North Carolina § 163-296 - Nomination by petition.

§ 163-296. Nomination by petition.

In cities conducting partisan elections, any qualified voter who seeks to have his name printed on the regular municipal election ballot as an unaffiliated candidate may do so in the manner provided in G.S. 163-122 , except that the petitions and affidavits shall be filed not later than 12:00 noon on the Friday preceding the seventh Saturday before the election, and the petitions shall be signed by a number of qualified voters of the municipality equal to at least one and a half percent (1.5%) of the whole number of voters qualified to vote in the municipal election according to the voter registration records of the State Board of Elections as of January 1 of the year in which the general municipal election is held. A person whose name appeared on the ballot in a primary election is not eligible to have his name placed on the regular municipal election ballot as an unaffiliated candidate for the same office in that year. The Board of Elections shall examine and verify the signatures on the petition, and shall certify only the names of signers who are found to be qualified registered voters in the municipality. Provided that in the case where a qualified voter seeks to have his name printed on the regular municipal election ballot as an unaffiliated candidate for election from an election district within the municipality, the petition shall be signed by one and a half percent (1.5%) of the voters qualified to vote for that office. History (1971, c. 835, s. 1; 1979, c. 23, ss. 2, 4, 5; c. 534, ss. 3, 4; 1989, c. 402; 1991, c. 297, s. 2; 2004-127, s. 8(b); 2006-264, s. 21; 2017-6, s. 3; 2017-214, s. 2(b); 2018-146, s. 3.1(a), (b).) Local Modification. - Cleveland: 2017-78, s. 3.3, as added by 2017-200, s. 2 (for the 2017 elections for the Cleveland County Board of Education). Editor's Note. - This section was recodified as now former G.S. 163A-1624 by Session Laws 2017-6, s. 3. Former G.S. 163A-1624 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 2017-214, s. 5, made the amendment to this section by Session Laws 2017-214, s. 2(b), effective January 1, 2018, and applicable to all 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 Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.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 2004-127, s. 8(b), effective July 26, 2004, in the first sentence, substituted "voter registration records of" for "most recent figures certified by," and at the end of the first sentence, substituted "as of January 1 of the year in which the general election is to be held" for "Elections." Session Laws 2006-264, s. 21, effective August 27, 2006, near the end of the first sentence, inserted "Elections" and "municipal". Session Laws 2017-214, s. 2(b), substituted "one and a half percent (1.5%)" for "four percent (4%)" twice. For effective date and applicability, see editor's note.