North Carolina § 163-165 - 5. Contents of official ballots.

§ 163-165. 5. Contents of official ballots.

Except as provided in this section, each official ballot shall contain all the following elements: The heading prescribed by the State Board. The heading shall include the term "Official Ballot". The title of each office to be voted on and the number of votes allowed in each ballot item. The names of the candidates as they appear on their notice of candidacy filed pursuant to G.S. 163-106, 163-106.1, 163-106.2, 163-106.3, 163-106.4, 163-106.5, and 163-106.6, or on petition forms filed in accordance with G.S. 163-122. No title, appendage, or appellation indicating rank, status, or position shall be printed on the official ballot in connection with the candidate's name. Candidates, however, may use the title Mr., Mrs., Miss, or Ms. Nicknames shall be permitted on an official ballot if used in the notice of candidacy or qualifying petition, but the nickname shall appear according to standards adopted by the State Board of Elections. Those standards shall allow the presentation of legitimate nicknames in ways that do not mislead the voter or unduly advertise the candidacy. In the case of candidates for presidential elector, the official ballot shall not contain the names of the candidates for elector but instead shall contain the nominees for President and Vice President which the candidates for elector represent. The State Board of Elections shall establish a review procedure that local boards of elections shall follow to ensure that candidates' names appear on the official ballot in accordance with this subdivision. Party designations in partisan ballot items. A means by which the voter may cast write-in votes, as provided in G.S. 163-123. No space for write-ins is required unless a write-in candidate has qualified under G.S. 163-123 or unless the ballot item is exempt from G.S. 163-123. Instructions to voters, unless the State Board of Elections allows instructions to be placed elsewhere than on the official ballot. The printed title and facsimile signature of the chair of the county board of elections. The designation of vacancy sought, for any vacancy for the office of Justice or judge of the courts. The designation shall not be the name or names of any incumbent or other individual but shall be designated as determined by the State Board. Notwithstanding subsection (a) of this section, an official ballot created and printed by use of a voting system in the voting enclosure shall be counted if all of the following apply: Each of the following are printed on that official ballot: The date of the election. The precinct name or a unique identification code associated with that ballot style. The choices made by the voter for all ballot items in which the voter cast a vote. The electronic display of the voting system seen by the voter contains all of the information required by subsection (a) of this section. The voter is capable of reviewing the printed official ballot, and voiding that ballot, prior to casting that voter's ballot. The voter's choices in and on the electronic display are removed prior to the next voter using that voting equipment. History (2001-460, s. 3; 2003-209, s. 1; 2007-391, s. 10; 2008-187, s. 33(a); 2015-103, s. 4(b); 2015-292, s. 1; 2016-125, 4th Ex. Sess., s. 21(g); 2017-3, s. 12; 2017-6, s. 3; 2018-121, s. 4(a); 2018-146, s. 3.1(a), (b).) 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." Editor's Note. - This section was recodified as now former G.S. 163A-1112 by Session Laws 2017-6, s. 3. Former G.S. 163A-1112 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 2007-391, s. 1(c), was amended by Session Laws 2008-198, s. 33(a), to eliminate any confusion as to the effective dates of the 2007 act. Session Laws 2007-391, s. 10, which added the last sentence in subdivision (5), is effective August 19, 2007. Session Laws 2015-292, s. 3, made the amendment to this section by Session Laws 2015-292, s. 1, applicable to elections held on or after October 29, 2015. Session Laws 2016-125, 4th Ex. Sess., s. 21(h), made the amendment to subdivision (a)(4) by Session Laws 2016-125, 4th Ex. Sess., s. 21(g), effective January 1, 2018, and applicable to primaries and elections held on or after that date. Session Laws 2016-125, s. 25, 4th Ex Sess., is a severability clause. Session Laws 2018-13, s. 6, is a severability clause. Session Laws 2018-121, s. 4(c), made the amendment of subsection (a) of this section by Session Laws 2018-121, s. 4(a), effective June 28, 2018, and applicable to 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 2007-391, s. 10, effective August 19, 2007, added the last sentence in subdivision (5). Session Laws 2015-103, s. 4(b), effective June 22, 2015, added the subsection (a) designation; added "Except as provided in this section," at the beginning of subsection (a); substituted "votes allowed" for "seats to be filled" in subdivision (a)(2); and added subsection (b). Session Laws 2015-292, s. 1, effective October 29, 2015, inserted "and in nonpartisan ballot items as required by G.S. 163-323(h)" at the end of subdivision (4) (now (a)(4)). For applicability, see editor's note. Session Laws 2016-125, 4th Ex. Sess., s. 21(g), effective January 1, 2018, deleted "and in nonpartisan ballot items as required by G.S. 163-323(h)" from the end of subdivision (a)(4). For effective date and applicability, see editor's note. Session Laws 2017-3, s. 12, effective with respect to primaries and elections held on or after January 1, 2018, deleted "or G.S. 163-323," preceding "or on petition forms" in subdivision (a)(3). Session Laws 2018-121, s. 4(a), added subdivision (a)(8). For effective date and applicability, see editor's note. § 163-165.5A: Expired pursuant to Session Laws 2001-288, s. 3, effective January 1, 2012.