday next after the first Monday in November 1968 and every four years thereafter Four years, from first day of January next after election Secretary of State State Tuesday next after the first Monday in November 1968 and every four years thereafter Four years, from first day of January next after election Auditor State Tuesday next after the first Monday in November 1968 and every four years thereafter Four years, from first day of January next after election Treasurer State Tuesday next after the first Monday in November 1968 and every four years thereafter Four years, from first day of January next after election Superintendent of Public Instruction State Tuesday next after the first Monday in November 1968 and every four years thereafter Four years, from first day of January next after election Attorney General State Tuesday next after the first Monday in November 1968 and every four years thereafter Four years, from first day of January next after election Commissioner of Agriculture State Tuesday next after the first Monday in November 1968 and every four years thereafter Four years, from first day of January next after election Commissioner of Labor State Tuesday next after the first Monday in November 1968 and every four years thereafter Four years, from first day of January next after election Commissioner of Insurance State Tuesday next after the first Monday in November 1968 and every four years thereafter Four years, from first day of January next after election All other State officers whose terms last for four years State Tuesday next after the first Monday in November 1968 and every four years thereafter Four years, from first day of January next after election All other State officers whose terms are not specified by law State Tuesday next after the first Monday in November 1968 and every two years thereafter Two years, from first day of January next after election State Senator Senatorial district Tuesday next after the first Monday in November 1968 and every two years thereafter Two years Member of State House of Representatives Representat ive district Tuesday next after the first Monday in November 1968 and every two years thereafter Two years Justices and Judges of the Appellate Division State Except as provided in Article 1A of Chapter 7A of the General Statutes, at the regular election for members of the General Assembly immediately preceding the termination of each regular term Eight years, from first day of January next after election Judges of the superior courts Superior Court District At the regular election for members of the General Assembly immediately preceding the termination of each regular term Eight years, from first day of January after next election Judges of the district courts District court district At the regular election for members of the General Assembly immediately preceding the termination of each regular term Four years, from the first day in January next after election District Attorney District Attorney district At the regular election for members of the General Assembly immediately preceding the termination of each regular term Four years, from first day of January next after election Members of House of Representatives of the Congress of the United States Congression al district, except as modified by G.S. 163-104 Tuesday next after the first Monday in November 1968 and every two years thereafter Two years United States Senators State At the regular election immediately preceding the termination of each regular term Six years County commissioners County At the regular election for members of the General Assembly immediately preceding the termination of each regular term Two years, from the first Monday in December next after election Clerk of superior court County At the regular election for members of the General Assembly immediately preceding the termination of each regular term Four years, from the first Monday in December next after election Register of deeds County At the regular election for members of the General Assembly immediately preceding the termination of each regular term Four years, from the first Monday in December next after election Sheriff County At the regular election for members of the General Assembly immediately preceding the termination of each regular term Four years, from the first Monday in December next after election Coroner County At the regular election for members of the General Assembly immediately preceding the termination of a regular term Four years, from the first Monday in December next after election County treasurer (in counties in which elected) County Tuesday next after the first Monday in November 1968 and every two years thereafter Two years, from the first Monday in December next after election All other county officers to be elected by the people County Tuesday next after the first Monday in November 1968 and every two years thereafter Two years, from the first Monday in December next after election History (Const., art. 4, s. 24; 1901, c. 89, ss. 1-4, 73, 74, 77; Rev., ss. 4293, 4294, 4296-4299; 1915, c. 101, s. 1; 1917, c. 218; C.S., ss. 5914, 5915, 5917-5920, 6018; 1935, c. 362; 1939, c. 196; 1943, c. 134, s. 4; 1947, c. 505, s. 1; 1951, c. 1009, s. 2; 1953, c. 1191, s. 1; 1967, c. 775, s. 1; cc. 1264, 1271; 1969, c. 44, s. 80; 1971, c. 170; 1973, c. 793, s. 93; 1977, c. 265, s. 1; c. 661, s. 1; 1991 (Reg. Sess., 1992), c. 782, s. 1; 1993 (Reg. Sess., 1994), c. 738, s. 2; 1996, 2nd Ex. Sess., c. 9, s. 2; 2003-434, 1st Ex. Sess., s. 6; 2004-127, s. 12; 2005-425, s. 3.2; 2015-66, s. 3; 2017-3, s. 2; 2017-6, s. 3; 2018-21, s. 1; 2018-146, ss. 3.1(a), (b), 6.1.) Local Modification to Former G.S. 163-118 to 163-147. - Session Laws 1945, c. 894, repealed former Article 19, relating to primaries, insofar as its provisions applied to the nomination of Democratic candidates for the General Assembly and county offices in Mitchell County. Session Laws 1957, c. 826, as amended by Session Laws 1959, c. 621, s. 2, provided that the former Article should not apply to nominations of Democratic candidates for county offices and members of the House of Representatives in Cherokee County, but that such candidates should be nominated by convention of the Democratic Party. Session Laws 1961, c. 484, provided that the former Article should not apply to nominations of Republican candidates for county offices and members of the General Assembly in Cherokee County, but that such candidates should be nominated by convention of the Republican Party. Session Laws 1953, c. 1069, as amended by Session Laws 1959, c. 238, made the former Article applicable to Watauga County. Session Laws 1955, c. 439, to the extent provided, made the former Article applicable to Yancey County. Session Laws 1955, c. 442, made the former Article applicable to the Counties of Avery, Madison, Mitchell and Yancey for the purpose of nominating Democratic candidates for the state Senate. Local Modification to Former G.S. 163-129. - Avery: 1933, c. 327; 1935, c. 141; 1937, c. 263; Stanly: 1945, c. 958. Session Laws 1971, c. 50, made the provisions of the primary laws as contained in this Chapter applicable to Yancey County, and repealed Session Laws 1955, cc. 439 and 442, insofar as they conflicted with the 1971 act. Session Laws 1975, c. 246, provided that the provisions of the general primary laws of this Chapter should be applicable in Mitchell County for the purpose of nominating the candidates of the Republican Party for all county offices. (As to this Chapter) Caswell: 1987 (Reg. Sess., 1988), c. 1016, ss. 5, 12; (As to this Chapter) Cumberland: 1991, c. 445; 1991 (Reg. Sess., 1992), c. 810; Tyrell: 1995, c. 69, s. 1; (As to this Chapter) city of Albemarle: 1987 (Reg. Sess., 1988), c. 881, s. 2; city of Clinton: 1989 (Reg. Sess., 1990), c. 886; town of Calabash: 1987, c. 468, s. 6; Grandfather Village: 1987, c. 549, s. 6.9; (As to this Chapter) Anson County Board of Commissioners: 1991 (Reg. Sess., 1992), c. 781 (but shall only be enforced as provided by Section 5 of the Voting Rights Act of 1965); Vance County Board of Education: 1987 (Reg. Sess., 1988), c. 974, ss. 3, 4. Cross References. - As to election of members of county boards of education, see G.S. 115C-37 . As to election of executive officers of the State government, see G.S. 147-4 . Recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make additional technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification, in consultation with the State Ethics Commission, the State Board of Elections, the Secretary of State, and the new Bipartisan State Board of Elections and Ethics Enforcement. Session Laws 2016-125, ss. 1 and 2, 4th Ex. Sess., similarly recodified Chapters 120C, 138A, and 163 in a new Chapter. That new Chapter was designated as Chapter 138B , and headings for new Chapter 138B , Subchapter I, and Article 1 were enacted, along with new sections designated as G.S. 138B-1 through 138B-6. Due to a constitutional challenge to the provisions of Session Laws 2016-125, 4th Ex. Sess., the recodification was stayed and never went into effect. Session Laws 2017-6, s. 2, repealed Part I of 2016-125, 4th Ex. Sess., among which were the recodifying provisions in ss. 1 and 2. Re-recodification of Former Chapter 163A Back into Chapters 163, 138A, and 120C. - Session Laws 2018-146, s. 3.1(a), effective January 31, 2019, provides: "The Revisor of Statutes is authorized to re-recodify Chapter 163A of the General Statutes back into Chapters 163, 138A, and 120C of the General Statutes. In preparing the re-recodified chapters, the Revisor of Statutes shall revert the changes made by the Revisor pursuant to Section 3 of S.L. 2017-6, except that after consultation with the appropriate agency staff, the Revisor may separate subsections of statutory sections that existed in the former Chapters into new sections and, when necessary to organize relevant law into its proper place in the re-recodified chapters, may rearrange sentences that appeared within those subsections. The Revisor shall also incorporate into the re-recodified chapters all amendments to Chapters 163, 163A, 138A, and 120C that became effective on or after April 25, 2017, other than those made by S.L. 2017-6 or by Part VIII of S.L. 2018-2." Session Laws 2018-146, s. 6.1, provides: "Consistent with this act, when re-recodifying as directed under this act, the Revisor is authorized to change all references to the Bipartisan State Board of Elections and Ethics Enforcement to instead be references to the State Board of Elections, State Ethics Commission, or Secretary of State, as appropriate. The Revisor may modify statutory citations throughout the General Statutes, as appropriate, and may modify any references to statutory divisions, such as 'Chapter,' 'Subchapter,' 'Article,' 'Part,' 'section,' and 'subsection'; adjust the order of lists of multiple statutes to maintain statutory order; correct terms and conform names and titles changed by this act; eliminate duplicative references to the State Boards that result from the changes authorized by this section; and make conforming changes to catch lines and references to catch lines. The Revisor may also adjust subject and verb agreement and the placement of conjunctions. The Revisor shall consult with the Bipartisan State Board of Elections and Ethics Enforcement, the State Board of Elections, the State Ethics Commission, and the Secretary of State, as appropriate, on this recodification." Editor's Note. - This section was recodified as now former G.S. 163A-700 by Session Laws 2017-6, s. 3. Former G.S. 163A-700 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified. Session Laws 1967, c. 775, which rewrote this Chapter, provided in s. 2 for the repeal of all laws and clauses of laws in conflict with the act, "except local and special acts relating to primaries and elections." An amendment to this and other sections by Session Laws 1981, c. 504, ss. 11 to 13, was made effective upon certification of approval of the constitutional amendments proposed by ss. 1 to 3 of the act. The constitutional amendments were submitted to the people at an election held June 29, 1982, and were defeated. Therefore, the 1981 amendment to this section never went into effect. Amendments to this and other sections by Session Laws 1985, c. 768 were made contingent on approval by the voters of the constitutional amendments proposed by c. 768. Since the proposed constitutional amendments were defeated by a vote of the people on May 6, 1986, the amendments to this section by Session Laws 1985, c. 768 never went into effect. Session Laws 1991, Ex. Sess., c. 1, which was submitted to the Attorney General of the United States pursuant to Section 5 of the Voting Rights Act of 1965, as amended (42 U.S.C. 1973c), received preclearance from the United States Department of Justice on January 3, 1992. Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 5, effective January 1, 1995, and applicable to all primaries and elections occurring on or after that date, provides: "Wherever the term 'registrar' appears in Chapter 163 of the General Statutes, the term shall be changed to read 'chief judge'. " Session Laws 1996, Second Extra Session, c. 9, s. 23, provides: "Part 1 of this act becomes effective only if Parts 1 and 2 of this act are both effective under section 5 of the Voting Rights Act of 1965." Preclearance was received from the U.S. Department of Justice by letter dated October 1, 1996. Session Laws 1996, Second Extra Session, c. 9, s. 24, made the amendment thereby effective upon ratification, and applicable beginning with the 1996 elections, except that Sections 1 and 2 of that act shall be applied to the 1994 general election and the results of that election validated and confirmed under those sections. The Act was ratified August 2, 1996. Subsection (d), added by Session Laws 2003-434, 1st Ex. Sess., s. 6, effective November 25, 2003, is applicable to any case pending on or after that date, to any case regardless of when the case was filed, and to any action of a court affecting the validity of an act apportioning or redistricting State legislative or congressional districts. Session Laws 2018-21, s. 4, made the amendment of subsection (b) of this section by Session Laws 2018-21, s. 1, effective January 1, 2019, and applicable to even-year elections held on or after that date. Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section. Effect of Amendments. - Session Laws 2004-127, s. 12, effective July 26, 2004, added "and nonpartisan candidates as to offices elected under the provisions of Article 25 of this Chapter" at the end of subsection (b). Session Laws 2005-425, s. 3.2, effective September 22, 2005, substituted "day in January next" for "Monday in December next" in the table entry for "Judges of the district courts." Session Laws 2015-66, s. 3, effective June 11, 2015, inserted "Except as provided in Article 1A of chapter 7A of the General Statutes" at the beginning of the entry under the column titled "Date of Election" in the "Justices and Judges of the Appellate Division" row of the table. Session Laws 2017-3, s. 2, effective with respect to primaries and elections held on or after January 1, 2018, deleted "and nonpartisan candidates as to offices elected under the provisions of Article 25 of this Chapter" at the end of subsection (b). Session Laws 2018-21, s. 1, substituted "March" for "May" in subsection (b). For effective date and applicability, see editor's note. Legal Periodicals. - For case law survey on elections, see 41 N.C.L. Rev. 433 (1963). For survey of 1977 administrative law affecting state government, see 56 N.C.L. Rev. 867 (1978).