North Carolina § 163-106 - 1. Eligibility to file.

§ 163-106. 1. 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 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. History (1915, c. 101, ss. 6, 15; 1917, c. 218; C.S., ss. 6022, 6035; 1921, c. 217; 1923, c. 111, s. 13; C.S., s. 6055(a); 1927, c. 260, s. 19; 1929, c. 26, s. 1; 1933, c. 165, s. 12; 1937, c. 364; 1947, c. 505, s. 7; 1949, c. 672, s. 4; c. 932; 1951, c. 1009, s. 3; 1955, c. 755; c. 871, s. 1; 1959, c. 1203, s. 4; 1965, c. 262; 1967, c. 775, s. 1; c. 1063, s. 2; 1969, c. 44, s. 83; c. 1190, s. 56; 1971, cc. 189, 675, 798; 1973, c. 47, s. 2; c. 793, s. 36; c. 862; 1975, c. 844, s. 2; 1977, c. 265, ss. 4, 5; c. 408, s. 2; c. 661, ss. 2, 3; 1979, c. 24; c. 411, s. 5; 1981, c. 32, ss. 1, 2; 1983, c. 330, s. 1; 1985, c. 472, s. 2; c. 558, s. 1; c. 759, s. 6; 1985 (Reg. Sess., 1986), c. 957, s. 1; 1987, c. 509, s. 13; c. 738, s. 124; 1987 (Reg. Sess., 1988), c. 1028, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 31; 1995, c. 243, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 8; 1999-456, s. 59; 2001-403, s. 3; 2001-466, s. 5.1(a); 2002-158, ss. 8, 9; 2002-159, s. 55(a); 2006-155, s. 2; 2007-369, s. 1; 2009-47, s. 1; 2013-381, s. 21.1; 2014-111, s. 1(a); 2016-125, 4th Ex. Sess., s. 21(a); 2017-3, s. 5; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) Local Modification. - Pasquotank: 1995 (Reg. Sess., 1996), c. 612, s. 1; Halifax County Board of Elections: 1983 (Reg. Sess., 1984), c. 984; Stanly County Board of Education: 2011-175, s. 1. Cross References. - As to prohibition on not running for two separate offices at the same time, see G.S. 163-124 . Editor's Note. - This section was formerly subsection (b) of G.S. 163-106 , and was recodified as now former G.S. 163A-973 by Session Laws 2017-6, s. 3. Former G.S. 163A-973 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 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 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 2002-158, s. 15, is a severability clause. Session Laws 2002-158, s. 15.1, states that nothing in this act obligates the General Assembly to appropriate funds to implement the provisions of the act now or in the future. Session Laws 2014-111, s. 1(b) made the amendments to subsection (b) of this section by Session Laws 2014-111, s. 1(a), effective January 1, 2015, and applicable to elections conducted on or after that date. Session Laws 2016-125, 4th Ex. Sess., s. 21(h), made the amendment to subsections (c) and (d) by Session Laws 2016-125, 4th Ex. Sess., s. 21(a), effective January 1, 2018, and applicable to primaries and 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 2006-155, s. 2, effective January 1, 2007, and applicable to actions filed on or after January 1, 2007, in subsection (g), in the first paragraph, deleted "county" preceding "board", substituted "board" for "chairman or director", and substituted "does not meet the constitutional or statutory qualifications for the office, including residency" for "is not eligible under subsection (c) of this section" at the end, in the second paragraph, in the first sentence, added "and to any other candidate filing for the same office" at the end, added the last two sentences, and made a minor stylistic change. Session Laws 2007-369, s. 1, effective January 1, 2008, added subsection (a1). Session Laws 2009-47, s. 1, effective January 1, 2010, and applicable with respect to primaries and elections held on or after that date, substituted "the same office" for "any office" in the form in subsection (a). Session Laws 2013-381, s. 21.1, effective January 1, 2014, in subsection (e), added "prior to the close of business on the third business day," and deleted "filing" following "withdraw before the." Session Laws 2014-111, s. 1(a), effective January 1, 2015, rewrote subsection (b). See Editor's note for applicability. Session Laws 2016-125, 4th Ex. Sess., s. 21(a), effective January 1, 2018, in subsection (c), inserted the fourth and fifth offices listed following the introductory language; and in subsection (d), inserted "two or more vacancies for associate justices for the Supreme Court, two or more vacancies for the Court of Appeals, or" in the first sentence, and substituted "the candidate" for "he" twice. For effective date and applicability, see editor's note. Session Laws 2017-3, s. 5, effective January 1, 2018, in subsection (c), added "Judges of the superior court" and "Judges of the district court"; in subsection (d), added "two or more vacancies for district court judge, or" following "vacancies for the Court of Appeals," and added the second sentence; added "if the candidacy is for superior court judge and the county contains more than one superior court district, stating the superior court district of which the person is a resident," following "registered to vote in that county" in subsection (f); added subsection (j); and made a related change. Legal Periodicals. - For survey of 1977 administrative law affecting state government, see 56 N.C.L. Rev. 867 (1978). For article, "Think Small: The Future of Public Financing After Arizona Free Enterprise," see 47 Wake Forest L. Rev. 413 (2012).