North Carolina § 163-104 - Primaries governed by general election laws; authority of State Board of Elections to modify time schedule.

§ 163-104. Primaries governed by general election laws; authority of State Board of Elections to modify time schedule.

Unless otherwise provided in this Chapter, primary elections shall be conducted as far as practicable in accordance with the general election laws of this State. All provisions of this Chapter and of other laws governing elections, not inconsistent with this Article and other provisions of law dealing specifically with primaries, shall apply as fully to primary elections and to the acts and things done thereunder as to general elections. Nevertheless, for purposes of primary elections the State Board of Elections may, by general rule, modify the general election law time schedule with regard to ascertaining, declaring, and reporting results. All acts made criminal if committed in connection with a general election shall likewise be criminal, with the same punishment, when committed in a primary election held under the provisions of this Chapter. History (1915, c. 101, s. 3; 1917, c. 218; C.S., s. 6020; 1967, c. 775, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) Local Modification to Former G.S. 163-117 to 163-147. - Session Laws 1945, c. 894, repealed former Article 19, relating to primaries, insofar as its provisions apply to the nomination of Democratic candidates for the General Assembly and county offices in Mitchell County. Session Laws 1945, c. 894, was repealed by Session Laws 1979, c. 210, which provides that this Article is applicable in Mitchell County.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 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 such candidates should be nominated by conventions 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 senates. Elections for Judicial Offices 2018. - Session Laws 2018-13, s. 2(a)-(d), as amended by 2018-130, 1st Ex. Sess., ss. 2, 3, provides: "(a) The General Assembly finds that both chambers of the General Assembly have carefully examined judicial redistricting and the forms of judicial selection with multiple committees considering various proposals of selection and new judicial district maps. The General Assembly finds that, to allow for more time to thoughtfully consider these changes, the General Assembly enacted S.L. 2017-214, the Electoral Freedom Act of 2017, which, among other items, provided for a one-time cancellation of partisan primaries for the offices of district court judge, superior court judge, judges of the Court of Appeals, and Supreme Court justices for the 2018 election cycle. The General Assembly finds that all elections for judges in 2018 were to be treated uniformly under S.L. 2017-214, the Electoral Freedom Act of 2017, while those changes were considered. "The General Assembly notes that election to these offices will be held under a plurality election system, with candidates running under a political party label on the ballot, without having gone through a party primary. The General Assembly finds that ballot language above the sections of 2018 general election ballots regarding these impacted offices setting forth the listed party affiliation of a candidate at least 90 days prior to the time of filing, consistent with G.S. 163A-973, would aid voters' understanding of the 2018 judicial races. "(b) For the 2018 general election, the State Board of Elections and Ethics Enforcement shall, notwithstanding G.S. 163A-1114(b)(2), list the following judicial offices at the end of all partisan offices listed on the general election ballot: "(1) Justices of the Supreme Court. "(2) Judges of the Court of Appeals. "(3) Judges of the superior courts. "(4) Judges of the district courts. "(c) Notwithstanding G.S. 163A-1112, immediately prior to the placement of the judicial offices listed in subsection (b) of this section on the ballot, the following information shall be printed: "No primaries for judicial office were held in 2018. The party information by each of the following candidates' names is shown only if the candidates' party affiliation or unaffiliated status is the same as on their voter registration at the time they filed to run for office and 90 days prior to that filing. "(d) Except as provided in this section, ballot order for the judicial offices listed in subsection (b) of this section shall be as provided in Section 4(j) of S.L. 2017-214." Session Laws 2017-214, s. 4(a)-(k), as amended by Session Laws 2018-130, 1st Ex. Sess., ss. 1, 3.1, provides: "(a) No 2018 Primary for Judicial Offices. - Notwithstanding G.S. 163-106 , no party primaries shall be held for candidates seeking the following offices in the general election held on November 6, 2018: "Justices of the Supreme Court. "Judges of the Court of Appeals. "Judges of the superior courts. "Judges of the district courts. "Candidates seeking the office of Justice of the Supreme Court, judge of the Court of Appeals, judge of the superior court, or judge of the district court shall file their notice of candidacy with the State Board of Elections and Ethics Enforcement no earlier than 12:00 noon on June 18, 2018, and no later than 12:00 noon on June 29, 2018. "(b) Form of Notice. - Each person offering to be a candidate for election shall do so by filing a notice of candidacy with the State Board of Elections and Ethics Enforcement in the following form, inserting the words in parentheses when appropriate: "Date ________ "I hereby file notice that I am a candidate for election to the office of ________ in the regular election to be held ________. "Signed ________ "(Name of Candidate) "Witness: ___________________________________________________________________ "The notice of candidacy shall be either signed in the presence of the chair or secretary of the State Board of Elections and Ethics Enforcement or signed and acknowledged before an officer authorized to take acknowledgments who shall certify the notice under seal. An acknowledged and certified notice may be mailed to the State Board of Elections and Ethics Enforcement. In signing a notice of candidacy, the candidate shall use only the candidate's legal name and, in the candidate's discretion, any nickname by which commonly known. A candidate may also, in lieu of that candidate's first name and legal middle initial or middle name, if any, sign that candidate's nickname, provided 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 the 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. "A candidate, at the time of filing the notice of candidacy under this section, shall indicate on the notice of candidacy the political party recognized under Article 18 of Chapter 163A of the General Statutes with which that candidate is affiliated or any unaffiliated status. If the candidate's political party affiliation or unaffiliated status is the same as on their voter registration at the time they filed to run for office and 90 days prior to that filing, the political party designation or unaffiliated status shall be included on the ballot. "(c) Withdrawal of Notice of Candidacy. - Any person who has filed a notice of candidacy for an office under this section shall have the right to withdraw it at any time prior to either of the following: "(1) The close of business on the third business day prior to the date on which the right to file for that office expires under the terms of subsection (b) of this section. "(2) The close of business August 8, 2018." "(d) Certificate That Candidate Is Registered Voter. - Candidates shall file along with their notice a certificate signed by the chair 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, and if the candidacy is for superior court judge or district court judge, and the county contains more than one superior court district or district court district, stating the judicial district of which the person is a resident. 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 and Ethics Enforcement 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 and Ethics Enforcement 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 2017. "(e) Candidacy for More Than One Office Prohibited. - No person may file a notice of candidacy for more than one office or group of offices described in subsection (a) of this section, or for an office or group of offices described in subsection (a) of this section and an office described in G.S. 163-106(c) , for any one election. If a person has filed a notice of candidacy with a board of elections under this section or under G.S. 163-106(c) for one office or group of offices, then a notice of candidacy may not later be filed for any other office or group of offices under this section when the election is on the same date unless the notice of candidacy for the first office is withdrawn under subsection (c) of this section. "(f) Notice of Candidacy for Certain Offices to Indicate Vacancy. - In any election in which there are two or more vacancies for the office of justice of the Supreme Court, judge of the Court of Appeals, superior court judge, or district court judge to be filled by nominations, each candidate shall, at the time of filing notice of candidacy, file with the State Board of Elections and Ethics Enforcement a written statement designating the vacancy to which the candidate seeks election. Votes cast for a candidate shall be effective only for election to the vacancy for which the candidate has given notice of candidacy as provided in this subsection. "A person seeking election for a specialized district judgeship established under G.S. 7A-147 shall, at the time of filing notice of candidacy, file with the State Board of Elections and Ethics Enforcement a written statement designating the specialized judgeship to which the person seeks nomination. "(g) Residency Requirements. - No person may file a notice of candidacy for superior court judge or district court judge unless that person is at the time of filing the notice of candidacy a resident of the judicial district as it will exist at the time the person would take office if elected. This subsection implements Section 9(1) of Article IV of the North Carolina Constitution, which requires regular superior court judges to reside in the district for which elected, and Section 10 of Article IV of the North Carolina Constitution, which requires every district court judge to reside in the district for which elected. "(h) Filing Fees. - Candidates shall pay filing fees as required by G.S. 163-107 and G.S. 163-107 .1. "(i) Failure of Candidates to File; Death or Other Disqualification of a Candidate; No Withdrawal From Candidacy. - "(1) Insufficient number of candidates. - If when the filing period expires, candidates have not filed for an office to be filled under this section, the State Board of Elections and Ethics Enforcement shall extend the filing period for five days for any such offices. "(2) Vacancies; reopening filing. - If only one or two candidates have filed for a single office, or the number of candidates filed for a group of offices does not exceed twice the number of positions to be filled, and thereafter a remaining candidate dies or otherwise becomes disqualified before the election and before the ballots are printed, the State Board of Elections and Ethics Enforcement shall, upon notification of the death or other disqualification, immediately reopen the filing period for an additional five days during which time additional candidates shall be permitted to file for election. If the ballots have been printed at the time the State Board of Elections and Ethics Enforcement receives notice of the candidate's death or other disqualification, the Board shall determine whether there will be sufficient time to reprint them before the election if the filing period is reopened for three days. If the Board determines that there will be sufficient time to reprint the ballots, it shall reopen the filing period for three days to allow other candidates to file for election. "(3) Later vacancies; ballots not reprinted. - If the ballots have been printed at the time the State Board of Elections and Ethics Enforcement receives notice of a candidate's death or other disqualification, and if the Board determines that there is not enough time to reprint the ballots before the election if the filing period is reopened for three days, then regardless of the number of candidates remaining for the office or group of offices, the ballots shall not be reprinted and the name of the vacated candidate shall remain on the ballots. If a vacated candidate should poll the highest number of votes in the election for a single office or enough votes to be elected to one of a group of offices, the State Board of Elections and Ethics Enforcement shall declare the office vacant and it shall be filled in the manner provided by law. "(4) No withdrawal permitted of living, qualified candidate after close of filing. - After the close of the candidate filing period, a candidate who has filed a notice of candidacy for an office under this section, who has not withdrawn notice before the close of filing as permitted by subsection (c) of this section, who remains alive, and has not become disqualified for the office may not withdraw his or her candidacy. That candidate's name shall remain on the ballot, any votes cast for the candidacy shall be counted in primary or election, and if the candidate wins, the candidate may fail to qualify by refusing to take the oath of office. "(5) Death, disqualification, or failure to qualify after election. - If a person elected to the office of justice of the Supreme Court, judge of the Court of Appeals, or superior or district court judge dies or becomes disqualified on or after election day and before that person has qualified by taking the oath of office, or fails to qualify by refusing to take the oath of office, the office shall be deemed vacant and shall be filled as provided by law. "(j) Ballot Order. - For the 2018 general election, the State Board of Elections and Ethics Enforcement shall place elections for the offices elected as provided in this section with other partisan offices, as provided in G.S. 163-165.6(b)(3) . Order of candidates for those offices shall be determined as provided in G.S. 163-165.6(c) . "(k) Determination of Election Winners. - A general election for all candidates seeking office as provided in this section shall be held on November 6, 2018. In the general election, 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 and Ethics Enforcement shall determine the winner by lot." Editor's Note. - This section was recodified as now former G.S. 163A-970 by Session Laws 2017-6, s. 3. Former G.S. 163A-970 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. For provisions pertaining to the scheduling of the 2016 primary, see the note for Session Laws 2016-2, Ex. Sess., s. 1(a)-(f), at G.S. 163A-972. Session Laws 2016-2, Ex. Sess., s. 3(a)-(d), provides: "(a) Temporary Orders. - In order to accommodate the scheduling of the 2016 U.S. House of Representatives primary, the State Board of Elections may issue temporary orders that may change, modify, delete, amend, or add to any statute contained in Chapter 163 of the General Statutes, any rules contained in Title 8 of the North Carolina Administrative Code, or any other election regulation or guideline that may affect the 2016 U.S. House of Representatives primary elections. These temporary orders shall only be effective for the 2016 U.S. House of Representatives primary elections. "(b) Orders, Not Rules. - Orders issued under this act are not rules subject to the provisions of Chapter 150B of the General Statutes. Orders issued under this act shall be published in the North Carolina Register upon issuance. "(c) Expiration of Orders. - Any orders issued under this act become void 10 days after the final certification of all 2016 U.S. House of Representatives primary elections. This act expires 10 days after the final certification of all 2016 U.S. House of Representatives primary elections. "(d) Definition. - As used in this act, 'order' also includes guidelines and directives." Session Laws 2016-2, Ex. Sess., s. 4, provides: "Any ballots cast in accordance with S.L. 2015-258 for the 2016 U.S. House of Representatives primary races only shall not be certified by the State Board of Elections, are confidential, and are not a public record under G.S. 132-1 ." Session Laws 2016-2, Ex. Sess., s. 5, provides: "This act is effective when it becomes law and applies to the 2016 election cycle unless, prior to March 16, 2016, the United States Supreme Court reverses or stays the decision of the United States District Court for the Middle District of North Carolina holding unconstitutional G.S. 163-201(a) as it existed prior to the enactment of this act (or the decision is otherwise enjoined, made inoperable, or ineffective), and in any such case, this act is repealed." The contingency did not occur. Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.