North Carolina § 163-279 - Time of municipal primaries and elections.

§ 163-279. Time of municipal primaries and elections.

Primaries and elections for offices filled by election of the people in cities, towns, incorporated villages, and special districts shall be held in 1973 and every two or four years thereafter as provided by municipal charter on the following days: If the election is nonpartisan and decided by simple plurality, the election shall be held on Tuesday after the first Monday in November. If the election is partisan, the election shall be held on Tuesday after the first Monday in November, the first primary shall be held on the second Tuesday after Labor Day, and the second primary, if required, shall be held on the fourth Tuesday before the election. If the election is nonpartisan and the nonpartisan primary method of election is used, the election shall be held on Tuesday after the first Monday in November and the nonpartisan primary shall be held on the fourth Tuesday before the election. If the election is nonpartisan and the election and runoff election method of election is used, the election shall be held on the fourth Tuesday before the Tuesday after the first Monday in November, and the runoff election, if required, shall be held on Tuesday after the first Monday in November. Officers of sanitary districts elected in 1970 shall hold office until the first Monday in December, 1973, notwithstanding G.S. 130-126. Beginning in 1973, sanitary district elections shall be held at the times provided in this section or in G.S. 130A-50(b1). History (1971, c. 835, s. 1; 1973, c. 1115; 1987, c. 22, s. 2; 2006-192, s. 3; 2011-141, s. 1(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) Local Modification. - Rockingham: 1993, c. 15, s. 2 (repealed by 2015-38, s. 1.1, effective May 28, 2015, if approved in May 3, 2016 referendum); 2005-307, s. 5 (repealed by 2015-38, s. 1.1, effective May 28, 2015, if approved in May 3, 2016 referendum); city of Albemarle: 1987 (Reg. Sess., 1988), c. 881, s. 3; (As to Article 23); city of Winston-Salem: 1927, c. 232, s. 12J, as added by 2011-141, s. 1(d); town of Walkertown: 1983 (Reg. Sess., 1984), c. 936, as amended by 2019-61, s. 1; (As to Article 23) Charlotte-Mecklenburg Board of Education: 1993, c. 167, s. 1; Harkers Island Sanitary District: 2011-128, s. 1. Editor's Note. - This section was recodified as now former G.S. 163A-1585 by Session Laws 2017-6, s. 3. Former G.S. 163A-1585 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. Section 130-126, referred to in subsection (b) of this section, was repealed by Session Laws 1983, c. 891, s. 1. As to sanitary districts, see now G.S. 130A-47 et seq. Session Laws 2016-109, s. 5, provides: "It is the intent of the General Assembly to provide for even-numbered year municipal elections, effective with the 2020 election cycle. The Joint Legislative Elections Oversight Committee shall study the options to implement this change and recommend to the General Assembly any legislation it deems advisable. It shall make a final report before the convening of the 2017 Regular Session of the General Assembly." Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section. Session Laws 2021-56, s. 1(a)-(f), provides: "(a) Delay of Certain 2021 Municipal Elections. - Notwithstanding Articles 23 and 24 of Chapter 163 of the General Statutes and any local act of the General Assembly, the regular 2021 elections in any municipality where there is an election of municipal officers scheduled for 2021 and where less than the entire jurisdiction is eligible to vote for candidates for one or more offices on the 2021 ballot shall be delayed until 2022 in accordance with this act. The terms of office of the Mayor and any council member serving on the effective date of this act in a municipality with elections delayed in accordance with this act shall be extended until a successor is chosen, qualified, and sworn into office in 2022. "(b) Revision of Districts After Release of 2020 Census Data. - G.S. 160A-23.1 , and any resolution adopted under that statute, shall not apply with respect to any election delayed to 2022 in accordance with this act. Notwithstanding G.S. 160A-23.1 , upon the release of the 2020 Census data by the U.S. Census Bureau, each municipality with elections delayed in accordance with this act shall review and revise its electoral districts in accordance with State and federal law on or before the date provided in Section 1(c) of this act. In revising the electoral districts, the municipality with elections delayed in accordance with this act may seek and provide an opportunity for public input prior to the release of the 2020 Census data. In addition, the municipality with elections delayed in accordance with this act shall provide an opportunity for public input after the release of the 2020 Census data and shall conduct at least one public hearing prior to adopting revised districts. "(c) Filing Period for Delayed 2021 Municipal Elections. - The form of the notice of candidacy shall be as provided in Article 23 or 24 of Chapter 163 of the General Statutes for the method of election for that municipality. No later than November 12, 2021, each municipality with an election delayed to 2022 in accordance with this act shall notify the appropriate county board or boards of elections with jurisdiction over that municipality's election contests whether the municipality will be able to provide electoral districts revised in accordance with State and federal law on or before November 17, 2021, and if not, the municipality must provide the electoral districts revised in accordance with State and federal law on or before December 17, 2021. The appropriate county board or boards of elections shall then set the filing period that will be used for that municipality's elections delayed to 2022 in accordance with this act as follows: "(1) Open at 12:00 noon on December 6, 2021, and close at 12:00 noon on December 17, 2021, for municipalities providing the electoral districts revised in accordance with State and federal law to appropriate county board or boards of elections on or before November 17, 2021. "(2) Open at 12:00 noon on January 3, 2022, and close at 12:00 noon on January 7, 2022, for municipalities providing the electoral districts revised in accordance with State and federal law to appropriate county board or boards of elections on or before December 17, 2021. "(d) Withdrawal of Notice of Candidacy. - Any person who has filed a notice of candidacy for any elected office with an election delayed to 2022 in accordance with this section shall have the right to withdraw his or her candidacy in accordance with G.S. 163-106.4 . "(e) Date of Election. - With respect to any elected office with an election delayed to 2022 in accordance with this act, the following dates of election shall apply: "(1) For any municipality elected by the partisan primary and election method, the primary shall be March 8, 2022, and the general election shall be on the date of any second primary held under G.S. 163-111 . If no second primary is held under G.S. 163-111 , the general election shall be on April 26, 2022. No second primary shall be held for these offices in 2022. "(2) For any municipality elected by the nonpartisan primary and election method, the primary shall be March 8, 2022, and the general election shall be held on the date of any second primary held under G.S. 163-111 . If no second primary is held under G.S. 163-111 , the general election shall be on April 26, 2022. "(3) For any municipality elected by the nonpartisan plurality method, the date of the election shall be March 8, 2022. "(4) For any municipality elected by the nonpartisan elections and runoff method, the election shall be March 8, 2022, and the runoff election shall be held on the date of any second primary held under G.S. 163-111 . If no second primary is held under G.S. 163-111 , the runoff election shall be on April 26, 2022. "(f) The individual certified as the winner of the 2022 election held in accordance with this act shall hold office until the expiration of the term under the municipal charter as if the election had been held in 2021. Notwithstanding G.S. 160A-68 , the individual certified as the winner of the 2022 election may be sworn into office at any time after issuance of the certificate of election." Session Laws 2021-56, s. 1.9, provides: "This act shall not apply to offices elected at large in any municipality where there is an election of municipal officers scheduled for 2021, where less than the entire jurisdiction is eligible to vote for candidates for one or more offices on the 2021, and that municipality has notified the county board of elections at least five business days prior to the opening of the 2021 filing period as provided in Article 23 or 24 of Chapter 163 of the General Statutes for the method of election for that municipality. If the county board of elections is so notified, the county board of elections shall open the filing period for the offices elected at large only for that municipality and conduct the election in 2021 in accordance with that municipality's charter and Chapter 163 of the General Statutes." Effect of Amendments. - Session Laws 2006-192, s. 3, effective January 1, 2007, and applicable to all primaries and elections conducted on or after January 1, 2007, in subdivision (a)(2), substituted "second" for "sixth", substituted "after Labor Day," for "before the election,", and substituted "fourth" for "third". Session Laws 2011-141, s. 1(a), effective July 1, 2011, repealed subsection (b), which read: "Notwithstanding the provisions of subsection (a), the next regular municipal primary and election in Winston-Salem shall be held at the time of the primary and election for county officers in 1974, officers elected at that time shall serve terms of office expiring on the first Monday in December, 1977. Beginning in 1977, municipal primaries and elections in Winston-Salem shall be held at the time provided in this section."