Chapter 163.
Elections and Election Laws.
SUBCHAPTER I. TIME OF PRIMARIES AND ELECTIONS.
Article 1.
Time of Primaries and Elections.
§ 163-1. Time of regular elections and primaries.
(a)Unless otherwise provided by law, elections for the
officers listed in the tabulation contained in this section shall
be conducted in all election precincts of the territorial units
specified in the column headed "Jurisdiction" on the dates
indicated in the column headed "Date of Election." Unless
otherwise provided by law, officers shall serve for the terms
specified in the column headed "Term of Office."
(b) On Tuesday next after the first Monday in May preceding
each general election to be held in November for the officers
referred to in subsection (a) of this section, there shall be
held in all election precincts within the territory for which the
officers are to be elected a primary election for the purpose of
nominating candidates for each political party in the State for
those offices.
(c) On Tuesday next after the first Monday in November in the
year 1968, and every four years thereafter, or on such days as
the Congress of the United States shall direct, an election shall
be held in all of the election precincts of the State for the
election of electors of President and Vice-President of the
United States. The number of electors to be chosen shall be equal
to the number of Senators and Representatives in Congress to
which this State may be entitled. Presidential electors shall not
be nominated by primary election; instead, they shall be
nominated in a State convention of each political party as
defined in G.S. 163-96 unless otherwise provided by the plan of
organization of the political party; provided, that in the case
of a candidate for President of the United States who has
qualified to have his name printed on the general election ballot
as an unaffiliated candidate under G.S. 163-122, that candidate
shall nominate presidential electors. One presidential elector
shall be nominated from each congressional district and two from
the state-at-large, and in addition, the State convention of each
party and the unaffiliated candidate shall each nominate first
and second alternate electors who shall serve if their slate is
elected as provided by G.S. 163-209 and if there is a vacancy as
provided by G.S. 163-210.
OFFICE JURISDICTION DATE OF ELECTION TERM OF OFFICE
Governor State Tuesday next after Four years,
from
the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
Lieutenant State Tuesday next after Four years,
from
Governor the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
Secretary ofState Tuesday next after Four years,
from
State the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
Auditor State Tuesday next after Four years,
from
the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
Treasurer State Tuesday next after Four years,
from
the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
Superinten- State Tuesday next after Four years,
from
dent of the first Monday first day of
Public in November 1968 January next
Instruction and every four after election
years thereafter
Attorney State Tuesday next after Four years,
from
General the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
CommissionerState Tuesday next after Four years,
from
Of the first Monday first day of
Agriculture in November 1968 January next
and every four after election
years thereafter
CommissionerState Tuesday next after Four years,
from
of Labor the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
CommissionerState Tuesday next after Four years,
from
of the first Monday first day of
Insurance in November 1968 January next
and every four after election
years thereafter
All other State Tuesday next after Four years,
from
State the first Monday first day of
officers in November 1968 January next
whose terms and every four after election
last for years thereafter
four years
All other State Tuesday next after Two years, from
State the first Monday first day of
officers in November 1968 January next
whose terms and every two after election
are not years thereafter
specified
by law
State Senator Senatorial Tuesday next
after Two years
district the first Monday
in November 1968
and every two
years thereafter
Member of Representative Tuesday next after Two years
State House district the first Monday
of Repre- in November 1968
sentatives and every two
years thereafter
Justices andState At the regular Eight years,
Judges of the election for
from first day
Appellate members of the of January next
Division General Assembly after election
immediately preceding
the termination of
each regular term
Judges of the Superior At the regular
Eight years,
superior Court election for from first day
courts District members of the of January next
General Assembly after election
immediately preceding
the termination of
each regular term
Judges of the District court At the regular
Four years, from
district district election for the first
Monday
courts members of the in December
next
General Assembly after election
immediately preceding
the termination
of each regular
term
District District At the regular Four years,
from
Attorney Attorney election for first day of
district members of the January next
General Assembly after election
immediately preceding
the termination
of each regular
term
Members of Congressional Tuesday next after Two years
House of district, the first Monday
Representa- except as in November 1968
tives of modified by and every two
the G.S. 163-104 years thereafter
Congress of
the United
States
United States State At the regular
Six years
Senators election immed-
iately preceding
the termination
of each regular
term
County County At the regular Two years, from
commissioners election for
the first
members of the Monday in
General Assembly December next
immediately preceding after
election
the termination of
each regular term
Clerk of County At the regular Four years,
from
superior election for the first
court members of the Monday in
General Assembly December next
immediately preceding after
election
the termination
of each regular term
Register of County At the regular Four years,
from
deeds election for the first
members of the Monday in
General Assembly December next
immediately after election
preceding the
termination of
each regular term
Sheriff County At the regular Four years,
from
election for the first
members of the Monday in
General Assembly December next
immediately after election
preceding the
termination of
each regular term
Coroner County At the regular Four years,
from
election for the first
members of the Monday in
General Assembly December next
immediately after election
preceding the
termination of
a regular term
County County Tuesday next after Two years, from
treasurer the first Monday the first
(in in November 1968 Monday in
counties in and every two December next
which years thereafter after election
elected)
All other County Tuesday next after Two years, from
county the first Monday the first
officers to in November 1968 Monday in
be elected and every two December next
by the years thereafter after election
people
(Const., art. 4, s. 24; 1901, c. 89, ss. 1, 2, 3, 4, 73, 74, 77;
Rev., ss. 4293, 4294, 4296, 4297, 4298, 4299; 1915, c. 101, s. 1;
1917, c. 218; C.S., ss. 5914, 5915, 5917, 5918, 5919, 5920, 6018;
1935, c. 362; 1939, c. 196; 1943, c. 134, s. 4; 1947, c. 505, s.
1; 1951, c. 1009, s. 2; 1953, c. 1191, s. 1; 1967, c. 775, s. 1;
cc. 1264, 1271; 1969, c. 44, s. 80; 1971, c. 170; 1973, c. 793,
s. 93; 1977, c. 265, s. 1; c. 661, s. 1; 1991 (Reg. Sess., 1992),
c. 782, s. 1; 1993 (Reg. Sess., 1994), c. 738, s. 2; 1996, 2nd
Ex. Sess., c. 9, s. 2.)
§ 163-2. Hours of primaries and elections.
In all primaries, general elections, special elections,
and referenda held in this State, including those held in and for
municipalities and special districts, the polls shall be open at
6:30 A.M., and shall be closed at 7:30 P.M.: Provided, however,
that at all voting places at which voting machines are used the
responsible county board of elections may permit the polls to
remain open until 8:30 P.M. (1929, c. 164, s. 33; 1937, cc. 258,
457; 1941, c. 222; 1955, c. 1064; 1967, c. 775, s. 1; 1971, c.
416; c. 1093, s. 18.1; 1973, c. 793, s. 1; 1991, c. 727, s. 2.)
§§ 163-3 through 163-7. Reserved for future codification
purposes.
Article 2.
Time of Elections to Fill Vacancies.
§ 163-8. Filling vacancies in State executive offices.
If the office of Governor or Lieutenant Governor shall
become vacant, the provisions of G.S. 147-11.1 shall apply. If
the office of any of the following officers shall be vacated by
death, resignation, or otherwise than by expiration of term, it
shall be the duty of the Governor to appoint another to serve
until his successor is elected and qualified: Secretary of State,
Auditor, Treasurer, Superintendent of Public Instruction,
Attorney General, Commissioner of Agriculture, Commissioner of
Labor, and Commissioner of Insurance. Each such vacancy shall be
filled by election at the first election for members of the
General Assembly that occurs more than 60 days after the vacancy
has taken place, and the person chosen shall hold the office for
the remainder of the unexpired four-year term: Provided, that
when a vacancy occurs in any of the offices named in this section
and the term expires on the first day of January succeeding the
next election for members of the General Assembly, the Governor
shall appoint to fill the vacancy for the unexpired term of the
office.
Upon the occurrence of a vacancy in the office of any one of
these officers for any of the causes stated in the preceding
paragraph, the Governor may appoint an acting officer to perform
the duties of that office until a person is appointed or elected
pursuant to this section and Article III, Section 7 of the State
Constitution, to fill the vacancy and is qualified. (1901, c. 89,
ss. 4, 73; Rev., s. 4299; C.S., s. 5920; 1967, c. 775, s. 1;
1981, c. 504, s. 14; 1983, c. 324, s. 1; 1985 (Reg. Sess., 1986),
c. 920, s. 5.)
§ 163-9. Filling vacancies in State and district judicial
offices.
(a)Vacancies occurring in the offices of Justice of the
Supreme Court, judge of the Court of Appeals, and judge of the
superior court for causes other than expiration of term shall be
filled by appointment of the Governor. An appointee to the office
of Justice of the Supreme Court or judge of the Court of Appeals
shall hold office until January 1 next following the election for
members of the General Assembly that is held more than 60 days
after the vacancy occurs, at which time an election shall be held
for an eight-year term and until a successor is elected and
qualified.
(b) Except for judges specified in the next paragraph of this
subsection, an appointee to the office of judge of superior court
shall hold his place until the next election for members of the
General Assembly that is held more than 60 days after the vacancy
occurs, at which time an election shall be held to fill the
unexpired term of the office.
Appointees for judges of the superior court from any district:
(1) With only one resident judge; or
(2) In which no county is subject to section 5 of the
Voting Rights Act of 1965,
shall hold the office until the next election of members of the
General Assembly that is held more than 60 days after the vacancy
occurs, at which time an election shall be held to fill an eight-
year term.
(c) When the unexpired term of the office in which the vacancy
has occurred expires on the first day of January succeeding the
next election for members of the General Assembly, the Governor
shall appoint to fill that vacancy for the unexpired term of the
office.
(d) Vacancies in the office of district judge which occur
before the expiration of a term shall not be filled by election.
Vacancies in the office of district judge shall be filled in
accordance with G.S. 7A-142. (1901, c. 89, ss. 4, 73; Rev. s.
4299; C.S., s. 5920; 1967, c. 775, s. 1; 1969, c. 44, s. 81;
1979, c. 494; 1981, c. 763, s. 3; 1985 (Reg. Sess., 1986), c.
920, s. 6; 1995, c. 98, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 21.)
§ 163-10. Filling vacancy in office of district attorney.
Any vacancy occurring in the office of district attorney
for causes other than expiration of term shall be filled by
appointment of the Governor. An appointee shall hold his place
until the next election for members of the General Assembly that
is held more than 60 days after the vacancy occurs, at which time
an election shall be held to fill the unexpired term of the
office: Provided, that when the unexpired term of the office in
which the vacancy has occurred expires on the first day of
January succeeding the next election for members of the General
Assembly, the Governor shall appoint to fill that vacancy for the
unexpired term of the office. (1901, c. 89, ss. 4, 73; Rev., s.
4299; C.S., s. 5920; 1967, c. 775, s. 1; 1973, c. 47, s. 2; 1977,
c. 265, s. 2; 1981, c. 504, s. 16; 1985 (Reg. Sess., 1986), c.
920, s. 7.)
§ 163-11. Filling vacancies in the General Assembly.
(a)If a vacancy shall occur in the General Assembly by
death, resignation, or otherwise than by expiration of term, the
Governor shall immediately appoint for the unexpired part of the
term the person recommended by the political party executive
committee provided by this section. The Governor shall make the
appointment within seven days of receiving the recommendation of
the appropriate committee. If the Governor fails to make the
appointment within the required period, he shall be presumed to
have made the appointment and the legislative body to which the
appointee was recommended is directed to seat the appointee as a
member in good standing for the duration of the unexpired term.
(b) If the district consists solely of one county and includes
all of that county, the Governor shall appoint the person
recommended by the county executive committee of the political
party with which the vacating member was affiliated when elected,
it being the party executive committee of the county which the
vacating member was resident.
(c) If the district consists solely of one county but includes
less than all of the county, the Governor shall appoint the
person recommended by the county executive committee of the
political party with which the vacating member was affiliated
when elected, it being the county executive committee of the
county which the vacating member was resident, provided that in
voting only those county executive committee members who reside
in the district shall be eligible to vote.
(d) If the district consists of more than one county, the
Governor shall appoint for the unexpired portion of the term the
person recommended by the State House of Representatives district
committee or the Senatorial district committee of the political
party with which the vacating member was affiliated when elected.
In the case where all of a county is included within a district,
the county convention or county executive committee of that
political party shall elect or appoint at least one member from
that county to serve on the State House of Representatives
district executive committee or State Senatorial district
executive committee. In the case where only part of a county is
included within a district, the county convention or county
executive committee of that political party shall elect or
appoint at least one member from that county to serve on the
State House of Representatives district committee or the State
Senatorial district committee, but only the delegates to the
county convention or the members of the county executive
committee who reside in the district may vote in electing the
district committee member. When the State House of
Representatives district committee or the State Senatorial
district committee meets, a member shall be entitled to cast for
his county (or the part of his county within the district) one
vote for each 300 persons or major fraction thereof residing
within that county, or in the case where less than the whole
county is in the district one vote for each 300 persons or major
fraction thereof residing in that part of the district within the
county.
A county convention or county executive committee may elect
more than one member to the district committee but in the event
that more than one member is selected from that county, then each
member shall cast an equal share of the votes allotted to the
county. (1901, c. 89, s. 74; Rev., s. 4298; C.S., s. 5919; 1947,
c. 505, s. 1; 1953, c. 1191, s. 1; 1967, c. 775, s. 1; 1973, c.
35; 1981, c. 504, s. 17; 1981 (Reg. Sess., 1982), c. 1265, s. 3.)
§ 163-12. Filling vacancy in United States Senate.
Whenever there shall be a vacancy in the office of United
States Senator from this State, whether caused by death,
resignation, or otherwise than by expiration of term, the
Governor shall appoint to fill the vacancy until an election
shall be held to fill the office. The Governor shall issue his
writ for the election of a Senator to be held at the time of the
first election for members of the General Assembly that is held
more than 60 days after the vacancy occurs. The person elected
shall hold the office for the remainder of the unexpired term.
The election shall take effect from the date of the canvassing of
the returns. (1913, c. 114, ss. 1, 2; C.S., ss. 6002, 6003; 1929,
c. 12, s. 2; 1955, c. 871, s. 6; 1967, c. 775, s. 1; 1981, c.
504, s. 18; 1985, c. 759, s. 2.)
§ 163-13. Filling vacancy in United States House of
Representatives.
(a)Special Election. – If at any time after expiration of
any Congress and before another election, or if at any time after
an election, there shall be a vacancy in this State's
representation in the House of Representatives of the United
States Congress, the Governor shall issue a writ of election, and
by proclamation fix the date on which an election to fill the
vacancy shall be held in the appropriate congressional district.
(b) Nominating Procedures. – If a congressional vacancy occurs
beginning on the tenth day before the filing period ends under
G.S. 163-106(c) preceding the next succeeding general election,
candidates for the special election to fill the vacancy shall not
be nominated in primaries. Instead, nominations may be made by
the political party congressional district executive committees
in the district in which the vacancy occurs. The chairman and
secretary of each political party congressional district
executive committee nominating a candidate shall immediately
certify his name and party affiliation to the State Board of
Elections so that it may be printed on the special election
ballots.
If the congressional vacancy occurs before the tenth day
before the filing period ends under G.S. 163-106(c) prior to the
next succeeding general election, the Governor shall call a
special primary for the purpose of nominating candidates to be
voted on in a special election called by the Governor in
accordance with the provisions of subsection (a) of this section.
Such a primary election shall be conducted in accordance with the
general laws governing primaries, except that the opening and
closing dates for filing notices of candidacy with the State
Board of Elections shall be fixed by the Governor in his call for
the special primary. The Governor may also fix the absentee
voting period for the special election and for the special first
primary, but such period shall not be less than 30 days. (1901,
c. 89, s. 60; Rev., s. 4369; C.S., s. 6007; 1947, c. 505, s. 5;
1967, c. 775, s. 1; 1985, c. 759, ss. 3-5.)
§§ 163-14 through 163-18. Reserved for future codification
purposes.
SUBCHAPTER II. ELECTION OFFICERS.
Article 3.
State Board of Elections.
§ 163-19. State Board of Elections; appointment; term of
office; vacancies; oath of office.
All of the terms of office of the present members of the
State Board of Elections shall expire on May 1, 1969, or when
their successors in office are appointed and qualified.
The State Board of Elections shall consist of five registered
voters whose terms of office shall begin on May 1, 1969, and
shall continue for four years, and until their successors are
appointed and qualified. The Governor shall appoint the members
of this Board and likewise shall appoint their successors every
four years at the expiration of each four-year term. Not more
than three members of the Board shall be members of the same
political party. The Governor shall appoint the members from a
list of nominees submitted to him by the State party chairman of
each of the two political parties having the highest number of
registered affiliates as reflected by the latest registration
statistics published by the State Board of Elections. Each party
chairman shall submit a list of five nominees who are affiliated
with that political party.
Any vacancy occurring in the Board shall be filled by the
Governor, and the person so appointed shall fill the unexpired
term. The Governor shall fill the vacancy from a list of three
nominees submitted to him by the State party chairman of the
political party that nominated the vacating member as provided by
the preceding paragraph. The three nominees must be affiliated
with that political party.
At the first meeting held after new appointments are made, the
members of the State Board of Elections shall take the following
oath:
"I, ______, do solemnly swear (or affirm) that I will
support the Constitution of the United States; that I
will be faithful and bear true allegiance to the State
of North Carolina, and to the constitutional powers and
authorities which are or may be established for the
government thereof; that I will endeavor to support,
maintain and defend the Constitution of said State, and
that I will well and truly execute the duties of the
office of member of the State Board of Elections
according to the best of my knowledge and ability,
according to law, so help me, God."
After taking the prescribed oath, the Board shall organize by
electing one of its members chairman and another secretary.
No person shall be eligible to serve as a member of the State
Board of Elections who holds any elective or appointive office
under the government of the United States, or of the State of
North Carolina or any political subdivision thereof. No person
who holds any office in a political party, or organization, or
who is a candidate for nomination or election to any office, or
who is a campaign manager or treasurer of any candidate in a
primary or election shall be eligible to serve as a member of the
State Board of Elections. (1901, c. 89, ss. 5, 7; Rev., ss. 2760,
4300, 4301; C.S., ss. 5921, 5922; 1933, c. 165, s. 1; 1953, c.
428; 1967, c. 775, s. 1; 1975, c. 286; 1985, c. 62, ss. 1, 1.1.)
§ 163-20. Meetings of Board; quorum; minutes.
(a)Call of Meeting. – The State Board of Elections shall
meet at the call of the chairman whenever necessary to discharge
the duties and functions imposed upon it by this Chapter. The
chairman shall call a meeting of the Board upon the written
application or applications of any two members thereof. If there
is no chairman, or if the chairman does not call a meeting within
three days after receiving a written request or requests from two
members, any three members of the Board shall have power to call
a meeting of the Board, and any duties imposed or powers
conferred on the Board by this Chapter may be performed or
exercised at that meeting, although the time for performing or
exercising the same prescribed by this Chapter may have expired.
(b) Place of Meeting. – Except as provided in subsection (c),
below, the State Board of Elections shall meet in its offices in
the City of Raleigh, or at another place in Raleigh to be
designated by the chairman. However, subject to the limitation
imposed by subsection (c), below, upon the prior written request
of any four members, the State Board of Elections shall meet at
any other place in the State designated by the four members.
(c) Meetings to Investigate Alleged Violations of This
Chapter. – When called upon to investigate or hear sworn alleged
violations of this Chapter, the State Board of Elections shall
meet and hear the matter in the county in which the violations
are alleged to have occurred.
(d) Quorum. – A majority of the members constitutes a quorum
for the transaction of business by the State Board of Elections.
If any member of the Board fails to attend a meeting, and by
reason thereof there is no quorum, the members present shall
adjourn from day to day for not more than three days, by the end
of which time, if there is no quorum, the Governor may summarily
remove any member failing to attend and appoint his successor.
(e) Minutes. – The State Board of Elections shall keep minutes
recording all proceedings and findings at each of its meetings.
The minutes shall be recorded in a book which shall be kept in
the office of the Board in Raleigh. (1901, c. 89, s. 7; Rev., ss.
2760, 4301, 4302; C.S., ss. 5922, 5923; 1933, c. 165, s. 1; 1945,
c. 982; 1967, c. 775, s. 1; 1973, c. 793, s. 3; c. 1223, s. 1.)
§ 163-21. Compensation of Board members.
The members of the State Board of Elections shall be
compensated for the time they are actually engaged in the
discharge of their duties and for their traveling and other
expenses necessary and incidental to the discharge of their
duties in accordance with the provisions of Chapter 138 of the
General Statutes. (1901, c. 89, s. 7; Rev., ss. 2760, 4301; C.S.,
s. 5922; 1933, c. 165, s. 1; 1967, c. 775, s. 1.)
§ 163-22. Powers and duties of State Board of Elections.
(a)The State Board of Elections shall have general
supervision over the primaries and elections in the State, and it
shall have authority to make such reasonable rules and
regulations with respect to the conduct of primaries and
elections as it may deem advisable so long as they do not
conflict with any provisions of this Chapter.
(b) From time to time, the Board shall publish and furnish to
the county and municipal boards of elections and other election
officials a sufficient number of indexed copies of all election
laws and Board rules and regulations then in force. It shall also
publish, issue, and distribute to the electorate such materials
explanatory of primary and election laws and procedures as the
Board shall deem necessary.
(c) The State Board of Elections shall appoint, in the manner
provided by law, all members of the county boards of elections
and advise them and municipal elections board members as to the
proper methods of conducting primaries and elections. The Board
shall require such reports from the county and municipal boards
and election officers as are provided by law, or as are deemed
necessary by the Board, and shall compel observance of the
requirements of the election laws by county and municipal boards
of elections and other election officers. In performing these
duties, the Board shall have the right to hear and act on
complaints arising by petition or otherwise, on the failure or
neglect of a county or municipal board of elections to comply
with any part of the election laws imposing duties upon such a
board. The State Board of Elections shall have power to remove
from office any member of a county or municipal board of
elections for incompetency, neglect or failure to perform duties,
fraud, or for any other satisfactory cause. Before exercising
this power, the State Board shall notify the county or municipal
board member affected and give him an opportunity to be heard.
When any county board member shall be removed by the State Board
of Elections, the vacancy occurring shall be filled by the State
Board of Elections. When any municipal board member shall be
removed by the State Board of Elections, the vacancy occurring
shall be filled by the city council of the city appointing
members of that board.
(d) The State Board of Elections shall investigate when
necessary or advisable, the administration of election laws,
frauds and irregularities in elections in any county and
municipality and special district, and shall report violations of
the election laws to the Attorney General or district attorney or
prosecutor of the district for further investigation and
prosecution.
(e) The State Board of Elections shall determine, in the
manner provided by law, the form and content of ballots,
instruction sheets, pollbooks, tally sheets, abstract and return
forms, certificates of election, and other forms to be used in
primaries and elections. The Board shall furnish to the county
boards of elections the registration application forms required
pursuant to G.S. 163-82.3. The State Board of Elections shall
direct the county boards of elections to purchase a sufficient
quantity of all forms attendant to the registration and elections
process. In addition, the State Board shall provide a source of
supply from which the county boards of elections may purchase the
quantity of pollbooks needed for the execution of its
responsibilities. In the preparation of ballots, pollbooks,
abstract and return forms, and all other forms, the State Board
of Elections may call to its aid the Attorney General of the
State, and it shall be the duty of the Attorney General to advise
and aid in the preparation of these books, ballots and forms.
(f) The State Board of Elections shall prepare, print,
distribute to the county and municipal boards of elections all
ballots for use in any primary or election held in the State
which the law provides shall be printed and furnished by the
State to the counties. The Board shall instruct the county boards
of elections as to the printing of county and local ballots.
(g) The State Board of Elections shall certify to the
appropriate county boards of elections the names of candidates
for district offices who have filed notice of candidacy with the
Board and whose names are required to be printed on county
ballots.
(h) It shall be the duty of the State Board of Elections to
tabulate the primary and election returns, to declare the
results, and to prepare abstracts of the votes cast in each
county in the State for offices which, according to law, shall be
tabulated by the Board.
(i) The State Board of Elections shall make recommendations to
the Governor and legislature relative to the conduct and
administration of the primaries and elections in the State as it
may deem advisable.
(j) Notwithstanding the provisions of any other section of
this Chapter, the State Board of Elections is empowered to have
access to any ballot boxes and their contents, any voting
machines and their contents, any registration records, pollbooks,
voter authorization cards or voter lists, any lists of absentee
voters, any lists of presidential registrants under the Voting
Rights Act of 1965 as amended, and any other voting equipment or
similar records, books or lists in any precinct, county,
municipality or electoral district over whose elections it has
jurisdiction or for whose elections it has responsibility.
(k) Notwithstanding the provisions contained in Article 20 or
Article 21 of Chapter 163 the State Board of Elections shall be
authorized, by resolution adopted prior to the printing of the
primary ballots, to reduce the time by which absentee ballots are
required to be printed and distributed for the primary election
from 50 days to 45 days. This authority shall not be authorized
for absentee ballots to be voted in the general election.
(l) Notwithstanding any other provision of law, in order to
obtain judicial review of any decision of the State Board of
Elections rendered in the performance of its duties or in the
exercise of its powers under this Chapter, the person seeking
review must file his petition in the Superior Court of Wake
County.
(m) The State Board of Elections shall issue rules to regulate
recounts held under the provisions of G.S. 163-179.1 or G.S. 163-
192.1.
(n) The State Board of Elections shall provide specific
training to county boards of elections regarding rules for
registering students.
(o) The State Board of Elections shall promulgate minimum
requirements for the number of pollbooks, voting machines and
curbside ballots to be available at each precinct, such that more
of such will be available at general elections and a sufficient
number will be available to allow voting without excessive delay.
The State Board of Elections shall provide for a training and
screening program for chief judges and judges. The State Board of
Elections shall provide additional testing of voting machines to
ensure that they operate properly even with complicated ballots.
The State Board of Elections shall require counties with
voting systems to have sufficient personnel available on election
day with technical expertise to make repairs in such equipment,
to investigate election day problems, and assist in curbside
voting. (1901, c. 89, ss. 7, 11; Rev., ss. 4302, 4305; 1913, c.
138; C.S., ss. 5923, 5926; 1921, c. 181, s. 1; 1923, c. 196;
1933, c. 165, ss. 1, 2; 1945, c. 982; 1953, c. 410, s. 2; 1967,
c. 775, s. 1; 1973, c. 47, s. 2; c. 793, s. 2; 1975, c. 19, s.
65; 1977, c. 661, s. 6; 1979, c. 411, s. 1; 1981, c. 556; 1985
(Reg. Sess., 1986), c. 986, ss. 2, 3; 1987, c. 485, ss. 2, 5; c.
509, s. 9; c. 642, s. 3; 1989, c. 635, s. 5; 1991, c. 727, ss.
5.2, 7; 1993 (Reg. Sess., 1994), c. 762, s. 12; 1995, c. 509, s.
114; 1999-424, s. 7(a).)
§ 163-22.1. Power of State Board to order new elections.
(a)State Board's Authority. – If the State Board of
Elections, acting upon the agreement of at least four of its
members, and after holding public hearings on election contests,
alleged election irregularities or fraud, or violations of
elections laws, determines that a new primary, general or special
election should be held, the Board may order that a new primary,
general or special election be held, either statewide, or in any
counties, electoral districts, special districts, or
municipalities over whose elections it has jurisdiction. The
State Board shall be authorized to order a new election without
conducting a public hearing provided a public hearing on the
allegations was held by the county or municipal board of
elections and the State Board is satisfied that such hearing gave
sufficient opportunity for presentation of evidence.
Any new primary, general or special election so ordered shall
be conducted under applicable constitutional and statutory
authority and shall be supervised by the State Board of Elections
and conducted by the appropriate elections officials.
The State Board of Elections has authority to adopt rules and
regulations and to issue orders to carry out its authority under
this section.
(b) Special Circumstances in Which New Election Shall Be
Called. – Notwithstanding the provisions of subsection (a) of
this section, if
(1) The number of ineligible voters who voted in the
election was sufficient to change the result of the
election; and
(2) The way those votes were cast cannot be determined
by examining the ballots,
then the person protesting the election shall have the right to a
new election.
(c) Special Circumstances in Which Tie Shall Be Declared. –
Notwithstanding the provisions of subsection (a) of this section,
if the circumstances described in subsection (b) of this section
obtain except that the number of ineligible voters was sufficient
to change the result to a tie but not result in a different
winner, then the person protesting the election shall have the
right to have a tie declared by the State Board. If a tie is
declared, the provisions of law governing tied elections shall
apply. (1973, c. 793, s. 5; 1983, c. 210; 1995 (Reg. Sess.,
1996), c. 694, s. 2; 1999-424, s. 1.)
§ 163-22.2. Power of State Board to promulgate temporary
rules and regulations.
In the event any portion of Chapter 163 of the General
Statutes or any State election law or form of election of any
county board of commissioners, local board of education, or city
officer is held unconstitutional or invalid by a State or federal
court or is unenforceable because of objection interposed by the
United States Justice Department under the Voting Rights Act of
1965 and such ruling adversely affects the conduct and holding of
any pending primary or election, the State Board of Elections
shall have authority to make reasonable interim rules and
regulations with respect to the pending primary or election as it
deems advisable so long as they do not conflict with any
provisions of Chapter 163 of the General Statutes and such rules
and regulations shall become null and void 60 days after the
convening of the next regular session of the General Assembly.
The State Board of Elections shall also be authorized, upon
recommendation of the Attorney General, to enter into agreement
with the courts in lieu of protracted litigation until such time
as the General Assembly convenes. (1981, c. 741; 1982, 2nd Ex.
Sess., c. 3, s. 19.1; 1985, c. 563, s. 15; 1986, Ex. Sess., c. 3,
s. 1.)
§ 163-23. Powers of chairman in execution of Board duties.
In the performance of the duties enumerated in this
Chapter, the chairman of the State Board of Elections shall have
power to administer oaths, issue subpoenas, summon witnesses, and
compel the production of papers, books, records and other
evidence. Upon the written request or requests of two or more
members of the State Board of Elections, he shall issue subpoenas
for designated witnesses or identified papers, books, records and
other evidence. In the absence of the chairman or upon his
refusal to act, any two members of the State Board of Elections
may issue subpoenas, summon witnesses, and compel the production
of papers, books, records and other evidence. In the absence of
the chairman or upon his refusal to act, any member of the Board
may administer oaths. (1901, c. 89, s. 7; Rev., s. 4302; C.S., s.
5923; 1933, c. 165, s. 1; 1945, c. 982; 1967, c. 775, s. 1; 1973,
c. 793, s. 4.)
§ 163-24. Power of State Board of Elections to maintain
order.
The State Board of Elections shall possess full power and
authority to maintain order, and to enforce obedience to its
lawful commands during its sessions, and shall be constituted an
inferior court for that purpose. If any person shall refuse to
obey the lawful commands of the State Board of Elections or its
chairman, or by disorderly conduct in its hearing or presence
shall interrupt or disturb its proceedings, it may, by an order
in writing, signed by its chairman, and attested by its
secretary, commit the person so offending to the common jail of
the county for a period not exceeding 30 days. Such order shall
be executed by any sheriff to whom the same shall be delivered,
or if a sheriff shall not be present, or shall refuse to act, by
any other person who shall be deputed by the State Board of
Elections in writing, and the keeper of the jail shall receive
the person so committed and safely keep him for such time as
shall be mentioned in the commitment: Provided, that any person
committed under the provisions of this section shall have the
right to post a two hundred dollar ($200.00) bond with the clerk
of the superior court and appeal to the superior court for a
trial on the merits of his commitment. (1901, c. 89, s. 72; Rev.,
s. 4376; C.S., s. 5977; 1955, c. 871, s. 4; 1967, c. 775, s. 1;
1995, c. 379, s. 14(e).)
§ 163-25. Authority of State Board to assist in litigation.
The State Board of Elections shall possess authority to
assist any county or municipal board of elections in any matter
in which litigation is contemplated or has been initiated,
provided, the county or municipal board of elections in such
county petitions, by majority resolution, for such assistance
from the State Board of Elections and, provided further, that the
State Board of Elections determines, in its sole discretion by
majority vote, to assist in any such matter. It is further
stipulated that the State Board of Elections shall not be
authorized under this provision to enter into any litigation in
assistance to counties, except in those instances where the
uniform administration of Chapter 163 of the General Statutes of
North Carolina has been, or would be threatened.
The Attorney General shall provide the State Board of
Elections with legal assistance in execution of its authority
under this section or, in his discretion, recommend that private
counsel be employed.
If the Attorney General recommends employment of private
counsel, the State Board may employ counsel with the approval of
the Governor. (1969, c. 408, s. 1; 1973, c. 793, s. 6; 1983, c.
324, s. 2.)
§ 163-26. Executive Secretary-Director of State Board of
Elections.
There is hereby created the position of Executive
Secretary- Director of the State Board of Elections, who shall
perform all duties imposed upon him by statute and such duties as
might be assigned to him by the State Board of Election
[Elections]. (1973, c. 1272, s. 4.)
§ 163-27. Executive Secretary-Director to be appointed by
Board.
The appointment of the Executive Secretary-Director of the
State Board of Elections is extended to May 15, 1989, unless
removed for proper cause, and thereafter the Board shall appoint
an Executive Secretary-Director for a term of four years with
compensation to be determined by the Department of Personnel. He
shall serve, unless removed for cause, until his successor is
appointed. Such Executive Secretary-Director shall be responsible
for staffing, administration, execution of the Board's decisions
and orders and shall perform such other responsibilities as may
be assigned by the Board. In the event of a vacancy, the vacancy
shall be filled for the remainder of the term. (1973, c. 1409, s.
3; 1985, c. 62, s. 2.)
§ 163-27.1. Emergency powers.
The Executive Secretary-Director, as chief State elections
official, may exercise emergency powers to conduct an election in
a district where the normal schedule for the election is
disrupted by any of the following:
(1) A natural disaster.
(2) Extremely inclement weather.
(3) An armed conflict involving United States armed
forces, or mobilization of those forces, including
State National Guard and reserve components.
In exercising those emergency powers, the Executive Secretary-
Director shall avoid unnecessary conflict with the provisions of
this Chapter. The Executive Secretary-Director shall adopt rules
describing the emergency powers and the situations in which the
emergency powers will be exercised. (1999-455, s. 23.)
§ 163-28. State Board of Elections independent agency.
The State Board of Elections shall be and remain an
independent regulatory and quasi-judicial agency and shall not be
placed within any principal administrative department. The State
Board of Elections shall exercise its statutory powers, duties,
functions, authority, and shall have all powers and duties
conferred upon the heads of principal departments under G.S. 143B-
10. (1973, c. 1409, s. 2.)
Article 4.
County Boards of Elections.
§ 163-30. County boards of elections; appointments; terms of
office; qualifications; vacancies; oath of office;
instructional meetings.
In every county of the State there shall be a county board
of elections, to consist of three persons of good moral character
who are registered voters in the county in which they are to act.
Members of county boards of elections shall be appointed by the
State Board of Elections on the last Tuesday in June 1985, and
every two years thereafter, and their terms of office shall
continue for two years from the specified date of appointment and
until their successors are appointed and qualified. Not more than
two members of the county board of elections shall belong to the
same political party.
No person shall be eligible to serve as a member of a county
board of elections who holds any elective office under the
government of the United States, or of the State of North
Carolina or any political subdivision thereof.
No person who holds any office in a state, congressional
district, county or precinct political party or organization, or
who is a campaign manager or treasurer of any candidate or
political party in a primary or election, shall be eligible to
serve as a member of a county board of elections, provided
however that the position of delegate to a political party
convention shall not be considered an office for the purpose of
this section.
No person shall be eligible to serve as a member of a county
board of elections who is a candidate for nomination or election.
No person shall be eligible to serve as a member of a county
board of elections who is the wife, husband, son, son-in-law,
daughter, daughter-in-law, mother, mother-in-law, father, father-
in-law, sister, sister-in-law, brother, brother-in-law, aunt,
uncle, niece, or nephew of any candidate for nomination or
election. Upon any member of the board of elections becoming
ineligible, that member's seat shall be declared vacant. This
paragraph only applies if the county board of elections is
conducting the election for which the relative is a candidate.
The State chairman of each political party shall have the
right to recommend to the State Board of Elections three
registered voters in each county for appointment to the board of
elections for that county. If such recommendations are received
by the Board 15 or more days before the last Tuesday in June
1985, and each two years thereafter, it shall be the duty of the
State Board of Elections to appoint the county boards from the
names thus recommended.
Whenever a vacancy occurs in the membership of a county board
of elections for any cause the State chairman of the political
party of the vacating member shall have the right to recommend
two registered voters of the affected county for such office, and
it shall be the duty of the State Board of Elections to fill the
vacancy from the names thus recommended.
At the meeting of the county board of elections required by
G.S. 163-31 to be held on Tuesday following the third Monday in
July in the year of their appointment the members shall take the
following oath of office:
"I, _________, do solemnly swear (or affirm) that
I will support the Constitution of the United States;
that I will be faithful and bear true allegiance to the
State of North Carolina and to the constitutional
powers and authorities which are or may be established
for the government thereof; that I will endeavor to
support, maintain and defend the Constitution of said
State, not inconsistent with the Constitution of the
United States; and that I will well and truly execute
the duties of the office of member of the __________
County Board of Elections to the best of my knowledge
and ability, according to law; so help me God."
Each member of the county board of elections shall attend each
instructional meeting held pursuant to G.S. 163-46, unless
excused for good cause by the chairman of the board, and shall be
paid the sum of twenty-five dollars ($25.00) per day for
attending each of those meetings. (1901, c. 89, ss. 6, 11; Rev.,
ss. 4303, 4304, 4305; 1913, c. 138; C.S., ss. 5924, 5925, 5926;
1921, c. 181, s. 1; 1923, c. 111, s. 1; c. 196; 1933, c. 165, s.
2; 1941, c. 305, s. 1; 1945, c. 758, ss. 1, 2; 1949, c. 672, s.
1; 1953, c. 410, ss. 1, 2; c. 1191, s. 2; 1955, c. 871, s. 1;
1957, c. 182, s. 1; 1959, c. 1203, s. 1; 1967, c. 775, s. 1;
1969, c. 208, s. 1; 1973, c. 793, s. 7; c. 1094; c. 1344, s. 4;
1975, c. 19, s. 66; c. 159, s. 1; 1981, c. 954, s. 1; 1983, c.
617, ss. 1, 2; 1985, c. 472, s. 4; 1997-211, s. 1.)
§ 163-31. Meetings of county boards of elections; quorum;
minutes.
In each county of the State the members of the county
board of elections shall meet at the courthouse or board office
at noon on the Tuesday following the third Monday in July in the
year of their appointment by the State Board of Elections and,
after taking the oath of office provided in G.S. 163-30, they
shall organize by electing one member chairman and another member
secretary of the county board of elections. On the Tuesday
following the third Monday in August of the year in which they
are appointed the county board of elections shall meet and
appoint precinct chief judges and judges of elections. The board
may hold other meetings at such times as the chairman of the
board, or any two members thereof, may direct, for the
performance of duties prescribed by law. A majority of the
members shall constitute a quorum for the transaction of board
business. The chairman shall notify, or cause to be notified, all
members regarding every meeting to be held by the board.
The county board of elections shall keep minutes recording all
proceedings and findings at each of its meetings. The minutes
shall be recorded in a book which shall be kept in the board
office and it shall be the responsibility of the secretary,
elected by the board, to keep the required minute book current
and accurate. The secretary of the board may designate the
director of elections to record and maintain the minutes under
his supervision. (1901, c. 89, s. 11; Rev., ss. 4304, 4306; C.S.,
ss. 5925, 5927; 1921, c. 181, s. 2; 1923, c. 111, s. 1; 1927, c.
260, s. 1; 1933, c. 165, s. 2; 1941, c. 305, s. 1; 1945, c. 758,
s. 2; 1953, c. 410, s. 1; c. 1191, s. 2; 1957, c. 182, s. 1;
1959, c. 1203, s. 1; 1966, Ex. Sess., c. 5, s. 2; 1967, c. 775,
s. 1; 1969, c. 208, s. 2; 1975, c. 159, s. 2; 1977, c. 626; 1983,
c. 617, s. 3; 1993 (Reg. Sess., 1994), c. 762, s. 13; 1995, c.
243, s. 1.)
§ 163-32. Compensation of members of county boards of
elections.
In full compensation of their services, members of the
county board of elections (including the chairman) shall be paid
by the county twenty-five dollars ($25.00) per meeting for the
time they are actually engaged in the discharge of their duties,
together with reimbursement of expenditures necessary and
incidental to the discharge of their duties; provided that
members are not entitled to be compensated for more than one
meeting held in any one 24-hour period. In its discretion, the
board of county commissioners of any county may pay the chairman
and members of the county board of elections compensation in
addition to the per meeting and expense allowance provided in
this paragraph.
In all counties the board of elections shall pay its clerk,
assistant clerks, and other employees such compensation as it
shall fix within budget appropriations. Counties which adopt full-
time and permanent registration shall have authority to pay
directors of elections whatever compensation they may fix within
budget appropriations. (1901, c. 89, s. 11; Rev., s. 4303; C.S.,
s. 5925; 1923, c. 111, s. 1; 1933, c. 165, s. 2; 1941, c. 305, s.
1; 1945, c. 758, s. 2; 1953, c. 410, s. 1; c. 843; c. 1191, s. 2;
1955, c. 800; 1957, c. 182, s. 1; 1959, c. 1203, s. 1; 1963, c.
303, s. 1; 1967, c. 775, s. 1; 1971, c. 1166, s. 1; 1973, c. 793,
s. 8; c. 1344, s. 5; 1977, c. 626, s. 1; 1991, c. 338, s. 1; 1993
(Reg. Sess., 1994), c. 762, s. 14; 1995, c. 243, s. 1.)
§ 163-33. Powers and duties of county boards of elections.
The county boards of elections within their respective
jurisdictions shall exercise all powers granted to such boards in
this Chapter, and they shall perform all the duties imposed upon
them by law, which shall include the following:
(1) To make and issue such rules, regulations, and
instructions, not inconsistent with law or the rules
established by the State Board of Elections, as it
may deem necessary for the guidance of election
officers and voters.
(2) To appoint all chief judges, judges, assistants, and
other officers of elections, and designate the
precinct in which each shall serve; and, after
notice and hearing, to remove any chief judge, judge
of elections, assistant, or other officer of
election appointed by it for incompetency, failure
to discharge the duties of office, failure to
qualify within the time prescribed by law, fraud, or
for any other satisfactory cause. In exercising the
powers and duties of this subdivision, the board may
act only when a majority of its members are present
at any meeting at which such powers or duties are
exercised.
(3) To investigate irregularities, nonperformance of
duties, and violations of laws by election officers
and other persons, and to report violations to the
State Board of Elections. In exercising the powers
and duties of this subdivision, the board may act
only when a majority of its members are present at
any meeting at which such powers or duties are
exercised. Provided that in any hearing on an
irregularity no board of elections shall consider as
evidence the testimony of a voter who cast a ballot,
which ballot that voter was not eligible to cast, as
to how that voter voted on that ballot.
(4) As provided in G.S. 163-128, to establish, define,
provide, rearrange, discontinue, and combine
election precincts as it may deem expedient, and to
fix and provide for places of registration and for
holding primaries and elections.
(5) To review, examine, and certify the sufficiency and
validity of petitions and nomination papers.
(6) To advertise and contract for the printing of
ballots and other supplies used in registration and
elections; and to provide for the delivery of
ballots, pollbooks, and other required papers and
materials to the voting places.
(7) To provide for the purchase, preservation, and
maintenance of voting booths, ballot boxes,
registration and pollbooks, maps, flags, cards of
instruction, and other forms, papers, and equipment
used in registration, nominations, and elections;
and to cause the voting places to be suitably
provided with voting booths and other supplies
required by law.
(8) To provide for the issuance of all notices,
advertisements, and publications concerning
elections required by law. If the election is on a
State bond issue, an amendment to the Constitution,
or approval of an act submitted to the voters of the
State, the State Board of Elections shall reimburse
the county boards of elections for their reasonable
additional costs in placing such notices,
advertisements, and publications. In addition, the
county board of elections shall give notice at least
20 days prior to the date on which the registration
books or records are closed that there will be a
primary, general or special election, the date on
which it will be held, and the hours the voting
places will be open for voting in that election. The
notice also shall describe the nature and type of
election, and the issues, if any, to be submitted to
the voters at that election. Notice shall be given
by advertisement at least once weekly during the 20-
day period in a newspaper having general circulation
in the county and by posting a copy of the notice at
the courthouse door. Notice may additionally be made
on a radio or television station or both, but such
notice shall be in addition to the newspaper and
other required notice. This subdivision shall not
apply in the case of bond elections called under the
provisions of Chapter 159.
(9) To receive the returns of primaries and elections,
canvass the returns, make abstracts thereof,
transmit such abstracts to the proper authorities,
and to issue certificates of election to county
officers and members of the General Assembly except
those elected in districts composed of more than one
county.
(10) To appoint and remove the board's clerk, assistant
clerks, and other employees; and to appoint and
remove precinct transfer assistants as provided in
G.S. 163-82.15(g).
(11) To prepare and submit to the proper appropriating
officers a budget estimating the cost of elections
for the ensuing fiscal year.
(12) To perform such other duties as may be prescribed by
this Chapter or the rules of the State Board of
Elections.
(13) Notwithstanding the provisions of any other section
of this Chapter, to have access to any ballot boxes
and their contents, any voting machines and their
contents, any registration records, pollbooks, voter
authorization cards or voter lists, any lists of
absentee voters, any lists of presidential
registrants under the Voting Rights Act of 1965 as
amended, and any other voting equipment or similar
records, books or lists in any precinct or
municipality over whose elections it has
jurisdiction or for whose elections it has
responsibility. (1901, c. 89, s. 11; Rev., s. 4306;
C.S., s. 5927; 1921, c. 181, s. 2; 1927, c. 260, s.
1; 1933, c. 165, s. 2; 1966, Ex. Sess., c. 5, s. 2;
1967, c. 775, s. 1; 1973, c. 793, ss. 9-11; 1983, c.
392, s. 1; 1989, c. 93, s. 1; 1993 (Reg. Sess.,
1994), c. 762, s. 15; 1995 (Reg. Sess., 1996), c.
694, s. 1; 1997-510, s. 1; 1999-424, s. 7(b).)
§ 163-33.1. Power of chairman to administer oaths.
The chairman of the county board of elections is
authorized to administer to election officials specified in G.S.
163-80 the required oath, and may also administer the required
oath to witnesses appearing before the county board at a duly
called public hearing. (1981, c. 154.)
§ 163-33.2. Chairman and county board to examine voting
machines.
Prior to each primary and general election the chairman
and members of the county board of elections, in counties where
voting machines are used, shall test vote, in a reasonable number
of combinations, no less than ten percent (10%) of all voting
machines programmed for each primary or election, such machines
to be selected at random by the board after programming has been
completed, and further, the board shall record the serial numbers
of the machines test voted in the official minutes of the board.
In the alternative, the board may cause the test voting required
herein to be performed by persons qualified to program and test
voting equipment. (1981, c. 303.)
§ 163-34. Power of county board of elections to maintain
order.
Each county board of elections shall possess full power to
maintain order, and to enforce obedience to its lawful commands
during its sessions, and shall be constituted an inferior court
for that purpose. If any person shall refuse to obey the lawful
commands of any county board of elections, or by disorderly
conduct in its hearing or presence shall interrupt or disturb its
proceedings, it may, by an order in writing, signed by its
chairman, and attested by its secretary, commit the person so
offending to the common jail of the county for a period not
exceeding 30 days. Such order shall be executed by any sheriff or
constable to whom the same shall be delivered, or if a sheriff or
constable shall not be present, or shall refuse to act, by any
other person who shall be deputed by the county board of
elections in writing, and the keeper of the jail shall receive
the person so committed and safely keep him for such time as
shall be mentioned in the commitment: Provided, that any person
committed under the provisions of this section shall have the
right to post a two hundred dollar ($200.00) bond with the clerk
of the superior court and appeal to the superior court for a
trial on the merits of his commitment. (1901, c. 89, s. 72; Rev.,
s. 4376; C. S., s. 5977; 1955, c. 871, s. 4; 1967, c. 775, s. 1.)
§ 163-35. Director of elections to county board of elections;
appointment; compensation; duties; dismissal.
(a)In the event a vacancy occurs in the office of county
director of elections in any of the county boards of elections in
this State, the county board of elections shall submit the name
of the person it recommends to fill the vacancy, in accordance
with provisions specified in this section, to the Executive
Secretary-Director of the State Board of Elections who shall
issue a letter of appointment. A person shall not serve as a
director of elections if he:
(1) Holds any elective public office;
(2) Is a candidate for any office in a primary or
election;
(3) Holds any office in a political party or committee
thereof;
(4) Is a campaign chairman or finance chairman for any
candidate for public office or serves on any
campaign committee for any candidate;
(5) Has been convicted of a felony in any court unless
his rights of citizenship have been restored
pursuant to the provisions of Chapter 13 of the
General Statutes of North Carolina;
(6) Has been removed at any time by the State Board of
Elections following a public hearing; or
(7) Is a member or a spouse, child, spouse of child,
parent, sister, or brother of a member of the county
board of elections by whom he would be employed.
(b) Appointment, Duties; Termination. – Upon receipt of a
nomination from the county board of elections stating that the
nominee for director of elections is submitted for appointment
upon majority selection by the county board of elections the
Executive Secretary-Director shall issue a letter of appointment
of such nominee to the chairman of the county board of elections
within 10 days after receipt of the nomination. Thereafter, the
county board of elections shall enter in its official minutes the
specified duties, responsibilities and designated authority
assigned to the director by the county board of elections. A copy
of the specified duties, responsibilities and designated
authority assigned to the director shall be filed with the State
Board of Elections.
The county board of elections may, by petition signed by a
majority of the board, recommend to the Executive Secretary-
Director of the State Board of Elections the termination of the
employment of the county board's director of elections. The
petition shall clearly state the reasons for termination. Upon
receipt of the petition, the Executive Secretary-Director shall
forward a copy of same by certified mail, return receipt
requested, to the county director of elections involved. The
county director of elections may reply to said petition within 15
days of receipt thereof. Within 20 days of receipt of the county
director of elections' reply or the expiration of the time period
allowed for the filing of said reply, the State Executive
Secretary-Director shall render a decision as to the termination
or retention of the county director of elections. The decision of
the Executive Secretary-Director of the State Board of Elections
shall be final unless such decision shall, within 20 days from
the official date on which it was made, be deferred by the State
Board of Elections, in which event a public hearing shall be
conducted by said State Board or any single member designated by
the remaining four members, in the county seat of the county
involved. Following the conduct of such public hearing and a
decision by the State Board of Elections, the chairman of said
Board shall notify the Executive Secretary-Director of the State
Board of Elections, in writing, of the decision resulting from
the public hearing. If the decision, rendered by the State Board
of Elections, results in concurrence with the decision entered by
the Executive Secretary-Director, the decision becomes final. If
the decision rendered by the Board is contrary to that entered by
the Executive Secretary-Director, then the Executive Secretary-
Director shall, within 15 days from the written notification,
enter an amended decision consistent with the results of the
decision by the State Board of Elections. The employment of any
director of elections presently employed or hereafter employed
shall not be terminated except in compliance with the procedures
herein prescribed. For the purposes of this subsection the
individual designated by the remaining four members of the State
Board shall possess the same authority conferred upon the
chairman pursuant to G.S. 163-23.
(c) (Effective until July 1, 2000) Compensation of
Directors of Elections. – Compensation paid to directors of
elections in all counties maintaining full-time registration
(five days per week) shall be in the form of a salary in an
amount recommended by the county board of elections and approved
by the Board of County Commissioners and shall be commensurate
with the salary paid to directors in counties similarly situated
and similar in population and number of registered voters.
Beginning July 1, 1991, in any county operating under modified
registration PLAN A, B, C, or D, the Board of County
Commissioners shall compensate the director of elections at a
minimum rate of eight dollars ($8.00) per hour for hours worked
in attendance to his or her duties as prescribed by law,
including rules and regulations adopted by the State Board of
Elections. In addition, the county shall pay to the director an
hourly wage of at least eight dollars ($8.00) per hour for all
hours worked in excess of those prescribed in rules and
regulations adopted by the State Board of Elections, when such
additional hours have been approved by the county board of
elections and such approval has been recorded in the official
minutes of the county board of elections.
In addition to the compensation provided for herein, the
director of elections to the county board of elections shall be
granted the same vacation leave, sick leave, and petty leave as
granted to all other county employees. It shall also be the
responsibility of the Board of County Commissioners to
appropriate sufficient funds to compensate a replacement for the
director of elections when authorized leave is taken.
(c) (Effective July 1, 2000) Compensation of Directors
of Elections. – Compensation paid to directors of elections in
all counties maintaining full-time registration (five days per
week) shall be in the form of a salary in an amount recommended
by the county board of elections and approved by the Board of
County Commissioners and shall be commensurate with the salary
paid to directors in counties similarly situated and similar in
population and number of registered voters.
The Board of County Commissioners in each county, whether or
not the county maintains full-time or modified full-time
registration, shall compensate the director of elections at a
minimum rate of twelve dollars ($12.00) per hour for hours worked
in attendance to his or her duties as prescribed by law,
including rules and regulations adopted by the State Board of
Elections. In addition, the county shall pay to the director an
hourly wage of at least twelve dollars ($12.00) per hour for all
hours worked in excess of those prescribed in rules and
regulations adopted by the State Board of Elections, when such
additional hours have been approved by the county board of
elections and such approval has been recorded in the official
minutes of the county board of elections.
In addition to the compensation provided for herein, the
director of elections to the county board of elections shall be
granted the same vacation leave, sick leave, and petty leave as
granted to all other county employees. It shall also be the
responsibility of the Board of County Commissioners to
appropriate sufficient funds to compensate a replacement for the
director of elections when authorized leave is taken.
(d) Duties. – The director of elections may be empowered by
the county board of elections to perform such administrative
duties as might be assigned by the board and the chairman. In
addition, the director of elections may be authorized by the
chairman to execute the responsibilities devolving upon the
chairman provided such authorization by any chairman shall in no
way transfer the responsibility for compliance with the law. The
chairman shall remain liable for proper execution of all matters
specifically assigned to him by law.
The county board of elections shall have authority, by
resolution adopted by majority vote, to delegate to its director
of elections so much of the administrative detail of the election
functions, duties, and work of the board, its officers and
members, as is now, or may hereafter be vested in the board or
its members as the county board of elections may see fit:
Provided, that the board shall not delegate to a director of
elections any of its quasi-judicial or policy-making duties and
authority. Within the limitations imposed upon him by the
resolution of the county board of elections the acts of a
properly appointed director of elections shall be deemed to be
the acts of the county board of elections, its officers and
members. (1953, c. 843; 1955, c. 800; 1963, c. 303, s. 1; 1967,
c. 775, s. 1; 1971, c. 1166, s. 2; 1973, c. 859, s. 1; 1975, c.
211, ss. 1, 2; c. 713; 1977, c. 265, s. 21; c. 626, s. 1; c.
1129, s. 1; 1981, cc. 84, 221; 1983, c. 697; 1985, c. 763; 1991,
c. 338, s. 2; 1993 (Reg. Sess., 1994), c. 762, s. 16; 1995, c.
243, s. 1; 1999-426, s. 7(a).)
§ 163-36. Modified full-time offices.
The State Board of Elections shall promulgate rules
permitting counties that have fewer than 6,501 registered voters
to operate a modified full-time elections office to the extent
that the operation of a full-time office is not necessary.
Nothing in this section shall preclude any county from keeping an
elections office open at hours consistent with the hours observed
by other county offices. (1993 (Reg. Sess., 1994), c. 762, s. 6;
1999-426, s. 8(a).)
§ 163-36. (V2)(Effective July 1, 2000) Modified full-time
offices.
The State Board of Elections shall promulgate rules
permitting counties that have fewer than 6,501 registered voters
to operate a modified full-time elections office to the extent
that the operation of a full-time office is not necessary.
Nothing in this section shall preclude any county from keeping an
elections office open at hours consistent with the hours observed
by other county offices. (1993 (Reg. Sess., 1994), c. 762, s. 6;
1999-426, s. 8(a).)
§ 163-37. Duty of county board of commissioners.
The respective boards of county commissioners shall
appropriate reasonable and adequate funds necessary for the legal
functions of the county board of elections, including reasonable
and just compensation of the director of elections. (1999-424, s.
3(a).)
SUBCHAPTER II. ELECTION OFFICERS.
Article 4A.
Political Activities by Board of Elections Members.
§ 163-38. Applicability of Article.
This Article applies to members of the State Board of
Elections and of each county and municipal board of elections.
With regard to prohibitions in this Article concerning
candidates, referenda, and committees, the prohibitions do not
apply if the candidate or referendum will not be on the ballot in
an area within the jurisdiction of the board, or if the political
committee or referendum committee is not involved with an
election or referendum that will be on the ballot in an area
within the jurisdiction of the board. (2000-114, s. 1.)
§ 163-39. Limitation on political activities.
No individual subject to this Article shall:
(1) Make written or oral statements intended for general
distribution or dissemination to the public at large
supporting or opposing the nomination or election of
one or more clearly identified candidates for public
office.
(2) Make written or oral statements intended for general
distribution or dissemination to the public at large
supporting or opposing the passage of one or more
clearly identified referendum proposals.
(3) Solicit contributions for a candidate, political
committee, or referendum committee.
Individual expressions of opinion, support, or opposition not
intended for general public distribution shall not be deemed a
violation of this Article. Nothing in this Article shall be
deemed to prohibit participation in a political party convention
as a delegate. Nothing in this Article shall be deemed to
prohibit a board member from making a contribution to a
candidate, political committee, or referendum committee. (2000-
114, s. 1.)
§ 163-40. Violation may be ground for removal.
A violation of this Article may be a ground to remove a
State Board of Elections member under G.S. 143B-16, a county
board of elections member under G.S. 163-22(c), or a municipal
board of elections member under G.S. 163-280(i). No criminal
penalty shall be imposed for a violation of this Article. (2000-
114, s. 1.)
§ 163-40.1. Definitions.
The provisions of Article 22A of this Chapter apply to the
definition and proof of terms used in this Article. (2000-114, s.
1.)
Article 5.
Precinct Election Officials.
§ 163-41. Precinct chief judges and judges of election;
appointment; terms of office; qualifications; vacancies;
oaths of office.
(a)Appointment of Chief Judge and Judges. – At the meeting
required by G.S. 163-31 to be held on the Tuesday following the
third Monday in August of the year in which they are appointed,
the county board of elections shall appoint one person to act as
chief judge and two other persons to act as judges of election
for each precinct in the county. Their terms of office shall
continue for two years from the specified date of appointment and
until their successors are appointed and qualified, except that
if a nonresident of the precinct is appointed as chief judge or
judge for a precinct, that person's term of office shall end if
the board of elections appoints a qualified resident of the
precinct of the same party to replace the nonresident chief judge
or judge. It shall be their duty to conduct the primaries and
elections within their respective precincts. Persons appointed to
these offices must be registered voters and residents of the
county in which the precinct is located, of good repute, and able
to read and write. Not more than one judge in each precinct
shall belong to the same political party as the chief judge.
The term "precinct official" shall mean chief judges and
judges appointed pursuant to this section, and all assistants
appointed pursuant to G.S. 163-42, unless the context of a
statute clearly indicates a more restrictive meaning.
No person shall be eligible to serve as a precinct official,
as that term is defined above, who holds any elective office
under the government of the United States, or of the State of
North Carolina or any political subdivision thereof.
No person shall be eligible to serve as a precinct official
who is a candidate for nomination or election.
No person shall be eligible to serve as a precinct official
who holds any office in a state, congressional district, county,
or precinct political party or political organization, or who is
a manager or treasurer for any candidate or political party,
provided however that the position of delegate to a political
party convention shall not be considered an office for the
purpose of this subsection.
The chairman of each political party in the county where
possible shall recommend two registered voters in each precinct
who are otherwise qualified, are residents of the precinct, have
good moral character, and are able to read and write, for
appointment as chief judge in the precinct, and he shall also
recommend where possible the same number of similarly qualified
voters for appointment as judges of election in that precinct. If
such recommendations are received by the county board of
elections no later than the fifth day preceding the date on which
appointments are to be made, it must make precinct appointments
from the names of those recommended. Provided that if only one
name is submitted by the fifth day preceding the date on which
appointments are to be made, by a party for judge of election by
the chairman of one of the two political parties in the county
having the greatest numbers of registered voters in the State,
the county board of elections must appoint that person.
If the recommendations of the party chairs for chief judge or
judge in a precinct are insufficient, the county board of
elections by unanimous vote of all of its members may name to
serve as chief judge or judge in that precinct registered voters
in that precinct who were not recommended by the party chairs.
If, after diligently seeking to fill the positions with
registered voters of the precinct, the county board still has an
insufficient number of officials for the precinct, the county
board by unanimous vote of all of its members may appoint to the
positions registered voters in other precincts in the same county
who meet the qualifications other than residence to be precinct
officials in the precinct, provided that where possible the
county board shall seek and adopt the recommendation of the
county chairman of the political party affected. In making its
appointments, the county board shall assure, wherever possible,
that no precinct has a chief judge and judges all of whom are
registered with the same party. In no instance shall the county
board appoint nonresidents of the precinct to a majority of the
three positions of chief judge and judge in a precinct.
If, at any time other than on the day of a primary or
election, a chief judge or judge of election shall be removed
from office, or shall die or resign, or if for any other cause
there be a vacancy in a precinct election office, the chairman of
the county board of elections shall appoint another in his place,
promptly notifying him of his appointment. If at all possible,
the chairman of the county board of elections shall consult with
the county chairman of the political party of the vacating
official, and if the chairman of the county political party
nominates a qualified voter of that precinct to fill the vacancy,
the chairman of the county board of elections shall appoint that
person. In filling such a vacancy, the chairman shall appoint a
person who belongs to the same political party as that to which
the vacating member belonged when appointed. If the chairman of
the county board of elections did not appoint a person upon
recommendation of the chairman of the party to fill such a
vacancy, then the term of office of the person appointed to fill
the vacancy shall expire upon the conclusion of the next canvass
held by the county board of elections under this Chapter, and any
successor must be a person nominated by the chairman of the party
of the vacating officer.
If any person appointed chief judge shall fail to be present
at the voting place at the hour of opening the polls on primary
or election day, or if a vacancy in that office shall occur on
primary or election day for any reason whatever, the precinct
judges of election shall appoint another to act as chief judge
until such time as the chairman of the county board of elections
shall appoint to fill the vacancy. If such appointment by the
chairman of the county board of elections is not a person
nominated by the county chairman of the political party of the
vacating officer, then the term of office of the person appointed
to fill the vacancy shall expire upon the conclusion of the next
canvass held by the county board of elections under this Chapter.
If a judge of election shall fail to be present at the voting
place at the hour of opening the polls on primary or election
day, or if a vacancy in that office shall occur on primary or
election day for any reason whatever, the chief judge shall
appoint another to act as judge until such time as the chairman
of the county board of elections shall appoint to fill the
vacancy. Persons appointed to fill vacancies shall, whenever
possible, be chosen from the same political party as the person
whose vacancy is being filled, and all such appointees shall be
sworn before acting.
As soon as practicable, following their training as prescribed
in G.S. 163-82.24, each chief judge and judge of election shall
take and subscribe the following oath of office to be
administered by an officer authorized to administer oaths and
file it with the county board of elections:
"I, __________, do solemnly swear (or affirm) that I will
support the Constitution of the United States; that I will be
faithful and bear true allegiance to the State of North Carolina,
and to the constitutional powers and authorities which are or may
be established for the government thereof; that I will endeavor
to support, maintain and defend the Constitution of said State
not inconsistent with the Constitution of the United States; that
I will administer the duties of my office as chief judge of
(judge of election in) ______precinct, __________County, without
fear or favor; that I will not in any manner request or seek to
persuade or induce any voter to vote for or against any
particular candidate or proposition; and that I will not keep or
make any memorandum of anything occurring within a voting booth,
unless I am called upon to testify in a judicial proceeding for a
violation of the election laws of this State; so help me, God."
Notwithstanding the previous paragraph, a person appointed
chief judge by the judges of election under this section, or
appointed judge of election by the chief judge under this section
may take the oath of office immediately upon appointment.
Before the opening of the polls on the morning of the primary
or election, the chief judge shall administer the oath set out in
the preceding paragraph to each assistant, and any judge of
election not previously sworn, substituting for the words "chief
judge of" the words "assistant in" or "judge of election in"
whichever is appropriate.
(b) Special Registration Commissioners Abolished; Optional
Training. – The office of special registration commissioner is
abolished. The State Board of Elections and county boards of
elections may provide training to persons assisting in voter
registration.
(b1)Repealed by Session Laws 1985, c. 387, s. 1.1.
(c) Publication of Names of Precinct Officials. – Immediately
after appointing chief judges and judges as herein provided, the
county board of elections shall publish the names of the persons
appointed in some newspaper having general circulation in the
county or, in lieu thereof, at the courthouse door, and shall
notify each person appointed of his appointment, either by letter
or by having a notice served upon him by the sheriff. Notice may
additionally be made on a radio or television station or both,
but such notice shall be in addition to the newspaper and other
required notice. (1901, c. 89, ss. 8, 9, 16; Rev., ss. 4307,
4308, 4309; C.S., ss. 5928, 5929, 5930; 1923, c. 111, s. 2; 1929,
c. 164, s. 18; 1933, c. 165, s. 3; 1947, c. 505, s. 2; 1953, c.
843; c. 1191, s. 3; 1955, c. 800; 1957, c. 784, s. 1; 1963, c.
303, s. 1; 1967, c. 775, s. 1; 1973, c. 435; c. 1223, s. 2; 1975,
c. 159, ss. 3, 4; c. 711; c. 807, s. 1; 1979, c. 766, s. 1; c.
782; 1981, c. 628, ss. 1, 2; c. 954, ss. 2, 4; 1981 (Reg. Sess.,
1982), c. 1265, s. 7; 1983, c. 617, s. 5; 1985, c. 387; c. 563,
ss. 9, 10; c. 600, s. 7.1; c. 759, ss. 7, 7.1, 8; 1987, c. 80; c.
491, s. 4.1; 1987 (Reg. Sess., 1988), c. 1028, s. 12; 1989, c.
93, s. 2; 1993 (Reg. Sess., 1994), c. 762, s. 3; 1995 (Reg.
Sess., 1996), c. 734, s. 1.)
§ 163-41.1. Certain relatives prohibited from serving
together.
(a)The following categories of relatives are prohibited
from serving as precinct officials of the same precinct: spouse,
child, spouse of a child, sister or brother.
(b) No precinct official who is the wife, husband, mother,
father, son, daughter, brother or sister of any candidate for
nomination or election may serve as precinct official during any
primary or election in which such candidate participates. The
county board of elections shall temporarily disqualify any such
official for the specific primary or election involved and shall
have authority to appoint a substitute official, from the same
political party, to serve only during the primary or election at
which such conflict exists. (1975, c. 745; 1979, c. 411, s. 2.)
§ 163-42. Assistants at polls; appointment; term of office;
qualifications; oath of office.
Each county and municipal board of elections is
authorized, in its discretion, to appoint two or more assistants
for each precinct to aid the chief judge and judges. Not more
than two assistants shall be appointed in precincts having 500 or
less registered voters. Assistants shall be qualified voters of
the county in which the precinct is located. When the board of
elections determines that assistants are needed in a precinct an
equal number shall be appointed from different political parties,
unless the requirement as to party affiliation cannot be met
because of an insufficient number of voters of different
political parties within the county.
In the discretion of the county board of elections, a precinct
assistant may serve less than the full day prescribed for chief
judges and judges in G.S. 163-47(a).
The chairman of each political party in the county shall have
the right to recommend from three to 10 registered voters in each
precinct for appointment as precinct assistants in that precinct.
If the recommendations are received by it no later than the
thirtieth day prior to the primary or election, the board shall
make appointments of the precinct assistants for each precinct
from the names thus recommended. If the recommendations of the
party chairs for precinct assistant in a precinct are
insufficient, the county board of elections by unanimous vote of
all of its members may name to serve as precinct assistant in
that precinct registered voters in that precinct who were not
recommended by the party chairs. If, after diligently seeking to
fill the positions with registered voters of the precinct, the
county board still has an insufficient number of precinct
assistants for the precinct, the county board by unanimous vote
of all of its members may appoint to the positions registered
voters in other precincts in the same county who meet the
qualifications other than residence to be precinct officials in
the precinct. In making its appointments, the county board shall
assure, wherever possible, that no precinct has precinct
officials all of whom are registered with the same party. In no
instance shall the county board appoint nonresidents of the
precinct to a majority of the positions as precinct assistant in
a precinct.
In addition, a county board of elections by unanimous vote of
all of its members may appoint any registered voter in the county
as emergency election-day assistant, as long as that voter is
otherwise qualified to be a precinct official. The State Board
of Elections shall determine for each election the number of
emergency election-day assistants each county may have, based on
population, expected turnout, and complexity of election duties.
The county board by unanimous vote of all of its members may
assign emergency election-day assistants on the day of the
election to any precinct in the county where the number of
precinct officials is insufficient because of an emergency
occurring within 48 hours of the opening of the polls that
prevents an appointed precinct official from serving. A person
appointed to serve as emergency election-day assistant shall be
trained and paid like other precinct assistants in accordance
with G.S. 163-46. A county board of elections shall apportion
the appointments as emergency election-day assistant among
registrants of each political party so as to make possible the
staffing of each precinct with officials of more than one party,
and the county board shall make assignments so that no precinct
has precinct officials all of whom are registered with the same
party.
Before entering upon the duties of the office, each assistant
shall take the oath prescribed in G.S. 163-41(a) to be
administered by the chief judge of the precinct for which the
assistant is appointed. Assistants serve for the particular
primary or election for which they are appointed, unless the
county board of elections appoints them for a term to expire on
the date appointments are to be made pursuant to G.S. 163-41.
(1929, c. 164, s. 35; 1933, c. 165, s. 24; 1953, c. 1191, s. 3;
1967, c. 775, s. 1; 1973, c. 793, s. 95; c. 1359, ss. 1-3; 1975,
c. 19, s. 67; 1977, c. 95, ss. 1, 2; 1981, c. 954, s. 3; 1983, c.
617, s. 4; 1985, c. 563, ss. 8, 8.1; 1993 (Reg. Sess., 1994), c.
762, s. 17; 1995 (Reg. Sess., 1996), c. 554, s. 1; c. 734, s. 2.)
§ 163-43. Ballot counters; appointment; qualifications; oath
of office.
The county board of elections of any county may authorize
the use of precinct ballot counters to aid the chief judges and
judges of election in the counting of ballots in any precinct or
precincts within the county. The county board of elections shall
appoint the ballot counters it authorizes for each precinct or,
in its discretion, the board may delegate authority to make such
appointments to the precinct chief judge, specifying the number
of ballot counters to be appointed for each precinct. A ballot
counter must be a resident of the county in which the precinct is
located.
No person shall be eligible to serve as a ballot counter, who
holds any elective office under the government of the United
States, or of the State of North Carolina or any political
subdivision thereof.
No person shall be eligible to serve as a ballot counter, who
serves as chairman of a state, congressional district, county, or
precinct political party or political organization.
No person who is the wife, husband, mother, father, son,
daughter, brother or sister of any candidate for nomination or
election may serve as ballot counter during any primary or
election in which such candidate qualifies.
No person shall be eligible to serve as a ballot counter who
is a candidate for nomination or election.
Upon acceptance of appointment, each ballot counter shall
appear before the precinct chief judge at the voting place
immediately at the close of the polls on the day of the primary
or election and take the following oath to be administered by the
chief judge:
"I, ___________, do solemnly swear (or affirm) that I will
support the Constitution of the United States; that I will be
faithful and bear true allegiance to the State of North Carolina,
and to the constitutional powers and authorities which are or may
be established for the government thereof; that I will endeavor
to support, maintain and defend the Constitution of said State
not inconsistent with the Constitution of the United States; that
I will honestly discharge the duties of ballot counter in ______
precinct, __________County for primary (or election) held this
day, and that I will fairly and honestly tabulate the votes cast
in said primary (or election); so help me, God."
The names and addresses of all ballot counters serving in any
precinct, whether appointed by the county board of elections or
by the chief judge, shall be reported by the chief judge to the
county board of elections at the county canvass following the
primary or election. (1953, c. 843; 1955, c. 800; 1963, c. 303,
s. 1; 1967, c. 775, s. 1; 1981, c. 954, s. 5; 1985, c. 563, s.
10.1; 1993 (Reg. Sess., 1994), c. 762, s. 18; 1995 (Reg. Sess.,
1996), c. 734, s. 3.)
§ 163-44. Repealed by Session Laws 1973, c. 793, s. 13.
§ 163-45. Observers; appointment.
The chairman of each political party in the county shall
have the right to designate two observers to attend each voting
place at each primary and election and such observers may, at the
option of the designating party chairman, be relieved during the
day of the primary or election after serving no less than four
hours and provided the list required by this section to be filed
by each chairman contains the names of all persons authorized to
represent such chairman's political party. Not more than two
observers from the same political party shall be permitted in the
voting enclosure at any time. This right shall not extend to the
chairman of a political party during a primary unless that party
is participating in the primary. In any election in which an
unaffiliated candidate is named on the ballot, the candidate or
the candidate's campaign manager shall have the right to appoint
two observers for each voting place consistent with the
provisions specified herein. Persons appointed as observers must
be registered voters of the county for which appointed and must
have good moral character. Observers shall take no oath of
office.
Individuals authorized to appoint observers must submit in
writing to the chief judge of each precinct a signed list of the
observers appointed for that precinct. Individuals authorized to
appoint observers must, prior to 10:00 A.M. on the fifth day
prior to any primary or general election, submit in writing to
the chairman of the county board of elections two signed copies
of a list of observers appointed by them, designating the
precinct for which each observer is appointed. Before the
opening of the voting place on the day of a primary or general
election, the chairman shall deliver one copy of the list to the
chief judge for each affected precinct. He shall retain the
other copy. The chairman, or the chief judge and judges for each
affected precinct, may for good cause reject any appointee and
require that another be appointed. The names of any persons
appointed in place of those persons rejected shall be furnished
in writing to the chief judge of each affected precinct no later
than the time for opening the voting place on the day of any
primary or general election, either by the chairman of the county
board of elections or the person making the substitute
appointment.
An observer shall do no electioneering at the voting place,
and he shall in no manner impede the voting process or interfere
or communicate with or observe any voter in casting his ballot,
but, subject to these restrictions, the chief judge and judges of
elections shall permit him to make such observation and take such
notes as he may desire.
Whether or not the observer attends to the polls for the
requisite time provided by this section, each observer shall be
entitled to obtain at times specified by the State Board of
Elections, but not less than three times during election day with
the spacing not less than one hour apart, a list of the persons
who have voted in the precinct so far in that election day.
Counties that use an "authorization to vote document" instead of
poll books may comply with the requirement in the previous
sentence by permitting each observer to inspect election records
so that the observer may create a list of persons who have voted
in the precinct so far that election day; each observer shall be
entitled to make the inspection at times specified by the State
Board of Elections, but not less than three times during election
day with the spacing not less than one hour apart. (1929, c. 164,
s. 36; 1953, c. 843; 1955, c. 800; c. 871, s. 7; 1959, c. 616, s.
2; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1973, c. 793, ss. 14,
94; 1977, c. 453; 1991, c. 727, s. 3; 1993 (Reg. Sess., 1994), c.
762, s. 19; 1995 (Reg. Sess., 1996), c. 688, s. 1; c. 734, s.
4.1.)
§ 163-46. Compensation of precinct officials and assistants.
The precinct chief judge shall be paid the state minimum
wage for his services on the day of a primary, special or general
election. Judges of election shall each be paid the state minimum
wage for their services on the day of a primary, special or
general election. Assistants, appointed pursuant to G.S. 163-42,
shall each be paid the state minimum wage for their services on
the day of a primary, special or general election. Ballot
counters appointed pursuant to G.S. 163-43 shall be paid a
minimum of five dollars ($5.00) for their services on the day of
a primary, general or special election.
Chief judges shall be paid the sum of twenty dollars ($20.00)
per day and judges shall be paid the sum of fifteen dollars
($15.00) per day for attendance at the county canvass, pursuant
to G.S. 163-173.
The chairman of the county board of elections, along with the
director of elections, shall conduct an instructional meeting
prior to each primary and general election which shall be
attended by each chief judge and judge of election, unless
excused by the chairman, and such precinct election officials
shall be paid the sum of fifteen dollars ($15.00) for attending
the instructional meetings required by this section.
In its discretion, the board of county commissioners of any
county may provide funds with which the county board of elections
may pay chief judges, judges, assistants, and ballot counters in
addition to the amounts specified in this section. Observers
shall be paid no compensation for their services.
A person appointed to serve as chief judge, or judge of
election when a previously appointed chief judge or judge fails
to appear at the voting place or leaves his post on the day of an
election or primary shall be paid the same compensation as the
chief judge or judge appointed prior to that date.
For the purpose of this section, the phrase "the State minimum
wage," means the amount set by G.S. 95-25.3(a). For the purpose
of this section, no other provision of Article 2A of Chapter 95
of the General Statutes shall apply. (1901, c. 89, s. 42; Rev.,
s. 4311; C.S., s. 5932; 1927, c. 260, s. 2; 1931, c. 254, s. 16;
1933, c. 165, s. 3; 1935, c. 421, s. 1; 1939, c. 264, s. 1; 1941,
c. 304, s. 1; 1945, c. 758, s. 3; 1947, c. 505, s. 11; 1951, c.
1009, s. 1; 1953, c. 843; 1955, c. 800; 1957, c. 182, s. 2; 1963,
c. 303, s. 1; 1967, c. 775, s. 1; 1969, c. 24; 1971, c. 604;
1973, c. 793, ss. 15, 16, 94; 1977, c. 626, s. 1; 1979, c. 403;
1981, c. 796, ss. 1, 2; 1993 (Reg. Sess., 1994), c. 762, s. 20;
1995, c. 243, s. 1.)
§ 163-47. Powers and duties of chief judges and judges of
election.
(a)The chief judges and judges of election shall conduct
the primaries and elections within their respective precincts
fairly and impartially, and they shall enforce peace and good
order in and about the place of registration and voting. On the
day of each primary and general and special election, the
precinct chief judge and judges shall remain at the voting place
from the time fixed by law for the commencement of their duties
there until they have completed all those duties, and they shall
not separate nor shall any one of them leave the voting place
except for unavoidable necessity.
(b) On the day of an election or primary, the chief judge
shall have charge of the registration list for the purpose of
passing on the registration of persons who present themselves at
the polls to vote.
(c) The chief judge and judges shall hear challenges of the
right of registered voters to vote as provided by law.
(d) The chief judge and judges shall count the votes cast in
their precincts and make such returns of the same as is provided
by law.
(e) The chief judge and judges shall make such an accounting
to the chairman of the county board of elections for ballots and
for election supplies as is required by law.
(f) The chief judge and judges of election shall act by a
majority vote on all matters not assigned specifically by law to
the chief judge or to a judge. (1901, c. 89, s. 41; Rev., s.
4312; C.S., s. 5933; 1933, c. 165, s. 3; 1939, c. 263, s. 31/2;
1947, c. 505, s. 3; 1967, c. 775, s. 1; 1973, c. 793, s. 17; 1993
(Reg. Sess., 1994), c. 762, s. 4.)
§ 163-48. Maintenance of order at place of registration and
voting.
The chief judge and judges of election shall enforce peace
and good order in and about the place of registration and voting.
They shall especially keep open and unobstructed the place at
which voters or persons seeking to register or vote have access
to the place of registration and voting. They shall prevent and
stop improper practices and attempts to obstruct, intimidate, or
interfere with any person in registering or voting. They shall
protect challenger and witnesses against molestation and violence
in the performance of their duties, and they may eject from the
place of registration or voting any challenger or witness for
violation of any provisions of the election laws. They shall
prevent riots, violence, tumult, or disorder.
In the discharge of the duties prescribed in the preceding
paragraph of this section, the chief judge and judges may call
upon the sheriff, the police, or other peace officers to aid them
in enforcing the law. They may order the arrest of any person
violating any provision of the election laws, but such arrest
shall not prevent the person arrested from registering or voting
if he is entitled to do so. The sheriff, police officers, and
other officers of the peace shall immediately obey and aid in the
enforcement of any lawful order made by the precinct election
officials in the enforcement of the election laws. The chief
judge and judges of election of any precinct, or any two of such
election officials, shall have the authority to deputize any
person or persons as police officers to aid in maintaining order
at the place of registration or voting. (1901, c. 89, s. 72;
Rev., s. 4376; C.S., s. 5977; 1955, c. 871, s. 4; 1967, c. 775,
s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 21.)
§§ 163-49 through 163-53. Reserved for future codification
purposes.
SUBCHAPTER III. QUALIFYING TO VOTE.
Article 6.
Qualifications of Voters.
§ 163-54. Registration a prerequisite to voting.
Only such persons as are legally registered shall be
entitled to vote in any primary or election held under this
Chapter. (1901, c. 89, s. 12; Rev., s. 4317; C. S., s. 5938;
1967, c. 775, s. 1.)
§ 163-55. Qualifications to vote; exclusion from electoral
franchise.
Every person born in the United States, and every person
who has been naturalized, and who shall have resided in the State
of North Carolina and in the precinct in which he offers to
register and vote for 30 days next preceding the ensuing
election, shall, if otherwise qualified as prescribed in this
Chapter, be qualified to register and vote in the precinct in
which he resides: Provided, that removal from one precinct to
another in this State shall not operate to deprive any person of
the right to vote in the precinct from which he has removed until
30 days after his removal.
The following classes of persons shall not be allowed to
register or vote in this State:
(1) Persons under 18 years of age.
(2) Any person adjudged guilty of a felony against this
State or the United States, or adjudged guilty of a
felony in another state that also would be a felony
if it had been committed in this State, unless that
person shall be first restored to the rights of
citizenship in the manner prescribed by law. (19th
amendt. U. S. Const.; amendt. State Const., 1920;
1901, c. 89, ss. 14, 15; Rev., ss. 4315, 4316; C.S.,
ss. 5936, 5937; Ex. Sess. 1920, c. 18, s. 1; 1933,
c. 165, s. 4; 1945, c. 758, s. 7; 1955, c. 871, s.
2; 1967, c. 775, s. 1; 1971, c. 1231, s. 1; 1973, c.
793, s. 18.)
§ 163-56. Repealed by Session Laws 1973, c. 793, s. 19.
§ 163-57. Residence defined for registration and voting.
All election officials in determining the residence of a
person offering to register or vote, shall be governed by the
following rules, so far as they may apply:
(1) That place shall be considered the residence of a
person in which his habitation is fixed, and to
which, whenever he is absent, he has the intention
of returning.
(2) A person shall not be considered to have lost his
residence who leaves his home and goes into another
state or county of this State, for temporary
purposes only, with the intention of returning.
(3) A person shall not be considered to have gained a
residence in any county of this State, into which he
comes for temporary purposes only, without the
intention of making such county his permanent place
of abode.
(4) If a person removes to another state or county
within this State, with the intention of making such
state or county his permanent residence, he shall be
considered to have lost his residence in the state
or county from which he has removed.
(5) If a person removes to another state or county
within this State, with the intention of remaining
there an indefinite time and making such state or
county his place of residence, he shall be
considered to have lost his place of residence in
this State or the county from which he has removed,
notwithstanding he may entertain an intention to
return at some future time.
(6) If a person goes into another state or county, or
into the District of Columbia, and while there
exercises the right of a citizen by voting in an
election, he shall be considered to have lost his
residence in this State or county.
(7) School teachers who remove to a county for the
purpose of teaching in the schools of that county
temporarily and with the intention or expectation of
returning during vacation periods to live in the
county in which their parents or other relatives
reside, and who do not have the intention of
becoming residents of the county to which they have
moved to teach, for purposes of registration and
voting shall be considered residents of the county
in which their parents or other relatives reside.
(8) If a person removes to the District of Columbia or
other federal territory to engage in the government
service, he shall not be considered to have lost his
residence in this State during the period of such
service unless he votes there, and the place at
which he resided at the time of his removal shall be
considered and held to be his place of residence.
(9) If a person removes to a county to engage in the
service of the State government, he shall not be
considered to have lost his residence in the county
from which he removed, unless he demonstrates a
contrary intention.
(10) For the purpose of voting a spouse shall be eligible
to establish a separate domicile.
(11) So long as a student intends to make his home in the
community where he is physically present for the
purpose of attending school while he is attending
school and has no intent to return to his former
home after graduation, he may claim the college
community as his domicile. He need not also intend
to stay in the college community beyond graduation
in order to establish his domicile there. This
subdivision is intended to codify the case law.
(19th amendt. U.S. Const.; amendt. State Const.,
1920; 1901, c. 89, s. 15; Rev., s. 4316; C.S., s.
5937; Ex. Sess. 1920, c. 18, s. 1; 1933, c. 165, s.
4; 1945, c. 758, s. 7; 1955, c. 871, s. 2; 1967, c.
775, s. 1; 1981, c. 184; 1991, c. 727, s. 5.1; 1993
(Reg. Sess., 1994), c. 762, s. 22.)
§ 163-58: Repealed by Session Laws 1985, c. 563, s. 3.
§ 163-59. Right to participate or vote in party primary.
No person shall be entitled to vote or otherwise
participate in the primary election of any political party unless
he
(1) Is a registered voter, and
(2) Has declared and has had recorded on the
registration book or record the fact that he
affiliates with the political party in whose primary
he proposes to vote or participate, and
(3) Is in good faith a member of that party.
Notwithstanding the previous paragraph, any unaffiliated voter
who is authorized under G.S. 163-116 may also vote in the primary
if the voter is otherwise eligible to vote in that primary except
for subdivisions (2) and (3) of the previous paragraph.
Any person who will become qualified by age or residence to
register and vote in the general election or regular municipal
election for which the primary is held, even though not so
qualified by the date of the primary, shall be entitled to
register for the primary and general or regular municipal
election prior to the primary and then to vote in the primary
after being registered. Such person may register not earlier than
60 days nor later than the last day for making application to
register under G.S. 163-82.6(c) prior to the primary. In
addition, persons who will become qualified by age to register
and vote in the general election or regular municipal election
for which the primary is held, who do not register during the
special period may register to vote after such period as if they
were qualified on the basis of age, but until they are qualified
by age to vote, they may vote only in primary elections. (1915,
c. 101, s. 5; 1917, c. 218; C.S., s. 6027; 1959, c. 1203, s. 6;
1967, c. 775, s. 1; 1971, c. 1166, s. 4; 1973, c. 793, s. 20;
1981, c. 33, s. 1; 1983, c. 324, s. 3; 1987, c. 408, s. 4; c.
457, s. 1; 1991 (Reg. Sess., 1992), c. 1032, s. 5; 1993 (Reg.
Sess., 1994), c. 762, s. 23.)
§§ 163-60 through 163-64. Reserved for future codification
purposes.
Article 7.
Registration of Voters.
§§ 163-65 through 163-82: Repealed by Session Laws 1993 (Reg.
Sess., 1994), c. 762, s. 1.
Article 7A.
Registration of Voters.
§ 163-82.1. General principles of voter registration.
(a)Prerequisite to Voting. – No person shall be permitted
to vote who has not been registered under the provisions of this
Article or registered as previously provided by law.
(b) County Board's Duty to Register. – A county board of
elections shall register, in accordance with this Article, every
person qualified to vote in that county who makes an application
in accordance with this Article.
(c) Permanent Registration. – Every person registered to vote
by a county board of elections in accordance with this Article
shall remain registered until:
(1) The registrant requests in writing to the county
board of elections to be removed from the list of
registered voters; or
(2) The registrant becomes disqualified through death,
conviction of a felony, or removal out of the
county; or
(3) The county board of elections determines, through
the procedure outlined in G.S. 163-82.14, that it
can no longer confirm where the voter resides.
(1953, c. 843; 1955, c. 800; 1963, c. 303, s. 1;
1965, c. 1116, s. 1; 1967, c. 775, s. 1; 1973, c.
793, s. 25; 1975, c. 395; 1981, c. 39, s. 1; c. 87,
s. 1; c. 308, s. 1; 1985, c. 211, ss. 1, 2; 1993
(Reg. Sess., 1994), c. 762, s. 2.)
§ 163-82.2. Chief State Election Official.
The Executive Secretary-Director of the State Board of
Elections is the "Chief State Election Official" of North
Carolina for purposes of P.L. 103-31, The National Voter
Registration Act of 1993, subsequently referred to in this
Article as the "National Voter Registration Act". As such the
Executive Secretary-Director is responsible for coordination of
State responsibilities under the National Voter Registration Act.
(1993 (Reg. Sess., 1994), c. 762, s. 2.)
§ 163-82.3. Voter registration application forms.
(a)Form Developed by State Board of Elections. – The State
Board of Elections shall develop an application form for voter
registration. Any person may use the form to apply to do any of
the following:
(1) Register to vote;
(2) Change party affiliation or unaffiliated status;
(3) Report a change of address within a county;
(4) Report a change of name.
The county board of elections for the county where the
applicant resides shall accept the form as application for any of
those purposes if the form is submitted as set out in G.S. 163-
82.3.
(b) Interstate Form. – The county board of elections where an
applicant resides shall accept as application for any of the
purposes set out in subsection (a) of this section the interstate
registration form designed by the Federal Election Commission
pursuant to section 9 of the National Voter Registration Act, if
the interstate form is submitted in accordance with G.S. 163-
82.6.
(c) Agency Application Form. – The county board of elections
where an applicant resides shall accept as application for any of
the purposes set out in subsection (a) of this section a form
developed pursuant to G.S. 163-82.19 or G.S. 163-82.20. (1991
(Reg. Sess., 1992), c. 1044, s. 18(a); 1993, c. 74, s. 1; 1993
(Reg. Sess., 1994), c. 762, s. 2.)
§ 163-82.4. Contents of application form.
(a)(Effective until January 1, 2002) Information
Requested of Applicant. – The form required by G.S. 163-82.3(a)
shall request the applicant's:
(1) Name,
(2) Date of birth,
(3) Residence address,
(4) County of residence,
(5) Date of application,
(6) Gender,
(7) Race,
(8) Political party affiliation, if any, in accordance
with subsection (c) of this section,
(9) Telephone number (to assist the county board of
elections in contacting the voter if needed in
processing the application),
and any other information the State Board finds is necessary to
enable officials of the county where the person resides to
satisfactorily process the application. The form shall require
the applicant to state whether currently registered to vote
anywhere, and at what address, so that any prior registration can
be cancelled. The county board shall make a diligent effort to
complete for the registration records any information requested
on the form that the applicant does not complete, but no
application shall be denied because an applicant does not state
race, gender, or telephone number. The application shall
conspicuously state that provision of the applicant's telephone
number is optional. If the county board maintains voter records
on computer, the free list provided under this subsection shall
include telephone numbers if the county board enters the
telephone number into its computer records of voters.
(a) (Effective January 1, 2002) Information Requested
of Applicant. – The form required by G.S. 163-82.3(a) shall
request the applicant's:
(1) Name,
(2) Date of birth,
(3) Residence address,
(4) County of residence,
(5) Date of application,
(6) Gender,
(7) Race,
(7a) Ethnicity,
(8) Political party affiliation, if any, in accordance
with subsection (c) of this section,
(9) Telephone number (to assist the county board of
elections in contacting the voter if needed in
processing the application),
and any other information the State Board finds is necessary to
enable officials of the county where the person resides to
satisfactorily process the application. The form shall require
the applicant to state whether currently registered to vote
anywhere, and at what address, so that any prior registration can
be cancelled. The portions of the form concerning race and
ethnicity shall include as a choice any category shown by the
most recent decennial federal census to compose at least one
percent (1%) of the total population of North Carolina. The
county board shall make a diligent effort to complete for the
registration records any information requested on the form that
the applicant does not complete, but no application shall be
denied because an applicant does not state race, ethnicity,
gender, or telephone number. The application shall conspicuously
state that provision of the applicant's telephone number is
optional. If the county board maintains voter records on
computer, the free list provided under this subsection shall
include telephone numbers if the county board enters the
telephone number into its computer records of voters.
(b) Notice of Requirements, Attestation, Notice of Penalty,
and Notice of Confidentiality. – The form required by G.S. 163-
82.3(a) shall contain, in uniform type, the following:
(1) A statement that specifies each eligibility
requirement (including citizenship) and an
attestation that the applicant meets each such
requirement, with a requirement for the signature of
the applicant, under penalty of a Class I felony
under G.S. 163-275(4).
(2) A statement that, if the applicant declines to
register to vote, the fact that the applicant has
declined to register will remain confidential and
will be used only for voter registration purposes.
(3) A statement that, if the applicant does register to
vote, the office at which the applicant submits a
voter registration application will remain
confidential and will be used only for voter
registration purposes.
(c) Party Affiliation or Unaffiliated Status. – The
application form described in G.S. 163-82.3(a) shall provide a
place for the applicant to state a preference to be affiliated
with one of the political parties in G.S. 163-96, or a preference
to be an "unaffiliated" voter. Every person who applies to
register shall state his preference. If the applicant fails to
declare a preference for a party or for unaffiliated status, that
person shall be listed as "unaffiliated", except that if the
person is already registered to vote in the county and that
person's registration already contains a party affiliation, the
county board shall not change the registrant's status to
"unaffiliated" unless the registrant clearly indicates a desire
in accordance with G.S. 163-82.17 for such a change. An
unaffiliated registrant shall not be eligible to vote in any
political party primary, except as provided in G.S. 163-119, but
may vote in any other primary or general election. The
application form shall so state. (1901, c. 89, s. 12; Rev., s.
4319; C.S., s. 5940; Ex. Sess. 1920, c. 93; 1933, c. 165, s. 5;
1951, c. 984, s. 1; 1953, c. 843; 1955, c. 800; c. 871, s. 2;
1957, c. 784, s. 2; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1971,
c. 1166, s. 6; 1973, c. 793, s. 27; c. 1223, s. 3; 1975, c. 234,
s. 2; 1979, c. 135, s. 1; c. 539, ss. 1-3; c. 797, ss. 1, 2;
1981, c. 222; c. 308, s. 2; 1991 (Reg. Sess., 1992), c. 1044, s.
18(a); 1993, c. 74, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 2;
1999-424, s. 7(c), (d); 1999-453, s. 8(a).)
§ 163-82.5. Distribution of application forms.
The State Board of Elections shall make the forms
described in G.S. 163-82.3 available for distribution through
governmental and private entities, with particular emphasis on
making them available for organized voter registration drives.
(1991 (Reg. Sess., 1992), c. 1044, s. 18(a); 1993, c. 74, s. 1;
1993 (Reg. Sess., 1994), c. 762, s. 2.)
§ 163-82.6. Acceptance of application forms.
(a)How the Form May Be Submitted. – The county board of
elections shall accept any form described in G.S. 163-82.3 if the
applicant submits the form by mail or in person. The applicant
may delegate the submission of the form to another person. Any
person who communicates to an applicant acceptance of that
delegation shall deliver that form so that it is received by the
appropriate county board of elections in time to satisfy the
registration deadline in subdivision (1) or (2) of subsection (c)
of this section for the next election. It shall be a Class 2
misdemeanor for any person to communicate to the applicant
acceptance of that delegation and then fail to make a good faith
effort to deliver the form so that it is received by the county
board of elections in time to satisfy the registration deadline
in subdivision (1) or (2) of subsection (c) of this section for
the next election. It shall be an affirmative defense to a charge
of failing to make a good faith effort to deliver a delegated
form by the registration deadline that the delegatee informed the
applicant that the form would not likely be delivered in time for
the applicant to vote in the next election. It shall be a Class 2
misdemeanor for any person to sell or attempt to sell a completed
voter registration form or to condition its delivery upon
payment.
(b) Signature. – The form shall be valid only if signed by the
applicant.
(c) Registration Deadlines for an Election. – In order to be
valid for an election, the form:
(1) If submitted by mail, must be postmarked at least 25
days before the election, except that any mailed
application on which the postmark is missing or
unclear is validly submitted if received in the mail
not later than 20 days before the election,
(2) If submitted in person, must be received by the
county board of elections by 5:00 p.m. on the twenty-
fifth day before the election,
(3) If submitted through a delegatee who violates the
duty set forth in subsection (a) of this section,
must be signed by the applicant and given to the
delegatee not later than 25 days before the
election,
except as provided in subsection (d) of this section.
(d) Instances When Person May Register and Vote on Election
Day. – If a person has become qualified to register and vote
between the twenty-fifth day before an election and election day,
then that person may apply to register on election day by
submitting an application form described in G.S. 163-82.3(a) or
(b) to:
(1) A member of the county board of elections;
(2) The county director of elections; or
(3) The chief judge or a judge of the precinct in which
the person is eligible to vote,
and, if the application is approved, that person may vote the
same day. The official in subdivisions (1) through (3) of this
subsection to whom the application is submitted shall decide
whether the applicant is eligible to vote. The applicant shall
present to the official written or documentary evidence that the
applicant is the person he represents himself to be. The
official, if in doubt as to the right of the applicant to
register, may require other evidence satisfactory to that
official as to the applicant's qualifications. If the official
determines that the person is eligible, the person shall be
permitted to vote in the election and the county board shall add
the person's name to the list of registered voters. If the
official denies the application, the person shall be permitted to
vote a challenged ballot under the provisions of G.S. 163-88.1,
and may appeal the denial to the full county board of elections.
The State Board of Elections shall promulgate rules for the
county boards of elections to follow in hearing appeals for
denial of election-day applications to register. No person shall
be permitted to register on the day of a second primary unless he
shall have become qualified to register and vote between the date
of the first primary and the date of the succeeding second
primary.
(e) For purposes of subsection (d) of this section, persons
who "become qualified to register and vote" during a time period:
(1) Include those who during that time period are
naturalized as citizens of the United States or who
are restored to citizenship after a conviction of a
felony; but
(2) Do not include persons who reach the age of 18
during that time period, if those persons were
eligible to register while 17 years old during an
earlier period. (1901, c. 89, ss. 18, 21; Rev., ss.
4322, 4323; C.S., ss. 5946, 5947; 1923, c. 111, s.
3; 1933, c. 165, s. 5; 1947, c. 475; 1953, c. 843;
1955, c. 800; 1957, c. 784, ss., 3, 4; 1961, c. 382;
1963, c. 303, ss. 1, 2; 1967, c. 761, s. 3; c. 775,
s. 1; 1969, c. 750, ss. 1, 2; 1977, c. 626, s. 1;
1979, c. 539, s. 5; c. 766, s., 2; 1981, c. 33, s.
2; 1981 (Reg. Sess., 1982), c. 1265, s. 6; 1983, c.
553; 1985, c. 260, s. 1; 1991, c. 363, s. 1; 1991
(Reg. Sess., 1992), c. 1032, s. 1; 1991 (Reg. Sess.,
1992), c. 1044, s. 18(a); 1993, c. 74, s. 1; 1993
(Reg. Sess., 1994), c. 762, s. 2; 1995, c. 243, s.
1; 1997-456, s. 27; 1999-426, s. 1(a), (b).)
§ 163-82.7. Verification of qualifications and address of
applicant; denial or approval of application.
(a)Tentative Determination of Qualification. – When a
county board of elections receives an application for
registration submitted pursuant to G.S. 163-82.6, the board
either:
(1) Shall make a determination that the applicant is not
qualified to vote at the address given, or
(2) Shall make a tentative determination that the
applicant is qualified to vote at the address given,
subject to the mail verification notice procedure
outlined in subsection (c) of this section
within a reasonable time after receiving the application.
(b) Denial of Registration. – If the county board of elections
makes a determination pursuant to subsection (a) of this section
that the applicant is not qualified to vote at the address given,
the board shall send, by certified mail, a notice of denial of
registration. The notice of denial shall contain the date on
which registration was denied, and shall be mailed within two
business days after denial. The notice of denial shall inform the
applicant of alternatives that the applicant may pursue to
exercise the franchise. If the applicant disagrees with the
denial, the applicant may appeal the decision under G.S. 163-
82.18.
(c) Verification of Address by Mail. – If the county board of
elections tentatively determines that the applicant is qualified
to vote at the address given, then the county board shall send a
notice to the applicant, by nonforwardable mail, at the address
the applicant provides on the application form. The notice shall
state that the county will register the applicant to vote if the
Postal Service does not return the notice as undeliverable to the
county board. The notice shall also inform the applicant of the
precinct and voting place to which the applicant will be assigned
if registered.
(d) Approval of Application. – If the Postal Service does not
return the notice as undeliverable, the county board shall
register the applicant to vote.
(e) Second Notice if First Notice Is Returned as
Undeliverable. – If the Postal Service returns the notice as
undeliverable, the county board shall send a second notice by
nonforwardable mail to the same address to which the first was
sent. If the second notice is not returned as undeliverable, the
county board shall register the applicant to vote.
(f) Denial of Application Based on Lack of Verification of
Address. – If the Postal Service returns as undeliverable the
notice sent by nonforwardable mail pursuant to subsection (e) of
this section, the county board shall deny the application. The
county board need not try to notify the applicant further.
(g) Voting When Verification Process Is Incomplete. – In cases
where an election occurs before the process of verification
outlined in this section has had time to be completed, the county
board of elections shall be guided by the following rules:
(1) If the county board has made a tentative
determination that an applicant is qualified to vote
under subsection (a) of this section, then that
person shall not be denied the right to vote in
person in an election unless the Postal Service has
returned as undeliverable two notices to the
applicant: one mailed pursuant to subsection (c) of
this section and one mailed pursuant to subsection
(e) of this section. This subdivision does not
preclude a challenge to the voter's qualifications
under Article 8 of this Chapter.
(2) If the Postal Service has returned as undeliverable
a notice sent within 25 days before the election to
the applicant under subsection (c) of this section,
then the applicant may vote only in person in that
first election and may not vote by absentee ballot
except in person under G.S. 163-227.2. The county
board of elections shall establish a procedure at
the voting site for:
a. Obtaining the correct address of any person
described in this subdivision who appears to
vote in person; and
b. Assuring that the person votes in the proper
place and in the proper contests.
If a notice mailed under subsection (c) or
subsection (e) of this section is returned as
undeliverable after a person has already voted by
absentee ballot, then that person's ballot may be
challenged in accordance with G.S. 163-89.
(3) If a notice sent pursuant to subsection (c) or (e)
of this section is returned by the Postal Service as
undeliverable after a person has already voted in an
election, then the county board shall treat the
person as a registered voter but shall send a
confirmation mailing pursuant to G.S. 163-
82.14(d)(2) and remove or retain the person on the
registration records in accordance with that
subdivision. (1991 (Reg. Sess., 1992), c. 1044, s.
18(a); 1993, c. 74, s. 1; 1993 (Reg. Sess., 1994),
c. 762, s. 2; 1999-455, s. 16.)
§ 163-82.8. Voter registration cards.
(a)Authority to Issue Card. – With the approval of the
board of county commissioners, the county board of elections may
issue to each voter in the county a voter registration card, or
may issue cards to all voters registered after January 1, 1995.
(b) Content and Format of Card. – At a minimum, the voter
registration card shall:
(1) List the voter's name, address, and voting place;
(2) Contain the address and telephone number of the
county board of elections, along with blanks to
report a change of address within the county, change
of name, and change of party affiliation; and
(3) Be wallet size.
No voter registration card may be issued by a county board of
elections unless the State Board of Elections has approved the
format of the card.
(c) Ways County Board and Registrant May Use Card. – If the
county board of elections issues voter registration cards, the
county board may use that card as a notice of tentative approval
of the voter's application pursuant to G.S. 163-82.7(c), provided
that the mailing contains the statements and information required
in that subsection. The county board may also satisfy the
requirements of G.S. 163-82.15(b), 163-82.16(b), or 163-82.17(b)
by sending the registrant a replacement of the voter registration
card to verify change of address, change of name, or change of
party affiliation. A registrant may use the card to report a
change of address, change of name, or change of party
affiliation, satisfying G.S. 163-82.15, 163-82.16, or 163-82.17.
(d) Card as Evidence of Registration. – A voter registration
card shall be evidence of registration but shall not preclude a
challenge as permitted by law.
(e) Display of Card May Not Be Required to Vote. – No county
board of elections may require that a voter registration card be
displayed in order to vote. (1901, c. 89, ss. 18, 21; Rev., ss.
4322, 4323; C.S., ss. 5946, 5947; 1923, c. 111, s. 3; 1933, c.
165, s. 5; 1947, c. 475; 1953, c. 843; 1955, c. 800; 1957, c.
784, ss. 3, 4; 1961, c. 382; 1963, c. 303, ss. 1, 2; 1967, c.
761, s. 3; c. 775, s. 1; 1969, c. 750, ss. 1, 2; 1977, c. 626, s.
1; 1979, c. 539, s. 5; c. 766, s. 2; 1981, c. 33, s. 2; 1981
(Reg. Sess., 1982), c. 1265, s. 6; 1983, c. 553; 1985, c. 260, s.
1; 1991, c. 363, s. 1; 1991 (Reg. Sess., 1992), c. 1032, s. 1;
1993 (Reg. Sess., 1994), c. 762, s. 2.)
§ 163-82.9. Cancellation of prior registration.
If an applicant indicates on an application form described
in G.S. 163-82.3 a current registration to vote in any other
county, municipality, or state, the county board of elections,
upon registering the person to vote, shall send a notice to the
appropriate officials in the other county, municipality, or state
and shall ask them to cancel the person's voter registration
there. (1973, c. 793, s. 28; c. 1223, s. 4; 1977, c. 265, s. 3;
1983, c. 411, ss. 1, 2; 1993 (Reg. Sess., 1994), c. 762, s. 2;
1995, c. 509, s. 115.)
§ 163-82.10. Official record of voter registration.
(a)Application Form Becomes Official Record. – A completed
and signed registration application form described in G.S. 163-
82.3, once approved by the county board of elections, becomes the
official registration record of the voter. The county board of
elections shall maintain custody of the official registration
records of all voters in the county and shall keep them in a
place where they are secure.
(b) Access to Registration Records. – Upon request by that
person, the county board of elections shall provide to any person
a list of the registered voters of the county or of any precinct
or precincts in the county. The county board may furnish
selective lists according to party affiliation, gender, race,
date of registration, precinct name, precinct identification
code, congressional district, senate district, representative
district, and, where applicable, county commissioner district,
city governing board district, fire district, soil and water
conservation district, and voter history including primary,
general, and special districts, or any other reasonable category.
The following shall apply if a county maintains or has its voter
registration list maintained on a computer:
(1) In addition to the typed, mimeographed, photocopied,
computer printout or label lists, the county board
of elections shall make the voter registration
information available to the public on magnetic
medium. Magnetic medium for the purpose of this
section shall consist of nine track tape or 3.5 inch
diskettes and 5.25 inch diskettes readily accessible
using MS-DOS or Microsoft Windows operating systems
or both such systems; and
(2) Information requested on magnetic medium shall
contain the following: voter name, county voter
identification number, residential address, mailing
address, sex, race, age or date of birth or both,
party affiliation, precinct name, precinct
identification code, congressional district, senate
district, representative district, and, where
applicable, county commissioner district, city
governing board district, fire district, soil and
water conservation district, and any other district
information available, and voter history including
primary, general, and special districts, or any
other reasonable category,
provided that this subsection shall not require a county to
computerize its lists, but if a county does computerize it shall
comply with subdivisions (1) and (2) of this subsection. The
county board shall require each person to whom a list is
furnished to reimburse the board for the actual cost incurred in
preparing it, except as provided in subsection (c) of this
section. Actual cost for the purpose of this section shall not
include the cost of any equipment or any imputed overhead
expenses. It may include the actual cost of paper, labels, and
magnetic medium. The purchaser at its discretion may provide the
magnetic medium. When furnishing information under this
subsection to a purchaser on a magnetic medium provided by the
county board or the purchaser, the county board may impose a
service charge of up to twenty-five dollars ($25.00).
(c) Free Lists. – Free lists of all registered voters in the
county shall be provided in the following cases:
(1) A county board that maintains voter records on
computer shall provide, upon written request, one
free list to:
a. The State chair of each political party; and
b. The county chair of each political party once
in every odd-numbered year, once during the
first six calendar months of every even-
numbered year, and once during the latter six
calendar months of every even-numbered year.
(2) A county board that does not maintain voter records
on computer shall provide one free paper list every
two years to the county chair of each political
party.
Each free list shall include the name, address, gender, date of
birth, race, political affiliation, voting history, precinct,
precinct name, precinct identification code, congressional
district, senate district, representative district, and, where
applicable, county commissioner district, city governing board
district, fire district, soil and water conservation district,
and voter history including primary, general, and special
districts of each registered voter. The free paper list to the
county party chairs shall group voters by precinct. All free
lists shall be provided as soon as practicable but no later than
30 days after written request. Each State party chair shall
provide the discs or tapes received from the county boards to
candidates of that party who request the discs or tapes in
writing. Each State party chair shall return discs and tapes to
the county boards within 30 days after receiving them. As used in
this section, "political party" means a political party as
defined in G.S. 163-96. (1901, c. 89, s. 83; Rev., s. 4382; C.S.,
s. 6016; 1931, c. 80; 1939, c. 263, s. 31/2; 1949, c. 916, ss. 6,
7; 1953, c. 843; 1955, c. 800; 1959, c. 883; 1963, c. 303, s. 1;
1965, c. 1116, s. 1; 1967, c. 775, s. 1; 1973, c. 793, ss. 22,
25; 1975, c. 12; c. 395; 1979, 2nd Sess., c. 1242; 1981, c. 39,
s. 1; c. 87, s. 1; c. 308, s. 1; c. 656; 1983, c. 218, ss. 1, 2;
1985, c. 211, ss. 1, 2; c. 472, s. 1; 1993 (Reg. Sess., 1994), c.
762, s. 2; 1995 (Reg. Sess., 1996), c. 688, s. 2.)
§ 163-82.11. Establishment of statewide computerized voter
registration.
The State Board of Elections shall develop and implement a
statewide computerized voter registration system to facilitate
voter registration and to provide a central database containing
voter registration information for each county. The system shall
encompass both software development and purchasing of the
necessary hardware for the central and distributed-network
systems.
The State Board of Elections shall develop and implement the
system so that each county board of elections can:
(1) Verify that an applicant to register in its county
is not also registered in another county;
(2) Be notified automatically that a registered voter in
its county has registered to vote in another county;
and
(3) Receive automatically data about a person who has
applied to vote at a drivers license office or at
another public agency that is authorized to accept
voter registration applications.
Each county board of elections shall be responsible for
registering voters within its county according to law. Each
county board of elections shall maintain its own computer file of
registered voters in accordance with rules promulgated by the
State Board of Elections. Each county board of elections shall
transmit through the computer network all additions, deletions,
and changes in its list of registered voters promptly to the
statewide computer file. The State Board of Elections shall
maintain a continually updated duplicate file of each county's
registered voters. (1993 (Reg. Sess., 1994), c. 762, s. 2.)
§ 163-82.12. Promulgation of rules relating to computerized
voter registration.
The State Board of Elections shall make all rules
necessary to administer the statewide voter registration system
established by this Article. These rules shall include provisions
for:
(1) Establishing, developing, and maintaining a
computerized central voter registration file;
(2) Linking the central file through a network with
computerized voter registration files in each of the
counties;
(3) Interacting with the computerized drivers license
records of the Division of Motor Vehicles and with
the computerized records of other public agencies
authorized to accept voter registration
applications;
(4) Protecting and securing the data; and
(5) Converting current voter registration records in the
counties in computer files that can be used on the
statewide computerized registration system. (1993
(Reg. Sess., 1994), c. 762, s. 2.)
§ 163-82.13. Access to statewide voter registration file.
(a)Free Copy for Political Parties. – Beginning January 1,
1996, the State Board of Elections shall make available free of
charge, upon written request, one magnetic copy of the statewide
computerized voter registration file to the chairman of each
political party as defined in G.S. 163-96 as soon as practicable
after the close of registration before every statewide primary
and election. The file made available to the political party
chairmen shall contain the name, address, gender, date of birth,
race, voting history, political affiliation, and precinct of
every registered voter in the State. If a county board enters
telephone numbers into its computer lists of registered voters,
then the free list provided under this subsection shall include
telephone numbers.
(b) Copies for Sale to Others. – Beginning January 1, 1996,
the State Board of Elections shall sell, upon written request, to
other public and private organizations and persons magnetic
copies of the statewide computerized voter registration file. The
State Board of Elections may sell selective lists of registered
voters according to county, congressional or legislative
district, party affiliation, gender, date of birth, race, date of
registration, or any other reasonable category, or a combination
of categories. The State Board of Elections shall require all
persons to whom any list is furnished under this subsection to
reimburse the board for the actual cost incurred in preparing it.
(1993 (Reg. Sess., 1994), c. 762, s. 2.)
§ 163-82.14. List maintenance.
(a)Uniform Program. – The State Board of Elections shall
adopt a uniform program that makes a reasonable effort:
(1) To remove the names of ineligible voters from the
official lists of eligible voters, and
(2) To update the addresses and other necessary data of
persons who remain on the official lists of eligible
voters.
That program shall be nondiscriminatory and shall comply with the
provisions of the Voting Rights Act of 1965, as amended, and with
the provisions of the National Voter Registration Act. The State
Board of Elections, in addition to the methods set forth in this
section, may use other methods toward the ends set forth in
subdivisions (1) and (2) of this subsection, including address-
updating services provided by the Postal Service. Each county
board of elections shall conduct systematic efforts to remove
names from its list of registered voters in accordance with this
section and with the program adopted by the State Board.
(b) Death. – The Department of Health and Human Services shall
furnish free of charge to the State Board of Elections every
month, in a format prescribed by the State Board of Elections,
the names of deceased persons who were residents of the State.
The State Board of Elections shall distribute every month to each
county board of elections the names on that list of deceased
persons who were residents of that county. The Department of
Health and Human Services shall base each list upon information
supplied by death certifications it received during the preceding
month. Upon the receipt of those names, each county board of
elections shall remove from its voter registration records any
person the list shows to be dead. The county board need not send
any notice to the address of the person so removed.
(c) Conviction of a Felony. –
(1) Report of Conviction Within the State. – The clerk
of superior court, on or before the fifteenth day of
every month, shall report to the county board of
elections of that county the name, county of
residence, and residence address if available, of
each individual against whom a final judgment of
conviction of a felony has been entered in that
county in the preceding calendar month. Any county
board of elections receiving such a report about an
individual who is a resident of another county in
this State shall forward a copy of that report to
the board of elections of that county as soon as
possible.
(2) Report of Federal Conviction. – The Executive
Secretary-Director of the State Board of Elections,
upon receipt of a notice of conviction sent by a
United States Attorney pursuant to section 8(g) of
the National Voter Registration Act, shall notify
the appropriate county boards of elections of the
conviction.
(3) County Board's Duty Upon Receiving Report of
Conviction. – When a county board of elections
receives a notice pursuant to subdivision (1) or (2)
of this subsection relating to a resident of that
county and that person is registered to vote in that
county, the board shall, after giving 30 days'
written notice to the voter at his registration
address, and if the voter makes no objection, remove
the person's name from its registration records. If
the voter notifies the county board of elections of
his objection to the removal within 30 days of the
notice, the chairman of the board of elections shall
enter a challenge under G.S. 163-85(c)(5), and the
notice the county board received pursuant to this
subsection shall be prima facie evidence for the
preliminary hearing that the registrant was
convicted of a felony.
(d) Change of Address. – A county board of elections shall
conduct a systematic program to remove from its list of
registered voters those who have moved out of the county, and to
update the registration records of persons who have moved within
the county. The county board shall remove a person from its list
if the registrant:
(1) Gives confirmation in writing of a change of address
for voting purposes out of the county. "Confirmation
in writing" for purposes of this subdivision shall
include:
a. A report to the county board from the
Department of Transportation or from a voter
registration agency listed in G.S. 163-82.20
that the voter has reported a change of address
for voting purposes outside the county;
b. A notice of cancellation received under G.S.
163-82.9; or
c. A notice of cancellation received from an
election jurisdiction outside the State.
(2) Fails to respond to a confirmation mailing sent by
the county board in accordance with this subdivision
and does not vote or appear to vote in an election
beginning on the date of the notice and ending on
the day after the date of the second general
election for the United States House of
Representatives that occurs after the date of the
notice. A county board sends a confirmation notice
in accordance with this subdivision if the notice:
a. Is a postage prepaid and preaddressed return
card, sent by forwardable mail, on which the
registrant may state current address;
b. Contains or is accompanied by a notice to the
effect that if the registrant did not change
residence but remained in the county, the
registrant should return the card not later
than the deadline for registration by mail in
G.S. 163-82.6(c)(1); and
c. Contains or is accompanied by information as to
how the registrant may continue to be eligible
to vote if the registrant has moved outside the
county.
A county board shall send a confirmation mailing in
accordance with this subdivision if the registrant
remains on the list, the registrant has not voted in
two successive presidential elections or in any
election in between, and the county board has not
confirmed the registrant's address by another means.
The county board may send a confirmation mailing in
accordance with this subdivision if the registrant
has been identified as residing outside the county
through change-of-address information supplied by
the Postal Service through its licensees. (1953, c.
843; 1955, c. 800; 1963, c. 303, s. 1; 1965, c.
1116, s. 1; 1967, c. 775, s. 1; 1973, c. 793, ss.
25, 28; c. 1223, s. 4; 1975, c. 395; 1977, c. 265,
s. 3; 1981, c. 39, s. 1; c. 87, s. 1; c. 308, s. 1;
1983, c. 411, ss. 1, 2; 1985, c. 211, ss. 1, 2;
1987, c. 691, s. 1; 1993 (Reg. Sess., 1994), c. 762,
s. 2; 1997-443, s. 11A.117; 1999-453, s. 7(a), (b).)
§ 163-82.15. Change of address within the county.
(a)Registrant's Duty to Report. – No registered voter
shall be required to re-register upon moving from one precinct to
another within the same county. Instead, a registrant shall
notify the county board of the change of address by the close of
registration for an election as set out in G.S. 163-82.6(c). The
registrant shall make the notification by means of a voter
registration form as described in G.S. 163-82.3, or by another
written notice, signed by the registrant, that includes the
registrant's full name, former residence address, new residence
address, and date of moving from the old to the new address.
(b) Verification of New Address by Mail. – When a county board
of elections receives a notice that a registrant in that county
has changed residence within the same county, the county board
shall send a notice, by nonforwardable mail, to the registrant at
the new address. The notice shall inform the registrant of any
new precinct and voting place that will result from the change of
address, and it shall state whether the registrant shall vote at
the new voting place during the upcoming election or at a later
election. If the Postal Service returns the county board's notice
to the registrant as undeliverable, the county board shall
either:
(1) Send a second notice by nonforwardable mail to the
new address and, if it is returned as undeliverable,
send to the registrant's old address a confirmation
notice as described in G.S. 163-82.14(d)(2); or
(2) Send to the registrant's old address a confirmation
notice as described in G.S. 163-82.14(d)(2) without
first sending a second nonforwardable notice to the
new address.
In either case, if the registrant does not respond to the
confirmation notice as described in G.S. 163-82.14(d)(2), then
the county board shall proceed with the removal of the registrant
from the list of voters in accordance with G.S. 163-82.14(d).
(c) Board's Duty to Make Change. – If the county board
confirms the registrant's new address in accordance with
subsection (b) of this section, the county board shall as soon as
practical change the record to reflect the new address.
(d) Unreported Move Within the Same Precinct. – A registrant
who has moved from one address to another within the same
precinct shall, notwithstanding failure to notify the county
board of the change of address before an election, be permitted
to vote at the voting place of that precinct upon oral or written
affirmation by the registrant of the change of address before a
precinct official at that voting place.
(e) Unreported Move to Another Precinct Within the County. –
If a registrant has moved from an address in one precinct to an
address in another precinct within the same county more than 30
days before an election and has failed to notify the county board
of the change of address before the close of registration for
that election, the county board shall permit that person to vote
in that election. The county board shall permit the registrant
described in this subsection to vote at the registrant's new
precinct, upon the registrant's written affirmation of the new
address, or, if the registrant prefers, at a central location in
the county to be chosen by the county board. If the registrant
appears at the old precinct, the precinct officials there shall
send the registrant to the new precinct or, if the registrant
prefers, to the central location, according to rules which shall
be prescribed by the State Board of Elections. At the new
precinct, the registrant shall be processed by a precinct
transfer assistant, according to rules which shall be prescribed
by the State Board of Elections.
(f) When Registrant Disputes Registration Records. – If the
registration records indicate that the registrant has moved
outside the precinct, but the registrant denies having moved from
the address within the precinct previously shown on the records,
the registrant shall be permitted to vote at the voting place for
the precinct where the registrant claims to reside, if the
registrant gives oral or written affirmation before a precinct
official at that voting place.
(g) Precinct Transfer Assistants. – The county board of
elections shall either designate a board employee or appoint
other persons to serve as precinct transfer assistants to receive
the election-day transfers of the voters described in subsection
(e) of this section. In addition, board members and employees may
perform the duties of precinct transfer assistants. The State
Board of Elections shall promulgate uniform rules to carry out
the provisions of this section, and shall define in those rules
the duties of the precinct transfer assistant. (1979, c. 135, s.
2; 1983, c. 392, s. 2; 1984, Ex. Sess., c. 3, ss. 1, 2; 1987, c.
549, s. 1; 1989, c. 427; 1991, c. 12, s. 1; 1991 (Reg. Sess.,
1992), c. 1032, s. 3; 1993 (Reg. Sess., 1994), c. 762, s. 2.)
§ 163-82.16. Change of name.
(a)Registrant's Duty to Report. – If the name of a
registrant is changed in accordance with G.S. 48-1-104, G.S. 50-
12, or Chapter 101 of the General Statutes, or if a married
registrant assumes the last name of the registrant's spouse, the
registrant shall not be required to re-register, but shall report
the change of name to the county board not later than the last
day for applying to register to vote for an election in G.S. 163-
82.6. The registrant shall report the change on a form described
in G.S. 163-82.3 or on a voter registration card described in
G.S. 163-82.8 or in another written statement that is signed,
contains the registrant's full names, old and new, and the
registrant's current residence address.
(b) Verification of New Name by Mail. – When a county board of
elections receives a notice of name change from a registrant in
that county, the county board shall send a notice, by
nonforwardable mail, to the registrant's residence address. The
notice shall state that the registrant's records will be changed
to reflect the new name if the registrant does not respond that
the name change is incorrect. If the Postal Service returns the
county board's notice to the registrant as undeliverable, the
county board shall send to the registrant's residence address a
confirmation notice as described in G.S. 163-82.14(d)(2).
If the registrant does not respond to the confirmation notice
as described in G.S. 163-82.14(d)(2), then the county board shall
proceed with the removal of the registrant from the list of
voters in accordance with G.S. 163-82.14(d).
(c) Board's Duty to Make Change. – If the county board
confirms the registrant's address in accordance with subsection
(b) of this section and the registrant does not deny making the
application for the name change, the county board shall as soon
as practical change the record of the registrant's name to
conform to that stated in the application.
(d) Unreported Name Change. – A registrant who has not
reported a name change in accordance with subsection (a) of this
section shall be permitted to vote if the registrant reports the
name change to the chief judge at the voting place, or to the
county board along with the voter's application for an absentee
ballot. (1979, c. 480; 1981, c. 33, s. 3; 1989 (Reg. Sess.,
1990), c. 991, s. 3; 1991 (Reg. Sess., 1992), c. 1032, s. 2; 1993
(Reg. Sess., 1994), c. 762, s. 2; 1995, c. 457, s. 9.)
§ 163-82.17. Change of party affiliation.
(a)Registrant's Duty to Report. – Any registrant who
desires to have the record of his party affiliation or
unaffiliated status changed on the registration list shall, no
later than the last day for making application to register under
G.S. 163-82.6 before the election, indicate the change on an
application form as described in G.S. 163-82.3 or on a voter
registration card described in G.S. 163-82.8. No registrant shall
be permitted to change party affiliation or unaffiliated status
for a primary, second primary, or special or general election
after the deadline for registration applications for that
election as set out in G.S. 163-82.6.
(b) Verification of Affiliation Change by Mail. – When a
county board of elections receives a notice of change of party
affiliation or unaffiliated status from a registrant in that
county, the county board shall send a notice, by nonforwardable
mail, to the registrant's residence address. The notice shall
state that the registrant's records will be changed to reflect
the change of status if the registrant does not respond by
stating that he does not desire a change in status. The notice
shall also inform the registrant of the time that the change of
affiliation status will occur, and shall explain the provisions
of subsection (d) of this section. If the Postal Service returns
the county board's notice to the registrant as undeliverable, the
county board shall send to the registrant's residence address a
confirmation notice as described in G.S. 163-82.14(d)(2). If the
registrant does not respond to the confirmation notice as
described in G.S. 163-82.14(d)(2), then the county board shall
proceed with the removal of the registrant from the list of
voters in accordance with G.S. 163-82.14(d).
(c) Board's Duty to Make Change. – If the county board
confirms the registrant's address in accordance with subsection
(b) of this section and the registrant does not deny making the
application to change affiliated or unaffiliated status, the
county board of elections shall as soon as practical change the
record of the registrant's party affiliation, or unaffiliated
status, to conform to that stated in the application. Thereafter
the voter shall be considered registered and qualified to vote in
accordance with the change, except as provided in subsection (d)
of this section.
(d) Deadline to Change Status Before Primary. – If a
registrant applies to change party affiliation or unaffiliated
status later than the last day for applying to register under
G.S. 163-82.6 before a primary, the registrant shall not be
entitled to vote in the primary of a party in which the
registrant's status on that last day did not entitle the
registrant to vote.
(e) Authority of County Board or Director to Make Correction.
– If at any time the chairman or director of elections of the
county board of elections is satisfied that an error has been
made in designating the party affiliation of any voter on the
registration records, then the chairman or director of elections
of the county board of elections shall make the necessary
correction after receiving from the voter a sworn statement as to
the error and the correct status. (1939, c. 263, s. 6; 1949, c.
916, ss. 4, 8; 1953, c. 843; 1955, c. 800; c. 871, s. 3; 1957, c.
784, s. 5; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1973, c. 793,
ss. 30, 31; c. 1223, s. 5; 1975, c. 234, s. 2; 1977, c. 130, s.
1; c. 626, s. 1; 1981, c. 33, s. 4; c. 219, s. 4; 1983, c. 576,
s. 4; 1987, c. 408, ss. 1, 6; 1989, c. 635, s. 2; 1991 (Reg.
Sess., 1992), c. 1032, s. 4; 1993 (Reg. Sess., 1994), c. 762, s.
2; 1995, c. 243, s. 1.)
§ 163-82.18. Appeal from denial of registration.
(a)Right to Appeal. – Any applicant who receives notice of
denial of registration pursuant to G.S. 163-82.7 may appeal the
denial within five days after receipt of the notice of denial.
The county board of elections shall promptly set a date for a
public hearing. The notice of appeal shall be in writing and
shall be signed by the appealing party, shall include the
appealing party's name, date of birth, address, and reasons for
the appeal.
(b) Hearing Before County Board of Elections. – The county
board of elections shall set a date and time for a public hearing
and shall notify the appealing party. Every person appealing to
the county board of elections from denial of registration shall
be entitled to a prompt and fair hearing on the question of the
denied applicant's right and qualifications to register as a
voter. All cases on appeal to a county board of elections shall
be heard de novo.
Two members of the county board of elections shall constitute
a quorum for the purpose of hearing appeals on questions of
registration. The decision of a majority of the members of the
board shall be the decision of the board. The board shall be
authorized to subpoena witnesses and to compel their attendance
and testimony under oath, and it is further authorized to
subpoena papers and documents relevant to any matters pending
before the board.
If at the hearing the board shall find that the person
appealing from a denial of registration meets all requirements of
law for registration as a voter in the county, the board shall
enter an order directing that the appellant be registered and
assign the appellant to the appropriate precinct. Not later than
five days after an appeal is heard before the county board of
elections, the board shall give written notice of its decision to
the appealing party.
(c) Appeal to Superior Court. – Any person aggrieved by a
final decision of a county board of elections denying
registration may at any time within 10 days from the date on
which he receives notice of the decision appeal to the superior
court of the county in which the board is located. Upon such an
appeal, the appealing party shall be the plaintiff and the county
board of elections shall be the defendant, and the matter shall
be heard de novo in the superior court in the manner in which
other civil actions are tried and disposed of in that court.
If the decision of the court is that the order of the county
board of elections shall be set aside, then the court shall enter
its order so providing and adjudging that the plaintiff is
entitled to be registered as a qualified voter in the precinct in
which he originally made application to register, and in such
case the plaintiff's name shall be entered in the registration
book of that precinct. The court shall not order the registration
of any person in a precinct in which he did not apply to register
prior to the proceeding in court.
From the judgment of the superior court an appeal may be taken
to the appellate division in the same manner as other appeals are
taken from judgments of that court in civil actions. (1957, c.
287, dd. 2-4; 1967, c. 775, s. 1; 1969, c. 44, s. 82; 1981, c.
542, ss. 1, 2; 1993 (Reg. Sess., 1994), c. 762, s. 2.)
§ 163-82.19. Voter registration at drivers license offices.
The Division of Motor Vehicles shall, pursuant to the
rules adopted by the State Board of Elections, modify its forms
so that any eligible person who applies for original issuance,
renewal or correction of a drivers license, or special
identification card issued under G.S. 20-37.7 may, on a part of
the form, complete an application to register to vote or to
update his registration if the voter has changed his address or
moved from one precinct to another or from one county to another.
The person taking the application shall ask if the applicant is a
citizen of the United States. If the applicant states that the
applicant is not a citizen of the United States, or declines to
answer the question, the person taking the application shall
inform the applicant that it is a felony for a person who is not
a citizen of the United States to apply to register to vote. Any
person who willfully and knowingly and with fraudulent intent
gives false information on the application is guilty of a Class I
felony. The application shall state in clear language the penalty
for violation of this section. The necessary forms shall be
prescribed by the State Board of Elections. The form must ask for
the previous voter registration address of the voter, if any. If
a previous address is listed, and it is not in the county of
residence of the applicant, the appropriate county board of
elections shall treat the application as an authorization to
cancel the previous registration and also process it as such
under the procedures of G.S. 163-82.9. If a previous address is
listed and that address is in the county where the voter applies
to register, the application shall be processed as if it had been
submitted under G.S. 163-82.9.
Registration shall become effective as provided in G.S. 163-
82.7. Applications to register to vote accepted at a drivers
license office under this section until the deadline established
in G.S. 163-82.6(c)(2) shall be treated as timely made for an
election, and no person who completes an application at that
drivers license office shall be denied the vote in that election
for failure to apply earlier than that deadline.
All applications shall be forwarded by the Department of
Transportation to the appropriate board of elections not later
than five business days after the date of acceptance, according
to rules which shall be promulgated by the State Board of
Elections. (1983, c. 854, s. 1; 1991 (Reg. Sess., 1992), c. 1044,
s. 19(a); 1993, c. 74, s. 2; 1993 (Reg. Sess., 1994), c. 762, s.
2; 1998-149, s. 11.1.)
§ 163-82.20. Voter registration at other public agencies.
(a)Voter Registration Agencies. – Every office in this
State which accepts:
(1) Applications for a program of public assistance
under Article 2 of Chapter 108A of the General
Statutes or under Article 13 of Chapter 130A of the
General Statutes;
(2) Applications for State-funded State or local
government programs primarily engaged in providing
services to persons with disabilities, with such
office designated by the State Board of Elections;
or
(3) Claims for benefits under Chapter 96 of the General
Statutes, the Employment Security Law,
is designated as a voter registration agency for purposes of this
section.
(b) Duties of Voter Registration Agencies. – A voter
registration agency described in subsection (a) of this section
shall, unless the applicant declines, in writing, to register to
vote:
(1) Distribute with each application for service or
assistance, and with each recertification, renewal,
or change of address relating to such service or
assistance:
a. The voter registration application form
described in G.S. 163-82.3(a) or (b); or
b. The voter registration agency's own form, if it
is substantially equivalent to the form
described in G.S. 163-82.3(a) or (b) and has
been approved by the State Board of Elections,
provided that the agency's own form may be a
detachable part of the agency's paper
application or may be a paperless computer
process, as long as the applicant is required
to sign an attestation as part of the
application to register.
(2) Provide a form that contains the elements required
by section 7(a)(6)(B) of the National Voter
Registration Act; and
(3) Provide to each applicant who does not decline to
register to vote the same degree of assistance with
regard to the completion of the registration
application as is provided by the office with regard
to the completion of its own forms.
(c) Provided that voter registration agencies designated under
subdivision (a)(3) of this section shall only be required to
provide the services set out in this subsection to applicants for
new claims, reopened claims, and changes of address under Chapter
96 of the General Statutes, the Employment Security Law.
(d) Home Registration for Disabled. – If a voter registration
agency provides services to a person with disability at the
person's home, the voter registration agency shall provide the
services described in subsection (b) of this section at the
person's home.
(e) Prohibitions. – Any person providing any service under
subsection (b) of this section shall not:
(1) Seek to influence an applicant's political
preference or party registration, except that this
shall not be construed to prevent the notice
provided by G.S. 163-82.4(c) to be given if the
applicant refuses to declare his party affiliation;
(2) Display any such political preference or party
allegiance;
(3) Make any statement to an applicant or take any
action the purpose or effect of which is to
discourage the applicant from registering to vote;
or
(4) Make any statement to an applicant or take any
action the purpose or effect of which is to lead the
applicant to believe that a decision to register or
not to register has any bearing on the availability
of services or benefits.
(f) Confidentiality of Declination to Register. – No
information relating to a declination to register to vote in
connection with an application made at a voter registration
agency may be used for any purpose other than voter registration.
(g) Transmittal From Agency to Board of Elections. – Any voter
registration application completed at a voter registration agency
shall be accepted by that agency in lieu of the applicant's
mailing the application. Any such application so received shall
be transmitted to the appropriate board of elections not later
than five business days after acceptance, according to rules
which shall be promulgated by the State Board of Elections.
(h) Twenty-Five-Day Deadline for an Election. – Applications
to register accepted by a voter registration agency shall entitle
a registrant to vote in any primary, general, or special election
unless the registrant shall have made application later than the
twenty-fifth calendar day immediately preceding such primary,
general, or special election, provided that nothing shall
prohibit voter registration agencies from continuing to accept
applications during that period.
(i) Ineligible Applications Prohibited. – No person shall make
application to register to vote under this section if that person
is ineligible to vote on account of age, citizenship, lack of
residence for the period of time provided by law, or because of
conviction of a felony. (1993 (Reg. Sess., 1994), c. 762, s. 2;
1995, c. 507, s. 25.10(c); 1995 (Reg. Sess., 1996), c. 608, s.
1.)
§ 163-82.21. Voter registration at military recruitment
offices.
The Executive Secretary-Director, jointly with the
Department of Defense, shall develop and implement procedures for
persons to apply to register to vote at recruitment offices of
the armed forces of the United States in compliance with section
7(c) of the National Voter Registration Act. (1993 (Reg. Sess.,
1994), c. 762, s. 2.)
§ 163-82.22. Voter registration at public libraries.
Every library covered by G.S. 153A-272 shall make
available to the public the application forms described in G.S.
163-82.3, and shall keep a sufficient supply of the forms so that
they are always available. Every library covered by G.S. 153A-272
shall designate at least one employee to assist voter
registration applicants in completing the form during all times
that the library is open. (1975, c. 234, s. 1; 1977, c. 626, s.
1; 1983, c. 588, ss. 2, 3; c. 707; 1991 (Reg. Sess., 1992), c.
973, ss. 1, 2; c. 1044, s. 19(b); 1993, c. 74, s. 2; 1993 (Reg.
Sess., 1994), c. 762, s. 2.)
§ 163-82.23. Voter registration at public high schools.
Every public high school shall make available to its
students and others who are eligible to register to vote the
application forms described in G.S. 163-82.3, and shall keep a
sufficient supply of the forms so that they are always available.
A local board of education may, but is not required to, designate
high school employees to assist in completing the forms. Only
employees who volunteer for this duty may be designated by boards
of education. (1975, c. 234, s. 1; 1977, c. 626, s. 1; 1983, c.
588, ss. 2, 3; c. 707; 1991 (Reg. Sess., 1992), c. 973, ss. 1, 2;
c. 1044, s. 19(b); 1993, c. 74, s. 2; 1993 (Reg. Sess., 1994), c.
762, s. 2.)
§ 163-82.24. Statewide training for election officials.
The State Board of Elections shall conduct training
programs in election law and procedures. Every county elections
director shall receive training conducted by the State Board at
least as often as required in the following schedule:
(1) Once during each odd-numbered year before the
municipal election held in the county;
(2) Once during each even-numbered year before the first
partisan primary; and
(3) Once during each even-numbered year after the
partisan primaries but before the general election.
Every member of a county board of elections shall receive
training conducted by the State Board at least once during the
six months after the member's initial appointment and at least
once again during the first two years of the member's service.
The State Board of Elections shall promulgate rules for the
training of precinct officials, which shall be followed by the
county boards of elections. (1993 (Reg. Sess., 1994), c. 762, s.
2; 1995, c. 243, s. 1.)
§ 163-82.25. Mandated voter registration drive.
The Governor shall proclaim as Citizens Awareness Month
the month designated by the State Board of Elections during every
even-numbered year. During that month, the State Board of
Elections shall initiate a statewide voter registration drive and
shall adopt rules under which county boards of elections shall
conduct the drives. Each county board of elections shall
participate in the statewide voter registration drives in
accordance with the rules adopted by the State Board. (1991 (Reg.
Sess., 1992), c. 1044, s. 19(e); 1993 (Reg. Sess., 1994), c. 762,
s. 2.)
§ 163-82.26. Rule-making authority.
The State Board of Elections shall promulgate rules
necessary to implement the provisions of this Article. (1993
(Reg. Sess., 1994), c. 762, s. 2.)
Article 8.
Challenges.
§ 163-84. Time for challenge other than on day of primary or
election.
The registration records of each county shall be open to
inspection by any registered voter of the county, including any
chief judge or judge of elections, during the normal business
hours of the county board of elections on the days when the
board's office is open. At those times the right of any person to
register, remain registered, or vote shall be subject to
objection and challenge. (1901, c. 89, s. 19; Rev., s. 4339;
C.S., s. 5972; 1929, c. 164, s. 36; 1953, c. 843; 1955, c. 800;
c. 871, s. 7; 1959, c. 616, s. 2; 1963, c. 303, s. 1; 1967, c.
775, s. 1; 1973, c. 793, s. 33; 1993 (Reg. Sess., 1994), c. 762,
s. 24.)
§ 163-85. Challenge procedure other than on day of primary or
election.
(a)Right to Challenge; When Challenge May Be Made. – Any
registered voter of the county may challenge the right of any
person to register, remain registered or vote in such county. No
such challenge may be made after the twenty-fifth day before each
primary, general, or special election.
(b) Challenges Shall Be Made to the County Board of Elections.
– Each challenge shall be made separately, in writing, under oath
and on forms prescribed by the State Board of Elections, and
shall specify the reasons why the challenged voter is not
entitled to register, remain registered, or vote. When a
challenge is made, the board of elections shall cause the word
"challenged" to be written in pencil on the registration records
of the voter challenged. The challenge shall be signed by the
challenger and shall set forth the challenger's address.
(c) Grounds for Challenge. – Such challenge may be made only
for one or more of the following reasons:
(1) That a person is not a resident of the State of
North Carolina, or
(2) That a person is not a resident of the county in
which the person is registered, provided that no
such challenge may be made if the person removed his
residency and the period of removal has been less
than 30 days, or
(3) That a person is not a resident of the precinct in
which the person is registered, provided that no
such challenge may be made if the person removed his
residency and the period of removal has been less
than 30 days, or
(4) That a person is not 18 years of age, or if the
challenge is made within 60 days before a primary,
that the person will not be 18 years of age by the
next general election, or
(5) That a person has been adjudged guilty of a felony
and is ineligible to vote under G.S. 163-55(2), or
(6), (7) Repealed by Session Laws 1985, c. 563, ss. 11.1,
11.2.
(7a) That a person is dead,
(8) That a person is not a citizen of the United States,
or
(9) With respect to municipal registration only, that a
person is not a resident of the municipality in
which the person is registered.
(d) Preliminary Hearing. – When a challenge is made, the
county board of election shall schedule a preliminary hearing on
the challenge, and shall take such testimony under oath and
receive such other evidence proffered by the challenger as may be
offered. The burden of proof shall be on the challenger, and if
no testimony is presented, the board shall dismiss the challenge.
If the challenger presents evidence and if the board finds that
probable cause exists that the person challenged is not qualified
to vote, then the board shall schedule a hearing on the
challenge.
(e) Prima Facie Evidence That Voter No Longer Resides in
Precinct. – The presentation of a letter mailed by returnable
first-class mail to the voter at the address listed on the voter
registration card and returned because the person does not live
at the address shall constitute prima facie evidence that the
person no longer resides in the precinct. (1901, c. 89, s. 19;
Rev., s. 4339; C.S., s. 5972; 1953, c. 843; 1955, c. 800; 1963,
c. 303, s. 1; 1967, c. 775, s. 1; 1973, c. 793, s. 34; 1979, c.
357, s. 1; 1985, c. 563, ss. 11-11.2, 11.5; c. 589, s. 60; 1993
(Reg. Sess., 1994), c. 762, s. 25.)
§ 163-86. Hearing on challenge.
(a)A challenge made under G.S. 163-85 shall be heard and
decided before the date of the next primary or election, except
that if the board finds that because of the number of challenges,
it cannot hold all hearings before the date of the election, it
may order the challenges to be heard and decided at the next time
the challenged person appears and seeks to vote, as if the
challenge had been filed under G.S. 163-87. Unless the hearing is
ordered held under G.S. 163- 87, it shall be heard and decided by
the board of elections.
(b) At least 10 days prior to the hearing scheduled under G.S.
163- 86(c), the board of elections shall mail by first-class
mail, a written notice of the challenge to the challenged voter,
to the address of the voter listed in the registration records of
the county. The notice shall state succinctly the grounds
asserted, and shall state the time and place of the hearing. If
the hearing is to be held at the polls, the notice shall state
that fact and shall list the date of the next scheduled election,
the location of the voter's polling place, and the time the polls
will be open. A copy of the notice shall be sent to the person
making the challenge and to the chairman of each political party
in the county.
(c) At the time and place set for the hearing on a challenge
entered prior to the date of a primary or election, the county
board of elections shall explain to the challenged registrant the
qualifications for registration and voting in this State. The
board chairman, or in his absence the board secretary, shall then
administer the following oath to the challenged registrant:
"You swear (or affirm) that the statements and information you
shall give in this hearing with respect to your identity and
qualifications to be registered and to vote shall be the truth,
the whole truth, and nothing but the truth, so help you, God."
After swearing the challenged registrant, the board shall examine
him as to his qualifications to be registered and to vote. If the
challenged registrant insists that he is qualified, the board
shall tender to him the following oath or affirmation:
"You do solemnly swear (or affirm) that you are a citizen of
the United States; that you are at least 18 years of age or will
become 18 by the date of the next general election; that you have
or will have resided in this State and in the precinct for which
registered for 30 days by the date of the next general election;
that you are not disqualified from voting by the Constitution or
the laws of this State; that your name is . . . . . . . . . . .,
and that in such name you were duly registered as a voter of . .
. . . . . . . . . precinct; and that you are the person you
represent yourself to be, so help you, God."
If the challenged registrant refuses to take the tendered oath,
or submit to the board the affidavit required by subsection (d),
below, the challenge shall be sustained. If the challenged
registrant takes the tendered oath, the board may, nevertheless,
sustain the challenge if it finds the challenged registrant is
not a legal voter.
The board, in conducting hearings on challenges, shall have
authority to subpoena any witnesses it may deem appropriate, and
administer the necessary oaths or affirmations to all witnesses
brought before it to testify to the qualifications of the persons
challenged.
(d) Appearance by Challenged Registrant. – The challenged
registrant shall appear in person at the challenge hearing. If he
is unable to appear in person, he may be represented by another
person and must tender to the county board of elections an
affidavit that he is a citizen of the United States, is at least
18 years of age or will become 18 by the date of the next general
election, has or will have resided in this State and in the
precinct for which registered for 30 days by the date of the next
general election, is not disqualified from voting by the
Constitution or laws of this State, is named . . . . . . . . ..
and was duly registered as a voter of . . . . . . . . . .
precinct in such name, and is the person represented to be by the
affidavit. (1901, c. 89, s. 22; Rev., s. 4340; C.S., s. 5973;
1955, c. 871, s. 2; 1967, c. 775, s. 1; 1971, c. 1231, s. 1;
1973, c. 793, s. 35; 1979, c. 357, s. 2.)
§ 163-87. Challenges allowed on day of primary or election.
On the day of a primary or election, at the time a
registered voter offers to vote, any other registered voter of
the precinct may exercise the right of challenge, and when he
does so may enter the voting enclosure to make the challenge, but
he shall retire therefrom as soon as the challenge is heard.
On the day of a primary or election, any other registered
voter of the precinct may challenge a person for one or more of
the following reasons:
(1) One or more of the reasons listed in G.S. 163-85(c),
or
(2) That the person has already voted in that primary or
election, or
(3) That the person presenting himself to vote is not
who he represents himself to be.
On the day of a party primary, any voter of the precinct who
is registered as a member of the political party conducting the
primary may, at the time any registrant proposes to vote,
challenge his right to vote upon the ground that he does not
affiliate with the party conducting the primary or does not in
good faith intend to support the candidates nominated in that
party's primary, and it shall be the duty of the chief judge and
judges of election to determine whether or not the challenged
registrant has a right to vote in that primary according to the
procedures prescribed in G.S. 163-88; provided that no challenge
may be made on the grounds specified in the paragraph against an
unaffiliated voter voting in the primary under G.S. 163-74(a1).
The chief judge, judge, or assistant appointed under G.S. 163-
41 or 163-42 may enter challenges under this section against
voters in the precinct for which appointed regardless of the
place of residence of the chief judge, judge, or assistant.
If a person is challenged under this subsection, and the
challenge is sustained under G.S. 163-85(c)(3), the voter may
still transfer his registration under G.S. 163-82.15(e) if
eligible under that section, and the registration shall not be
cancelled under G.S. 163-90.2(a) if the transfer is made. A
person who has transferred his registration under G.S. 163-
82.15(e) may be challenged at the precinct to which the
registration is being transferred. (1915, c. 101, s. 11; 1917, c.
218; C.S., s. 6031; 1921, c. 181, s. 6; 1923, c. 111, s. 14;
1929, c. 164, s. 36; 1953, c. 843; 1955, c. 800; c. 871, s. 7;
1959, c. 616, s. 2; c. 1203, s. 7; 1963, c. 303, s. 1; 1967, c.
775, s. 1; 1985, c. 563, ss. 11.4, 14; 1987, c. 408, s. 7; 1993
(Reg. Sess., 1994), c. 762, s. 26; 1995 (Reg. Sess., 1996), c.
734, s. 4.)
§ 163-88. Hearing on challenge made on day of primary or
election.
A challenge entered on the day of a primary or election
shall be heard and decided by the chief judge and judges of
election of the precinct in which the challenged registrant is
registered before the polls are closed on the day the challenge
is made. When the challenge is heard the precinct officials
conducting the hearing shall explain to the challenged registrant
the qualifications for registration and voting in this State, and
shall examine him as to his qualifications to be registered and
to vote. If the challenged registrant insists that he is
qualified, and if, by sworn testimony, he shall prove his
identity with the person in whose name he offers to vote and his
continued residence in the precinct since he was registered, one
of the judges of election or the chief judge shall tender to him
the following oath or affirmation, omitting the portions in
brackets if the challenge is heard on the day of an election
other than a primary:
"You do solemnly swear (or affirm) that you are a citizen of
the United States; that you are at least 18 years of age [or will
become 18 by the date of the next general election]; that you
have [or will have] resided in this State and in the precinct for
which registered for 30 days [by the date of the next general
election]; that you are not disqualified from voting by the
Constitution and laws of this State; that your name
is_____________, and that in such name you were duly registered
as a voter of this precinct; that you are the person you
represent yourself to be; [that you are affiliated with the
__________ party]; and that you have not voted in this [primary]
election at this or any other voting place. So help you, God."
If the challenged registrant refuses to take the tendered
oath, the challenge shall be sustained, and the precinct
officials conducting the hearing shall mark the registration
records to reflect their decision, and they shall erase the
challenged registrant's name from the pollbook if it has been
entered therein. If the challenged registrant takes the tendered
oath, the precinct officials conducting the hearing may,
nevertheless, sustain the challenge unless they are satisfied
that the challenged registrant is a legal voter. If they are
satisfied that he is a legal voter, they shall overrule the
challenge and permit him to vote. Whenever any person's vote is
received after having taken the oath prescribed in this section,
the chief judge or one of the judges of election shall write on
the registration record and on the pollbook opposite the
registrant's name the word "sworn."
Precinct election officials conducting hearings on challenges
on the day of a primary or election shall have authority to
administer the necessary oaths or affirmations to all witnesses
brought before them to testify to the qualifications of the
person challenged.
A letter or postal card mailed by returnable mail and returned
by the United States Postal Service purportedly because the
person no longer lives at that address or because a forwarding
order has expired shall not be admissible evidence in a challenge
heard under this section which was made under G.S. 163-87. (1901,
c. 89, s. 22; Rev., s. 4340; C.S., s. 5973; 1955, c. 871, s. 2;
1967, c. 775, s. 1; 1971, c. 1231, s. 1; 1973, c. 1223, s. 6;
1985, c. 380, ss. 1, 1.1; 1993 (Reg. Sess., 1994), c. 762, s.
27.)
§ 163-88.1. Request for challenged ballot.
(a)If the decision of the chief judge and judges pursuant
to G.S. 163-88 is to sustain the challenge, the challenged voter
may request a challenged ballot by submitting an application to
the chief judge, such application shall include as part thereof
an affidavit that such person possesses all the qualifications
for voting and is entitled to vote at the election. The form of
such affidavit shall be prescribed by the State Board of
Elections and shall be available at the polls.
(b) Any person requesting a challenged ballot shall have the
letter "C" entered at the appropriate place on the voter's
permanent registration record. The voter's name shall be entered
on a separate page in the pollbook entitled "Challenged Ballot,"
and serially numbered. The challenged ballot shall be the same
type of ballot used for absentee voters, and the chief judge
shall write across the top of the ballot "Challenged Ballot
#____," and shall insert the same serial number as entered in the
pollbook. The chief judge shall deliver to such voter a
challenged ballot together with an envelope marked "Challenged
Ballot" and serially numbered. The challenged voter shall
forthwith mark the ballot in the presence of the chief judge in
such manner that the chief judge shall not know how the ballot is
marked. He shall then fold the ballot in the presence of the
chief judge so as to conceal the markings and deposit and seal it
in the serially numbered envelope. He shall then deliver such
envelope to the chief judge. The chief judge shall retain all
such envelopes in an envelope provided by the county board of
elections, which he shall seal immediately after the polls close,
and deliver to the board chairman at the canvass.
(c) The chairman of the county board of elections shall
preserve such ballots in the sealed envelopes for a period of six
months after the election. However, in the case of a contested
election, either party to such action may request the court to
order that the sealed envelopes containing challenged ballots be
delivered to the board of elections by the chairman. If so
ordered, the board of elections shall then convene and consider
each challenged ballot and rule as to which ballots shall be
counted. In such consideration, the board may take such further
evidence as it deems necessary, and shall have the power of
subpoena. If any ballots are ordered to be counted, they shall be
added to the vote totals. (1979, c. 357, s. 3; 1993 (Reg. Sess.,
1994), c. 762, s. 28.)
§ 163-89. Procedures for challenging absentee ballots.
(a)Time for Challenge. – The absentee ballot of any voter
may be challenged on the day of any statewide primary or general
election or county bond election beginning no earlier than noon
and ending no later than 5:00 P.M., or by the chief judge at the
time of closing of the polls as provided in G.S. 163-232 and G.S.
163-251(b).
(b) Who May Challenge. – Any registered voter of the same
precinct as the absentee voter may challenge that voter's
absentee ballot.
(c) Form and Nature of Challenge. – Each challenged absentee
ballot shall be challenged separately. The burden of proof shall
be on the challenger. Each challenge shall be made in writing
and, if they are available, shall be made on forms prescribed by
the State Board of Elections. Each challenge shall specify the
reasons why the ballot does not comply with the provisions of
this Article or why the absentee voter is not legally entitled to
vote in the particular primary or election. The challenge shall
be signed by the challenger.
(d) To Whom Challenge Addressed; to Whom Challenge Delivered.
– Each challenge shall be addressed to the county board of
elections. It may be filed with the board at its offices or with
the chief judge of the precinct in which the challenger and
absentee voter are registered. If it is delivered to the chief
judge, the chief judge shall personally deliver the challenge to
the chairman of the county board of elections on the day of the
county canvass.
(e) Hearing Procedure. – All challenges filed under this
section shall be heard by the county board of elections on the
day set for the canvass of the returns. All members of the board
shall attend the canvass and all members shall be present for the
hearing of challenges to absentee ballots.
Before the board hears a challenge to an absentee ballot, the
chairman shall mark the word "challenged" after the voter's name
in the register of absentee ballot applications and ballots
issued and in the pollbook of absentee voters.
The board then shall hear the challenger's reasons for the
challenge, and it shall make its decision without opening the
container-return envelope or removing the ballots from it.
The board shall have authority to administer the necessary
oaths or affirmations to all witnesses brought before it to
testify to the qualifications of the voter challenged or to the
validity or invalidity of the ballot.
If the challenge is sustained, the chairman shall mark the
word "sustained" after the word "challenged" following the
voter's name in the register of absentee ballot applications and
ballots issued and in the pollbook of absentee voters; the
voter's ballots shall not be counted; and the container-return
envelope shall not be opened but shall be marked "Challenge
Sustained." All envelopes so marked shall be preserved intact by
the chairman for a period of six months from canvass day or
longer if any contest then is pending concerning the validity of
any absentee ballot.
If the challenge is overruled, the absentee ballots shall be
removed from the container-return envelopes and counted by the
board of elections, and the board shall adjust the appropriate
abstracts of returns to show that the ballots have been counted
and tallied in the manner provided for unchallenged absentee
ballots.
If the challenge was delivered to the board by the chief judge
of the precinct and was sustained, the board shall reopen the
appropriate ballot boxes, remove such ballots, determine how
those ballots were voted, deduct such ballots from the returns,
and adjust the appropriate abstracts of returns.
Any voter whose ballots have been challenged may, either
personally or through an authorized representative, appear before
the board at the hearing on the challenge and present evidence as
to the validity of the ballot. (1939, c. 159, ss. 8, 9; 1945, c.
758, s. 8; 1953, c. 1114; 1963, c. 547, s. 8; 1965, c. 871; 1967,
c. 775, s. 1; 1973, c. 536, s. 4; 1993 (Reg. Sess., 1994), c.
762, s. 29.)
§ 163-90. Challenge as felon; answer not to be used on
prosecution.
If any registered voter is challenged as having been
convicted of any crime which excludes him from the right of
suffrage, he shall be required to answer any question in relation
to the alleged conviction, but his answers to such questions
shall not be used against him in any criminal prosecution. (1901,
c. 89, s. 71; Rev., s. 3388; C.S., s. 5974; 1967, c. 775, s. 1.)
§ 163-90.1. Burden of proof.
(a)Challenges shall not be made indiscriminately and may
only be made if the challenger knows, suspects or reasonably
believes such a person not to be qualified and entitled to vote.
(b) No challenge shall be sustained unless the challenge is
substantiated by affirmative proof. In the absence of such proof,
the presumption shall be that the voter is properly registered or
affiliated. (1979, c. 357, s. 4.)
§ 163-90.2. Action when challenge sustained, overruled, or
dismissed.
(a)When any challenge is sustained for any cause listed
under G.S. 163-85(c), the board shall cancel the voter
registration of the voter and shall remove his card from the
book, but shall maintain such record for at least six months and
during the pendency of any appeal.
(b) When any challenge heard under G.S. 163-88 or 163-89 is
sustained on the ground that the voter is not affiliated with the
political party shown on his registration record, the board shall
change the voter's party affiliation to "unaffiliated."
(c) When any challenge made under G.S. 163-85 is overruled or
dismissed, the board shall erase the word "challenged" which
appears on the person's registration records.
(d) A decision by a county board of elections on any challenge
made under the provisions of this Article shall be appealable to
the Superior Court of the county in which the offices of that
board are located within 10 days. Only those persons against whom
a challenge is sustained or persons who have made a challenge
which is overruled shall have standing to file such appeal.
(1979, c. 357, s. 4; 1987 (Reg. Sess., 1988), c. 1028, s. 11.)
§ 163-90.3. Making false affidavit perjury.
Any person who shall knowingly make any false affidavit or
shall knowingly swear or affirm falsely to any matter or thing
required by the terms of this Article to be sworn or affirmed
shall be guilty of a Class I felony. (1979, c. 357, s. 4; 1987,
c. 565, s. 2.)
SUBCHAPTER IV. POLITICAL PARTIES.
Article 9.
Political Party Definition.
§ 163-96. "Political party" defined; creation of new party.
(a)Definition. – A political party within the meaning of
the election laws of this State shall be either:
(1) Any group of voters which, at the last preceding
general State election, polled for its candidate for
Governor, or for presidential electors, at least ten
percent (10%) of the entire vote cast in the State
for Governor or for presidential electors; or
(2) Any group of voters which shall have filed with the
State Board of Elections petitions for the
formulation of a new political party which are
signed by registered and qualified voters in this
State equal in number to two percent (2%) of the
total number of voters who voted in the most recent
general election for Governor. Also the petition
must be signed by at least 200 registered voters
from each of four congressional districts in North
Carolina. To be effective, the petitioners must file
their petitions with the State Board of Elections
before 12:00 noon on the first day of June preceding
the day on which is to be held the first general
State election in which the new political party
desires to participate. The State Board of Elections
shall forthwith determine the sufficiency of
petitions filed with it and shall immediately
communicate its determination to the State chairman
of the proposed new political party.
(b) Petitions for New Political Party. – Petitions for the
creation of a new political party shall contain on the heading of
each page of the petition in bold print or all in capital letters
the words: "THE UNDERSIGNED REGISTERED VOTERS IN ________ COUNTY
HEREBY PETITION FOR THE FORMATION OF A NEW POLITICAL PARTY TO BE
NAMED ________ AND WHOSE STATE CHAIRMAN IS ____________, RESIDING
AT ____________ AND WHO CAN BE REACHED BY TELEPHONE AT ________
THE SIGNERS OF THIS PETITION INTEND TO ORGANIZE A NEW POLITICAL
PARTY TO PARTICIPATE IN THE NEXT SUCCEEDING GENERAL ELECTION."
All printing required to appear on the heading of the petition
shall be in type no smaller than 10 point or in all capital
letters, double spaced typewriter size. In addition to the form
of the petition, the organizers and petition circulators shall
inform the signers of the general purpose and intent of the new
party.
The petitions must specify the name selected for the proposed
political party. The State Board of Elections shall reject
petitions for the formation of a new party if the name chosen
contains any word that appears in the name of any existing
political party recognized in this State or if, in the Board's
opinion, the name is so similar to that of an existing political
party recognized in this State as to confuse or mislead the
voters at an election.
The petitions must state the name and address of the State
chairman of the proposed new political party.
(b1)Each petition shall be presented to the chairman of the
board of elections of the county in which the signatures were
obtained, and it shall be the chairman's duty:
(1) To examine the signatures on the petition and place
a check mark on the petition by the name of each
signer who is qualified and registered to vote in
his county.
(2) To attach to the petition his signed certificate
a. Stating that the signatures on the petition
have been checked against the registration
records and
b. Indicating the number found qualified and
registered to vote in his county.
(3) To return each petition, together with the
certificate required by the preceding subdivision,
to the person who presented it to him for checking.
The group of petitioners shall submit the petitions to the
chairman of the county board of elections in the county in which
the signatures were obtained no later than 5:00 P.M. on the
fifteenth day preceding the date the petitions are due to be
filed with the State Board of Elections as provided in subsection
(a)(2) of this section. Provided the petitions are timely
submitted, the chairman of the county board of elections shall
proceed to examine and verify the signatures under the provisions
of this subsection. Verification shall be completed within two
weeks from the date such petitions are presented.
(c) Repealed by Session Laws 1983, c. 576, s. 3. (1901, c. 89,
s. 85; Rev., s. 4292; 1915, c. 101, s. 31; 1917, c. 218; C.S.,
ss. 5913, 6052; 1933, c. 165, ss. 1, 17; 1949, c. 671, ss. 1, 2;
1967, c. 775, s. 1; 1975, c. 179; 1979, c. 411, s. 3; 1981, c.
219, ss. 1-3; 1983, c. 576, ss. 1-3; 1997-456, s. 27; 1999-424,
s. 5(a).)
§ 163-97. Termination of status as political party.
When any political party fails to poll for its candidate
for governor, or for presidential electors, at least ten percent
(10%) of the entire vote cast in the State for governor or for
presidential electors at a general election, it shall cease to be
a political party within the meaning of the primary and general
election laws and all other provisions of this Chapter. (1901, c.
89, s. 85; Rev., s. 4292; C.S., s. 5913; 1933, c. 165, s. 1;
1949, c. 671, s. 1; 1967, c. 775, s. 1.)
§ 163-97.1. Voters affiliated with expired political party.
The State Board of Elections shall be authorized to
promulgate appropriate procedures to order the county boards of
elections to change the registration affiliation of all voters
who are recorded on the voter registration books as being
affiliated with a political party which has lost its legal status
as provided in G.S. 163-97. The State Board of Elections shall
not implement the authority contained in this section earlier
than 90 days following the certification of the election in which
the political party failed to continue its legal status as
provided in G.S. 163-97. All voters affiliated with such expired
political party shall be changed to "unaffiliated" designation by
the State Board's order and all such registrants shall be
entitled to declare a political party affiliation as provided in
G.S. 163-74(b). (1975, c. 789; 1977, c. 408, s. 1.)
§ 163-98. General election participation by new political
party.
In the first general election following the date on which
a new political party qualifies under the provisions of G.S. 163-
96, it shall be entitled to have the names of its candidates for
State, congressional, and national offices printed on the
official ballots, but it shall not be entitled to have the names
of candidates for other offices printed on State, district, or
county ballots at that election.
For the first general election following the date on which it
qualifies under G.S. 163-96, a new political party shall select
its candidates by party convention. Following adjournment of the
nominating convention, but not later than the first day of July
prior to the general election, the president of the convention
shall certify to the State Board of Elections the names of
persons chosen in the convention as the new party's candidates
for State, congressional, and national offices in the ensuing
general election. The State Board of Elections shall print names
thus certified on the appropriate ballots as the nominees of the
new party. (1901, c. 89, s. 85; Rev., s. 4292; C.S., s. 5913;
1933, c. 165, s. 1; 1949, c. 671, s. 1; 1967, c. 775, s. 1; 1979,
c. 411, s. 4.)
§ 163-99. Use of schools and other public buildings for
political meetings.
The governing authority having control over schools or
other public buildings which have facilities for group meetings,
or where polling places are located, is hereby authorized and
directed to permit the use of such buildings without charge,
except custodial and utility fees, by political parties, as
defined in G.S. 163-96, for the express purpose of annual or
biennial precinct meetings and county and district conventions.
Provided, that the use of such buildings by political parties
shall not be permitted at times when school is in session or
which would interfere with normal school activities or functions
normally carried on in such school buildings, and such use shall
be subject to reasonable rules and regulations of the school
boards and other governing authorities. (1975, c. 465; 1983, c.
519, ss. 1, 2.)
§§ 163-100 through 163-103. Reserved for future codification
purposes.
SUBCHAPTER V. NOMINATION OF CANDIDATES.
Article 10.
Primary Elections.
§ 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. (1915, c. 101, s. 3; 1917, c. 218;
C.S., s. 6020; 1967, c. 775, s. 1.)
§ 163-105. Payment of expense of conducting primary
elections.
The expense of printing and distributing the poll and
registration books, blanks, and ballots for those offices
required by G.S. 163-109(b) to be furnished by the State, and the
per diem and expenses of the State Board of Elections while
engaged in the discharge of primary election duties imposed by
law upon that Board, shall be paid by the State.
The expenses of printing and distributing the ballots for
those offices required by G.S. 163-109(c) to be furnished by
counties, and the per diem (or salary) and expenses of the county
board of elections and the chief judges and judges of election,
while engaged in the discharge of primary election duties imposed
by law upon them, shall be paid by the counties. (1915, c. 101,
s. 7; 1917, c. 218; C.S., s. 6026; 1927, c. 260, s. 21; 1933, c.
165, s. 14; 1967, c. 775, s. 1; 1985, c. 563, s. 1; 1993 (Reg.
Sess., 1994), c. 762, s. 30.)
§ 163-106. Notices of candidacy; pledge; with whom filed;
date for filing; withdrawal.
(a)Notice and Pledge. – No one shall be voted for in a
primary election unless he shall have filed a notice of candidacy
with the appropriate board of elections, State or county, as
required by this section. To this end every candidate for
selection as the nominee of a political party shall file with and
place in the possession of the board of elections specified in
subsection (c) of this section, a notice and pledge in the
following form:
"Date_________
I hereby file notice as a candidate for nomination
as_______________________in
the__________________party primary election to be
held on______________,____________.I affiliate with
the__________________party, (and I certify that I am
now registered on the registration records of the
precinct in which I reside as an affiliate of
the________________________party).
I pledge that if I am defeated in the primary, I
will not run for any office as a write-in candidate
in the next general election.
Signed______________________________________________
____
Name of candidate
Witness:
_________________________________________
_________________________________________
(Title of witness)"
Each candidate shall sign his notice of candidacy in the presence
of the chairman or secretary of the board of elections, State or
county, with which he files. In the alternative, a candidate may
have his signature on the notice of candidacy acknowledged and
certified to by an officer authorized to take acknowledgments and
administer oaths, in which case the candidate may mail his notice
of candidacy to the appropriate board of elections.
In signing his notice of candidacy the candidate shall use
only his legal name and, in his discretion, any nickname by which
he is commonly known. A candidate may also, in lieu of his legal
first name and legal middle initial or middle name (if any) sign
his nickname, provided that he appends to the notice of candidacy
an affidavit that he 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 his
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 himself shall be invalid.
Prior to the date on which candidates may commence filing, the
State Board of Elections shall print and furnish, at State
expense, to each county board of elections a sufficient number of
the notice of candidacy forms prescribed by this subsection for
use by candidates required to file with county boards of
elections.
(b) Eligibility to File. – No person shall be permitted to
file as a candidate in a primary if, at the time he offers to
file notice of candidacy, he is registered on the appropriate
registration book or record as an affiliate of a political party
other than that in whose primary he is attempting to file. No
person who has changed his political party affiliation or who has
changed from unaffiliated status to party affiliation as
permitted in G.S. 163-82.17, shall be permitted to file as a
candidate in the primary of the party to which he changed unless
he has been affiliated with the political party in which he seeks
to be a candidate for at least 90 days prior to the filing date
for the office for which he desires to file his notice of
candidacy.
A person registered as "unaffiliated" shall be ineligible to
file as a candidate in a party primary election.
(c) Time for Filing Notice of Candidacy. – Candidates seeking
party primary nominations for the following offices shall file
their notice of candidacy with the State Board of Elections no
earlier than 12:00 noon on the first Monday in January and no
later than 12:00 noon on the first Monday in February preceding
the primary:
Governor
Lieutenant Governor
All State executive officers
Justices of the Supreme Court, Judges of the Court of Appeals
Judges of the district courts
United States Senators
Members of the House of Representatives of the United States
District attorneys
Candidates seeking party primary nominations for the following
offices shall file their notice of candidacy with the county
board of elections no earlier than 12:00 noon on the first Monday
in January and no later than 12:00 noon on the first Monday in
February preceding the primary:
State Senators
Members of the State House of Representatives
All county offices.
(d) Notice of Candidacy for Certain Offices to Indicate
Vacancy. – In any primary in which there are two or more
vacancies for Chief Justice and associate justices of the Supreme
Court, two or more vacancies for judge of the Court of Appeals,
or two vacancies for United States Senator from North Carolina or
two or more vacancies for the office of 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 a written statement designating the vacancy to which he
seeks nomination. Votes cast for a candidate shall be effective
only for his nomination to the vacancy for which he has given
notice of candidacy as provided in this subsection.
A person seeking party nomination 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 a written statement designating the specialized
judgeship to which he seeks nomination.
(e) Withdrawal of Notice of Candidacy. – Any person who has
filed notice of candidacy for an office shall have the right to
withdraw it at any time prior to the date on which the right to
file for that office expires under the terms of subsection (c) of
this section. If a candidate does not withdraw before the filing
deadline, except as provided in G.S. 163-112, his name shall be
printed on the primary ballot, any votes for him shall be
counted, and he shall not be refunded his filing fee.
(f) Candidates required to file their notice of candidacy with
the State Board of Elections under subsection (c) of this section
shall file along with their notice a certificate signed by the
chairman 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, stating the
party with which the person is affiliated, and that the person
has not changed his affiliation from another party or from
unaffiliated within three months prior to the filing deadline
under subsection (c) of this section. 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 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 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 each
odd-numbered year.
(g) When any candidate files a notice of candidacy with a
county board of elections under subsection (c) of this section or
under G.S. 163-291(2), the chairman or director of elections
shall, immediately upon receipt of the notice of candidacy,
inspect the registration records of the county, and cancel the
notice of candidacy of any person who is not eligible under
subsection (c) of this section. The Board shall give notice of
cancellation to any candidate whose notice of candidacy has been
cancelled under this subsection by mail or by having the notice
served on him by the sheriff.
(h) No person may file a notice of candidacy for more than one
office described in subsection (c) of this section for any one
election. If a person has filed a notice of candidacy with a
board of elections under this section for one office, then a
notice of candidacy may not later be filed for any other office
under this section when the election is on the same date unless
the notice of candidacy for the first office is withdrawn under
subsection (e) of this section; provided that this subsection
shall not apply unless the deadline for filing notices of
candidacy for both offices is the same. Notwithstanding this
subsection, a person may file a notice of candidacy for a full
term as United States Senator, and also file a notice of
candidacy for the remainder of the unexpired term of that same
seat in an election held under G.S. 163-12, and may file a notice
of candidacy for a full term as a member of the United States
House of Representatives, and also file a notice of candidacy for
the remainder of the unexpired term in an election held under
G.S. 163-13.
(i) No person may file a notice of candidacy for superior
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.
No person may be nominated as a superior court judge under G.S.
163-114 unless that person is at the time of nomination a
resident of the judicial district as it will exist at the time
the person would take office if elected. This subsection
implements Article IV Section 9(1) of the North Carolina
Constitution which requires regular Superior Court Judges to
reside in the district for which elected. (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.)
§ 163-107. Filing fees required of candidates in primary;
refunds.
(a)(See editor's note for effective date) Fee
Schedule. – At the time of filing a notice of candidacy, each
candidate shall pay to the board of elections with which he files
under the provisions of G.S. 163-106 a filing fee for the office
he seeks in the amount specified in the following tabulation:
Office Sought Amount of Filing Fee
Governor One percent (1%) of the annual
salary of the office sought
Lieutenant Governor One percent (1%) of the annual
salary of the office sought
All State executive offices One percent (1%) of the annual
salary of the office sought
All Justices, Judges, and One percent (1%) of the annual
District Attorneys of the salary of the office sought
General Court of Justice
United States Senator One percent (1%) of the annual
salary of the office sought
Members of the United States One percent (1%) of the annual
House of Representatives salary of the office sought
State Senator One percent (1%) of the annual
salary of the office sought
Member of the State House of One percent (1%) of the annual
Representatives salary of the office sought
All county offices not One percent (1%) of the annual
compensated by fees salary of the office sought
County commissioners, if Ten dollars ($10.00)
compensated entirely by fees
Members of county board of Five dollars ($5.00)
education, if compensated
entirely by fees
Sheriff, if compensated Forty dollars ($40.00), plus
one
entirely by fees percent (1%) of the income of
the
office above four thousand
dollars ($4,000)
Clerk of superior court, if Forty dollars ($40.00), plus
one
compensated entirely by fees percent (1%) of the income of
the
office above four thousand
dollars ($4,000)
Register of deeds, if Forty dollars ($40.00), plus
one
compensated entirely by fees percent (1%) of the income of
the
office above four thousand
dollars ($4,000)
Any other county office, if Twenty dollars ($20.00), plus
one
compensated entirely by fees percent (1%) of the income of
the
office above two thousand
dollars
($2,000)
All county offices compensated One percent (1%) of the first
partly by salary and partly annual salary to be received
by fees (exclusive of fees)
(a) (See editor's note for effective date) Fee
Schedule. – At the time of filing a notice of candidacy, each
candidate shall pay to the board of elections with which he files
under the provisions of G.S. 163-106 a filing fee for the office
he seeks in the amount specified in the following tabulation:
Office Sought Amount of Filing Fee
Governor One percent (1%) of the annual
salary of the office sought
Lieutenant Governor One percent (1%) of the annual
salary of the office sought
All State executive offices One percent (1%) of the annual
salary of the office sought
All Justices, Judges, and One percent (1%) of the annual
District Attorneys of the salary of the office sought
General Court of Justice
other than superior court
judge
United States Senator One percent (1%) of the annual
salary of the office sought
Members of the United States One percent (1%) of the annual
House of Representatives salary of the office sought
State Senator One percent (1%) of the annual
salary of the office sought
Member of the State House of One percent (1%) of the annual
Representatives salary of the office sought
All county offices not One percent (1%) of the annual
compensated by fees salary of the office sought
County commissioners, if Ten dollars ($10.00)
compensated entirely by fees
Members of county board of Five dollars ($5.00)
education, if compensated
entirely by fees
Sheriff, if compensated Forty dollars ($40.00), plus
one
entirely by fees percent (1%) of the income of
the
office above four thousand
dollars ($4,000)
Clerk of superior court, if Forty dollars ($40.00), plus
one
compensated entirely by fees percent (1%) of the income of
the
office above four thousand
dollars ($4,000)
Register of deeds, if Forty dollars ($40.00), plus
one
compensated entirely by fees percent (1%) of the income of
the
office above four thousand
dollars ($4,000)
Any other county office, if Twenty dollars ($20.00), plus
one
compensated entirely by fees percent (1%) of the income of
the
office above two thousand
dollars
($2,000)
All county offices compensated One percent (1%) of the first
partly by salary and partly annual salary to be received
by fees (exclusive of fees).
(b) Refund of Fees. – If any person who has filed a notice of
candidacy and paid the filing fee prescribed in subsection (a) of
this section, withdraws his notice of candidacy within the period
prescribed in G.S. 163-106(e), he shall be entitled to have the
fee he paid refunded. If the fee was paid to the State Board of
Elections, the chairman of that board shall cause a warrant to be
drawn on the Treasurer of the State for the refund payment. If
the fee was paid to a county board of elections, the chairman of
the Board shall certify to the county finance officer that the
refund should be made, and the county finance officer shall make
the refund in accordance with the provisions of the Local
Government Budget and Fiscal Control Act. If any person who has
filed a notice of candidacy and paid the filing fee prescribed in
subsection (a) of this section dies prior to the date of the
primary election provided by G.S. 163-1, the personal
representative of the estate shall be entitled to have the fee
refunded if application is made to the board of elections to
which the fee was paid no later than one year after the date of
death, and refund shall be made in the same manner as in
withdrawal of notice of candidacy.
If any person files a notice of candidacy and pays a filing
fee to a board of elections other than that with which he is
required to file under the provisions of G.S. 163-106(e), he
shall be entitled to have the fee refunded in the manner
prescribed in this subsection if he requests the refund before
the date on which the right to file for that office expires under
the provisions of G.S. 163-106(e). (1915, c. 101, s. 4; 1917, c.
218; 1919, cc. 50, 139; C.S., ss. 6023, 6024; 1927, c. 260, s.
20; 1933, c. 165, s. 12; 1939, c. 264, s. 2; 1959, c. 1203, s. 5;
1967, c. 775, s. 1; 1969, c. 44, s. 84; 1973, c. 47, s. 2; c.
793, s. 37; 1977, c. 265, s. 6; 1983, c. 913, s. 56; 1995, c.
464, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 9.)
§ 163-107.1. Petition in lieu of payment of filing fee.
(a)Any qualified voter who seeks nomination in the party
primary of the political party with which he affiliates may, in
lieu of payment of any filing fee required for the office he
seeks, file a written petition requesting him to be a candidate
for a specified office with the appropriate board of elections,
State, county or municipal.
(b) If the candidate is seeking the office of United States
Senator, Governor, Lieutenant Governor, any State executive
officer, Justice of the Supreme Court or Judge of the Court of
Appeals, the petition must be signed by 10,000 registered voters
who are members of the political party in whose primary the
candidate desires to run, except that in the case of a political
party as defined by G.S. 163-96(a)(2) which will be making
nominations by primary election, the petition must be signed by
ten percent (10%) of the registered voters of the State who are
affiliated with the same political party in whose primary the
candidate desires to run, or in the alternative, the petition
shall be signed by no less than 10,000 registered voters
regardless of the voter's political party affiliation, whichever
requirement is greater. The petition must be filed with the State
Board of Elections not later than 12:00 noon on Monday preceding
the filing deadline before the primary in which he seeks to run.
The names on the petition shall be verified by the board of
elections of the county where the signer is registered, and the
petition must be presented to the county board of elections at
least 15 days before the petition is due to be filed with the
State Board of Elections. When a proper petition has been filed,
the candidate's name shall be printed on the primary ballot.
(c) (See editor's note for effective date) County,
Municipal and District Primaries. – If the candidate is seeking
one of the offices set forth in G.S. 163-106(c) but which is not
listed in subsection (b) of this section, or a municipal or any
other office requiring a partisan primary which is not set forth
in G.S. 163-106(c) or (d), he shall file a written petition with
the appropriate board of elections no later than 12:00 noon on
Monday preceding the filing deadline before the primary. The
petition shall be signed by ten percent (10%) of the registered
voters of the election area in which the office will be voted
for, who are affiliated with the same political party in whose
primary the candidate desires to run, or in the alternative, the
petition shall be signed by no less than 200 registered voters
regardless of said voter's political party affiliation, whichever
requirement is greater. The board of elections shall verify the
names on the petition, and if the petition is found to be
sufficient, the candidate's name shall be printed on the
appropriate primary ballot. Petitions for candidates for member
of the U.S. House of Representatives, District Attorney, judge of
the District Court and judge of the Superior Court, or members of
the State House of Representatives from multi-county districts or
members of the State Senate from multi-county districts must be
presented to the county board of elections for verification at
least 15 days before the petition is due to be filed with the
State Board of Elections, and such petition must be filed with
the State Board of Elections no later than 12:00 noon on Monday
preceding the filing deadline. The State Board of Elections may
adopt rules to implement this section and to provide standard
petition forms.
(c) (See editor's note for effective date) County,
Municipal and District Primaries. – If the candidate is seeking
one of the offices set forth in G.S. 163-106(c) but which is not
listed in subsection (b) of this section, or a municipal or any
other office requiring a partisan primary which is not set forth
in G.S. 163-106(c) or (d), he shall file a written petition with
the appropriate board of elections no later than 12:00 noon on
Monday preceding the filing deadline before the primary. The
petition shall be signed by ten percent (10%) of the registered
voters of the election area in which the office will be voted
for, who are affiliated with the same political party in whose
primary the candidate desires to run, or in the alternative, the
petition shall be signed by no less than 200 registered voters
regardless of said voter's political party affiliation, whichever
requirement is greater. The board of elections shall verify the
names on the petition, and if the petition is found to be
sufficient, the candidate's name shall be printed on the
appropriate primary ballot. Petitions for candidates for member
of the U.S. House of Representatives, District Attorney, and
judge of the District Court or members of the State House of
Representatives from multi-county districts or members of the
State Senate from multi-county districts must be presented to the
county board of elections for verification at least 15 days
before the petition is due to be filed with the State Board of
Elections, and such petition must be filed with the State Board
of Elections no later than 12:00 noon on Monday preceding the
filing deadline. The State Board of Elections may adopt rules to
implement this section and to provide standard petition forms.
(d) Nonpartisan Primaries and Elections. – Any qualified voter
who seeks to be a candidate in any nonpartisan primary or
election may, in lieu of payment of the filing fee required, file
a written petition signed by ten percent (10%) of the registered
voters in the election area in which the office will be voted for
with the appropriate board of elections. Any qualified voter may
sign the petition. The petition shall state the candidate's name,
address and the office which he is seeking. The petition must be
filed with the appropriate board of elections no later than 60
days prior to the filing deadline for the primary or election,
and if found to be sufficient, the candidate's name shall be
printed on the ballot. (1975, c. 853; 1977, c. 386; 1985, c. 563,
s. 13; 1996, 2nd Ex. Sess., c. 9, s. 12.)
§ 163-108. Certification of notices of candidacy.
(a)Within three days after the time for filing notices of
candidacy with the State Board of Elections under the provisions
of G.S. 163-106(c) has expired, the chairman or secretary of that
Board shall certify to the Secretary of State the name, address,
and party affiliation of each person who has filed with the State
Board of Elections, indicating in each instance the office
sought.
(b) No later than 10 days after the time for filing notices of
candidacy under the provisions of G.S. 163-106(c) has expired,
the chairman of the State Board of Elections shall certify to the
chairman of the county board of elections in each county in the
appropriate district the names of candidates for nomination to
the following offices who have filed the required notice and
pledge and paid the required filing fee to the State Board of
Elections, so that their names may be printed on the official
county ballots: Superior court judge, district court judge, and
district attorney.
(c) In representative districts composed of more than one
county and in multi-county senatorial districts the chairman or
secretary of the county board of elections in each county shall,
within three days after the time for filing notices of candidacy
under the provisions of G.S. 163-106(c) has expired, certify to
the State Board of Elections (i) the names of all candidates who
have filed notice of candidacy in his county for member of the
State Senate, or, if such is the fact, that no candidates have
filed in his county for that office, and (ii) the names of all
candidates who have filed notice of candidacy in his county for
the office of member of the State House of Representatives or, if
such is the fact, that no candidates have filed in his county for
that office. The chairman of the county board of elections shall
forward a copy of this report to the chairman of the board of
elections of each of the other counties in the representative or
senatorial district. Within 10 days after the time for filing
notices of candidacy for those offices has expired the chairman
or secretary of the State Board of Elections shall certify to the
chairman of the county board of elections in each county of each
multi-county representative or senatorial district the names of
all candidates for the House of Representatives and Senate which
must be printed on the county ballots.
(d) Within two days after he receives each of the letters of
certification from the chairman of the State Board of Elections
required by subsections (b) and (c) of this section, each county
elections board chairman shall acknowledge receipt by letter
addressed to the chairman of the State Board of Elections. (1915,
c. 101, s. 8; 1917, c. 218; C.S., s. 6028; 1927, c. 260, s. 22;
1966, Ex. Sess., c. 5, s. 8; 1967, c. 775, s. 1; 1973, c. 793, s.
38; 1979, c. 797, s. 5; 1983, c. 331, s. 1.)
§ 163-108.1. Nomination of members of House of
Representatives.
Chapter 826, Session Laws of 1957; Chapter 484, Session
Laws of 1961; Chapter 621, Session Laws of 1959; Chapter 894,
Session Laws of 1945; Chapter 442, Session Laws of 1955; Chapter
103, Public- Local Laws of 1941; Chapter 439, Session Laws of
1955; Chapter 238, Session Laws of 1959; and all other special
and local acts providing for the nomination of candidates for the
State House of Representatives by convention in any county, are
modified and amended as follows: In the several representative
districts of the State containing two or more counties, each
political party shall nominate candidates for membership in the
State House of Representatives according to the provisions of the
statewide primary law, Article 19 [Article 10], Chapter 163 of
the General Statutes of North Carolina, or by district convention
of the party when so provided by law. In a county assigned to a
multi-county representative district, no political party shall
nominate candidates for the State House of Representatives by
party convention for the single county. (1966, Ex. Sess., c. 5,
s. 16.)
§ 163-109. Primary ballots; printing and distribution.
(a)General. – In primary elections there shall be as many
kinds of official State, district, and county ballots as there
are legally recognized political parties, members of which have
filed notice of their candidacy for nomination. The ballots for
each political party shall be printed to conform to the
requirements of G.S. 163-140(c) and to show the party's name, the
name of each party member who has filed notice of candidacy, and
the office for which each aspirant is a candidate.
Only those who have filed the required notice of candidacy and
pledge with the proper board of elections, and who have paid the
required filing fee, shall have their names printed on the
official ballots of the political party with which affiliated.
(b) Ballots to Be Furnished by State Board of Elections. – It
shall be the duty of the State Board of Elections to print
official ballots for each political party having candidates for
the following offices to be voted for in the primary:
United States Senator,
Member of the House of Representatives of the United
States Congress, Governor, and
All other State offices, except superior court judge, district
court judge, and district attorney.
In its discretion, the State Board of Elections may print
separate primary ballots for each of these offices, or it may
combine some or all of them on a single ballot.
At least 60 days before the date of the primary, the State
Board of Elections shall deliver a sufficient number of these
ballots to each county board of elections. The chairman of the
county board of elections shall furnish the chairman of the State
Board of Elections with a written receipt for the ballots
delivered to him within two days after their receipt.
(c) Ballots to Be Furnished by County Board of Elections. – It
shall be the duty of the county board of elections to print
official ballots for each political party having candidates for
the following offices to be voted for in the primary:
Superior court judge,
District court judge,
District attorney,
State Senator,
Member of the House of Representatives of the General
Assembly, and All county offices.
In printing primary ballots, the county board of elections
shall be governed by instructions of the State Board of Elections
with regard to width, color, kind of paper, form, and size of
type.
In its discretion, the county board of elections may print
separate primary ballots for the district and county offices
listed in this subsection, or it may combine some or all of them
on a single ballot. In a primary election, if there shall be 10
or more candidates for nomination to any one office, the county
board of elections in its discretion may prepare a separate
ballot for said office.
Three days before the primary election, the chairman of the
county board of elections shall distribute official State,
district, and county ballots to the chief judge of each precinct
in his county, and the chief judge shall give him a receipt for
the ballots received. On the day of the primary it shall be the
chief judge's duty to have all the ballots delivered to him
available for use at the precinct voting place.
(d) Repealed by Session Laws 1977, c. 265, s. 8. (1915, c.
101, ss. 8, 17; 1917, c. 218; C.S., ss. 6028, 6037; 1927, c. 260,
s. 22; 1933, c. 165, s. 16; 1966, Ex. Sess., c. 5, ss. 8, 10;
1967, c. 775, s. 1; c. 1063, s. 3; 1973, c. 793, ss. 39-41; 1977,
c. 265, ss. 7, 8; 1979, c. 411, s. 6; 1993 (Reg. Sess., 1994), c.
762, s. 32.)
§ 163-110. Candidates declared nominees without primary.
If a nominee for a single office is to be selected and
only one candidate of a political party files for that office, or
if nominees for two or more offices (constituting a group) are to
be selected, and only the number of candidates equal to the
number of the positions to be filled file for a political party
for said offices, then the appropriate board of elections shall,
upon the expiration of the filing period for said office,
declare such persons as the nominees or nominee of that party,
and the names shall not be printed on the primary ballot, but
shall be printed on the general election ballot as candidate for
that political party for that office. For the following offices,
this declaration shall be made by the county board of elections
with which the aspirant filed notice of candidacy: All county
offices, State Senators in single-county senatorial districts,
and members of the State House of Representatives in single-
county representative districts. For all other offices, this
declaration shall be made by the State Board of Elections. (1915,
c. 101, ss. 13, 19; 1917, c. 218; C.S., ss. 6033, 6039; 1966, Ex.
Sess., c. 5, ss. 9, 11; 1967, c. 775, s. 1; 1973, c. 793, s. 42;
1975, c. 19, s. 68; 1981, c. 220, ss. 1, 2.)
§ 163-111. Determination of primary results; second
primaries.
(a)Nomination Determined by Substantial Plurality;
Definition of Substantial Plurality. – Except as otherwise
provided in this section, nominations in primary elections shall
be determined by a substantial plurality of the votes cast. A
substantial plurality within the meaning of this section shall be
determined as follows:
(1) If a nominee for a single office is to be selected,
and there is more than one person seeking
nomination, the substantial plurality shall be
ascertained by multiplying the total vote cast for
all aspirants by forty percent (40%). Any excess of
the sum so ascertained shall be a substantial
plurality, and the aspirant who obtains a
substantial plurality shall be declared the nominee.
If two candidates receive a substantial plurality,
the candidate receiving the highest vote shall be
declared the nominee.
(2) If nominees for two or more offices (constituting a
group) are to be selected, and there are more
persons seeking nomination than there are offices,
the substantial plurality shall be ascertained by
dividing the total vote cast for all aspirants by
the number of positions to be filled, and by
multiplying the result by forty percent (40%). Any
excess of the sum so ascertained shall be a
substantial plurality, and the aspirants who obtain
a substantial plurality shall be declared the
nominees. If more candidates obtain a substantial
plurality than there are positions to be filled,
those having the highest vote (equal to the number
of positions to be filled) shall be declared the
nominees.
(b) Right to Demand Second Primary. – If an insufficient
number of aspirants receive a substantial plurality of the votes
cast for a given office or group of offices in a primary, a
second primary, subject to the conditions specified in this
section, shall be held:
(1) If a nominee for a single office is to be selected
and no aspirant receives a substantial plurality of
the votes cast, the aspirant receiving the highest
number of votes shall be declared nominated by the
appropriate board of elections unless the aspirant
receiving the second highest number of votes shall
request a second primary in accordance with the
provisions of subsection (c) of this section. In the
second primary only the two aspirants who received
the highest and next highest number of votes shall
be voted for.
(2) If nominees for two or more offices (constituting a
group) are to be selected and aspirants for some or
all of the positions within the group do not receive
a substantial plurality of the votes, those
candidates equal in number to the positions
remaining to be filled and having the highest number
of votes shall be declared the nominees unless some
one or all of the aspirants equal in number to the
positions remaining to be filled and having the
second highest number of votes shall request a
second primary in accordance with the provisions of
subsection (c) of this section. In the second
primary to select nominees for the positions in the
group remaining to be filled, the names of all those
candidates receiving the highest number of votes and
all those receiving the second highest number of
votes and demanding a second primary shall be
printed on the ballot.
(c) Procedure for Requesting Second Primary. –
(1) A candidate who is apparently entitled to demand a
second primary, according to the unofficial results,
for one of the offices listed below, and desiring to
do so, shall file a request for a second primary in
writing or by telegram with the Executive Secretary-
Director of the State Board of Elections no later
than 12:00 noon on the seventh day (including
Saturdays and Sundays) following the date on which
the primary was conducted, and such request shall be
subject to the certification of the official results
by the State Board of Elections. If the vote
certification by the State Board of Elections
determines that a candidate who was not originally
thought to be eligible to call for a second primary
is in fact eligible to call for a second primary,
the Executive Secretary-Director of the State Board
of Elections shall immediately notify such candidate
and permit him to exercise any options available to
him within a 48-hour period following the
notification:
Governor,
Lieutenant Governor,
All State executive officers,
Justices, Judges, or District Attorneys
of the General
Court of Justice, other than superior
court judge,
United States Senators,
Members of the United States House of
Representatives,
State Senators in multi-county senatorial
districts, and
Members of the State House of
Representatives in
multi-county representative districts.
(2) A candidate who is apparently entitled to demand a
second primary, according to the unofficial results,
for one of the offices listed below and desiring to
do so, shall file a request for a second primary in
writing or by telegram with the chairman or director
of the county board of elections no later than 12:00
noon on the seventh day (including Saturdays and
Sundays) following the date on which the primary was
conducted, and such request shall be subject to the
certification of the official results by the county
board of elections:
State Senators in single-county
senatorial districts,
Members of the State House of
Representatives in
single-county representative districts,
and
All county officers.
(3) Immediately upon receipt of a request for a second
primary the appropriate board of elections, State or
county, shall notify all candidates entitled to
participate in the second primary, by telephone
followed by written notice, that a second primary
has been requested and of the date of the second
primary.
(d) Tie Votes; How Determined. –
(1) In the event of a tie for the highest number of
votes in a first primary between two candidates for
party nomination for a single county, or single-
county legislative district office, the board of
elections of the county in which the two candidates
were voted for shall conduct a recount and declare
the results. If the recount shows a tie vote, a
second primary shall be held on the date prescribed
in subsection (e) of this section between the two
candidates having an equal vote, unless one of the
aspirants, within three days after the result of the
recount has been officially declared, files a
written notice of withdrawal with the board of
elections with which he filed notice of candidacy.
Should that be done, the remaining aspirant shall be
declared the nominee. In the event of a tie for the
highest number of votes in a first primary among
more than two candidates for party nomination for
one of the offices mentioned in this subdivision, no
recount shall be held, but all of the tied
candidates shall be entered in a second primary.
(2) In the event of a tie for the highest number of
votes in a first primary between two candidates for
a State office, for United States Senator, or for
any district office (including State Senator in a
multi-county senatorial district and member of the
State House of Representatives in a multi-county
representative district), no recount shall be held
solely by reason of the tie, but the two candidates
having an equal vote shall be entered in a second
primary to be held on the date prescribed in
subsection (e) of this section, unless one of the
two candidates files a written notice of withdrawal
with the State Board of Elections within three days
after the result of the first primary has been
officially declared and published. Should that be
done, the remaining aspirant shall be declared the
nominee. In the event of a tie for the highest
number of votes in a first primary among more than
two candidates for party nomination for one of the
offices mentioned in this subdivision, no recount
shall be held, but all of the tied candidates shall
be entered in a second primary.
(3) In the event one candidate receives the highest
number of votes cast in a first primary, but short
of a substantial plurality, and two or more of the
other candidates receive the second highest number
of votes cast in an equal number, the proper board
of elections shall declare the candidate having the
highest vote to be the party nominee, unless all but
one of the tied candidates give written notice of
withdrawal to the proper board of elections within
three days after the result of the first primary has
been officially declared. If all but one of the tied
candidates withdraw within the prescribed three-day
period, and the remaining candidate demands a second
primary in accordance with the provisions of
subsection (c) of this section, a second primary
shall be held between the candidate who received the
highest vote and the remaining candidate who
received the second highest vote.
(e) Date of Second Primary; Procedures. – If a second primary
is required under the provisions of this section, the appropriate
board of elections, State or county, shall order that it be held
four weeks after the first primary.
There shall be no registration of voters between the dates of
the first and second primaries. Persons whose qualifications to
register and vote mature after the day of the first primary and
before the day of the second primary may register on the day of
the second primary and, when thus registered, shall be entitled
to vote in the second primary. The second primary is a
continuation of the first primary and any voter who files a
proper and timely affidavit of transfer of precinct, under the
provisions of G.S. 163-82.15, before the first primary may vote
in the second primary without having to refile the affidavit of
transfer if he is otherwise qualified to vote in the second
primary. Subject to this provision for registration, the second
primary shall be held under the laws, rules, and regulations
provided for the first primary.
(f) No Third Primary Permitted. – In no case shall there be a
third primary. The candidates receiving the highest number of
votes in the second primary shall be nominated. If in a second
primary there is a tie for the highest number of votes between
two candidates, the proper party executive committee shall select
the party nominee for the office in accordance with the
provisions of G.S. 163-114. (1915, c. 101, s. 24; 1917, c. 179,
s. 2; c. 218; C.S., s. 6045; 1927, c. 260, s. 23; 1931, c. 254,
s. 17; 1959, c. 1055; 1961, c. 383; 1966, Ex. Sess., c. 5, s. 13;
1967, c. 775, s. 1; 1969, c. 44, s. 85; 1973, c. 47, s. 2; c.
793, ss. 43, 44; 1975, c. 844, s. 3; 1977, c. 265, s. 9; 1981, c.
645, ss. 1, 2; 1989, c. 549; 1995, c. 243, s. 1; 1996, 2nd Ex.
Sess., c. 9, s. 10; 1999-424, s. 7(e).)
§ 163-112. Death of candidate before primary; vacancy in
single office.
(a)Death of One of Two Candidates within 30 Days after the
Filing Period Closes. – If at the time the filing period closes,
only two persons have filed notice of candidacy for nomination by
a political party to a single office, and one of the candidates
dies within 30 days after the filing period closes, then the
proper board of elections shall, upon notice of the death, reopen
the filing period for that party contest, for an additional three
days. Should no candidate file during the three days, the board
of elections shall certify the remaining candidate as the nominee
of his party as provided in G.S. 163-110.
(b) Death of One of More Than Two Candidates within 30 Days
after the Filing Period Closes. – If at the close of the filing
period more than two candidates have filed for a single office,
and within 30 days after the filing period closes the board of
elections receives notice of a candidate's death, the board shall
immediately open the filing period for that party contest, for
three additional days in order for candidates to file for that
office. The name of the deceased candidate shall not be printed
on the ballot.
In the event a candidate's death occurs more than 30 days
after the closing of the original filing period, the names of the
remaining candidates shall be printed on the ballot. If the
ballots have been printed at the time death occurs, the ballots
shall not be reprinted and any votes cast for a deceased
candidate shall not be counted or considered for any purpose. In
the event the death of a candidate or candidates leaves only one
candidate, then such candidate shall be certified as the party's
nominee for that office.
(c) Vacancy in Group Offices within 30 Days after the Filing
Period Closes. – If at the time the filing period closes more
persons have filed notice of candidacy for nomination by a
political party to an office constituting a group than there are
positions to be filled, and a candidate or candidates die within
30 days after the filing period closes, and there remains only
the number of candidates equal to or fewer than the number of
positions to be filled, the appropriate board of elections shall
reopen the filing period for that party contest, for three days
for that office. Should no persons file during the three-day
period, then those candidates already filed shall be certified as
the party nominees for that office.
(d) Vacancy in Group Offices More Than 30 Days after the
Filing Period Closes. – In the event a candidate or candidates
death occurs more than 30 days after the original filing period
closes for an office constituting a group, then regardless of the
number of candidates filed for nomination, the board of elections
shall be governed as follows:
(1) If the ballots have not been printed at the time the
board of elections receives notice of the death, the
deceased candidate's name shall not be printed on
the ballot.
(2) If the ballots have been printed at the time the
board of elections receives notice of the death, the
ballots shall not be reprinted but votes cast for
the deceased candidate shall not be counted for any
purpose.
(3) In the event the death of a candidate or candidates
results in the number of candidates being equal to
or less than the number of positions to be filled
for that office, then the remaining candidates shall
be certified as the party nominees for that office
and no primary shall be held for that office.
(4) If death, resignation or disqualification of
candidates results in the number of candidates being
less than the number of positions to be filled for
that office, then the appropriate party executive
committee shall, in accordance with G.S. 163-114,
make nominations of persons equal to the number of
positions to be filled and no primary shall be held
and those names shall be printed on the general
election ballot. (1959, c. 1054; 1967, c. 775, s. 1;
1981, c. 434; 1993, c. 553, s. 60.)
§ 163-113. Nominee's right to withdraw as candidate.
A person who has been declared the nominee of a political
party for a specified office under the provisions of G.S. 163-
175, G.S. 163-192, or G.S. 163-110, shall not be permitted to
resign as a candidate unless, at least 30 days before the general
election, he submits to the board of elections which certified
his nomination a written request that he be permitted to
withdraw. (1929, c. 164, s. 8; 1967, c. 775, s. 1.)
§ 163-114. Filling vacancies among party nominees occurring
after nomination and before election.
If any person nominated as a candidate of a political
party for one of the offices listed below (either in a primary or
convention or by virtue of having no opposition in a primary)
dies, resigns, or for any reason becomes ineligible or
disqualified before the date of the ensuing general election, the
vacancy shall be filled by appointment according to the following
instructions:
Position | Vacancy is to be filled by
Any elective State office | appointment of State
United States Senator executive committee of
| political party in which
| vacancy occurs
A district office, including: |
Member of the United States |
House of Representatives |
Judge of district court | Appropriate district executive
District Attorney | committee of political party
State Senator in a multi- | in which vacancy occurs
county senatorial district |
Member of State House of |
Representatives in a multi-|
county representative |
district |
State Senator in a single- | County executive committee
county senatorial district | of political party in which
Member of State House of | vacancy occurs, provided, in
Representatives in a | the case of the State
single-county | Senator or State
representative district | Representative in a
Any elective county office | single-county district where
not all the county is
located in that district,
then in voting, only those
members of the county
executive committee who
reside within the
district shall vote
The party executive making a nomination in accordance with the
provisions of this section shall certify the name of its nominee
to the chairman of the board of elections, State or county,
charged with the duty of printing the ballots on which the name
is to appear. If at the time a nomination is made under this
section the general election ballots have already been printed,
the provisions of G.S. 163-139 shall apply. If any person
nominated as a candidate of a political party vacates such
nomination and such vacancy arises from a cause other than death
and the vacancy in nomination occurs more than 120 days before
the general election, the vacancy in nomination may be filled
under this section only if the appropriate executive committee
certifies the name of the nominee in accordance with this
paragraph at least 75 days before the general election.
In a county not all of which is located in one congressional
district, in choosing the congressional district executive
committee member or members from that area of the county, only
the county convention delegates or county executive committee
members who reside within the area of the county which is within
the congressional district may vote.
In a county which is partly in a multi-county senatorial
district or which is partly in a multi-county House of
Representatives district, in choosing that county's member or
members of the senatorial district executive committee or House
of Representatives district executive committee for the multi-
county district, only the county convention delegates or county
executive committee members who reside within the area of the
county which is within that multi-county district may vote.
(1929, c. 164, s. 19; 1967, c. 775, s. 1; 1973, c. 793, s. 45;
1981 (Reg. Sess., 1982), c. 1265, ss. 4, 5; 1987, c. 509, s. 10;
c. 526; c. 738, s. 124; 1987 (Reg. Sess., 1988), c. 1037, s.
126.1; 1991, c. 727, s. 8; 1996, 2nd Ex. Sess., c. 9, s. 13.)
§ 163-115. Special provisions for obtaining nominations when
vacancies occur in certain offices.
(a)If a vacancy occurs in the office of the clerk of
superior court, otherwise than by expiration of the term, or if
the people fail to elect, the vacancy shall be filled as provided
in Sec. 9(3) of Article IV of the North Carolina Constitution. If
the vacancy occurs after the time for filing notice of candidacy
in the primary has expired in a year when a regular election is
not being held to elect a clerk of the superior court by
expiration of term, then the county executive committee of each
political party shall nominate a candidate whose name shall
appear on the general election ballot. The candidate elected in
the general election shall serve the unexpired portion of the
term of the person causing the vacancy.
(b) In the event a special election is called to fill a
vacancy in the State's delegation in the United States House of
Representatives, the provisions of G.S. 163-13 shall apply.
(c) If a vacancy occurs in an elective State or district
office (other than member of the United States House of
Representatives) during the period opening 10 days before the
filing period for the office ends and closing 30 days before the
ensuing general election, a nomination shall be made by the
proper executive committee of each political party as provided in
G.S. 163-114, and the names of the nominees shall be printed on
the general election ballots.
(d) If a vacancy occurs on a county board of commissioners and
G.S. 153A-27 or G.S. 153A-27.1 requires that a person shall be
elected to the seat vacated for the remainder of the unexpired
term, and the vacancy occurs:
(1) Beginning on the tenth day before the filing period
ends under G.S. 163-106(c), a nomination shall be
made by the county executive committee of each
political party and the names of the nominees shall
be printed on the general election ballots.
(2) Prior to the tenth day before the filing period ends
under G.S. 163-106(c), nominations shall be made by
primary election as provided by this Article.
(e) If a vacancy occurs in the office of United States
Senator, and the vacancy occurs:
(1) Beginning on the tenth day before the filing period
ends under G.S. 163-106(c), a nomination shall be
made by the State executive committee of each
political party and the names of the nominees shall
be printed on the general election ballots.
(2) Prior to the tenth day before the filing period ends
under G.S. 163-106(c), nominations shall be made by
primary election as provided by this Article. (1915,
c. 101, s. 33; 1917, c. 179, s. 3; c. 218; C.S., s.
6053; 1923, c. 111, s. 16; 1955, c. 574; 1957, c.
1242; 1966, Ex. Sess., c. 5, s. 14; 1967, c. 775, s.
1; 1973, c. 793, s. 46; 1985, c. 563, ss. 7, 7.1; c.
759, s. 1; 1997-456, s. 27.)
§§ 163-116 through 163-118. Repealed by Session Laws 1973, c.
793, ss. 47- 49.
§ 163-119. Voting by unaffiliated voter in party primary.
If a political party has, by action of its State Executive
Committee reported to the State Board of Elections by resolution
delivered no later than the first day of December preceding a
primary, provided that unaffiliated voters may vote in the
primary of that party, an unaffiliated voter may vote in the
primary of that party by announcing that intention under G.S. 163-
150(a). For a party to withdraw its permission, it must do so by
action of its State Executive Committee, similarly reported to
the State Board of Elections no later than the first day of
December preceding the primary where the withdrawal is to become
effective. (1993 (Reg. Sess., 1994), c. 762, s. 7.)
Article 11.
Nomination by Petition.
§ 163-122. Unaffiliated candidates nominated by petition.
(a)Procedure for Having Name Printed on Ballot as
Unaffiliated Candidate. – Any qualified voter who seeks to have
his name printed on the general election ballot as an
unaffiliated candidate shall:
(1) If the office is a statewide office, file written
petitions with the State Board of Elections
supporting his candidacy for a specified office.
These petitions must be filed with the State Board
of Elections on or before 12:00 noon on the last
Friday in June preceding the general election and
must be signed by qualified voters of the State
equal in number to two percent (2%) of the total
number of registered voters in the State as
reflected by the most recent statistical report
issued by the State Board of Elections. No later
than 5:00 p.m. on the fifteenth day preceding the
date the petitions are due to be filed with the
State Board of Elections, each petition shall be
presented to the chairman of the board of elections
of the county in which the signatures were obtained.
Provided the petitions are timely submitted, the
chairman shall examine the names on the petition and
place a check mark on the petition by the name of
each signer who is qualified and registered to vote
in his county and shall attach to the petition his
signed certificate. Said certificates shall state
that the signatures on the petition have been
checked against the registration records and shall
indicate the number of signers to be qualified and
registered to vote in his county. The chairman shall
return each petition, together with the certificate
required in this section, to the person who
presented it to him for checking. Verification by
the chairman of the county board of elections shall
be completed within two weeks from the date such
petitions are presented.
(2) If the office is a district office comprised of two
or more counties, file written petitions with the
State Board of Elections supporting his candidacy
for a specified office. These petitions must be
filed with the State Board of Elections on or before
12:00 noon on the last Friday in June preceding the
general election and must be signed by qualified
voters of the district equal in number to four
percent (4%) of the total number of registered
voters in the district as reflected by the latest
statistical report issued by the State Board of
Elections. Each petition shall be presented to the
chairman of the board of elections of the county in
which the signatures were obtained. The chairman
shall examine the names on the petition and the
procedure for certification and deadline for
submission to the county board shall be the same as
specified in (1) above.
(3) If the office is a county office or a single county
legislative district, file written petitions with
the chairman or director of the county board of
elections supporting his candidacy for a specified
county office. These petitions must be filed with
the county board of elections on or before 12:00
noon on the last Friday in June preceding the
general election and must be signed by qualified
voters of the county equal in number to four percent
(4%) of the total number of registered voters in the
county as reflected by the most recent statistical
report issued by the State Board of Elections,
except if the office is for a district consisting of
less than the entire county and only the voters in
that district vote for that office, the petitions
must be signed by qualified voters of the district
equal in number to four percent (4%) of the total
number of voters in the district according to the
most recent figures certified by the State Board of
Elections. Each petition shall be presented to the
chairman or director of the county board of
elections. The chairman shall examine, or cause to
be examined, the names on the petition and the
procedure for certification shall be the same as
specified in (1) above.
(4) If the office is a partisan municipal office, file
written petitions with the chairman or director of
the county board of elections in the county wherein
the municipality is located supporting his candidacy
for a specified municipal office. These petitions
must be filed with the county board of elections on
or before the time and date specified in G.S. 163-
296 and must be signed by the number of qualified
voters specified in G.S. 163-296. The procedure for
certification shall be the same as specified in (1)
above.
Upon compliance with the provisions of (1), (2), (3), or (4)
of this subsection, the board of elections with which the
petitions have been timely filed shall cause the unaffiliated
candidate's name to be printed on the general election ballots in
accordance with G.S. 163-140.
An individual whose name appeared on the ballot in a primary
election preliminary to the general election shall not be
eligible to have his name placed on the general election ballot
as an unaffiliated candidate for the same office in that year.
(b) Form of Petition. – Petitions requesting an unaffiliated
candidate to be placed on the general election ballot shall
contain on the heading of each page of the petition in bold print
or in all capital letters the words: "THE UNDERSIGNED REGISTERED
VOTERS IN __________________ COUNTY HEREBY PETITION ON BEHALF OF
__________________ AS AN UNAFFILIATED CANDIDATE IN THE NEXT
GENERAL ELECTION. THE UNDERSIGNED HEREBY PETITION THAT SUBJECT
CANDIDATE BE PLACED ON THE APPROPRIATE BALLOT UPON COMPLIANCE
WITH THE PROVISIONS CONTAINED IN G.S. 163-122."
(c) This section does not apply to elections under Article 25
of this Chapter. (1929, c. 164, s. 6; 1931, c. 223; 1935, c. 236;
1967, c. 775, s. 1; 1973, c. 793, s. 50; 1977, c. 408, s. 3;
1979, c. 23, ss. 1, 3; c. 534, s. 2; 1981, c. 637; 1991, c. 297,
s. 1; 1995, c. 243, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 14; 1999-
424, s. 5(b).)
§ 163-123. Declaration of intent and petitions for write-in
candidates in partisan elections.
(a)Procedure for Qualifying as a Write-In Candidate. – Any
qualified voter who seeks to have write-in votes for him counted
in a general election shall file a declaration of intent in
accordance with subsection (b) of this section and petition(s) in
accordance with subsection (c) of this section.
(b) Declaration of Intent. – The applicant for write-in
candidacy shall file his declaration of intent at the same time
and with the same board of elections as his petition, as set out
in subsection (c) of this section. The declaration shall contain:
(1) Applicant's name,
(2) Applicant's residential address,
(3) Declaration of applicant's intent to be a write-in
candidate,
(4) Title of the office sought,
(5) Date of the election,
(6) Date of the declaration,
(7) Applicant's signature.
(c) Petitions for Write-in Candidacy. – An applicant for write-
in candidacy shall:
(1) If the office is a statewide office, file written
petitions with the State Board of Elections
supporting his candidacy for a specified office.
These petitions shall be filed on or before noon on
the 90th day before the general election. They shall
be signed by 500 qualified voters of the State. No
later than 5:00 p.m. on the fifteenth day preceding
the date the petitions are due to be filed with the
State Board of Elections, each petition shall be
presented to the board of elections of the county in
which the signatures were obtained. A petition
presented to a county board of elections shall
contain only names of voters registered in that
county. Provided the petitions are timely submitted,
the chairman of the county board of elections shall
examine the names on the petition and place a check
mark by the name of each signer who is qualified and
registered to vote in his county. The chairman of
the county board shall attach to the petition his
signed certificate. On his certificate the chairman
shall state that the signatures on the petition have
been checked against the registration records and
shall indicate the number of signers who are
qualified and registered to vote in his county and
eligible to vote for that office. The chairman shall
return each petition, together with the certificate
required in this section, to the person who
presented it to him for checking. The chairman of
the county board shall complete the verification
within two weeks from the date the petition is
presented.
(2) If the office is a district office comprising all or
part of two or more counties, file written petitions
with the State Board of Elections supporting his
candidacy for a specified office. These petitions
must be filed with the State Board of Elections on
or before noon on the 90th day before the general
election and must be signed by 250 qualified voters.
Before being filed with the State Board of
Elections, each petition shall be presented to the
board of elections of the county in which the
signatures were obtained. A petition presented to a
county board of elections shall contain only names
of voters registered in that county who are eligible
to vote for that office. The chairman of the county
board shall examine the names on the petition and
the procedure for certification shall be the same as
specified in subdivision (1).
(3) If the office is a county office, or is a school
administrative unit office elected on a partisan
basis, or is a legislative district consisting of a
single county or a portion of a county, file written
petitions with the county board of elections
supporting his candidacy for a specified office. A
petition presented to a county board of elections
shall contain only names of voters registered in
that county. These petitions must be filed on or
before noon on the 90th day before the general
election and must be signed by 100 qualified voters
who are eligible to vote for the office, unless
fewer than 5,000 persons are eligible to vote for
the office as shown by the most recent records of
the appropriate board of elections. If fewer than
5,000 persons are eligible to vote for the office,
an applicant's petition must be signed by not less
than one percent (1%) of those registered voters.
Before being filed with the county board of
elections, each petition shall be presented to the
county board of elections for examination. The
chairman of the county board of elections shall
examine the names on the petition and the procedure
for certification shall be the same as specified in
subdivision (1).
(d) Form of Petition. – Petitions requesting the qualification
of a write-in candidate in a general election shall contain on
the heading of each page of the petition in bold print or in
capital letters the words: "THE UNDERSIGNED REGISTERED VOTERS IN
_______________ COUNTY HEREBY PETITION ON BEHALF OF
_____________________ AS A WRITE-IN CANDIDATE IN THE NEXT GENERAL
ELECTION. THE UNDERSIGNED HEREBY PETITION THAT SUBJECT CANDIDATE
BE PLACED ON THE LIST OF QUALIFIED WRITE-IN CANDIDATES WHOSE
VOTES ARE TO BE COUNTED AND RECORDED IN ACCORDANCE WITH G.S. 163-
123."
(e) Defeated Primary Candidate. – No person whose name
appeared on the ballot in a primary election preliminary to the
general election shall be eligible to have votes counted for him
as a write-in candidate for the same office in that year.
(f) Counting and Recording of Votes. – If a qualified voter
has complied with the provisions of subsections (a), (b), and (c)
and is not excluded by subsection (e), the board of elections
with which petition has been filed shall count votes for him
according to the procedures set out in G.S. 163-170(5), and the
appropriate board of elections shall record those votes on the
official abstract. Write-in votes for names other than those of
qualified write-in candidates shall not be counted for any
purpose and shall not be recorded on the abstract.
(g) Municipal and Nonpartisan Elections Excluded. – This
section does not apply to municipal elections conducted under
Subchapter IX of Chapter 163 of the General Statutes, and does
not apply to nonpartisan elections. (1987, c. 393, ss. 1, 2;
1989, c. 92, s. 1, 1999-424, s. 5(c).)
Article 11A.
Resign-to-Run.
§ 163-125 through 163-127: Repealed by Session Laws 1995, c.
379, s. 18.
SUBCHAPTER VI. CONDUCT OF PRIMARIES AND ELECTIONS.
Article 12.
Precincts and Voting Places.
§ 163-128. Election precincts and voting places established
or altered.
(a)Each county shall be divided into a convenient number
of precincts for the purpose of voting. Upon a resolution adopted
by the county board of elections and approved by the Secretary-
Director of the State Board of Elections voters from a given
precinct may be temporarily transferred, for the purpose of
voting, to an adjacent precinct. Any such transfers shall be for
the period of time equal only to the term of office of the county
board of elections making such transfer. When such a resolution
has been adopted by the county board of elections to assign
voters from more than one precinct to the same precinct, then the
county board of elections shall maintain separate registration
and voting records, consistent with the procedure prescribed by
the State Board of Elections, so as to properly identify the
precinct in which such voters reside. The polling place for a
precinct shall be located within the precinct or on a lot or
tract adjoining the precinct.
Except as provided by Article 12A of this Chapter, the county
board of elections shall have power from time to time, by
resolution, to establish, alter, discontinue, or create such new
election precincts or voting places as it may deem expedient.
Upon adoption of a resolution establishing, altering,
discontinuing, or creating a precinct or voting place, the board
shall give 45 days' notice thereof prior to the next primary or
election. Notice shall be given by advertisement in a newspaper
having general circulation in the county, by posting a copy of
the resolution at the courthouse door, and by mailing a copy of
the resolution to the chairman of every political party in the
county. Notice may additionally be made on a radio or television
station or both, but such notice shall be in addition to the
newspaper and other required notice.
(b) Each county board of elections shall prepare a map of the
county on which the precinct boundaries are drawn or described,
shall revise the map when boundaries are changed, and shall keep
a copy of the current map on file and posted for public
inspection at the office of the Board of Elections, and shall
file a copy with the State Board of Elections. (Rev., s. 4313;
1913, c. 53; C.S., s. 5934; 1921, c. 180; 1933, c. 165, s. 3;
1967, c. 775, s. 1; 1969, c. 570; 1973, c. 793, ss. 51-53; 1975,
c. 798, s. 2; 1979, c. 785; 1981, c. 515, s. 1; 1985, c. 757, s.
205(b); 1989, c. 93, s. 4; c. 440, s. 1; 1993 (Reg. Sess., 1994),
c. 762, s. 33; 1995, c. 423, s. 1.)
§ 163-129. Structure at voting place; marking off limits of
voting place.
At the voting place in each precinct established under the
provisions of G.S. 163-128, the county board of elections shall
provide or procure by lease or otherwise a suitable structure or
part of a structure in which registration and voting may be
conducted. To this end, the county board of elections shall be
entitled to demand and use any school or other State, county, or
municipal building, or a part thereof, or any other building, or
a part thereof, which is supported or maintained, in whole or in
part by or through tax revenues provided, however, that this
section shall not be construed to permit any board of elections
to demand and use any tax exempt church property for such
purposes without the express consent of the individual church
involved, for the purpose of conducting registration and voting
for any primary or election, and it may require that the
requisitioned premises, or a part thereof, be vacated for these
purposes.
If a county board of elections requires that a tax-supported
building be used as a voting place, that county board of
elections may require that those in control of that building
provide parking that is adequate for voters at the precinct, as
determined by the county board of elections.
The county board of elections shall inspect each precinct
voting place to ascertain how it should be arranged for voting
purposes, and shall direct the chief judge and judges of any
precinct to define the voting place by roping off the area or
otherwise enclosing it or by marking its boundaries. The
boundaries of the voting place shall at any point lie no more
than 100 feet from each ballot box or voting machine. The space
so roped off or enclosed or marked for the voting place may
contain area both inside and outside the structure in which
registration and voting are to take place. (1929, c. 164, s. 17;
1967, c. 775, s. 1; 1973, c. 793, s. 54; 1983, c. 411, s. 3; 1993
(Reg. Sess., 1994), c. 762, s. 34; 1999-426, s. 5(a).)
§ 163-130. Satellite voting places.
A county board of elections may, upon approval of a
request submitted in writing to the State Board of Elections,
establish a plan whereby elderly or disabled voters in a precinct
may vote at designated sites within the precinct other than the
regular voting place for that precinct. The State Board of
Elections shall approve a county board's proposed plan if:
(1) All the satellite voting places to be used are
listed in the county's written request;
(2) The plan will in the State Board's judgment overcome
a barrier to voting by the elderly or disabled;
(3) Adequate security against fraud is provided for; and
(4) The plan does not unfairly favor or disfavor voters
with regard to race or party affiliation. (1991
(Reg. Sess., 1992), c. 1032, s. 10.)
§ 163-130.1. (Expires January 1, 2002) Out-of-precinct voting
places.
A county board of elections, by unanimous vote of all its
members, may establish a voting place for a precinct that is
located outside that precinct. The county board's proposal is
subject to approval by the Executive Secretary-Director of the
State Board of Elections. The county board shall submit its
proposal in writing to the Executive Secretary-Director. Approval
by the Executive Secretary-Director of the county's proposed plan
shall be conditioned upon the county board of elections'
demonstrating that:
(1) No facilities adequate to serve as a voting place
are located in the precinct;
(2) Adequate notification and publicity are provided to
notify voters in the precinct of the new polling
location;
(3) The plan does not unfairly favor or disfavor voters
with regard to race or party affiliation;
(4) The new voting place meets all requirements for
voting places including accessibility for elderly
and disabled voters; and
(5) The proposal provides adequately for security
against fraud.
Any approval granted by the Executive Secretary-Director for a
voting place outside the precinct is effective only for one
primary and election and must be reevaluated by the county board
of elections and the Executive Secretary-Director annually to
determine whether it is still the only available alternative for
that precinct. (1999-426, s. 3(a).)
§ 163-130.2. (Effective January 2, 2000, until January 2,
2002) Temporary use of two voting places for certain
precincts; pilot program.
A county board of elections, by unanimous vote of all its
members, may propose to designate two voting places to be used
temporarily for the same precinct. The temporary designation of a
voting place shall continue only for the term of office of the
county board of elections making the designation. For any
precinct that is temporarily given two voting places, the county
board shall assign every voter to one or the other of those
voting places.
The county board's proposal is subject to approval by the
Executive Secretary-Director of the State Board of Elections. The
county board shall submit its proposal in writing to the
Executive Secretary-Director. The Executive Secretary-Director
may approve a proposal under this section in not more than three
counties, to be a pilot program. The Executive Secretary-Director
shall approve that proposal only if it finds all of the
following:
(1) That the precinct has more registered voters than
can adequately be accommodated by any single
potential voting place available for the precinct.
(2) That no boundary line that complies with Article 12A
of this Chapter can be identified that adequately
divides the precinct.
(3) That the county board can account for, by street
address number, the location of every registered
voter in the precinct and fix that voter's residence
with certainty on a map.
(4) That no more than three other precincts in the same
county will have two voting places.
(5) That both voting places for the precinct would have
adequate facilities for the elderly and disabled.
(6) That the proposal provides adequately for security
against fraud.
(7) That the proposal does not unfairly favor or
disfavor voters with regard to race or party
affiliation.
The county board shall designate a full set of precinct
officials, in the manner set forth in Article 5 of this Chapter,
for each voting place designated for the precinct. (1999-426, s.
4(a).)
§ 163-131. Accessible polling places.
(a)The State Board of Elections shall promulgate rules to
assure that any disabled or elderly voter assigned to an
inaccessible polling place, upon advance request of such voter,
will be assigned to an accessible polling place. Such rules
should allow the request to be made in advance of the day of the
election.
(b) Words in this section have the meanings prescribed by P.L.
98-435, except that the term "disabled" in this section has the
same meaning as "handicapped" in P.L. 98-435. (1999-424, s.
3(b).)
Article 12A.
Precinct Boundaries.
§ 163-132.1. Participation in 2000 Census Redistricting Data
Program of the United States Bureau of the Census.
(a)Purpose. – The State of North Carolina shall
participate in the 2000 Census Redistricting Data Program,
conducted pursuant to P.L. 94-171, of the United States Bureau of
the Census, including Phase I (Block Boundary Suggestion Program)
and Phase II (concerning the designation of precincts on 2000
Census maps or databases), so that the State will receive 2000
Census data by voting precinct and be able to revise districts at
all levels without splitting precincts and in compliance with the
United States and North Carolina Constitutions and the Voting
Rights Act of 1965, as amended.
(b) Phase I (Block Boundary Suggestion Program). – The State
shall participate in the Block Boundary Suggestion Program of the
United States Bureau of the Census so that the maps the Census
Bureau will use in the 2000 Census will contain adequate features
to permit reporting of Census data by precinct for use in the
2001 redistricting efforts. The Legislative Services Office shall
send preliminary maps produced by the Census Bureau in
preparation for the 2000 Census, as soon as practical after the
maps are available, to the county boards of elections to
determine which of their precincts have boundaries that are not
coterminous with a physical feature, a current township boundary,
or a current municipal boundary, as shown on those preliminary
2000 Census maps. The Legislative Services Office shall:
(1) Assist county boards of elections in identifying the
precincts with boundaries not shown on the
preliminary Census maps and in identifying physical
features the county boards may wish to have
available for future precinct boundaries;
(2) Place those boundaries and features on maps deemed
appropriate by the State Board;
(3) Request the U.S. Census Bureau to hold for census
block identification in the 2000 U.S. Census all
physical features the county boards have identified
as current or potential precinct boundaries; and
(4) Request the U.S. Census Bureau to hold for census
block identification in the 2000 U.S. Census all
other physical features already on 1990 Census maps.
(c) Phase II. – The State shall participate in Phase II of the
2000 Census Redistricting Data Program so that, to the extent
practical, the precinct boundaries of all North Carolina counties
will appear on the 2000 Census maps or database. The State's
effort shall be conducted as follows:
(1) By January 1, 1998, or as soon thereafter as they
become available, the Legislative Services Office
shall provide the county boards of elections with
access, on paper or electronically, to the Census
Bureau's maps for Phase II of the Census
Redistricting Data Program.
(2) After receiving the maps, the county boards of
elections shall designate their precinct lines along
the lines the Census Bureau indicates on the maps it
will hold as block boundaries for the 2000 Census.
Where necessary, the county boards of elections
shall alter precincts, including any precincts
approved under the provisions of G.S. 163-132.1A,
163-132.2, or 163-132.3 or designated by local act,
to conform to lines the Census Bureau indicates it
will hold as Census block boundaries as shown on the
official block maps to be used for the 2000 Census
and to consist only of contiguous territory. The
county boards of elections, at a time deemed
necessary by the Executive Secretary-Director of the
State Board of Elections, shall file with the
Legislative Services Office the maps on which they
have designated their precincts pursuant to this
subsection.
(3) After examining the maps, the Legislative Services
Office shall submit to the Executive Secretary-
Director of the State Board of Elections its opinion
as to whether the county board of elections has
complied with the provisions of this subsection,
with notations as to where those boundaries do not
comply with these standards.
(4) If the Executive Secretary-Director determines that
the county board of elections has complied, he shall
approve the precinct boundaries as filed and those
precincts shall be the official precincts.
(5) If the Executive Secretary-Director determines that
the county board of elections has not complied, he
shall not approve those precinct boundaries but
shall alter the precinct boundaries so that each
precinct consists solely of contiguous territory and
that each precinct's boundaries are coterminous with
2000 Census block boundaries nearest to the precinct
boundaries shown by the county boards on the maps.
These altered precincts shall then be the official
precincts.
(6) Upon the adoption of a resolution by a county board
of elections and instead of altering precinct lines
as required by G.S. 163-132.1(c)(5), the Executive
Secretary-Director may combine for Census reporting
purposes only two or more adjacent precincts of the
county into a Combined Reporting Unit, if the
Executive Secretary-Director finds that:
a. The boundaries of the Combined Reporting Unit
conform with the Census block boundaries as
shown on the official block maps to be used in
the 2000 Census;
b. The Combined Reporting Unit consists only of
contiguous territory;
c. The precincts of which the Combined Reporting
Unit consists were bounded as of January 1,
1996, by ridgelines, as certified on official
county maps by the county manager of the
relevant county, or if there is no county
manager the chair of the board of
commissioners, and the boundaries failed to
comply with subdivision (2) of this subsection
only because those ridgelines were unrecognized
as Census block boundaries in the 2000 official
Census maps;
d. The Combined Reporting Unit does not contain a
majority of the territory of more than one
township; and
e. To alter those precinct boundaries would result
in significant voter dislocation.
If the Executive Secretary-Director recognizes
a Combined Reporting Unit for specific precincts,
the official boundaries of those individual
precincts forming the Combined Reporting Unit shall
be those which the Legislative Services Office
submitted to the Executive Secretary-Director under
subdivision (3) of this subsection.
(7) The Executive Secretary-Director shall file the
completed maps with the Census Bureau and request
that the Census Bureau provide summaries of 2000
Census data by precinct and Combined Reporting
Units.
(d) Freezing of Precincts. –
(1) Notwithstanding the provisions of G.S. 163-132.3,
after the Executive Secretary-Director approves the
precincts in accordance with subsection (c) of this
section and before January 2, 2002, no county board
of elections may establish, alter, discontinue, or
create any precinct except by division of one
precinct into two or more precincts using lines that
the Census Bureau has indicated it will use as 2000
Census block boundaries for that division. Provided
that, whenever an annexation ordinance adopted under
Parts 1, 2, or 3 of Article 4A of Chapter 160A of
the General Statutes, or a local act of the General
Assembly annexing property to a municipality,
becomes effective during the period beginning with
the date of the annexation as reported through the
U.S. Census Bureau's 1998 Boundary and Annexation
Survey or a subsequent edition of that survey and
ending January 2, 2002, and any part of the boundary
of the area being annexed which is actually
contiguous to the city is also a precinct boundary
for elections administered by the county board of
elections then the county board of elections may
exercise one of the following options:
a. Direct by resolution that the annexed area is
automatically moved into the "city precinct",
provided that if the annexed area is adjacent
to more than one city precinct, the board of
elections shall place the area in any one or
more of the adjacent city precincts.
b. Adopt a resolution moving the precinct boundary
to a line that the Census Bureau has indicated
it will use as a 2000 block boundary.
(2) The Executive Secretary-Director of the State Board
of Elections may permit during the freeze a
correction to a county's precincts as they were
approved pursuant to subsection (c) of this section
where one of the following sets of conditions is
present:
a. A precinct was designated pursuant to
subsection (c) inaccurately, and the United
States Bureau of the Census agrees to include
the corrected precinct on its database for the
2000 Census.
b. The boundary of a precinct designated pursuant
to subsection (c) of this section was
subsequently removed by the United States
Bureau of the Census as an acceptable feature
for a precinct line based upon a determination
by the Bureau that the feature did not exist as
shown, and the county board of elections agrees
by resolution to an alternative boundary for
the precinct on a feature the Bureau does find
acceptable.
(3) The county board of elections may move a precinct
line from a township line to another line the Census
Bureau has indicated will be a 2000 block boundary
if a Boundary and Annexation Survey issued during
the freeze shows that the township line has moved to
a location the county board of elections considers
unsuitable. This subdivision does not apply if local
legislation enacted by the General Assembly governs
the relationship between a county's township lines
and precinct lines.
(4) The county board of elections shall submit any
proposed change made during the freeze under this
subsection to the Legislative Services Office, which
shall review the proposal and write a letter
advising the Executive Secretary-Director of its
opinion as to the legal compliance of the proposal.
If the proposal complies with the law, the Executive
Secretary-Director shall approve the proposal. No
newly created or altered precinct boundary is
effective until approved by the Executive Secretary-
Director as being in compliance with the provisions
of this subsection.
(d1)Right to Postpone Effective Date Until January 1, 2000. –
A county board of elections may postpone the effective date of
the precincts designated in Phase II until January 1, 2000.
(d2)Special Permission to Postpone Effective Date Until
January 1, 2001. – The Executive Secretary-Director may permit a
county board of elections to postpone the effective date of
precinct lines designated under Phase II until January 1, 2001,
upon written application by the county board of elections, if the
Executive Secretary-Director finds both of the following:
(1) That the Phase II-designated lines would create a
split precinct in 2000 for county commissioner,
board of education, judicial, State legislative, or
congressional district elections and that a split
could be avoided by using the pre-Phase II precinct.
(2) That the county can provide reasonably reliable
voter registration data for April and October of
2000 by the Phase II-designated precincts.
In granting an exception under this subsection, the Executive
Secretary-Director shall allow an exception only for the
precincts that would result in splits and for any adjacent
precincts for which pre-Phase II precincts must be used to avoid
geographic overlap or discontinuity. Every county board of
elections granted an exception under this subsection shall
provide to the State Board of Elections voter registration data
for April and October of 2000 by the Phase II-designated
precincts.
(e) Municipal and Township Boundaries. – Notwithstanding the
provisions of subsections (c) and (d) of this section, the county
boards of elections may designate precinct boundaries on
municipal or township boundaries that are not designated on the
2000 official Census block maps, according to directives
promulgated by the Executive Secretary-Director of the State
Board of Elections and adopted to insure that all precincts shall
be included on the 2000 Census database.
(f) Additional Rules. – In addition to the directives
promulgated by the Executive Secretary-Director of the State
Board of Elections under G.S. 163-132.4, the Legislative Services
Commission may promulgate rules to implement this section. (1985,
c. 757, s. 205(a); 1987 (Reg. Sess., 1988), c. 1074, s. 2; 1993
(Reg. Sess., 1994), c. 762, s. 69; 1995, c. 423, s. 2; 1999-227,
s. 1; 2000-140, s. 81.)
§ 163-132.3. Alterations to approved precinct boundaries.
(a)No county board of elections may change any precinct
boundary unless the proposed new precinct consists solely of
contiguous territory and its new boundaries are coterminous with
those of:
(1) Townships, as certified by the county manager, or
the chairman of the board of county commissioners if
there is not a county manager, on the official map
of the county;
(2) The census blocks established under the latest U.S.
Census or the boundaries contained on the latest
preliminary U.S. Census maps, issued under P.L. 94-
171, whichever occurs later;
(3) The following visible physical features, readily
distinguishable upon the ground:
a. Roads or streets;
b. Water features or drainage features;
c. Ridgelines;
d., e. Repealed by Session Laws 1999-227, s. 1.
f. Rail features;
g. Major above-ground power lines; or
h. Major footpaths
as certified by the North Carolina Department of
Transportation on its highway maps or the county
manager of the relevant county or, if there is no
county manager, the chair of the county board of
commissioners, on official county maps.
(4) Municipalities, as certified by the city clerk on
the official map of the city; or
(5) A combination of these boundaries.
The county boards of elections shall report precinct boundary
changes by filing with the Legislative Services Office on current
official census maps or maps certified by the North Carolina
Department of Transportation or the county's planning department
or on other maps or electronic databases approved by the
Executive Secretary-Director the new boundaries of these
precincts. The Executive Secretary-Director may require a county
board of elections to file a written description of the
boundaries of any precinct or part thereof. No newly created or
altered precinct boundary is effective until approved by the
Executive Secretary-Director of the State Board as being in
compliance with this subsection. No precinct may be changed under
this section between the date its boundaries become effective
under G.S. 163-132.1(c) and January 2, 2002. Any changes to
precincts during that period shall be made as provided in G.S.
163-132.1(d).
(b) The Executive Secretary-Director of the State Board of
Elections and the Legislative Services Office shall examine the
maps of the proposed new or altered precincts and any required
written descriptions. After its examination of the maps and their
written descriptions, the Legislative Services Office shall
submit to the Executive Secretary-Director of the State Board of
Elections its opinion as to whether all of the proposed precinct
boundaries are in compliance with subsection (a) of this section,
with notations as to where those boundaries do not comply with
these standards. If the Executive Secretary-Director of the State
Board determines that all precinct boundaries are in compliance
with this section, the Executive Secretary-Director of the State
Board shall approve the maps and written descriptions as filed
and these precincts shall be the official precincts.
(c) If the Executive Secretary-Director of the State Board
determines that the proposed precinct boundaries are not in
compliance with subsection (a) of this section, he shall not
approve those precinct boundaries. He shall notify the county
board of elections of his disapproval specifying the reasons. The
county board of elections may then resubmit new precinct maps and
written descriptions to cure the reasons for their disapproval.
(1985, c. 757, s. 205(a); 1987 (Reg. Sess., 1988), c. 1074, s. 2;
1991 (Reg. Sess., 1992), c. 927, s. 1; 1993, c. 352, s. 3; 1993
(Reg. Sess., 1994), c. 762, s. 71; 1995, c. 423, ss. 2, 3; 1999-
227, ss. 1, 2.)
§ 163-132.4. Directives.
The Executive Secretary-Director of the State Board of
Elections may promulgate directives concerning its duties and
those of the county boards of elections under this Article.
(1985, c. 757, s. 205(a); 1987 (Reg. Sess., 1988), c. 1074, s.
2.)
§ 163-132.5. Cooperation of State and local agencies.
The Office of State Budget, Planning, and Management, the
Department of Transportation and county and municipal planning
departments shall cooperate and assist the Legislative Services
Office, the Executive Secretary-Director of the State Board of
Elections and the county boards of elections in the
implementation of this Article. (1985, c. 757, s. 205(a); 1987,
c. 715, s. 4; 1987 (Reg. Sess., 1988), c. 1074, s. 2; 1989, c.
440, s. 3, c. 770, s. 75.3; 2000-140, ss. 93.1(c).)
§ 163-132.5A: Repealed by Session Laws 1991 (Regular Session,
1992), c. 927, s. 1.
§ 163-132.5B. Exemption from Administrative Procedure Act.
The State Board of Elections is exempt from the provisions
of Chapter 150B of the General Statutes while acting under the
authority of this Article. Appeals from a final decision of the
Executive Secretary-Director of the State Board of Elections
under this Article shall be taken to the State Board of Elections
within 30 days of that decision. The State Board shall approve,
disapprove or modify the Executive Secretary's decision within 30
days of receipt of notice of appeal. Failure of the State Board
to act within 30 days of receipt of notice of appeal shall
constitute a final decision approving that of the Executive
Secretary. Appeals from a final decision of the State Board
under this Article shall be taken to the Superior Court of Wake
County. (1987, c. 715, s. 4; 1987 (Reg. Sess., 1988), c. 1074, s.
2.)
§ 163-132.5C. Local acts and township lines.
(a)Notwithstanding the provisions of any local act, a
county board of elections need not have the approval of any other
county board or commission to make precinct boundary changes
required by this Article.
(b) Precinct boundaries established, retained or changed under
this Article, or changed to follow a district line where a
precinct has been divided in a districting plan, may cross
township lines. (1987, c. 715, s. 4; 1989, c. 440, s. 5; 1991
(Reg. Sess., 1992), c. 927, s. 1; 1995, c. 423, s. 2.)
§ 163-132.5D. Retention of precinct maps.
The Executive Secretary-Director of the State Board of
Elections shall retain the maps and written descriptions which he
approves pursuant to G.S. 163-132.3. (1991 (Reg. Sess., 1992), c.
927, s. 1.)
§ 163-132.5F. U.S. Census data by precinct.
The State shall request the U.S. Census Bureau for each
decennial census to provide summaries of census data by precinct
and shall participate in any U.S. Bureau of the Census' program
to effectuate this provision. (1991 (Reg. Sess., 1992), c. 927,
s. 1.)
§ 163-132.6: Repealed by Session Laws 1991 (Regular Session,
1992), c. 927, s. 1.
Article 13.
General Instructions.
§ 163-135. Applicability of Article.
(a)In General. – The provisions of this Article shall
apply to all elections in all counties, cities, towns, townships,
and school districts in the State of North Carolina.
(b) Primary Elections. – The provisions of this Article shall
apply to all primary elections held in this State, or in any
county, as fully as it applies to general elections.
(c) Special Elections. – Every election held in pursuance of a
writ from the Governor shall be conducted in accordance with the
provisions of this Article, so far as the particular case can be
governed by general rules.
(d) Referenda. – This Article shall apply to and control all
elections for the issuance of bonds and to all other elections in
which any constitutional amendment, question, or issue is
submitted to a vote of the people.
(e) Municipal Primaries and Elections. – This Article shall
apply to and control all elections held in and for cities, towns,
incorporated villages and all special districts, whether
conducted by the county board of elections or a duly appointed
municipal board of elections.
(f) Judicial Elections. – Except as provided by Article 25 of
this Chapter, this Article shall apply to and control all
elections for judges of the superior court. (1901, c. 89, s. 75;
Rev., s. 4341; C.S., s. 5975; 1929, c. 164, ss. 2, 4, 34, 42;
1967, c. 775, s. 1; 1975, c. 798, s. 1; 1996, 2nd Ex. Sess., c.
9, s. 15.)
§ 163-136. Preparation, distribution and financing of
ballots.
(a)Ballots a Public Expense. – All ballots cast in the
elections, primaries, and referenda listed below shall be printed
and distributed at public expense:
(1) General and special elections for national, State,
district, county, and municipal offices in the
counties, districts, cities, towns, and other
political subdivisions of the State.
(2) Primaries for nomination of candidates for the
offices listed in the preceding subdivision.
(3) Elections or referenda for the issuance of bonds.
(4) Elections or referenda in which any constitutional
amendment, question or issue is submitted to a vote
of the people.
(b) Printing and Distribution. – The printing and distribution
of ballots shall be arranged, handled, and paid for as follows:
(1) For municipal elections, primaries, and referenda,
by the municipal authorities conducting the
election, primary, or referendum, at the expense of
the municipality.
(2) For county, single-county district, and legislative
district elections, primaries, and referenda, by the
responsible county board of elections, at the
expense of the county.
(3) For all elections, primaries, and referenda not
specified in the two preceding subdivisions, by the
State Board of Elections, at the expense of the
State.
Provided, that the State Board of Elections, in
its discretion, may direct some or all counties to
print the ballots required by this subdivision under
the supervision of the State Board of Elections. If
the State Board of Elections prints and distributes
the ballots required by this subdivision at the
expense of the State, the State Board shall
establish contracts through competition pursuant to
Article 3 of Chapter 143 of the General Statutes for
printing and distribution of all ballots, abstracts
and precinct return forms.
(c) Paper Ballots for General Elections and County Bond
Elections Where Voting Machines Are Used. – In counties in which
voting machines are used at some or all voting places, paper
ballots shall be printed for purposes of absentee voting in
statewide general elections and in county bond elections under
the provisions of Articles 20 and 21.
(d) Each kind of official ballot as defined in G.S. 163-140
used in a primary election shall have a distinct and separate
color, and each such ballot used in a general election shall have
a distinct and separate color. In both a primary and general
election, the color of each kind of official ballot as defined in
G.S. 163-140 shall be determined by the board of elections
responsible for printing the ballots. (1929, c. 164, s. 3; 1963,
c. 457, s. 9; 1967, c. 775, s. 1; c. 952, s. 2; 1973, c. 793, s.
55; c. 1135; 1975, c. 844, s. 4; 1995, c. 324, s. 14.)
§ 163-137. General, special and primary election ballots;
names and questions to be printed thereon; distribution.
(a)The ballots printed for use in general and special
elections under the provisions of this Article shall contain:
(1) The names of all candidates who have been put in
nomination in accordance with the provisions of this
Chapter by any political party recognized in this
State.
(2) The names of all persons who have qualified as
unaffiliated candidates under the provisions of G.S.
163-122.
(3) All questions, issues, and propositions to be voted
on by the people.
(4) The names of all candidates nominated under Article
25 of this Chapter.
(b) The ballots prepared for use in general and special
elections under the provisions of this Article by the State Board
of Elections shall be printed and delivered to the county boards
of elections at least 50 days prior to the date of any election.
(c) In a primary election the names of all candidates of the
same political party for the same office shall be printed on the
ballot either vertically or horizontally, and in no event shall
both arrangements of names be used concurrently for candidates on
the same ballot for the same office. (1929, c. 164, s. 5; 1945,
c. 972; 1957, c. 1264; 1963, c. 934; 1967, c. 775, s. 1; 1973, c.
536, s. 3; 1975, c. 149, s. 1; c. 844, s. 5; 1977, c. 408, s. 4;
1979, c. 797, s. 6; 1996, 2nd Ex. Sess., c. 9, s. 16; 1999-455,
s. 17.)
§ 163-138. Instructions for printing names on primary and
election ballots.
In preparing primary, general, and special election
ballots, the legal name of a candidate (together with his
nickname in the situation outlined below) shall be printed
precisely as it appears on the notice of candidacy form filed in
accordance with G.S. 163-106, G.S. 163-323, or in petition forms
filed in accordance with G.S. 163-122. If the candidate has
inserted a nickname on the notice of candidacy or in the
petition, it shall be printed on the ballot immediately before
the candidate's surname and shall be enclosed by parentheses.
Notwithstanding the previous sentence, if the candidate has used
his nickname in lieu of first and middle names as permitted by
G.S. 163-106(a), unless another candidate for the same office who
files a notice of candidacy has the same last name, the nickname
shall be printed on the ballot immediately before the candidate's
surname but shall not be enclosed by parentheses. If another
candidate for the same office who filed a notice of candidacy has
the same last name, then the candidate's name shall be printed on
the ballot in accordance with the alternate indicated by the
candidate on his affidavit under G.S. 163-106(a) or G.S. 163-
323(a). No title, appendage, or appellation indicating rank,
status, or position, shall be printed before or following or as a
nickname or in connection with the name of any candidate on any
ballot. Nevertheless, a candidate who is a married woman may use
the prefix "Mrs." and a candidate who is a single woman may use
the prefix "Miss" before her name if she so elects. (1929, c.
164, s. 5; 1945, c. 972; 1957, c. 1264; 1963, c. 934; 1967, c.
775, s. 1; 1985, c. 558, s. 2; 1993, c. 553, s. 61; 1996, 2nd Ex.
Sess., c. 9, s. 17.)
§ 163-139. Reprinting ballots when substitute candidate is
named.
(a)Before General or Special Election. – After the
official ballots for a general or special election have been
printed by the proper elections board, the death, resignation, or
disqualification of a candidate whose name appears on the
official ballots shall not require that the ballots be reprinted,
although the responsible board of elections may have the ballots
reprinted if it desires to do so.
If a candidate dies, resigns, or otherwise becomes
disqualified after his name has been printed on an official
general or special election ballot, and if a nomination has been
made to fill the vacancy as authorized by G.S. 163-114, the name
of the substituted nominee shall not appear on the official
ballots unless the responsible board of elections decides that it
is feasible and advisable to reprint the ballots to show the name
of the substituted nominee. If the ballots are not reprinted, a
vote cast for the candidate whose name is printed on the ballot
shall be counted as a vote for the substituted candidate whose
name has been certified to the appropriate board of elections
under the provisions of G.S. 163-114.
(b) Before Primary Election. – The provisions of G.S. 163-112
shall apply in the event a candidate for party nomination dies
before the primary. (1929, c. 164, s. 7; 1931, c. 254, s. 1;
1947, c. 505, s. 8; 1967, c. 775, s. 1.)
§ 163-140. Kinds of ballots; what they shall contain;
arrangement.
(a) Kinds of General Election Ballots; Right to Combine. –
For purposes of general elections, there shall be seven kinds of
official ballots entitled:
(1) Ballot for presidential electors
(2) Ballot for United States Senator
(3) Ballot for member of the United States House of
Representatives
(4) State ballot
(5) County ballot
(6) Repealed by Session Laws 1973, c. 793, s. 56
(7) Ballot for constitutional amendments and other
propositions submitted to the people
(8) Judicial ballot for superior court.
Use of official ballots shall be limited to the purposes
indicated by their titles. The printing on all ballots shall be
plain and legible but, unless large type is specified by this
section, type larger than 10-point shall not be used in printing
ballots. All general election ballots shall be prepared in such a
way as to leave sufficient blank space beneath each name printed
thereon in which a voter may conveniently write the name of any
person for whom he may desire to vote.
Unless prohibited by this section, the board of elections,
State or county, charged by law with printing ballots may, in its
discretion, combine any two or more official ballots. Whenever
two or more ballots are combined, the voting instructions for the
State ballot set out in subsection (b)(4) of this section shall
be used, except that if the two ballots being combined do not
contain a multi-seat race, then the second sentence of
instruction b. shall not appear on the ballot.
Contests in the general election for seats in the State House
of Representatives and State Senate shall be on ballots that are
separate from ballots containing non-legislative contests, except
where the voting system used makes separation of ballots
impractical. State House and State Senate contests shall be on
the same ballot, unless one is a single-seat contest and the
other a multi-seat contest.
All candidates for the Appellate Division shall appear on the
same ballot.
(b) General Election Ballots. –
(1) Ballot for Presidential Electors: On the ballot for
presidential electors there shall be printed, under
the titles of the offices, the names of the
candidates for President and Vice-President of the
United States nominated by each political party
qualified under the provisions of G.S. 163-96, and
the names of the unaffiliated candidates for
President and Vice-President qualified under the
provisions of G.S. 163-122 and G.S. 163-209. A
separate column shall be assigned to each political
party with candidates on the ballot, and a separate
column shall be assigned to each pair of
unaffiliated candidates for President and Vice-
President, if any, and the columns shall be
separated by distinct black lines. At the head of
each party column the party name shall be printed in
large type and below it a circle, one-half inch in
diameter, and below the circle the names of the
party's candidates for President and Vice-President
in that order. At the head of the columns for
unaffiliated candidates shall be printed in large
type the words "Unaffiliated Candidates", and below
it a circle, one-half inch in diameter, and below
the circle the names of a pair of unaffiliated
candidates for President and Vice-President. On the
face of the ballot, above the party column division,
the following instructions shall be printed in heavy
black type:
a. To vote this ballot, make a cross (X) mark in
the circle below the name of the political
party for whose candidates you wish to vote or
below the heading for the unaffiliated
candidates for whom you wish to vote.
b. A vote for the names of a political party's
candidates for President and Vice-President is
a vote for the electors of that party, and a
vote for the names of unaffiliated candidates
for President and Vice-President is a vote for
electors named by the unaffiliated candidate
for President, the names of whom are on file
with the Secretary of State.
c. If you tear or deface or wrongly mark this
ballot, return it and get another."
On the bottom of the ballot shall be printed an
identified facsimile of the signature of the
Chairman of the State Board of Elections.
The official ballot for presidential electors
shall not be combined with any other official
ballots.
(2) Ballot for United States Senator: Beneath the title
and general instructions set out in this subsection,
the ballot for United States Senator shall be
divided into parallel columns separated by distinct
black lines. The State Board of Elections shall
assign a separate column to each political party
having a candidate for the office and one to
unaffiliated candidates, if any. At the head of each
party column the party's name shall be printed in
large type, and at the head of the column for
unaffiliated candidates shall be printed in large
type the words "Unaffiliated Candidates." The name
of each political party's candidate for United
States Senator shall be printed in the appropriate
party column, and the names of unaffiliated
candidates for the office shall be printed in the
column headed "Unaffiliated Candidates." At the left
of each name shall be printed a voting square, and
in each column all voting squares shall be arranged
in a perpendicular line. On the face of the ballot,
above the party and unaffiliated column division,
the following instructions shall be printed in heavy
black type:
"a. Vote for only one candidate.
b. If you tear or deface or wrongly mark this
ballot, return it and get another."
On the bottom of the ballot shall be printed an
identified facsimile of the signature of the
Chairman of the State Board of Elections.
When the ballot for United States Senator is
combined with a ballot for another office, below the
party name in each column shall be printed a circle,
one-half inch in diameter, around which shall be
plainly printed the following instruction: "For a
straight ticket, mark within this circle." The
following instructions, in lieu of those specified
in the preceding paragraph, shall be printed in
heavy black type on the face of the combined ballot
to the top above the party and unaffiliated column
division:
"a. To vote for all candidates of one party (a
straight ticket), make a cross (X) mark in the
circle of the party for whose candidates you
wish to vote.
b. You may vote a split ticket by marking a cross
(X) mark in the party circle and then making a
cross (X) mark in the square opposite the name
of the candidate(s) of a different party for
whom you wish to vote.
c. You may also vote a split ticket by not marking
a cross (X) mark in the party circle, but by
making a cross (X) mark in the square opposite
the name of each candidate for whom you wish to
vote.
d. If you tear or deface or wrongly mark this
ballot, return it and get another."
(3) Ballot for Member of the United States House of
Representatives: Beneath the title and general
instructions set out in this subsection, the
congressional district ballot for member of the
United States House of Representatives shall be
divided into parallel columns separated by distinct
black lines. The State Board of Elections shall
assign a separate column to each political party
having a candidate for the office and one to
unaffiliated candidates, if any. At the head of each
party column the party's name shall be printed in
large type, and at the head of the column for
unaffiliated candidates shall be printed in large
type the words "Unaffiliated Candidates." The name
of each political party's candidate for member of
the United States House of Representatives from the
congressional district shall be printed in the
appropriate party column, and the names of
unaffiliated candidates for the office shall be
printed in the column headed "Unaffiliated
Candidates." At the left of each name shall be
printed a voting square, and in each column all
voting squares shall be arranged in a perpendicular
line. On the face of the ballot, above the party and
unaffiliated column division, the following
instructions shall be printed in heavy black type:
"a. Vote for only one candidate.
b. If you tear or deface or wrongly mark this
ballot, return it and get another."
On the bottom of the ballot shall be printed an
identified facsimile of the signature of the
Chairman of the State Board of Elections.
When the ballot for member of the United States
House of Representatives is combined with a ballot
for another office, below the party name in each
column shall be printed a circle, one-half inch in
diameter, around which shall be plainly printed the
following instruction: "For a straight ticket, mark
within this circle." The following instructions, in
lieu of those specified in the preceding paragraph,
shall be printed in heavy black type on the face of
the combined ballot at the top above the party and
unaffiliated column division:
"a. To vote for all candidates of one party (a
straight ticket), make a cross (X) mark in the
circle of the party for whose candidates you
wish to vote.
b. You may vote a split ticket by marking a cross
(X) mark in the party circle and then making a
cross (X) mark in the square opposite the name
of the candidate(s) of a different party for
whom you wish to vote.
c. You may also vote a split ticket by not marking
a cross (X) mark in the party circle, but by
making a cross (X) mark in the square opposite
the name of each candidate for whom you wish to
vote.
d. If you tear or deface or wrongly mark this
ballot, return it and get another."
(4) (See editor's note for effective date) State
Ballot: Beneath the title and general instructions
set out in this subsection, the ballot for single-
seat contests for State officers, and for all State
officers where mechanical voting machines are used
shall be divided into parallel columns separated by
distinct black lines. The State Board of Elections
shall assign a separate column to each political
party having candidates for State offices and one to
unaffiliated candidates, if any. At the head of each
party column the party's name shall be printed in
large type, and at the head of the column for
unaffiliated candidates shall be printed in large
type the words "Unaffiliated Candidates." Below the
party name in each column shall be printed a circle,
one-half inch in diameter, around which shall be
plainly printed the following instruction: "For a
straight ticket, mark within this circle." With
distinct black lines, the State Board of Elections
shall divide the columns into horizontal sections
and, in the customary order of office, assign a
separate section to each office or group of offices
to be filled. On a single line at the top of each
section shall be printed a direction as to the
number of candidates for whom a vote may be cast. If
candidates are to be chosen for different terms to
the same office, the term in each instance shall be
printed as part of the title of the office.
The name or names of each political party's
candidate or candidates for each office listed on
the ballot shall be printed in the appropriate
office section of the proper party column, and the
names of unaffiliated candidates shall be printed in
the appropriate office section of the column headed
"Unaffiliated Candidates." At the left of each name
shall be printed a voting square, and in each column
all voting squares shall be arranged in a
perpendicular line.
On the face of the ballot, above the party and
unaffiliated column division, the following
instructions shall be printed in heavy black type,
and the words "you must also" in instruction c.
shall be underlined:
"a. To vote for all candidates of one party (a
straight ticket), make a cross (X) mark in the
circle of the party for whose candidates you
wish to vote.
b. You may vote a split ticket by not marking a
cross (X) mark in the party circle, but by
making a cross (X) mark in the square opposite
the name of each candidate for whom you wish to
vote.
c. You may also vote a split ticket by marking a
cross (X) mark in the party circle and then
making a cross (X) mark in the square opposite
the name of any candidate you choose of a
different party. In any multi-seat race where a
party circle is marked and you vote for
candidates of another party, you must also make
a cross (X) mark opposite the name of any
candidate you choose of the party for which you
marked the party circle to assure your vote
will count.
d. If you tear or deface or wrongly mark this
ballot, return it and get another."
On the bottom of the ballot shall be printed an
identified facsimile of the signature of the
Chairman of the State Board of Elections. If the
State ballot contains no multi-seat race, then the
second sentence of instruction b. shall not appear
on the ballot.
(5) (See editor's note for effective date) County
Ballot: Beneath the title and general instructions
set out in this subsection, the ballot for single-
seat contests for county officers (including
district attorney for the prosecutorial district in
which the county is situated, district judge for the
district court district in which the county is
situated, regular resident superior court judge for
the superior court district in which the county or
part thereof is situated, and members of the General
Assembly in the senatorial and representative
districts in which the county is situated), and for
all county offices where mechanical voting machines
are used, shall be divided into parallel columns
separated by distinct black lines. The county board
of elections shall assign a separate column to each
political party having candidates for the offices on
the ballot and one to unaffiliated candidates, if
any. At the head of each party column the party's
name shall be printed in large type and at the head
of the column for unaffiliated candidates shall be
printed in large type the words "Unaffiliated
Candidates." Below the party name in each column
shall be printed a circle, one-half inch in
diameter, around which shall be plainly printed the
following instruction: "For a straight ticket, mark
within this circle." With distinct black lines, the
county board of elections shall divide the columns
into horizontal sections and, in the customary order
of office, assign a separate section to each office
or group of offices to be filled. On a single line
at the top of each section shall be printed the
title of the office, and directly below the title
shall be printed a direction as to the number of
candidates for whom a vote may be cast. If
candidates are to be chosen for different terms to
the same office, the term in each instance shall be
printed as part of the title of the office.
The name or names of each political party's
candidate or candidates for each office listed on
the ballot shall be printed in the appropriate
office section of the proper party column, and the
names of unaffiliated candidates shall be printed in
the appropriate office section of the column headed
"Unaffiliated Candidates." At the left of each name
shall be printed a voting square, and in each column
all voting squares shall be arranged in a
perpendicular line.
On the face of the ballot, above the party and
unaffiliated column division, the following
instructions shall be printed in heavy black type,
and the words "you must also" in instruction c.
shall be underlined:
"a. To vote for all candidates of one party (a
straight ticket), make a cross (X) mark in the
circle of the party for whose candidates you
wish to vote.
b. You may vote a split ticket by not marking a
cross (X) mark in the party circle, but by
making a cross (X) mark in the square opposite
the name of each candidate for whom you wish to
vote.
c. You may also vote a split ticket by marking a
cross (X) mark in the party circle and then
making a cross (X) mark in the square opposite
the name of any candidate you choose of a
different party. In any multi-seat race where a
party circle is marked and you vote for
candidates of another party, you must also make
a cross (X) mark opposite the name of any
candidate you choose of the party for which you
marked the party circle to assure your vote
will count.
d. If you tear or deface or wrongly mark this
ballot, return it and get another."
On the bottom of the ballot shall be printed an
identified facsimile of the signature of the
chairman of the county board of elections. If the
county ballot contains no multi-seat race, then the
second sentence of instruction b. shall not appear
on the ballot.
(6) Repealed by Session Laws 1973, c. 793, s. 56.
(7) Ballot for Constitutional Amendments and Other
Propositions Submitted to the People: The form of
ballot used in submitting a constitutional amendment
or other proposition or issue to the voters of the
entire State shall be prepared by the State Board of
Elections and approved by the Attorney General. The
form of ballot used in submitting propositions and
issues to the voters of a single county or
subdivision shall be prepared by the county board of
elections. In a referendum the issue presented to
the voters with respect to each constitutional
amendment, question, or proposition, shall be
printed in the form laid down by the General
Assembly or other body submitting it. If more than
one amendment, question, or proposition is submitted
on a single ballot, each shall be printed in a
separate section, and the sections shall be numbered
consecutively. On the face of the ballot, above the
issue or issues being submitted, shall be printed
instructions for marking the voter's choice, in
addition to the following instruction: "If you tear
or deface or wrongly mark this ballot, return it and
get another."
On the bottom of the ballot shall be printed an
identified facsimile of the signature of the
chairman of the responsible board of elections,
State or county.
(8) Order of candidates in multi-seat races. In a multi-
seat race, within each political party that has
nominated more than one candidate, the names of
candidates shall appear on the ballot in
alphabetical order from A to Z within that party's
column.
(9) (See editor's note for effective date)
Judicial ballot for superior court. The form of
the judicial ballot for judges of the superior court
and district court shall be prepared by the county
board of elections. On the face of the ballot, shall
be printed instructions for marking the voter's
choice, in addition to the following instruction:
"If you tear or deface or wrongly mark this ballot,
return it and get another." On the bottom of the
ballot shall be printed an identified facsimile of
the signature of the chairman of the responsible
county board of elections. This ballot may not be
combined with any other ballot except another
judicial ballot.
(c) Primary Election Ballots. –
(1) Kinds of Primary Ballots; Right to Combine: For the
purposes of primary elections, there shall be five
kinds of official ballots, entitled:
a. Primary ballot for United States Senator
b. Primary ballot for member of the United States
House of Representatives
c. State primary ballot
d. County primary ballot
e. Repealed by Session Laws 1973, c. 793, s. 56.
Use of official primary ballots shall be
limited to the purposes indicated by their titles.
The printing on all primary ballots shall be plain
and legible but, unless large type is specified by
this Chapter, type larger than 10-point shall not be
used in printing primary ballots.
Primary ballots shall be prepared in accordance
with the provisions of G.S. 163-109 and the
provisions of this section as modified by the
provisions of this subsection.
(2) (See editor's note for effective date)
Separate Ballots for Each Political Party: For
each political party conducting a primary election
separate ballots shall be printed, and the paper
used for each party's ballots shall be different in
color from that used for the ballots of other
parties. Primary ballots shall not provide for
voting a straight-party ticket, but a voting square
shall be printed to the left of the name of each
candidate appearing on the ballot.
(2) (See editor's note for effective date)
Separate Ballots for Each Political Party: For
each political party conducting a primary election
separate ballots shall be printed, and the paper
used for each party's ballots shall be different in
color from that used for the ballots of other
parties. Ballots for primaries held under Article 25
of this Chapter shall be different in color than the
ballots of parties. Primary ballots shall not
provide for voting a straight-party ticket, but a
voting square shall be printed to the left of the
name of each candidate appearing on the ballot.
(3) Rotation of Positions on Ballots Among Candidates:
The board of elections, State or county, responsible
for printing and distributing primary election
ballots shall have them printed so that the names of
opposing candidates for any office shall, as far as
practicable, occupy alternate positions upon the
ballot, to the end that the name of each candidate
shall occupy with reference to the name of every
other candidate for the same office, first position,
second position, and every other position, if any,
upon an equal number of ballots; and the ballots
shall be distributed among the precinct voting
places impartially and without discrimination.
(4) Facsimile Signatures: On the bottom of each primary
ballot shall be printed an identified facsimile of
the signature of the chairman of the board of
elections, State or county, responsible for its
preparation.
(d) Municipal Primary and Election Ballots. – In all municipal
elections there shall be an official ballot on which shall be
printed the names of all candidates for offices in the
municipality. The municipal ballot shall conform as nearly as
possible to the provisions of subsections (a) through (c) of this
section, but on the bottom of the municipal ballot shall be
printed an identified facsimile of the signature of the chairman
of the county or municipal board of elections, as appropriate.
(e) Repealed by Session Laws 1977, c. 265, s. 10.
(f) Multi-seat Races. – The General Assembly finds that since
the federal court opinion voiding the law which provided that a
straight-ticket ballot shall take precedence in counting over a
ballot marked for individual candidates, confusion has occurred
in the counting of ballots in multi-seat races. In order to
minimize the confusion of instructions for marking ballots in
multi-seat races, which must be different than those in single-
seat races, the General Assembly finds it necessary that these
ballots be printed separately, except in the case of mechanical
voting machines. On such machines, where it is physically
impossible to vote both a straight-ticket and for an individual
candidate, without pulling up the lever of an individual
candidate, clearly showing the voter's intention, it is
unnecessary to have a separate ballot for multi-seat races, and
having such a separate ballot would result in more columns and
rows on the machine than the mechanical machine can handle.
Multi-seat races in partisan general elections, which except
as provided in this section would have appeared on the State
ballot or county ballot, and except for multi-seat races on
mechanical voting machines, shall be placed on a separate multi-
seat ballot or ballots, which shall not be combined with any
ballot other than a multi-seat ballot. Beneath the title and
general instructions set out in this subsection, the ballot(s)
for multi-seat races shall be divided into parallel columns
separated by distinct black lines. The State Board of Elections
shall assign a separate column to each political party having
candidates in multi-seat races and one to unaffiliated
candidates, if any. At the head of each party column the party's
name shall be printed in large type, and at the head of the
column for unaffiliated candidates shall be printed in large type
the words "Unaffiliated Candidates." Below the party name in each
column shall be printed a circle, one-half inch in diameter, and
around which shall be plainly printed the following instruction:
"For a straight ticket, mark within this circle." With distinct
black lines, the State Board of Elections shall divide the
columns into horizontal sections and, in the customary order of
office, assign a separate section to each group of offices to be
filled. On a single line at the top of each section shall be
printed a direction as to the number of candidates for whom a
vote may be cast. If candidates are to be chosen for different
terms to the same office, the term in each instance shall be
printed as part of the title of the office.
The name or names of each political party's candidate or
candidates for each office listed on the ballot shall be printed
in the appropriate office section of the proper party column and
the names of unaffiliated candidates shall be printed in the
appropriate office section of the column headed "Unaffiliated
Candidates." At the left of each name shall be printed a voting
square, and in each column all voting squares shall be arranged
in a perpendicular line.
On the face of the ballot, above the party and unaffiliated
column division, the following instructions shall be printed in
heavy red type to contrast with the type of the rest of the
ballot:
"a. To vote for all candidates of one party (a
straight ticket), make a cross (X) mark in the
circle of the party of your choice.
b. You may vote a split ticket in one of two ways:
(1) By making a cross mark opposite the name
of each candidate for whom you wish to
vote and making no mark in the party
circle, or
(2) By marking the party circle and then
making a cross mark opposite the name of
each candidate you choose of the party
whose circle you marked as well as each
candidate you choose of any other party in
the race(s) where you wish to vote a split
ticket.
c. If you tear or deface or wrongly mark this
ballot, return it and get another."
Ballot instructions need not be printed in red type except on
the separate ballot(s) for multi-seat races. (1929, c. 164, s. 9;
1931, c. 254, ss. 2-10; 1933, c. 165, ss. 20, 21; 1939, c. 116,
s. 1; 1947, c. 505, s. 9; 1949, c. 672, s. 2; 1955, c. 812, s. 1;
1967, c. 775, s. 1; 1973, c. 793, ss. 56, 57; 1977, c. 265, s.
10; c. 408, s. 5; 1987, c. 491, s. 1; c. 504; c. 580; c. 713, ss.
1, 8-12; 1991, c. 641, ss. 1-4; c. 761, ss. 32, 32.1; 1991 (Reg.
Sess., 1992), c. 782, s. 3; 1993, c. 553, ss. 62, 63; 1996, 2nd
Ex. Sess., c. 9, ss. 3-5, 11, 18, 19.)
§ 163-140.1. Political party alignment on ballots.
All ballots printed for use in general elections in the
State, district, county or any other political subdivision, shall
be aligned with the number of political party columns required
pursuant to instructions contained in G.S. 163-140(b) and the
columns shall be assigned in strict alphabetical order, beginning
with the left column, to the political parties entitled to ballot
position provided such political parties reflect at least five
percent (5%) of the total statewide voter registration, according
to the latest statistical report published by the State Board of
Elections. Political parties having less than five percent (5%)
of the total statewide voter registration, but otherwise eligible
for ballot position shall be assigned column alignment to the
right of all other qualified political parties. The State Board
of Elections shall be responsible for implementing the procedures
required by this section and shall issue instructions to those
counties using voting machines so as to accomplish the effect of
this section whether such counties utilize voting machines that
list party columns in a horizontal or vertical alignment. Every
county board of elections shall follow the column alignment
prescribed by the State Board of Elections. (1975, c. 809.)
§ 163-141. Sample ballots.
Sample ballots of each kind to be voted in each primary
and election shall be printed by the board of elections
responsible for printing the official ballots. Sample ballots
shall be printed on paper of a color different from that used for
the official ballots, and each sample ballot shall have the words
"Sample Ballot" printed conspicuously on its face. Sample ballots
shall be used for instructional purposes and shall not be used as
official ballots.
The State Board of Elections shall distribute the sample
ballots for which it is responsible to the county boards of
elections at the time it distributes the official ballots; and
the county board of elections, at the time it is required to
distribute official ballots, shall furnish each precinct chief
judge with an adequate supply of the sample ballots prepared by
the State Board of Elections as well as of those the county board
is required to prepare. (1929, c. 164, s. 13; 1931, c. 254, s.
12; 1967, c. 775, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 35.)
§ 163-142. Number of ballots to be furnished each voting
place; packaging; date of delivery; receipt for ballots;
accounting for ballots.
The county board of elections shall furnish each precinct
voting place with each kind of ballot to be voted in the primary
or election in a number equal to at least eighty percent (80%) of
the number of persons registered to vote in the primary or
election in the precinct. Provided that in those instances where
precincts are provided with less than a number of ballots equal
to one hundred percent (100%) of the number of voters registered
to vote in the primary or election in the precinct, the
responsible board of elections shall ensure that a number of
additional ballots are stored in its offices for distribution to
precincts where the need for additional ballots becomes evident
so that a number of ballots equal to one hundred percent (100%)
of the number of registered voters in the primary or election in
each precinct is available.
Each kind of ballot shall be wrapped in a separate package or
packages for each precinct voting place. The number of ballots to
be placed in each package shall be determined by the chairman of
the county board of elections, and the outside of each package
shall be marked or stamped to show the kind of ballot and the
number contained.
Three days before the primary or election, the county board of
elections shall deliver to such precinct chief judge the required
number of ballots of each kind to be voted in his precinct, and
the chief judge shall immediately give a receipt for the ballots
delivered to him in accordance with the information marked or
stamped on the ballot packages.
Within three days after the primary or election, the chief
judge shall deliver to the county board of elections all ballots
spoiled in his precinct. At the same time he shall also deliver
to the county board of elections all unused ballots from his
precinct. Thereupon, the county board of elections shall make a
check to ascertain whether the total of spoiled ballots and
unused ballots, when added to the number of ballots cast in the
precinct, equal the number of ballots furnished to and receipted
for by the chief judge prior to the primary or election.
The provisions of this section shall not apply to voting
places at which voting machines are used. (1929, c. 164, ss. 10,
11, 14, 25; 1933, c. 165, s. 22; 1951, c. 849, ss. 1, 2; 1967, c.
775, s. 1; 1985, c. 472, s. 3; 1989, c. 635, s. 3; 1993 (Reg.
Sess., 1994), c. 762, s. 36.)
§ 163-143. Ballot boxes to be furnished each voting place;
date of delivery; receipt for boxes.
The county board of elections shall furnish each precinct
voting place with a ballot box for each kind of ballot to be
voted in the primary or election, together with one additional
box in which spoiled ballots are to be deposited. Each box shall
be plainly marked to indicate the ballots to be deposited
therein, and the extra box to be delivered to each precinct shall
be marked "For Spoiled Ballots."
Each ballot box shall be designed so that it may be locked and
sealed and shall be constructed with an opening in the top large
enough to allow a single ballot to be easily passed through, but
no larger. At the time ballot boxes are delivered to the
precinct, the chairman of the county board of elections shall
furnish each chief judge with a lock and proper seals for each
box to be used in his precinct, with instructions as to how each
box is to be securely locked and sealed in compliance with G.S.
163-171.
Three days before the primary or election, the county board of
elections shall deliver to each precinct chief judge the number
of ballot boxes required for his precinct, and the chief judge
shall immediately give a receipt for them.
The provisions of this section shall not apply to voting
places at which voting machines are used. (1929, c. 164, ss. 12,
14; 1931, c. 254, s. 11; 1967, c. 775, s. 1; 1993 (Reg. Sess.,
1994), c. 762, s. 37.)
§ 163-144. Lost, destroyed, damaged, and stolen ballots;
replacement; report.
Should official ballots furnished to any precinct in
accordance with the provisions of this Chapter be lost,
destroyed, damaged, or stolen, the county board of elections,
upon ascertaining that a shortage of ballots exists in the
precinct, shall furnish the needed replacement ballots.
Within three days after the primary or election, the chief
judge of the precinct in which the loss occurred shall make a
written report, under oath, to the county board of elections
describing in detail the circumstances of the loss, destruction,
damage, or theft of the ballots. (1929, c. 164, s. 15; 1967, c.
775, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 38; 1995, c. 509,
s. 116.)
§ 163-145. Voting booths; description; provision.
The county board of elections shall furnish each voting
place with at least one voting booth for each 100 persons
qualified to vote in the precinct. Each voting booth shall be at
least three feet square and six feet high; it shall have three
sides and a door or curtain in front. The bottom of the door or
curtain shall hang two feet above the floor. Each voting booth
shall be equipped with a table or shelf on which voters may
conveniently mark their ballots.
The provisions of this section shall not apply to voting
places at which voting machines are used. (1929, c. 164, s. 17;
1967, c. 775, s. 1.)
§ 163-146. Voting enclosure at voting place; furnishings;
arrangement.
At each precinct voting place as described in G.S. 163-
129, there shall be a room or area set apart as the voting
enclosure. The limits of the voting enclosure shall be defined by
walls, guardrails, or other boundary markers which at no point
stand nearer than 10 feet nor farther than 20 feet from each
ballot box or voting machine. This enclosure shall be arranged so
that a single door or opening (not more than three feet wide) can
be used as the entrance for persons seeking to vote.
Within the voting enclosure and in plain view of the qualified
voters present at the voting place shall be placed:
(1) A table or desk on which the chief judge shall place
and use the precinct registration books and records.
(2) A table or desk on which the responsible judge shall
place and superintend the ballots for distribution
and the box for spoiled ballots.
(3) A table or desk on which the responsible judge shall
place and maintain the pollbook.
(4) The ballot boxes.
(5) The voting booths.
All voting booths and ballot boxes shall be placed in plain
view of the chief judge and judges as well as of the qualified
voters present at the voting place.
The chief judge's table shall be placed near the entrance to
the voting enclosure.
Each voting booth shall be located and arranged so that it is
impossible for a voter in one booth to see a voter in another
booth in the act of marking his ballots. Each voting booth shall
be kept properly lighted and provided with pencils or pens for
marking ballots.
In precincts in which voting machines are used, ballot boxes
and voting booths shall not be used. Within the voting enclosure
at the voting place in such a precinct, each machine shall be
placed so that the exterior from all its sides is visible and so
that whenever it is not in use by a voter the ballot labels on
its face may be plainly seen by the precinct officials and
assistants, and by observers appointed under the provisions of
G.S. 163-45. Precinct election officials and assistants shall not
place themselves, nor shall they permit any other person to place
himself, in any position that will permit one to see or ascertain
how a voter votes on a voting machine except when the voter
obtains assistance as provided in this Chapter.
No political banner, poster, or placard shall be allowed in or
upon the voting place during the day of a primary or election.
(1929, c. 164, s. 19; 1967, c. 775, s. 1; 1973, c. 793, ss. 58,
94; 1993 (Reg. Sess., 1994), c. 762, s. 39.)
§ 163-147. No loitering or electioneering at voting place.
(a)No person or group of persons shall, while the polls
are open at the voting place on the day of the primary or
election, loiter about, congregate, distribute campaign material,
or do any electioneering within the voting place, or within 50
feet in any direction of the entrance or entrances to the
building in which the voting place is located. Notwithstanding
the above provision, if the voting place is located in a large
building, the chief judge and judges of the precinct may
designate the entrance to the voting place within said building
and none of the above activity shall be permitted within 50 feet
of said entrance or entrances of said voting place. This section
shall not, however, prohibit any candidate for nomination or
election from visiting such voting place in person, provided he
does not enter the voting enclosure except to cast his vote as a
registered voter in said precinct. The county boards of elections
and precinct chief judges shall have full authority to enforce
the provisions of this section.
(b) This section does not prohibit establishment of or
approval by the county board of elections of a simulated election
within the voting place or voting enclosure for persons
ineligible to vote because of their age, but the prohibitions of
this section as to activities within the voting place or within
50 feet apply to that simulated election. The State Board of
Elections shall adopt rules to ensure that the simulated election
is not disruptive of the regular process of voting. (1929, c.
164, s. 19; 1967, c. 775, s. 1; 1971, c. 537; 1993, c. 236, s. 1;
1993 (Reg. Sess., 1994), c. 762, s. 40.)
§ 163-148. Procedures at voting place before polls are
opened.
At least one-half hour before the time set for opening the
polls for each primary and election, the judges of elections and
assistants, shall meet the chief judge at the precinct voting
place, at which time the chief judge shall administer to them the
appropriate oaths set out in G.S. 163-41(a) and G.S. 163-42.
The chief judge and judges shall arrange the voting enclosure
according to the requirements of G.S. 163-146 and the
instructions of the county board of elections. They shall then
unlock the official ballot boxes, see that they are empty, allow
authorized observers and other voters present to examine the
boxes, and then they shall relock them while still empty. They
shall open the sealed packages of ballots, and one of the judges,
at the chief judge's request, shall announce that the polls are
open and state the hour at which they will be closed.
If voting machines are used in the precinct, immediately
before the polls are opened the chief judge and judges shall open
each voting machine, examine the ballot labels, and check the
counters to see that they are set to indicate that no votes have
been cast or recorded; at the same time, the precinct officials
shall allow authorized observers and other voters present to
examine the machines. If found to be in order and the ballot
labels in proper form, the precinct officials shall lock and seal
each machine, and it shall remain locked until after the polls
are closed. (1929, c. 164, s. 18; 1967, c. 775, s. 1; 1973, c.
793, ss. 59, 94; 1993 (Reg. Sess., 1994), c. 762, s. 41.)
§ 163-149. Protection of ballots, ballot boxes, pollbook, and
registration records on day of primary or election.
When the empty official ballot boxes have been relocked
after the inspection required by G.S. 163-148 before the polls
are opened on the day of each primary and election, they shall
not be unlocked or opened until the polls are closed.
Only official ballots shall be allowed to be deposited in the
ballot boxes, and no other articles or matter shall be placed in
them.
No person shall purposely deface or tear an official ballot in
any manner, and no person shall purposely erase any name or mark
written on a ballot by a voter.
From the time the polls are opened until the precinct count
has been completed, the returns signed, and the results declared,
no person shall take or remove from the voting enclosure the
official ballot boxes, the box for spoiled ballots, the pollbook,
the registration book or records, or any official ballots. (1929,
c. 164, ss. 18, 22, 23, 25; 1931, c. 254, s. 14; 1939, c. 263, s.
3 1/2; 1953, c. 1040; 1967, c. 775, s. 1.)
§ 163-150. Voting procedures.
(a)Checking Registration. – A person seeking to vote shall
enter the voting enclosure at the voting place through the
appropriate entrance and shall at once state his name and place
of residence to one of the judges of election. In a primary
election, the voter shall also state the political party with
which he affiliates and in whose primary he desires to vote, or
if the voter is an unaffiliated voter permitted to vote in the
primary of a particular party under G.S. 163-119, the voter shall
state the name of the authorizing political party in whose
primary he wishes to vote. The judge to whom the voter gives this
information shall announce the name and residence of the voter in
a distinct tone of voice. After examining the precinct
registration records, the chief judge shall state whether the
person seeking to vote is duly registered.
(b) Distribution of Ballots; Information. – If the voter is
found to be registered and is not challenged, or, if challenged
and the challenge is overruled as provided in G.S. 163-88, the
responsible judge of election shall hand him an official ballot
of each kind he is entitled to vote. In a primary election the
voter shall be furnished ballots of the political party with
which he affiliates and no others, except that unaffiliated
voters who are permitted to vote in a party primary under G.S.
163-119 shall be furnished ballots for that primary. No such
unaffiliated voter shall vote in the primary of more than one
party on the same day. It shall be the duty of the chief judge
and judges holding the primary or election to give any voter any
information he desires in regard to the kinds of ballots he is
entitled to vote and the names of the candidates on the ballots.
In response to questions asked by the voter, the chief judge and
judges shall communicate to him any information necessary to
enable him to mark his ballot as he desires.
(c) Act of Voting. – When a person is given official ballots
by the judge, he shall be deemed to have begun the act of voting,
and he shall not leave the voting enclosure until he has
deposited his ballots in the ballot boxes or returned them to the
precinct officials. When he leaves the voting enclosure, whether
or not he has deposited his ballots in the ballot boxes, he shall
not be entitled to enter the voting enclosure again for the
purpose of voting. On receiving his ballots, the voter shall
immediately retire alone to one of the voting booths unless he is
entitled to assistance under the provisions of G.S. 163-152, and
without undue delay he shall mark his ballots in accordance with
the provisions of G.S. 163-151.
(d) Spoiled and Damaged Ballots. – If a voter spoils or
damages a ballot, he may obtain another upon returning the
spoiled or damaged ballot to the chief judge. A voter shall not
be given a replacement ballot until he has returned the spoiled
or damaged ballot, and he shall not be given more than three
replacement ballots in all. The chief judge shall deposit each
spoiled or damaged ballot in the box provided for that purpose.
(e) Depositing Ballots and Leaving Enclosure. – When the voter
has marked his ballots he shall leave the voting booth and
deposit them in the appropriate boxes or hand them to the chief
judge or a judge who shall deposit them for him. If he does not
mark a ballot he shall return it to one of the precinct officials
before leaving the voting enclosure. If the voter has been
challenged and the challenge has been overruled, before
depositing his ballots in the boxes he shall write his name on
each of his ballots so they may be identified in the event his
right to vote is again questioned. After depositing his ballots
in the ballot boxes, the voter shall immediately leave the voting
enclosure unless he is one of the persons authorized by law to
remain within the enclosure for purposes other than voting.
(f) Maintenance of Pollbook or Other Record of Voting. – At
each primary, general or special election, the precinct chief
judge shall appoint two precinct assistants (one from each
political party as recommended by the county chairman thereof),
one to be assigned to keep the pollbook or other voting record
used in the county as approved by the State Board of Elections,
and the other to keep the registration books under the
supervision of the precinct officials. The names of all persons
voting shall be checked on the registration records and entered
on the pollbook or other voting record. In an election where
observers may be appointed under G.S. 163-45 each voter's party
affiliation shall be entered in the proper column of the book or
other approved record opposite his name. The precinct assistant
shall make each entry at the time the ballots are handed to the
voter. As soon as the polls are closed, the chief judge and
judges of election shall sign the pollbook or other approved
record immediately beneath the last voter's name entered therein.
The chief judge or the judge appointed to attend the county
canvass shall deliver the pollbook or other approved record to
the chairman of the county board of elections at the time of the
county canvass, and the chairman shall remain responsible for its
safekeeping.
(g) Occupation of Voting Booth. – Subject to the provisions of
G.S. 163-152 and G.S. 163-152.1, no voter shall be allowed to
occupy a voting booth or voting machine already occupied by
another voter, provided, however, husbands and wives may occupy
the same voting booth if both wish to do so. No voter shall be
allowed to occupy a voting booth or voting machine more than five
minutes if all the booths or machines are in use and other voters
are waiting to obtain booths or machines. (1915, c. 101, s. 11;
1917, c. 218; C.S., s. 6031; 1921, c. 181, s. 6; 1923, c. 111, s.
14; 1929, c. 164, ss. 20, 22, 23, 25; 1931, c. 254, ss. 13, 14;
1939, c. 263, s. 312; 1953, c. 1040; 1955, c. 767; 1959, c. 1203,
s. 7; 1967, c. 775, s. 1; 1973, c. 793, ss. 60, 61; c. 1223, s.
7; c. 1344, ss. 2, 3; 1979, c. 60, s. 1; 1987, c. 408, ss. 2, 3;
1993 (Reg. Sess., 1994), c. 762, s. 42; 1999-424, s. 7(f), (g).)
§ 163-151. Marking ballots in primary and election.
The voter shall adhere to the following rules and those
instructions printed on the ballot in marking his ballots:
(1) How Ballots to Be Marked. – In both primaries and
elections, a voter may designate his choice of
candidates by making a cross mark (X), a check mark,
or some other clear indicative mark in the
appropriate voting square or circle.
(2) No More Names to Be Marked Than Positions to Be
Filled. – In both primaries and elections, a voter
should not mark more names for any office than there
are positions to be filled by election.
(3) Stickers, Rubber Stamps, etc., Prohibited. – A voter
should not affix a sticker to a ballot, mark a
ballot with a rubber stamp, attach anything to a
ballot, wrap or fold anything in a ballot or do
anything to a ballot except to mark it properly with
a pencil or pen.
(4) Straight Ticket. – In an election, but not a
primary, if the voter desires to vote for all
candidates of one political party (a straight
ticket), he shall either:
a. Mark the party circle printed above the party
column; or
b. Mark in the voting square at the left of the
name of every candidate printed on the ballot
in the party column for whom he desires to
vote; or
c. Mark the party circle and also mark some or all
names printed in that party column.
(5) Split Ticket. – In an election but not in a primary,
if the voter desires to vote for candidates of more
than one political party (a split ticket), he shall
do so in either of the following ways:
a. Omit marking in the party circle of any party
and mark in the voting square opposite the name
of each candidate of any party printed on the
ballot for whom the voter wishes to vote.
b. Mark the party circle of one party and also
mark the voting square opposite the name of any
candidate or candidates of any other party.
The ballot shall be counted as a straight
ticket for all candidates of the party whose
circle was marked except for a candidate for an
office for which the voter has marked the
candidate of any other party, in which case the
vote marked for any candidate or candidates of
any other party shall be counted instead for
that office.
(6) Write-In Votes. –
a. In an election but not in a primary, if a voter
desires to vote for a person whose name is not
printed on the ballot, he shall write in the
name of the person in the space immediately
beneath the name of a candidate, if any,
printed on the ballot for that particular
office. The voter shall write the name himself
unless he is entitled to assistance under G.S.
163-152, in which case the person giving
assistance may write in the name at the request
of the voter.
b. The voter should not write in a name of a
person whose name appears as a candidate of a
political party or as an unaffiliated
candidate. If the voter writes in the name of a
candidate printed on the ballot of any party,
the write-in shall not be counted.
c. If the voter has marked the party circle of one
political party, he may also write in the name
of a person for whom he wishes to vote beneath
the name of a candidate printed in the same
column whose party circle he has marked.
d. If the voter has marked the party circle of one
party, he may, except as prohibited by G.S. 163-
123(f), write in the name of a person under the
name of a candidate in any other party. In such
case, the write-in shall be counted, and
otherwise the ballot shall be counted for all
candidates of the party whose circle was marked
except for the office for which there is a
write-in.
e. No voter shall write the name of any person on
a primary ballot.
(7) Multi-Seat Races. – If the voter should mark the
party circle of one party and also mark the voting
square opposite the name of candidates of any other
party in a multi-seat race, only those candidates of
any party beside whose name the voting square is
marked shall receive a vote. (1929, c. 164, ss. 21,
28; 1931, c. 254, s. 15; 1933, c. 165, s. 23; 1939,
c. 116, s. 2; 1947, c. 505, s. 10; 1955, c. 812, s.
2; c. 1104, ss. 1-2 1/2; 1957, cc. 344, 440, 589,
647, 737, 1383; 1959, cc. 105, 604, 610, 888; c.
1203, ss. 8, 9; 1961, c. 451; 1963, cc. 154, 167,
376, 389, 390, 567, 774; 1965, cc. 119, 154, 547,
727; c. 1117, s. 3; 1967, c. 775, s. 1; c. 1016;
1969, cc. 190, 917, 1253; 1971, c. 807; 1973, c.
793, s. 62; 1979, c. 802, s. 1; 1983, c. 324, s. 4;
1987, c. 713, ss. 1.1, 2, 5.)
§ 163-152. Assistance to voters in primaries and general
elections.
(a)In Primaries or General Elections. –
(1) Who Is Entitled to Assistance: In a primary or
general election, a registered voter qualified to
vote in the primary or general election shall be
entitled to assistance in getting to and from the
voting booth and in preparing his ballots in
accordance with the following rules:
a. Any voter shall be entitled to assistance from
a near relative of his choice.
b. Any voter in any of the following four
categories shall be entitled to assistance from
a person of the voter's choice, other than the
voter's employer or agent of that employer or
officer or agent of the voter's union:
1. One who, on account of physical
disability, is unable to enter the
voting booth without assistance;
2. One who, on account of physical
disability, is unable to mark his
ballots without assistance;
3. One who, on account of illiteracy,
is unable to mark his ballots
without assistance;
4. One who, on account of blindness, is
unable to enter the voting booth or
mark his ballots without assistance.
(2) Procedure for Obtaining Assistance: A person seeking
assistance in a primary or general election shall,
upon arriving at the voting place, first request the
chief judge to permit him to have assistance,
stating his reasons. If the chief judge determines
that the voter is entitled to assistance, he shall
ask the voter to point out and identify the person
he desires to help him and to whose assistance he is
entitled under this section. The chief judge shall
thereupon request the person indicated to render the
requested aid. The chief judge, one of the judges,
or one of the assistants may provide aid to the
voter if so requested, if the election official is
not prohibited by sub-subdivision (a)(1)b. of this
section. Under no circumstances shall any precinct
official be assigned to assist a voter who qualifies
for assistance under this section, who was not
specified by the voter.
(b) Repealed by Session Laws 1973, c. 793, s. 63.
(c) Conduct of Persons Rendering Assistance. – Anyone
rendering assistance to a voter in a primary or general election
or election under the provisions of this section shall be
admitted to the voting booth with the person being assisted and
shall be governed by the following rule:
(1) He shall not in any manner seek to persuade or
induce any voter to cast his vote in any particular
way.
(2) Except when going to or returning from a voting
booth with a voter as authorized by this section, he
shall remain within the voting place but shall not
come within 10 feet of the voting enclosure.
(3) Immediately after rendering assistance, he shall
vacate the voting booth and withdraw to his place in
the voting place outside the voting enclosure.
(4) He shall not accompany the voter from the voting
booth to the ballot box unless the voter requires
and requests assistance on account of physical
disability; if assistance is rendered in this way,
he shall not converse with the voter prior to the
time he deposits his ballots in the ballot boxes.
(5) He shall not make or keep any memorandum of anything
which occurs within the voting booth.
(6) He shall not, directly or indirectly, reveal to any
person how, in any particular, the assisted voter
marked his ballots, unless he or they are called
upon to testify in a judicial proceeding for a
violation of the election laws.
(d) Meaning of "Near Relative". – As used in this section, the
words "near relative" shall include the voter's husband, wife,
brother, sister, parent, child, grandparent, and grandchild, but
no other relative.
(e) Violation of Section. – It shall be a Class 2 misdemeanor
for any person to give, receive, or permit assistance in the
voting booth during any primary or general election or election
to any voter otherwise than as is allowed by this section. (1929,
c. 164, ss. 26, 27; 1933, c. 165, s. 24; 1939, c. 352, ss. 1, 2;
1953, c. 843; 1955, c. 800; 1957, c. 784, s. 6; 1959, c. 616, s.
1; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1973, c. 793, s. 63;
1977, c. 345, ss. 1, 2; 1985, c. 563, ss. 16-16.4; 1985 (Reg.
Sess., 1986), c. 900, s. 1; 1987, c. 565, s. 3; 1993, c. 539, s.
1099; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994),
c. 762, s. 43.)
§ 163-152.1. Assistance to blind voters in primaries and
elections.
Any blind voter may record a certificate issued by the
Department of Health and Human Services, by an optometrist or by
a physician, stating that the named individual should be entitled
to assistance as a blind voter. Upon receipt of such
certification the appropriate election official shall enter on
the voter's registration record the words "blind voter" so as to
establish such fact and so as to entitle such voter to the same
assistance in subsequent primaries and elections. The
certification presented to the precinct chief judge, the county
board of elections, or the person accepting the application to
register shall be forwarded to the chairman of the county board
of elections to be filed as a permanent record with the voter's
duplicate registration record as required by G.S. 163-65. (1969,
c. 175; 1973, c. 476, s. 143; 1985, c. 563, ss. 16.5, 16.6; 1993
(Reg. Sess., 1994), c. 762, s. 44; 1997-443, s. 11A.118(a).)
§ 163-153. Access to voting enclosure.
In all counties, only the following persons shall be
allowed within the voting enclosure while the polls are open to
voting:
(1) Officers of election, that is, members of the State
Board of Elections, members of the county board of
elections, directors of elections, and the precinct
chief judge, precinct judges of election, and
assistants appointed for the precinct under the
provisions of G.S. 163-42.
(2) Voters in the act of voting.
(3) A near relative of a voter, but only while assisting
the voter as authorized in G.S. 163-152.
(4) Any voter of the precinct called upon to assist
another voter, but only while assisting him as
authorized in G.S. 163-152.
(5) Municipal policemen assigned by the municipal
authorities to keep the peace at a voting place
located within the municipality, but only when
requested to come within the voting enclosure by the
chief judge and judges for the purpose of preventing
disorder; at the request of the chief judge and
judges, they shall withdraw from the voting
enclosure and remain at least 10 feet from its
entrance.
(6) Any voter of the precinct while entering and
explaining a challenge, and any voter of the county
who has challenged a voter in that precinct if the
challenge is heard at the polls under G.S. 163-87
and 163-88, while entering and explaining a
challenge.
(7) Observers appointed under the provisions of G.S. 163-
45.
(8) Persons working at, supervising, or voting in a
simulated election for persons ineligible to vote
because of their age. (1929, c. 164, s. 24; 1955, c.
871, s. 7; 1967, c. 775, s. 1; 1969, c. 1280, s. 1;
1973, c. 793, ss. 64, 94; 1979, c. 357, s. 5; 1983,
c. 411, s. 4; 1993, c. 236, s. 2; 1993 (Reg. Sess.,
1994), c. 762, ss. 5, 45; 1995, c. 243, s. 1.)
§ 163-154. Repealed by Session Laws 1981, c. 559.
§ 163-155. Aged and disabled persons allowed to vote outside
voting enclosure.
In any primary or election any qualified voter who is able
to travel to the voting place, but because of age, or physical
disability and physical barriers encountered at the voting place
is unable to enter the voting place or enclosure to vote in
person without physical assistance, shall be allowed to vote
either in the vehicle conveying such person to the voting place
or in the immediate proximity of the voting place under the
following restrictions:
(1) The county board of elections shall have printed and
numbered a sufficient supply of affidavits to be
distributed to each precinct chief judge which shall
be in the following form:
"Affidavit of person voting outside voting
place or enclosure.
State of North Carolina
County of ____________
I do solemnly swear (or affirm) that I am a
registered voter in
____________________________ precinct. That
because of age or physical disability I am
unable to enter the voting place to vote in
person without physical assistance. That I
desire to vote outside the voting place and
enclosure.
I understand that a false statement as to my
condition will subject me to a fine not to exceed
one thousand dollars ($1,000) or imprisonment not to
exceed six months, or both.
__________________ ________________
Date Signature of Voter
________________
Address
_______________
Signature of assistant
who administered oath."
(2) The chief judge shall designate one of the
assistants, appointed under G.S. 163-42 to attend
the voter. Upon arrival outside the voting place,
the voter shall execute the affidavit after being
sworn by the assistant. The ballots shall then be
delivered to the voter who shall mark the ballots
and hand them to the assistant. The ballots shall
then be delivered to one of the judges of elections
who shall deposit the ballots in the proper boxes.
The affidavit shall be delivered to the other judge
of election.
(3) The voter shall be entitled to the same assistance
in marking the ballots as is authorized by G.S. 163-
152.
(4) The affidavit executed by the voter shall be
retained by the county board of elections for a
period of six months. In those precincts using
voting machines, the county board of elections shall
furnish paper ballots of each kind for use by
persons authorized to vote outside the voting place
by this section. In any precinct using direct record
electronic voting equipment, the county board of
elections, with the approval of the State Board of
Elections, may provide for all such paper ballots to
be transported upon closing of the polls to the
office of the county board of elections for
counting. Those ballots may be transported only by
the chief judge, judge, or assistant. Upon receipt
by the county board of elections, those ballots
shall be counted and canvassed in the same manner as
one-stop ballots cast under G.S. 163-227.2, except
that rather than the count commencing when the polls
close under G.S. 163-234(5) as provided for one-stop
ballots, the count shall commence when the board has
received from each precinct either that precinct's
ballots or notification that no such ballots were
cast.
The total for ballots counted by the county board
of elections under this subdivision shall be
canvassed as if it were a separate precinct.
(5) If there is no assistant appointed under G.S. 163-42
to perform the duties required by this section, the
precinct chief judge or one of the precinct judges,
to be designated by the voter, if he chooses, or, if
he does not, by the precinct chief judge, shall
perform those duties.
A violation of this section is a Class 2 misdemeanor. (1971,
c. 746, s. 1; 1973, c. 793, s. 65; 1979, c. 425, s. 1; 1987, c.
300; c. 565, s. 4; 1993, c. 539, s. 1100; 1994, Ex. Sess., c. 24,
s. 14(c); 1993 (Reg. Sess., 1994), c. 762, s. 46; 1999-455, s.
18.)
§ 163-156. Rules when vacancies for superior court judge are
to be voted on.
(a), (b) Repealed by Session Laws 1987 (Regular
Session, 1988), c. 1037, s. 125.
(c) (See editor's note for effective date) If a vacancy
occurs in a judicial district for any offices of superior court
judge, and on account of the occurrence of such vacancy, there is
to be an election for one or more terms in that district to fill
the vacancy or vacancies, at that same election in accordance
with G.S. 163-9 and Article VI, Section 19 of the North Carolina
Constitution, the nomination and election shall be determined by
the following special rules in addition to any other provisions
of law:
(1) If the vacancy occurs prior to the tenth day before
the filing period ends under G.S. 163-106(c),
nominations shall be made by primary election as
provided by Article 10 of this Chapter, without
designation as to the vacancy;
(2) If the vacancy occurs beginning on the tenth day
before the filing period ends under G.S. 163-106(c),
and ending on the sixtieth day before the general
election, a nomination shall be made by the
appropriate district executive committee of each
political party and the names of the nominees shall
be printed on the general election ballots, without
designation as to the vacancy;
(3) Repealed by Session Laws 1987, c. 485, s. 3.
(4) The general election ballot shall contain, without
designation as to vacancy, spaces for the election
to fill the vacancy where nominations were made
under subdivisions (1) or (2) of this subsection.
The persons receiving the highest numbers of votes
equal to the term or terms to be filled shall be
elected to the term or terms.
(c) (See editor's note for effective date) If a vacancy
occurs in a judicial district for any offices of superior court
judge, and on account of the occurrence of such vacancy, there is
to be an election for one or more terms in that district to fill
the vacancy or vacancies, at that same election in accordance
with G.S. 163-9 and Article VI, Section 19 of the North Carolina
Constitution, the nomination and election shall be determined by
the following special rules in addition to any other provisions
of law:
(1) If the vacancy occurs prior to the opening of the
filing period under G.S. 163-323(b), nominations
shall be made by primary election as provided by
Article 25 of this Chapter, without designation as
to the vacancy;
(2) If the vacancy occurs beginning on opening of the
filing period under G.S. 163-323(b), and ending on
the sixtieth day before the general election,
candidate filing shall be as provided by G.S. 163-
329 without designation as to the vacancy;
(3) Repealed by Session Laws 1987, c. 485, s. 3.
(4) The general election ballot shall contain, without
designation as to vacancy, spaces for the election
to fill the vacancy where nominations were made or
candidates filed under subdivisions (1) or (2) of
this subsection. The persons receiving the highest
numbers of votes equal to the term or terms to be
filled shall be elected to the term or terms. (1985
(Reg. Sess., 1986), c. 986, s. 1; 1987, c. 485, s.
3; 1987 (Reg. Sess., 1988), c. 1037, s. 125; 1996,
2nd Ex. Sess., c. 9, ss. 19.1, 22.)
§ 163-156. (For effective date see note) Rules when two or
more vacancies for superior court judge of different term
length are to be voted on in the same year, or where two
or more elections for less than a full term are to be
voted on in the same year.
(a)The General Assembly finds that:
(1) The provisions of law requiring candidates for
superior court judge to designate the vacancy they
are seeking are unenforceable under Section 5 of the
Voting Rights Act of 1965;
(2) In some judicial districts, where such staggered
terms have been approved under Section 5 of the
Voting Rights Act, not all the terms of the superior
court judges expire at the same time, and the
provisions of Article IV, Section 19 of the North
Carolina Constitution dealing with filling of
unexpired terms in an election could result in an
election being held simultaneously in a judicial
district for one or more full eight-year terms, and
one or more unexpired terms of two, four, or six
years.
(3) Article IV, Section 19 of the North Carolina
Constitution requires that vacancies in superior
court judgeships occurring as late as 31 days before
the general election be filled for the remainder of
the unexpired term, which is long after the main
part of the judicial ballot has been printed, and
while absentee voting is already going on. In the
past, when an unexpired term has occurred soon
before the election, a supplemental ballot has been
issued for use along with the regular judicial
ballot. If the State were required to conduct
elections for last-minute unexpired terms without
designation as to vacancy with the already scheduled
full terms, it would require scrapping ballots
already printed and would greatly disrupt the
election process.
(b) When there is an election in a judicial district for one
or more offices of superior court judge for full terms, and there
is also to be an election for one or more unexpired terms in the
same district at that same election in accordance with Article
IV, Section 19 of the North Carolina Constitution, the nomination
and election shall be determined by the following special rules
in addition to any other provisions of law:
(1) If the unexpired term occurs prior to the tenth day
before the filing period ends under G.S. 163-
106(c), nominations shall be made by primary
election as provided by Article 10 of this Chapter,
without designation as to the vacancy;
(2) If the unexpired term occurs beginning on the tenth
day before the filing period ends under G.S. 163-
106(c), and ending on the sixtieth day before the
general election, a nomination shall be made by the
appropriate district executive committee of each
political party and the names of the nominees shall
be printed on the general election ballots, without
designation as to the vacancy;
(3) Beginning on the fifty-ninth day before the general
election and ending on the thirtieth day before the
general election, a nomination shall be made by the
appropriate district executive committee of each
political party and the names of the nominees shall
be printed on the general election ballots, with
designation as to the vacancy;
(4) The general election ballot shall contain, without
designation as to vacancy, spaces for the election
of all full terms and all unexpired terms where
nominations were made under subdivisions (1) or (2)
of this subsection. The persons receiving the
highest numbers of votes equal to the number of full
terms to be elected shall be elected to those full
terms. The persons receiving the next highest
numbers of votes shall be elected to the unexpired
term or terms, in order of length of the unexpired
terms (longest first), until all those terms have
been filled. If two or more persons receive an equal
number of votes, and all are to be elected, then the
provisions of the last sentence of G.S. 163-191
shall not apply, and if the terms are of unequal
length, the State Board of Elections by lot shall
determine which term each candidate elected is to
receive;
(5) In addition, the general election ballot shall
contain, with designation of vacancy, spaces for
the election of all unexpired terms where
nominations are made under subdivision (3) of this
subsection.
(c) When there is no election in a judicial district for any
offices of superior court judge for full terms, and there is to
be an election for one or more unexpired terms in the that
district at that same election in accordance with Article IV,
Section 19 of the North Carolina Constitution, the nomination and
election shall be determined by the following special rules in
addition to any other provisions of law:
(1) If the unexpired term occurs prior to the tenth day
before the filing period ends under G.S. 163-
106(c), nominations shall be made by primary
election as provided by Article 10 of this Chapter,
without designation as to the vacancy;
(2) If the unexpired term occurs beginning on the tenth
day before the filing period ends under G.S. 163-
106(c), and ending on the sixtieth day before the
general election, a nomination shall be made by the
appropriate district executive committee of each
political party and the names of the nominees shall
be printed on the general election ballots, without
designation as to the vacancy;
(3) Beginning on the fifty-ninth day before the general
election and ending on the thirtieth day before the
general election, a nomination shall be made by the
appropriate district executive committee of each
political party and the names of the nominees shall
be printed on the general election ballots, with
designation as to the vacancy;
(4) The general election ballot shall contain, without
designation as to vacancy, spaces for the election
of all unexpired terms where nominations were made
under subdivision (1) or (2) of this subsection. The
persons receiving the highest numbers of votes equal
to the unexpired term or terms, in order of length
of the unexpired terms (longest first), shall be
elected to the unexpired term or terms, until all
those terms have been filled. If two or more persons
receive an equal number of notes, and all are to be
elected, then the provisions of the last sentence of
G.S. 163- 191 shall not apply, and if the terms are
of unequal length, the State Board of Elections by
lot shall determine which term each candidate
elected is to receive.
(5) In addition, the general election ballot shall
contain, with designation of vacancy, spaces for
the election of all unexpired terms where
nominations are made under subdivision (3) of this
subsection. (1985 (Reg. Sess., 1986), c. 986, s. 1;
c. 987, s. 1.)
§§ 163-157 through 163-159. Reserved for future codification
purposes.
Article 14.
Voting Systems.
§ 163-160. Voting systems; approval; rules and regulations.
The State Board of Elections shall have authority to
approve types of voting systems for use in primaries and
elections held in this State. The use of voting systems that
have been approved by the State Board of Elections in any primary
or election held in any county or municipality shall be as valid
as the use of paper ballots by the voters.
The State Board of Elections shall prescribe rules and
regulations for the adoption, handling, operation, and honest use
of voting systems, including, but not limited to, the following:
(1) Types of voting systems approved for use in this
State;
(2) Form of ballot labels to be used on voting systems;
(3) Operation and manner of voting on voting systems;
(4) Instruction of precinct officials in the use of
voting systems;
(5) Instruction of voters in the use of voting systems;
(6) Assistance to voters using voting systems;
(7) Duties of custodians of voting systems;
(8) Examination of voting systems before use in a
primary election; and
(9) Use of paper or other ballots where voting systems
are used as set out in G.S. 163-162. (1949, c. 301;
1953, c. 1001; 1955, c. 1066, s. 1; 1967, c. 775, s.
1; 1975, c. 149, s. 3; 1987, c. 106.)
§ 163-160.1. Definition of "voting systems".
As used in this Article, "voting systems" shall mean
mechanical voting machines and computer-based and optical-scan
election systems. (1987, c. 106, s. 1.)
§ 163-161. Adoption of voting systems by local governments.
(a)Discretionary authority. – The board of county
commissioners, with the approval of the county board of
elections, may adopt and purchase or lease a voting system of a
type approved by the State Board of Elections for use in some or
all voting places in the county at some or all primaries and
elections. Specifically, the board may purchase a voting system
upon an installment basis or otherwise, or it may lease a voting
system with or without an option to purchase.
The board of county commissioners may decline to adopt and
purchase or lease any voting system recommended by the county
board of elections, but may not adopt and purchase or lease any
voting system that has not been approved by the county board of
elections. Provided that no board of county commissioners may
purchase any item of equipment of an optical-scanning voting
system if the manufacturer or supplier is no longer certified as
an authorized vendor by the State Board of Elections, unless the
county board of elections specifically approves the purchase of
that item of equipment.
(b) Requirements for County Board of Elections. – Before
approving the adoption and purchase or lease of any voting system
by the board of county commissioners, the county board of
elections shall:
(1) Obtain a current financial statement from the
proposed vendor or lessor of the voting system, and
send copies of the statement to the county attorney
and the chief county financial officer, and
(2) Witness a demonstration, in that county or at a site
designated by the State Board of Elections, of the
voting system by the proposed vendor or lessor, and
also witness a demonstration of at least one other
type of voting system approved by the State Board of
Elections.
(3) Test, during a primary or election, the proposed
voting system in at least one precinct in the county
where the system would be used if adopted.
(c) Implementation of Decision. – When the board of county
commissioners has decided to adopt and purchase or lease a voting
system for voting places under the provisions of subsection (a)
of this section, the board of county commissioners shall, as soon
as practical, provide for each of those voting places sufficient
equipment of the approved voting system in complete working
order. If it is impractical to furnish each voting place with
the equipment of the approved voting system, that which has been
obtained may be placed in voting places chosen by the county
board of elections. In that case, the county board of elections
shall choose the voting places and allocate the equipment in a
way that as nearly as practicable provides equal access to the
voting system for each voter.
The county board of elections shall appoint as many voting
system custodians as may be necessary for the proper preparation
of the system for each primary and election and for its
maintenance, storage and care.
(d) Municipalities. – The governing board of the municipality
shall have the same authority with respect to the acquisition and
use of a voting system for municipal primaries and elections that
boards of county commissioners are granted in subsection (a) with
respect to other primaries and elections.
The decision of the governing board of the municipality shall
be subject to approval of the county board of elections, as
described in subsection (a), if the county board of elections
administers the elections of the municipality, or by the approval
of the municipal board of elections if the municipal board of
elections administers the elections of the unit. Before
approving the adoption and purchase or lease of a voting system,
the county or municipal board of elections shall be subject to
all the requirements of subsection (b), except that in the case
of a municipal board of elections, the financial statement shall
be sent to the municipal attorney and the chief municipal finance
officer, the demonstration shall be conducted in the municipality
or at a site designated by the State Board of Elections, and the
testing shall be done in a precinct of the municipality.
When a municipal governing body has decided to adopt and
purchase a voting system for voting places under the provisions
of this subsection, that governing body shall have all the duties
parallel to those imposed by subsection (c) on a board of county
commissioners and a county board of elections: that is, the
municipal governing body shall, as soon as practical, provide for
each of those voting places sufficient equipment of the approved
voting system or, if that is impractical, provide the available
equipment of the approved voting system in the places it chooses,
and shall appoint the necessary number of voting-system
custodians. In the case that equipment of the approved system
for every voting place is impractical, the municipal governing
board shall choose the voting places and allocate the equipment
in a way that as nearly as practicable provides equal access to
the voting system for every voter. (1949, c. 301; 1953, c. 1001;
1955, c. 1066, s. 1; 1967, c. 775, s. 1; 1987, c. 106; 1989, c.
635, s. 4.)
§ 163-162. Use of paper ballots where voting systems are
used.
In counties in which voting machines are used in some or
all precincts, the county board of elections shall have authority
to furnish paper ballots of each kind to precincts using voting
systems for use by:
(1) Persons required to sign their ballots under the
provisions of G.S. 163-150(e), and persons who vote
pursuant to G.S. 163-155; and
(2) Persons who wish to write in names of candidates who
are not on the ballot, if it is not practical to use
voting systems to record write-in votes in
particular precincts because of the horizontal or
vertical printing limitations of G.S. 163-137,
provided the county board of elections has been
issued written approval from the State Board of
Elections, and
(3) Persons who vote at the office of the county board
of elections. For voters who vote at the county
board office, the county board may furnish, in lieu
of paper ballots, ballots of a voting system
approved by the State Board of Elections, provided
those ballots are identifiable and retrievable.
(1967, c. 775, s. 1; 1973, c. 793, s. 66; 1975, c.
149, s. 2; 1981, c. 630; 1987, c. 106.)
§ 163-162.1. Expired.
§ 163-163. Standardized straight-party designation.
In any general election in which voting devices are used
upon which the voter must punch or mark a number in order to cast
a straight-party ticket, the number used for each party shall be
uniform statewide. The State Board of Elections shall adopt
regulations to implement this section. (1987, c. 36, s. 1.)
§ 163-164. Use of paper ballots in multi-candidate contests
where optical scan ballot counters cannot be used.
The State Board of Elections shall, upon written request,
authorize counties to utilize paper ballots in multi-candidate
contests where the optical scan ballot counters are not
programmable to count such ballots in accordance with law. (1987,
c. 549, s. 6.12.)
§ 163-166: Repealed by Session Laws 1997-443, s. 31.
Article 15.
Counting Ballots, Canvassing Votes, and Certifying Results in
Precinct and County.
§ 163-168. Proceedings when polls are closed.
At the time set by G.S. 163-2 for closing the polls on the
day of a primary, general or special election, the precinct chief
judge shall announce that the polls are closed, but any qualified
voters who are then in the process of voting or who are in line
at the voting place waiting to vote, whether or not they are
within the voting enclosure or voting place boundaries, shall be
allowed to vote.
At closing time, the chief judge, or a judge designated by the
chief judge, shall enter into the pollbook, on a separate page
labeled "Persons Waiting to Vote at Closing Time in the Primary
Election Held the _______ Day of______, 19____," the names of all
persons then in line at the voting place waiting to vote,
beginning with the person last in line and proceeding to the
person first in line at closing time. No persons shall be allowed
to vote after closing time unless their names are so listed.
(1933, c. 165, s. 8; 1955, c. 891; 1961, c. 487; 1967, c. 775, s.
1; 1973, c. 793, s. 67; 1993 (Reg. Sess., 1994), c. 762, s. 47.)
§ 163-169. Counting ballots at precincts; unofficial report
of precinct vote to county board of elections.
(a)Instructions. – Before each primary and election, the
chairman of the county board of elections shall furnish each
chief judge written instructions on how ballots shall be marked
and counted. Before starting the counting of ballots in his
precinct, the chief judge shall instruct all of the judges,
assistants, and ballot counters in how differently marked ballots
shall be counted and tallied.
(b) General Rule. – Only official ballots shall be voted and
counted. No official ballot shall be rejected because of
technical errors in marking it, unless it is impossible to
determine the voter's choice under the rules for counting
ballots. Such determination shall be made by the county board of
elections if the chief judge and judges are unable to determine
the voter's choice, or whether a particular ballot should be
counted.
(c) Right to Witness Precinct Count. – The counting of the
ballots in each box shall be made in the presence of the precinct
election officials and witnesses and observers who are present
and desire to observe the count. Observers shall not interfere
with the orderly counting of the ballots.
(d) Counting to Be Continuous; Precinct Officials Not to
Separate. – As soon as the polls are closed the chief judge and
judges shall, without adjournment or postponement, open the
ballot boxes and count the ballots. The counting of ballots at
the precinct shall be continuous until completed. More than one
box may be counted at the same time by the precinct officials,
assistants, and ballot counters, but the chief judge and judges
shall supervise the counting of all boxes and shall be
responsible for them. From the time the first ballot box is
opened and the count of votes begun until the votes are counted
and the statement of returns made out, signed, certified as
required by G.S. 163-173, and delivered to the chief judge or
judge chosen to deliver them to the county board of elections,
the precinct chief judge and judges shall not separate, nor shall
any one of them leave the voting place except for unavoidable
necessity.
(e) Counting Primary Ballots. – In a primary election the
ballots shall be emptied on a table in full view of the precinct
election officials, ballot counters, if used, and witnesses
present. Identically marked ballots may be arranged in orderly
piles to be counted. The results of those counts shall be stated
aloud and the totals recorded on the tally sheet. For all other
ballots, the name of each candidate voted for shall be read aloud
distinctly, and the vote received by each candidate shall be
tallied on the tally sheet. This procedure shall be followed for
all boxes being counted.
(f) Counting General Election Ballots. – In a general election
the contents of a ballot box may be emptied upon a table and the
ballots divided into two piles:
(1) All those ballots marked in the circle of one
political party to indicate a vote for all of the
candidates of that party, that is, "straight
tickets," which shall be so counted and tallied.
(2) All those ballots marked for candidates of more than
one political party, that is, "split tickets," which
shall be called and tallied in the manner prescribed
for counting primary ballots in subsection (e) of
this section.
(g) Questioned Ballots. – All questions arising with respect
to how a ballot shall be counted or tallied shall be referred to
the chief judge and judges of election for determination before
the completion of the counting of the ballots in the box from
which the questioned ballot was taken.
(h) Unofficial Report of Precinct Returns. – On the night of
the primary or election, as soon as the votes have been counted
and the precinct returns certified, the chief judge, or one of
the judges selected by the chief judge, shall report the total
precinct vote for each candidate, constitutional amendment, and
proposition by telephone or otherwise to the county board of
elections. This report shall be unofficial and shall have no
binding effect upon the official county canvass to follow. As
soon as the precinct reports are received, the chairman,
secretary, or clerk to the county board of elections shall
publish the reports to the press, radio, and television. The
costs incurred in executing the provisions of this subsection
shall be charged to the operating expense of the county board of
elections.
(i) Absentee Ballots. – Absentee ballots shall be deposited
and voted in accordance with the provisions of G.S. 163-227.2 and
G.S. 163-234; they shall be counted and tabulated as provided in
this section and G.S. 163-170.
(j) Repealed by Session Laws 1977, c. 265, s. 12. (1933, c.
165, s. 8; 1953, c. 843; 1955, cc. 800, 891; 1961, c. 487; 1963,
c. 303, s. 1; 1965, c. 871; 1967, c. 775, s. 1; 1973, c. 793, s.
94; 1977, c. 265, s. 12; 1979, c. 802, s. 2; 1983, c. 411, s. 5;
1993 (Reg. Sess., 1994), c. 762, s. 48; 1999-455, s. 19.)
§ 163-170. Rules for counting ballots.
Only official ballots shall be voted and counted. No
official ballot shall be rejected because of technical errors in
marking it unless it is impossible to determine the voter's
choice. In applying the general rule, all election officials
shall be governed by the following rules:
(1) When Impossible to Determine Voter's Choice for
Office. – If for any reason it is impossible to
determine a voter's choice for an office, the ballot
shall not be counted for that office but shall be
counted for all other offices.
(2) When Ballot Marked for More Names Than There are
Positions to Be Filled. – If a ballot is marked for
more names than there are positions to be filled, it
shall not be counted for that office but shall be
counted for all other offices.
(3) When Ballot Defaced or Torn. – If a ballot has been
defaced or torn by a voter so that it is impossible
to determine the voter's choice for one or more
offices, it shall not be counted for such offices
but shall be counted for all offices for which the
voter's choice can be determined.
(4) When Voter Has Affixed Sticker, etc., or Otherwise
Improperly Treated Properly Marked Ballot. – If a
voter has properly marked the voting square with pen
or pencil, and also has affixed a sticker to a
ballot, or marked a ballot with a rubber stamp,
attached anything to a ballot, wrapped or folded
anything in a ballot, or done anything to a ballot
other than mark it properly with pen or pencil, it
shall be counted unless such action by the voter
makes it impossible to determine the voter's choice.
(5) Write-In Votes. – If a name has been written in on
an official general election ballot as provided in
G.S. 163-151, it shall be counted in accordance with
the following rules:
a. The name written in shall not be counted unless
written in by the voter or a person authorized
to assist the voter pursuant to G.S. 163-152.
b. The name shall be written in immediately below
the name of a candidate for a particular
office, if any, and shall be counted as a vote
for the person whose name has been written in
for that office. If the voter has made a mark
to the left of the name written in, or checked
in the party circle or the square beside the
name of a candidate below whose name the write-
in appears, or if the voter strikes out, marks
through or crosses out the name printed above
the write-in, such action by the voter shall
not serve to invalidate the ballot or the vote
for the person whose name was written in for
that particular office.
c. If the person whose name was written in appears
as a candidate of a political party or as an
unaffiliated candidate for any office, the
write-in shall be ignored and the ballot shall
be counted as though no write-in appeared for
such office.
d. Marking Party Circle and Write-Ins. –
1. If the voter marks the party circle above
the column in which he has entered the
write-in, his ballot shall be counted as a
vote for the person whose name has been
written in, and for all other candidates
of the party in whose circle he has
marked, except the candidate beneath whose
printed name the write-in appears.
2. If the voter has marked the party circle
at the top of the column of a political
party, and has made a write-in under the
name of a candidate printed in a column of
a different political party, except as
prohibited by G.S. 163-123(f), the write-
in shall be counted, and otherwise the
ballot shall be counted as a vote for all
candidates of the party in whose circle he
has marked except for the office for which
there is a write-in.
3. In a multi-seat race, if the voter has
marked the party circle at the top of the
column of a political party and has made a
write-in under the name of a candidate
printed in a column of a different
political party, only the write-in and
those other candidates of any party beside
whose name the voting square is marked
shall receive a vote. This subparagraph
does not apply if the write-in cannot be
counted because of G.S. 163-123(f).
(6) Split Ticket. –
a. If the voter has marked the party circle of one
party and also marked the voting square of
individual candidates of another party, the
ballot shall be counted as a straight ticket
for all candidates of the party whose circle
was marked except for a candidate for an office
for which the voter has marked the candidate of
any other party, in which case the vote marked
for any candidate or candidates of any other
party shall be counted instead for that office.
b. If the voter votes a split ticket by omitting
to mark the party circle and marks the voting
square opposite the name of candidates for whom
he desires to vote in different party columns,
the ballot shall be counted as a vote for each
candidate marked in a different party column.
c. In a multi-seat race, if the voter has marked
the party circle at the top of the column of a
political party and has marked the voting
square of a candidate of any other party, only
those candidates of any party beside whose
names the voting squares are marked shall
receive a vote.
(7) Voting a Straight Ticket. – If a voter desires to
vote for all candidates of one political party, a
straight ticket, he shall either:
a. Mark the party circle printed at the top of the
party column; or
b. Mark the voting squares at the left of the name
of every candidate of the same party printed on
the ballot; or
c. Mark the party circle and also mark some or all
names printed in that party column.
In either case, the ballot shall be counted as a
straight ticket and counted as a vote for every
candidate whose name is printed in the party column.
(1929, c. 164, s. 28; 1931, c. 254, s. 15; 1933, c.
165, ss. 8, 23; 1939, c. 116, s. 2; 1947, c. 505, s.
10; 1955, c. 812, s. 2; c. 891; c. 1104, ss. 1-2;
1957, cc. 344, 440, 589, 647, 737, 1383; 1959, cc.
105, 604, 610, 888; c. 1203, s. 9; 1961, cc. 451,
487; 1963, cc. 154, 167, 376, 389, 390, 567, 774;
1965, cc. 119, 154, 547, 727; c. 1117, s. 3; 1967,
c. 775, s. 1; 1973, c. 793, s. 68; 1979, c. 802, s.
3; 1983, c. 324, s. 5; 1987, c. 713, ss. 3, 4, 6, 7;
1993, c. 553, s. 64.)
§ 163-170.1. Counting of ballots in multi-seat races where
voter votes straight-party ticket and for individual
candidates of that party but not for individual
candidates of another party.
Notwithstanding any other provision of this act, in the
case of a multi-seat race, if a voter votes a straight-party
ticket, and also votes for individual candidates of that party
but not for individual candidates of another party, the ballot
shall be counted for that office only for the individual
candidates so marked. The State Board of Elections shall by
directive amend the instructions provided by this act, if
necessary, to effectuate this section. (1987, c. 713, s. 12.1;
1987 (Reg. Sess., 1988), c. 1028, s. 13.)
?
§ 163-171. Preservation of ballots; locking and sealing
ballot boxes; signing certificates.
When the precinct count is completed after a primary or
election, all ballots shall be put back in the ballot boxes from
which they were taken, and the chief judge and judges shall
promptly lock and place a seal around the top of each ballot box,
so that no ballot may be taken from or put in it. The chief judge
and judges shall then sign the seal on each ballot box. In the
alternative, the county board of elections may permit the
precinct officials to put the counted ballots back in one ballot
box or more to facilitate safekeeping provided the board
prescribes an appropriate procedure to keep the different kinds
of ballots separated in bundles or bags within the box.
Ballot boxes in which ballots have been placed and which have
been locked and sealed as required by the preceding paragraph
shall remain in the safe custody of the chief judge, subject to
the orders of the chairman of the county board of elections as to
their disposition; provided that ballot boxes with paper ballots
shall be delivered in person to the office of the county board of
elections; provided further that in the case of paper ballots
which have been counted either mechanically or electronically
either the counting machines with the paper ballots sealed inside
shall be delivered in person to the office of the county board of
elections, or the paper ballots shall be placed in ballot boxes,
sealed, and those boxes shall be delivered in person to the
office of the county board of elections. The ballots and ballot
boxes shall be delivered at a time specified by the county board
of elections. No ballot box shall be opened except upon the
written order of the county board of elections or upon a proper
order of court.
Ballots cast in a primary or general election shall be
preserved for at least two months after the primary or general
election in which voted.
On each precinct return form there shall be printed a
statement to be signed by the chief judge and judges certifying
that, after the precinct count was completed, each ballot box was
properly locked, sealed, and the seals signed, as prescribed in
this section, before the precinct officials left the voting place
on the night of the primary or election.
Willful failure to securely lock, seal, and sign the seal on
each ballot box on the night of any primary or election, and
willful failure to sign the certificate on the duplicate return
forms certifying that this was done, shall constitute a Class 2
misdemeanor.
In the event that a recount is requested as provided by law or
there is other filing of an appeal of the election results, the
county board of elections shall seal and secure the ballots,
ballot boxes, and voting machines within a uniform period of time
set by the State Board of Elections, to the extent that such
actions have not already been taken as required by law. The
aforementioned items shall then be stored in locations that are
securely locked by members of the county board of elections. In
counties that utilize voting machines or voting systems the
county board of elections shall be required to store in one
location that record on which the official vote cast is recorded.
(1915, c. 101, s. 21; 1917, c. 179, s. 1; c. 218; C.S., s. 6041;
1923, c. 111, s. 15; 1959, c. 1203, s. 2; 1967, c. 775, s. 1;
1981, c. 124; 1987, c. 416; 1991, c. 727, s. 4; 1993, c. 539, s.
1101; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994),
c. 762, s. 49, s. 1.)
§ 163-172. State Board of Elections to prepare and distribute
abstract forms; printing by counties.
The State Board of Elections shall prepare and print
appropriate abstract of returns forms and, at least 30 days
before the time for holding any primary or election, send copies
of them to the chairman of the county board of elections and
clerk of superior court of each county. At the same time, the
State Board of Elections shall furnish directions for completing,
certifying, signing, and transmitting abstracts of returns to the
State Board of Elections and Secretary of State as required by
this Chapter after each primary and election.
Provided, that the State Board of Elections, in its
discretion, may direct some or all counties to print the
abstracts and precinct return forms as designed by the State
Board and required for any primary or election. If the State
Board prints and distributes the abstracts and precinct return
forms required for any primary or election, at the expense of the
State, the State Board shall have the authority to negotiate for
the abstracts and precinct return forms to be printed and
distributed on a regional or centralized basis, and the State
Board shall be exempt from securing competitive bids for printing
and distribution. (1967, c. 775, s. 1; 1975, c. 844, s. 6.)
§ 163-173. How precinct returns are to be made.
In each precinct, when the results of the counting of the
ballots have been ascertained they shall be recorded in original
and duplicate statements to be prepared, signed, and certified to
by the chief judge and judges on forms provided by the county
board of elections.
One of the statements of the voting in the precincts shall be
placed in a sealed envelope and delivered to the chief judge or a
judge selected by the precinct officials for the purpose of
delivery to the county board of elections for review at its
meeting on the second day after the primary or election. The
other copy of the statement shall either be mailed immediately or
delivered in person immediately, as directed by the county board
of elections, by one of the other two precinct election
officials, to the chairman of the county board of elections or
the director of elections if authorized by the chairman to
receive the statement.
Any chief judge or judge appointed to deliver the certified
precinct returns who shall fail to deliver them to the county
board of elections by 12:00 noon, on the day the board meets to
canvass the returns shall be guilty of a Class 2 misdemeanor,
unless the failure resulted from illness or other good cause.
(1933, c. 165, s. 8; 1967, c. 775, s. 1; 1981, c. 153; 1993, c.
539, s. 1102; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess.,
1994), c. 762, s. 50; 1995, c. 243, s. 1.)
§ 163-174. Registration and pollbooks to be returned to
chairman of county board of elections.
On the day preceding the county canvass or on the day of
the county canvass, following each primary and election, as may
be directed by the chairman of the county board of elections, the
chief judge (or judge appointed to bring in the precinct returns)
shall deliver the precinct registration book or records and the
pollbook to the chairman of the county board of elections at the
time directed by the chairman. (1933, c. 165, s. 8; 1967, c. 775,
s. 1; 1981, c. 152; 1993 (Reg. Sess., 1994), c. 762, s. 51.)
§ 163-175. County board of elections to canvass returns.
On the third day (Sunday excepted) next after every
primary and election, the county board of elections shall meet at
11:00 A.M. at the county courthouse or at the office of the
county board of elections (the choice of location to be at the
option of the county board of elections) to canvass the votes
cast in the county and prepare the county abstracts. If the
returns from any precinct have not been received by the county
board by 12:00 noon on that day, or if the returns of any
precinct are incomplete or defective, the board shall have
authority to dispatch a peace officer to the residences of the
election officials of the delinquent precinct for the purpose of
securing proper returns for that precinct.
In the presence of such persons as choose to attend, the
members of the county board of elections shall open the precinct
returns, canvass and judicially determine the results of the
voting in the county, and prepare and sign duplicate abstracts
showing:
(1) In a primary, the total number of votes cast in each
precinct and in the county for each candidate of
each political party for each office.
(2) In an election, the number of legal votes cast in
[each] precinct for each candidate, the name of each
person voted for, the political party with which he
is affiliated, and the total number of votes cast in
the county for each person for each different
office.
In complying with the provisions of this section, the county
board of elections shall have power and authority to pass
judicially upon all facts relative to the primary or election, to
make or order such recounts as it deems necessary, and to
determine judicially the result of the primary or election.
Provided, however, that where a petitioner has been denied a
recount upon a verbal or written order of the State Board of
Elections pursuant to regulations of the State Board, the county
board of elections shall not make or order a further recount.
The board shall also have power to send for papers and persons
and to examine them and to pass upon the legality of any disputed
ballots transmitted to it by any precinct election official. In
accepting the filing of complaints concerning the conduct of an
election, a board of elections shall be subject to the rules
concerning Sundays and holidays set forth in G.S. 103-5.
When, on account of errors in tabulating returns and filling
out abstracts, the result of a primary or election in any one or
more precincts cannot be accurately known, the county board of
elections shall be allowed access to the ballot boxes in such
precincts to make or order a recount and to declare the result.
(1915, c. 101, s. 27; 1917, c. 218; C.S., s. 6048; 1933, c. 165,
s. 8; 1957, c. 1263; 1966, Ex. Sess., c. 5, s. 4; 1967, c. 775,
s. 1; 1977, c. 265, s. 13; 1981, c. 304; 1987, c. 491, s. 4; 1995
(Reg. Sess., 1996), c. 553, s. 1.)
§ 163-176. Preparation of original abstracts; where filed.
When the county canvass has been completed, the county
board of elections shall record the results determined in
accordance with G.S. 163-175 on duplicate abstract forms
furnished by the State Board of Elections.
Each abstract shall be prepared to show the total number of
votes cast for each constitutional amendment and proposition and
for each candidate of each political party for each office in
each precinct and in the entire county.
When the original and two duplicate abstracts have been
prepared, the members of the county board of elections shall sign
an affidavit on each, stating that it is true and correct.
Each of the original abstracts, together with the original
precinct returns, shall be filed by the county board of elections
with the clerk of superior court to be recorded in the permanent
file in his office. (1933, c. 165, s. 8; 1967, c. 775, s. 1;
1969, c. 971, s. 1.)
§ 163-177. Disposition of duplicate abstracts.
Within six hours after the returns of a primary or
election have been canvassed and the results judicially
determined, the chairman of the county board of elections shall
mail, or otherwise deliver, to the State Board of Elections the
duplicate-original abstracts prepared in accordance with G.S. 163-
176 for all offices and referenda for which the State Board of
Elections is required to canvass the votes and declare the
results including:
President and Vice-President of the United States
Governor, Lieutenant Governor, and all other State
executive officers
United States Senators
Members of the House of Representatives of the United
States Congress
Justices, Judges, and District Attorneys of the General
Court of Justice
State Senators in multi-county senatorial districts
Members of the State House of Representatives in multi-
county representative districts
Constitutional amendments and propositions submitted to
the voters of the State.
One duplicate abstract prepared in accordance with G.S. 163-176
for all offices and referenda for which the county board of
elections is required to canvass the votes and declare the
results (and which are listed below) shall be retained by the
county board, which shall forthwith publish and declare the
results; the second duplicate abstract shall be mailed to the
chairman of the State Board of Elections, to the end that there
be one set of all primary and election returns available at the
seat of government.
All county offices
State Senators in single-county senatorial districts
Members of the State House of Representatives in single-
county representative districts
Propositions submitted to the voters of one county.
If the chairman of the county board of elections fails or
neglects to transmit duplicate abstracts to the chairman of the
State Board of Elections within the time prescribed in this
section, he shall be guilty of a Class 2 misdemeanor. Provided,
that the penalty shall not apply if the chairman was prevented
from performing the prescribed duty because of sickness or other
unavoidable delay, but the burden of proof shall be on the
chairman to show that his failure to perform was due to sickness
or unavoidable delay. (1933, c. 165, s. 8; 1966, Ex. Sess., c. 5,
s. 3; 1967, c. 775, s. 1; 1969, c. 44, s. 86; c. 971, s. 2; 1973,
c. 47, s. 2; c. 793, s. 69; 1975, c. 844, s. 7; 1977, c. 265, s.
14; 1987, c. 565, s. 5; 1993, c. 539, s. 1103; 1994, Ex. Sess.,
c. 24, s. 14(c).)
§ 163-177.1. Responsibility of chairman.
The chairman of the county board of elections shall be
responsible for prompt delivery of the abstracts required in G.S.
163- 177 to the State Board of Elections. If the chairman of the
county board of elections is notified by the State Board, by
telephone or otherwise, that the abstracts from his county have
not been received and therefore the State canvass cannot proceed,
then the chairman of the county board shall deliver immediately,
or have delivered, the office copy of all abstracts due.
The North Carolina State Highway Patrol, in cooperation with
the State Board of Elections and county boards of elections, may,
upon request, be responsible for the delivery of the abstracts
from each county to the office of the State Board of Elections.
(1975, c. 844, s. 8.)
§ 163-178: Repealed by Session Laws 1981, c. 564, s. 1.
§ 163-179. Who declared elected by county board.
In a general election, the person having the greatest
number of legal votes for a county office or for membership in
one of the houses of the General Assembly in a representative or
senatorial district composed of only one county shall be declared
elected by the county board of elections. If two or more
candidates for a county office, having the greatest number of
votes, shall have an equal number, the county board of elections
shall determine by lot which shall be elected. If two or more
candidates for membership in one of the houses of the General
Assembly in a representative or senatorial district composed of
only one county, having the greatest number of votes, shall have
an equal number, the determination of which of the candidates is
elected shall be governed by the provisions of G.S. 163- 191.
(1933, c. 165, s. 8; 1957, c. 1263; 1966, Ex. Sess., c. 5, s. 4;
1967, c. 775, s. 1; 1973, c. 793, s. 70.)
§ 163-179.1. Mandatory recounts.
(a)Whenever, according to the canvass made under this
Article, the difference between the number of votes received by a
candidate who:
(1) Has received the number of votes necessary to be
declared nominated for an office in a primary
election with a majority; or
(2) Has received the number of votes necessary to be
declared nominated for an office in a second primary
election
and the number of votes received by any candidate in the race is
not more than one percent (1%) of the total votes which were cast
for that office, except in multi-seat races one percent (1%) of
the total votes cast for those two candidates, the county board
of elections shall, before declaring the person nominated, order
a recount of the primary if a candidate whose votes fell within
one percent (1%) of a successful candidate shall, by noon on the
second day (Saturdays and Sundays excepted) following the
canvass, request in writing such a recount.
(b) Whenever, according to the canvass made under this
Article, the difference between the number of votes received by a
candidate who has been declared elected to an office in a general
election and the number of votes received by any candidate in the
race shall be not more than one percent (1%) of the total votes
which were cast for that office, except in multi-seat races one
percent (1%) of the total votes cast for those two candidates, or
where there is a tie vote between those candidates, the county
board of elections shall, before issuing a certificate of
election, order a recount of the election if a candidate whose
votes fell within one percent (1%) of a successful candidate (or
in the case of a tie, either candidate) shall, by noon on the
second day (Saturdays and Sundays excepted) following the
canvass, request in writing such a recount.
(c) The recount shall be conducted under the supervision of
the county board of elections.
(d) This section applies to offices other than those covered
by G.S. 163-192.1; except that it does not apply to elections
conducted under Subchapter IX of this Chapter. (1987, c. 642, s.
1; 1989, c. 89, s. 1.)
§ 163-180. Chairman of county board of elections to furnish
certificate of election.
Not earlier than five days nor later than 10 days after
the results of an election have been officially determined and
published in accordance with G.S. 163-175 and G.S. 163-179, the
chairman of the county board of elections shall furnish to each
of the following persons appropriate certificates of election
under his hand and seal: County officers and persons elected to
membership in the General Assembly in representative and
senatorial districts composed of only one county. He shall also
immediately notify all persons elected to county offices to meet
at the courthouse on the first Monday in the ensuing December to
be qualified.
In issuing certificates of election under this section, the
chairman of the county board of elections shall be restricted by
the provisions of G.S. 163-181. (1933, c. 165, s. 8; 1947, c.
505, s. 4; 1955, c. 871, s. 5; 1959, c. 1203, s. 3; 1966, Ex.
Sess., c. 5, s. 5; 1967, c. 775, s. 1; 1977, c. 265, s. 15.)
§ 163-181. Appeal process when election is contested.
A copy of the final decision of the State Board of
Elections in a contested election shall be served on the parties
personally or by certified mail. A decision to order a new
election is considered a final decision for purposes of seeking
review of the decision. An aggrieved party has the right to
appeal the final decision within 10 days of the date of service.
After the decision by the State Board of Elections has been
served on the parties, the certification of nomination or
election or the results of the referendum shall issue unless an
appealing party obtains a stay of the certification from the
Superior Court of Wake County within 10 days after the date of
service.
Appeals from a decision of the State Board of Elections shall
be to the Superior Court of Wake County. The court shall not
issue a stay of certification of nomination or election or the
results of a referendum unless the petitioner shows the court
that the petitioner has appealed the decision of the State Board
of Elections, that the petitioner is an aggrieved party, that the
petitioner is likely to prevail, and that the results of the
election would be changed in the petitioner's favor. Mere
irregularities in the election which would not change the results
of the election shall not be sufficient for the court to issue a
stay of certification.
The chair of the county or municipal board of elections shall
not issue a certification of nomination or election or the
results of a referendum until 10 days after service of a final
decision in an election contest or until an election contest is
dismissed. No certification shall issue while an election contest
is pending before the county, municipal, or State board of
elections on appeal or otherwise. (1933, c. 165, s. 8; 1947, c.
505, s. 4; 1955, c. 871, s. 5; 1959, c. 1203, s. 3; 1966, Ex.
Sess., c. 5, s. 5; 1967, c. 775, s. 1; 1975, c. 844, s. 9; 1977,
c. 661, s. 4; 1983, c. 329; 1999-424, s. 2.)
Article 16.
Canvass of Returns for Higher Offices and Preparation of State
Abstracts.
§ 163-187. State Board of Elections to canvass returns for
higher offices.
In addition to the other powers and duties assigned it by
this Chapter, the State Board of Elections shall constitute the
State's legal canvassing board in both primaries and elections
for all national, State, and district offices (including the
offices of State Senator and member of the State House of
Representatives in those senatorial and representative districts
consisting of more than one county).
No member of the State Board of Elections shall take part in
canvassing the votes for any office for which he himself is a
candidate. (1933, c. 165, s. 9; 1966, Ex. Sess., c. 5, s. 6;
1967, c. 775, s. 1.)
§ 163-188. Meeting of State Board of Elections to canvass
returns of primary and election.
Following each primary and election held in this State
under the provisions of this Chapter, the State Board of
Elections shall meet at its offices in the City of Raleigh to
canvass the votes cast in all the counties of the State for all
national, State, and district offices, to determine by the count
who is nominated or elected to the respective offices, and to
declare the results and prepare abstracts as required by G.S. 163-
192. The time and date of the general election canvass shall be
11:00 A.M., on the Tuesday following the third Monday after the
general election. The time and date of the primary canvass shall
be fixed by the State Board of Elections.
At the meeting required by the preceding paragraph, if the
abstracts of returns have not been received from all of the
counties, the Board may adjourn for not more than 10 days for the
purpose of securing the missing abstracts. In obtaining them, the
Board is authorized to secure the originals or copies from the
appropriate clerks of superior court or county boards of
elections, at the expense of the counties. The State Board of
Elections is authorized to enforce the penalties provided in G.S.
163-177 and 163-178 for failure of a county elections board
chairman or clerk of superior court to comply with the provisions
of this Chapter in making returns of a primary or election.
At the meeting required by the first paragraph of this section
(or at any adjourned session thereof), the State Board of
Elections shall examine the county abstracts when they have all
been received and shall proceed with the canvass publicly. (1933,
c. 165, s. 9; 1967, c. 775, s. 1; 1975, c. 844, s. 10; 1977, c.
661, s. 5; 1981, c. 35, s. 2.)
§ 163-189. Meeting of State Board of Elections to canvass
returns of a special election for United States Senator
or Representative.
If a special election is ordered by the Governor to fill a
vacancy in the State's representation in the United States Senate
or House of Representatives as provided for in G.S. 163-12 or
G.S. 163- 13, the State Board of Elections may meet for the
purposes prescribed in G.S. 163-188 as soon as its chairman shall
have received abstracts of returns from all of the counties
entitled to vote in the special election. The chairman of the
State Board shall fix the day of the meeting not later than 10
days after the special election, and county boards of elections
shall transmit their abstracts of returns to the State Board in
sufficient time to be available for the State canvass. (1933, c.
165, s. 9; 1967, c. 775, s. 1.)
§ 163-190. State Board of Elections may refer to ballot boxes
to resolve doubts.
When, on account of errors in tabulating returns and
filling out abstracts, the result of a primary or election in any
precinct, county, district, or the State cannot be accurately
known, the State Board of Elections shall be allowed access to
the ballot boxes to make or order a recount and to declare the
results. (1915, c. 101, s. 27; 1917, c. 218; C.S., s. 6048; 1967,
c. 775, s. 1.)
§ 163-191. Contested primaries and elections; how tie broken.
In a primary for party nomination for one or more of the
offices to be canvassed by the State Board of Elections under the
provisions of G.S. 163-187, the results shall be determined in
accordance with the provisions of G.S. 163-111.
In a general election for one or more of the offices to be
canvassed by the State Board of Elections under the provisions of
G.S. 163-187, the persons having the highest number of votes for
each office, respectively, shall be declared duly elected to that
office by the State Board of Elections. But if two or more be
equal and highest in votes for the office, then the State Board
of Elections shall order a new election for the purpose of
breaking the tie except if there is a tie for superior court
judge the tie shall be broken in accordance with Article 25 of
this Chapter. (1901, c. 89, s. 44; Rev., s. 4363; 1915, c. 121,
s. 1; C.S., s. 5999; 1927, c. 260, s. 14; 1933, c. 165, s. 10;
1967, c. 775, s. 1; 1971, c. 219, ss. 1, 2; 1996, 2nd Ex. Sess.,
c. 9, s. 20.)
§ 163-192. State Board of Elections to prepare abstracts and
declare results of primaries and elections.
(a)After Primary. – At the conclusion of its canvass of
the primary election, the State Board of Elections shall prepare
separate abstracts of the votes cast:
(1) For Governor and all State officers, justices of the
Supreme Court, judges of the Court of Appeals, and
United States Senators.
(2) For members of the United States House of
Representatives for the several congressional
districts in the State.
(3) For district court judges for the several district
court districts in the State.
(3a) For superior court judges for the several superior
court districts in the State.
(4) For district attorney in the several prosecutorial
districts in the State.
(5) For State Senators in the several senatorial
districts in the State composed of more than one
county.
(6) For members of the State House of Representatives in
the several representative districts in the State
composed of more than one county.
Abstracts prepared by the State Board of Elections under this
subsection shall state the total number of votes cast for each
candidate of each political party for each of the various offices
canvassed by the State Board of Elections. They shall also state
the name or names of the person or persons whom the State Board
of Elections shall ascertain and judicially determine by the
count to be nominated for each office.
Abstracts prepared under this subsection shall be signed by
the members of the State Board of Elections in their official
capacity and shall have the great seal of the State affixed
thereto.
(b) After General Election. – At the conclusion of its canvass
of the general election, the State Board of Elections shall
prepare abstracts of the votes cast:
(1) For President and Vice-President of the United
States, when an election is held for those offices.
(2) For Governor and all State officers, justices of the
Supreme Court, judges of the Court of Appeals, and
United States Senators.
(3) For members of the United States House of
Representatives for the several congressional
districts in the State.
(4) For district court judges for the several district
court districts as defined in G.S. 7A-133 in the
State.
(4a) For superior court judges for the several superior
court districts in the State.
(5) For district attorney in the several prosecutorial
districts in the State.
(6) For State Senators in the several senatorial
districts in the State composed of more than one
county.
(7) For members of the State House of Representatives in
the several representative districts in the State
composed of more than one county.
(8) For and against any constitutional amendments or
propositions submitted to the people.
Abstracts prepared by the State Board of Elections under this
subsection shall state the names of all persons voted for, the
office for which each received votes, and the number of legal
ballots cast for each candidate for each office canvassed by the
State Board of Elections. They shall also state the name or
names of the person or persons whom the State Board of Elections
shall ascertain and judicially determine by the count to be
elected to each office.
Abstracts prepared under this subsection shall be signed by
the members of the State Board of Elections in their official
capacity and shall have the great seal of the State affixed
thereto.
(c) Disposition of Abstracts of Returns. – The State Board of
Elections shall file with the Secretary of State the original
abstracts of returns prepared by it under the provisions of
subsections (a) and (b) of this section, and also the duplicate
county abstracts transmitted to the State Board of Elections
under the provisions of G.S. 163-177. Upon the request of the
Legislative Services Office, the Secretary of State shall submit
a copy of the original abstracts to that Office. (1933, c. 165,
s. 9; 1966, Ex. Sess., c. 5, s. 7; 1967, c. 775, s. 1; 1969, c.
44, s. 87; 1987, c. 491, ss. 2, 3; 1987 (Reg. Sess., 1988), c.
1037, s. 126; 1991 (Reg. Sess., 1992), c. 927, s. 2; 1993, c.
553, s. 65; 1996, 2nd Ex. Sess., c. 9, s. 6.)
§ 163-192.1. Mandatory recounts.
(a)Whenever, according to the canvass made under this
Article, the difference between the number of votes received by a
candidate who:
(1) Has received the number of votes necessary to be
declared nominated for an office in a primary
election with a majority; or
(2) Received the number of votes necessary to be
declared nominated for an office in a second primary
election
and the number of votes received by any candidate in the race is
not more than one percent (1%) of the total votes which were cast
for that office, except in multi-seat races one percent (1%) of
the total votes cast for those two candidates, the State Board of
Elections shall, before declaring the person nominated, order a
recount of the primary if a candidate whose votes, according to a
tally of the canvasses made under Article 15 of this Chapter,
fell within one percent (1%) of a successful candidate shall, by
noon on the eighth day (Saturdays and Sundays included) following
the election, request in writing such a recount. Provided,
however, that in a statewide contest, no candidate shall be
entitled to an automatic recount under this section unless the
difference is at least one-half of one percent (0.5%) of the
votes cast, or 10,000 votes, whichever is less. Provided further
that if the canvass made under this Article determines that a
candidate who was not originally thought to be within the
percentage entitling him to a recount based on the tally of
canvasses made under Article 15 of this Chapter is in fact within
the percentage entitling him to a recount, the Executive
Secretary-Director of the State Board of Elections shall
immediately notify the candidate and the candidate shall be
entitled to a recount if he so requests within 48 hours of
notification.
(b) Whenever, according to the canvass made under this
Article, the difference between the number of votes received by a
candidate who has been declared elected to an office in a general
election and the number of votes received by any other candidate
in the race shall be not more than one percent (1%) of the total
votes which were cast for that office, except in multi-seat races
one percent (1%) of the total votes cast for those two
candidates, or where there is a tie vote between those
candidates, the State Board of Elections shall, before certifying
the result to the Secretary of State under G.S. 163-193, order a
recount of the election if a candidate whose votes, according to
a tally of the canvasses made under Article 15 of this Chapter,
fell within one percent (1%) of a successful candidate (or in the
case of a tie, either candidate) shall, by noon on the eighth day
(Saturdays and Sundays included) following the election, request
in writing such a recount. Provided, however, that in a
statewide contest, no candidate shall be entitled to an automatic
recount under this section unless the difference is at least one-
half of one percent (0.5%) of the votes cast, or 10,000 votes,
whichever is less. Provided further that if the canvass made
under this Article determines that a candidate who was not
originally thought to be within the percentage entitling him to a
recount based on the tally of canvasses made under Article 15 of
this Chapter is in fact within the percentage entitling him to a
recount, the Executive Secretary-Director of the State Board of
Elections shall immediately notify the candidate and the
candidate shall be entitled to a recount if he so requests within
48 hours of notification.
(c) The recount shall be conducted under the supervision of
the State Board of Elections.
(d) This section applies to the offices listed in G.S. 163-
192. (1987, c. 642, s. 2; 1989, c. 89, s. 2.)
§ 163-193. Results of election certified to Secretary of
State; certificates of election.
After ascertaining and declaring the result of an election
as provided in G.S. 163-192(b), the State Board of Elections
shall certify the result to the Secretary of State. The Secretary
of State shall then prepare and sign a certificate of election
for each person elected and deliver it to him upon demand. (1933,
c. 165, s. 9; 1967, c. 775, s. 1.)
§ 163-194. Governor to issue commissions to certain elected
officials.
Every person duly elected to one of the offices listed
below, upon obtaining a certificate of his election from the
Secretary of State under the provisions of G.S. 163-193, shall
procure from the Governor a commission attesting his election to
the specified office, which the Governor shall issue upon
production of the Secretary of State's certificate:
Members of the United States House of Representatives,
Justices, Judges, and District Attorneys of the General Court
of Justice. (1901, c. 89, ss. 61, 69; Rev., ss. 4370, 4377; C.S.,
ss. 6008, 6015; 1967, c. 775, s. 1; 1969, c. 44, s. 88; 1973, c.
47, s. 2.)
§ 163-195. Secretary of State to record abstracts and general
election results.
(a)The Secretary of State shall record the State,
district, and county abstracts filed with him by the State Board
of Elections in a book to be kept by him for that purpose.
(b) Within seven days after the county board of elections
meets to canvass the returns for the general election, the
chairman of that board shall mail, or otherwise deliver, to the
Secretary of State results of elections for:
President and Vice President of the United States
Governor, Lieutenant Governor, and all other State
executive officers
United States Senators
Members of the House of Representatives of the United
States Congress
Justices, Judges, and District Attorneys of the General
Court of Justice
State Senators
Members of the State House of Representatives
Constitutional amendments and propositions submitted to
the voters of the State.
The chairman shall deliver the results in a format prescribed
by the Secretary of State. The chairman shall use the same format
to amend the results to reflect any recounts or changes in the
data that he learns of later after the initial results are sent
in. In prescribing the format for any county, the Secretary of
State shall, to the extent practicable, work within the limits of
that county's existing reporting system.
The Secretary of State shall compile the results he receives
in a document and deliver copies to the State Senate and the
State House of Representatives within 90 days after the general
election. The Secretary of State shall amend the document to
correct any inaccuracies that later counts reveal in the data,
and shall provide the House and Senate with the corrected data.
(1933, c. 165, s. 9; 1967, c. 775, s. 1; 1991, c. 428, s. 1; 1991
(Reg. Sess., 1992), c. 927, s. 4.)
Article 17.
Members of the United States House of Representatives.
§ 163-201. Congressional districts specified.
(a)For the purpose of nominating and electing members of
the House of Representatives of the Congress of the United States
in 1998 and every two years thereafter, the State of North
Carolina shall be divided into 12 districts as follows:
District 1: Beaufort County: Chocowinity township, Richland
township, Washington township: the remainder not in District 3;
Bertie County, Craven County: Epworth *, Cove City *, Dover *,
Fort Barnwell *, First Ward *, Second Ward *, Third Ward *,
Fourth Ward *, Fifth Ward *, Clarks *, Country Club *, Rhems *:
the remainder not in District 3; Jasper *; Edgecombe County,
Gates County, Granville County: Antioch *, Corinth *, Oak Hill *,
Credle *, East Oxford *, South Oxford *, West Oxford Elementary
*, Salem *, Sassafras Fork *, Walnut Grove *; Greene County,
Halifax County, Hertford County, Jones County: Beaver Creek *,
Chinquapin *, Cypress Creek *, Pollocksville *, Trenton *, White
Oak *; Lenoir County: Contentnea *, Institute *, Kinston #1 *,
Kinston #2 *, Kinston #6 *, Kinston #7 *, Kinston #8 *, Kinston
#9 *, Moseley Hall *, Sandhill *, Vance *; Martin County,
Northampton County, Person County: Allensville, Cunningham-Chub
Lake, Holloway, Roxboro City # 4, Woodsdale, Roxboro City # 1,
Roxboro City # 1A, Roxboro City # 2, Roxboro City # 3; Pitt
County: Ayden East *, Belvoir *, Bethel *, Carolina *, Falkland
*, Fountain *, Grifton *, Grimesland *, Pactolus *, Greenville #1
*, Greenville #2, Greenville #3 *, Greenville #4 *, Greenville #5
*, Greenville #6 *, Greenville #13 *, Greenville #2
Noncontiguous; Vance County, Warren County, Washington County:
Lees Mill *, Plymouth #1 *, Plymouth #2 *, Plymouth #3 *; Wayne
County: Goldsboro #1 *, Goldsboro #2 *, Goldsboro #3 *, Goldsboro
#5 *, Eureka *, Fremont *, Saulston *, Pinewood *; Wilson County:
Black Creek *, Gardners *, Saratoga *, Stantonsburg *, Toisnot *,
Wilson A *, Wilson B *, Wilson C *, Wilson E *, Wilson F *,
Wilson G *, Wilson H *, Wilson I *, Wilson M *, Wilson N *,
Wilson Q *.
District 2: Franklin County, Granville County: Brassfield *,
Butner *, Creedmoor *, Tally Ho *; Harnett County, Johnston
County, Lee County, Nash County, Sampson County: Kitty Fork *,
Keener *, Herring *, Newton Grove *, Northeast Clinton *, Central
Clinton *, East Clinton *, West Clinton *, Giddensville *, Turkey
*, Westbrook *; Wake County: Raleigh 01-01 *, Raleigh 01-02 *,
Raleigh 01-03 *, Raleigh 01-05 *, Raleigh 01-06 *, Raleigh 01-07
*, Raleigh 01-09 *, Raleigh 01-10 *, Raleigh 01-12 *, Raleigh 01-
13 *, Raleigh 01-14 *, Raleigh 01-18 *, Raleigh 01-19 *, Raleigh
01-20 *, Raleigh 01-21 *, Raleigh 01-22 *, Raleigh 01-23 *,
Raleigh 01-26 *, Raleigh 01-27 *, Raleigh 01-28 *, Raleigh 01-31
*, Raleigh 01-34 *, Raleigh 01-35 *, Raleigh 01-38 *, Raleigh 01-
40 *, Raleigh 01-46 *, Bartons Creek #2 *, Little River #1 *,
Little River #2 *, Marks Creek #1 *, Marks Creek #2 *, Raleigh 01-
27 Part, Neuse #1 *, Neuse #2 *, New Light #1 *, New Light #2 *,
St. Marys #1 *, St. Marys #2 *, St. Matthews #1 *, St. Matthews
#2 *, St. Matthews #3 *, St. Matthews #4 *, Wake Forest #1 *,
Wake Forest #2 *; Wilson County: Cross Roads *, Old Fields *,
Spring Hill *, Taylors *, Wilson D *, Wilson J *, Wilson K *,
Wilson L *, Wilson P *.
District 3: Beaufort County: Bath township, Long Acre
township, Pantego township, Washington township: Tract 9905:
Block Group 5: Block 522A, Block 528A; Camden County, Carteret
County: Carteret County; Chowan County, Craven County: Ernul *,
Vanceboro *, Bridgeton *, Truitt *, Harlowe *, Croatan *,
Havelock *, Grantham *, Sixth Ward *, Rhems *: Tract 9604: Block
Group 7: Block 701, Block 702, Block 704; River Bend *, Trent
Woods *, Woodrow *; Currituck County; Dare County; Hyde County;
Jones County: Tuckahoe *; Lenoir County: Falling Creek *, Kinston
#3 *, Kinston #4 *, Kinston #5 *, Neuse *, Pink Hill #1 *, Pink
Hill #2 *, Southwest *, Trent #1 *, Trent #2 *, Woodlington *;
Onslow County, Pamlico County; Pasquotank County, Perquimans
County, Pitt County: Arthur *, Ayden West *, Chicod *, Farmville
West *, Farmville East *, Simpson *, Swift Creek *, Winterville
West *, Winterville East *, Greenville #7 *, Greenville #8 *,
Greenville #9 *, Greenville #10 *, Greenville #11 *, Greenville
#12 *; Tyrrell County, Washington County: Scuppernong *,
Skinnersville *; Wayne County: Brogden *, Mt. Olive *, Buck Swamp
*, Fork *, Grantham *, Great Swamp *, Goldsboro #4 *, Indian
Springs *, White Hall *, New Hope *, Pikeville *, Stoney Creek *.
District 4: Chatham County: Albright *, Bynum *, East Mann's
Chapel *, West Mann's Chapel *, Bennett *, Bonlee *, Harpers
Crossroads *, Cape Fear *, East Pittsboro *, West Pittsboro *,
Goldston *, Hadley *, Haw River *, Hickory Mountain *, New Hope
*, Oakland *, East Williams *, West Williams *; Durham County,
Orange County, Person County: Bushy Fork, Flat River, Mt. Tirzah,
Olive Hill, Hurdle Mills; Wake County: Raleigh 01-04 *, Raleigh
01-11 *, Raleigh 01-15 *, Raleigh 01-16 *, Raleigh 01-17 *,
Raleigh 01-29 *, Raleigh 01-30 *, Raleigh 01-32 *, Raleigh 01-33
*, Raleigh 01-36 *, Raleigh 01-37 *, Raleigh 01-39 *, Raleigh 01-
41 *, Raleigh 01-42 *, Raleigh 01-43 *, Raleigh 01-44 *, Raleigh
01-45 *, Bartons Creek #1 *, Buckhorn *, Cary #1 *, Cary #2 *,
Cary #3 *, Cary #4 *, Cary #5 *, Cary #6 *, Cary #7 *, Cary #8 *,
Cary #9 *, Cary #10 *, Cedar Fork *, Holly Springs *, House Creek
#1 *, House Creek #2 *, House Creek #3 *, House Creek #4 *, House
Creek #5 *, House Creek #6 *, Leesville #1 *, Leesville #2 *,
Leesville #3 *, Meredith *, Middle Creek #1 *, Middle Creek #2 *,
Panther Branch *, St. Marys #3 *, St. Marys #4 *, St. Marys #5 *,
St. Marys #6 *, St. Marys # 7, Swift Creek #1 *, Swift Creek #2
*, Swift Creek #3 *, Swift Creek #4 *, White Oak #1 *, White Oak
#2 *.
District 5: Alamance County, Caswell County, Davie County:
Davie County; Forsyth County: Abbotts Creek #1 *, Abbotts Creek
#2 *, Abbotts Creek #3 *, Belews Creek *, Bethania #1 *, Bethania
#2 *, Bethania #3 *, Clemmonsville #1 *, Clemmonsville #2 *,
Clemmonsville #3 *, Kernersville #1 *, Kernersville #2 *,
Kernersville #3 *, Kernersville #4 *, Lewisville #1 *, Lewisville
#2 *, Lewisville #3 *, Old Richmond *, Old Town #2 *, Old Town #3
*, Salem Chapel #1 *, Salem Chapel #2 *, South Fork #2 *, South
Fork #3 *, Vienna #1 *, Vienna #2 *, Vienna #3 *, Ardmore Baptist
Church *, Bethabara Moravian Church *, Bible Wesleyan Church *,
Bishop McGuinness *, Bolton Swimming Center *, Brown/Douglas
Recreation *, Brunson Elementary School *, Calvary Baptist Church
*, Christ Moravian Church *, Country Club Fire St. *, First
Christian Church *, Forsyth Tech W. Camp. *, Greek Orthodox
Church *, Hanes Community Center *, Jefferson Elementary School
*, Latham Elementary School *, Messiah Moravian Church *, Miller
Park Recreation Center *, Mt. Tabor High School *, New Hope
United Methodist Church *, Old Town Presbyterian Church *,
Parkland High School *, Parkway United Church *, Polo Park
Recreation Center *, Reynolds High School Gym *, Sherwood Forest
Elementary School *, South Fork Elem School *, St. Anne's
Episcopal Church *, Summit School *, Trinity United Methodist
Church *, Whitaker Elementary School *; Guilford County: Bruce *,
North Center Grove *, South Center Grove *, North Madison *,
South Madison *, North Monroe *, South Monroe *, Oak Ridge *,
Stokesdale *, North Washington *, South Washington *; Rockingham
County, Stokes County: Stokes County; Surry County: Dobson 1 *,
Dobson 2 *, Dobson 3 *, Eldora *, Franklin *, Long Hill *, Mount
Airy 1 *, Mount Airy 2 *, Mount Airy 4 *, Mount Airy 5 *, Mount
Airy 6 *, Mount Airy 7 *, Mount Airy 8 *, Mount Airy 9 *, Pilot 1
*, Pilot 2 *, Rockford *, Shoals *, Siloam *, Stewarts Creek 1 *,
Stewarts Creek 2 *, North Westfield *, South Westfield *.
District 6: Chatham County: North Siler City *, South Siler
City *; Davidson County: Abbotts Creek *, Alleghany *, Central *,
Holly Grove *, Liberty *, Denton *, Emmons *, Silver Valley *,
Healing Springs *, Jackson Hill *, Silver Hill *, Thomasville No.
1 *, Thomasville No. 2 *, Thomasville No. 3 *, Thomasville No. 4
*, Thomasville No. 5 *, Thomasville No. 7 *, Thomasville No. 8 *,
Thomasville No. 9 *, Thomasville No. 10 *; Guilford County: GB-01
*, GB-02 *, GB-03 *, GB-04 *, GB-05 *, GB-06 *, GB-07 *, GB-08 *,
GB-09 *, GB-10 *, GB-11 *, GB-12 *, GB-13 *, GB-14 *, GB-15 *, GB-
16 *, GB-17 *, GB-18 *, GB-19 *, GB-20 *, GB-21 *, GB-22 *, GB-23
*, GB-24A *, GB-25 *, GB-26A *, GB-27A *, GB-28 *, GB-29 *, GB-30
*, GB-31 *, GB-32 *, GB-33 *, GB-34A *, GB-35A *, GB-36 *, GB-37A
*, GB-38 *, GB-39 *, GB-40A *, GB-41A *, GB-42 *, GB-43 *, GB-44
*, GB-45 *, HP-01 *, HP-02 *, HP-03 *, HP-04 *, HP-05 *, HP-06 *,
HP-07 *, HP-08 *, HP-09 *, HP-10 *, HP-11 *, HP-12 *, HP-13 *, HP-
14 *, HP-15 *, HP-16 *, HP-17 *, HP-18 *, HP-19 *, HP-20 *, HP-21
*, HP-22 *, HP-23 *, HP-24 *, Clay *, Deep River *, Fentress-1 *,
Fentress-2 *, Friendship-1 *, Friendship-2 *, Gibsonville *,
Whitsett *, Greene *, Jamestown-1 *, Jamestown-2 *, Jamestown-3
*, North Jefferson *, South Jefferson *, North Sumner *, South
Sumner *, GB-24B *, GB-26B *, GB-27B *, GB-34B *, GB-35B *, GB-
37B *, GB-40B *, GB-41B *, GIB-G *, GB-24C *, GB-27C *, GB-35C *;
Moore County; Randolph County.
District 7: Bladen County; Brunswick County; Columbus County;
Cumberland County: Beaver Dam *, Black River *, Linden *, Long
Hill *, Cedar Creek *, Judson *, Stedman *, Cross Creek #1 *,
Cross Creek #3 *, Cross Creek #4 *, Cross Creek #7 *, Cross Creek
#8 *, Cross Creek #10 *, Cross Creek #11 *, Cross Creek #12 *,
Cross Creek #14 *, Cross Creek #15 *, Cross Creek #18 *, Cross
Creek #20 *, Cross Creek #22 *, Cross Creek #23 *, Cross Creek
#24 *, Cross Creek #2 *, Eastover *, Vander *, Wade *, Alderman
*, Sherwood *, Pearces Mill #2 *, Pearces Mill #3 *, Pearces Mill
#4 *, Cumberland #1 *, Cumberland #2 *, Hope Mills #1 *, Hope
Mills #2 *, Montclair *, Seventy First #2 *, Seventy First #3 *;
Duplin County, New Hanover County, Pender County, Robeson County:
Alfordsville *, Back Swamp *, Britts *, Burnt Swamp *, Fairmont
#1 *, Fairmont #2 *, Gaddys *, East Howellsville *, West
Howellsville *, Lumberton #1 *, Lumberton #2 *, Lumberton #3 *,
Lumberton #4 *, Lumberton #5 *, Lumberton #6 *, Lumberton #7 *,
Lumberton #8 *, Orrum *, North Pembroke *, South Pembroke *,
Philadelphus *, Raft Swamp *, Rowland *, Saddletree *, Smiths *,
Smyrna *, Sterlings *, Thompson *, Union *, Whitehouse *, Wishart
*; Sampson County: Clement *, Harrells *, Salemburg *, Ingold *,
Autryville *, Roseboro *, Mingo *, Plainview *, Southwest Clinton
*, Rowan *, Garland *, Lakewood *.
District 8: Anson County, Cabarrus County, Cumberland County:
Westarea *, Cross Creek #5 *, Cross Creek #6 *, Cross Creek #9 *,
Cross Creek #13 *, Cross Creek #16 *, Cross Creek #17 *, Cross
Creek #19 *, Cross Creek #21, Manchester *, Spring Lake *, Beaver
Lake *, Brentwood *, Cottonade *, Morganton Road #1 *, Morganton
Road #2 *, Seventy First #1 *; Hoke County, Montgomery County;
Richmond County, Robeson County: Lumber Bridge *, Maxton *,
Parkton *, Red Springs #1 *, Red Springs #2 *, Rennert *, Shannon
*, North St. Pauls *, South St. Pauls *; Scotland County, Stanly
County; Union County.
District 9: Cleveland County, Gaston County, Lincoln County,
Mecklenburg County: Charlotte Pct. 1 *, Charlotte Pct. 4,
Charlotte Pct. 8 *, Charlotte Pct. 18 *, Charlotte Pct. 19 *,
Charlotte Pct. 20 *, Charlotte Pct. 32 *, Charlotte Pct. 36 *,
Charlotte Pct. 47 *, Charlotte Pct. 48 *, Charlotte Pct. 49 *,
Charlotte Pct. 50 *, Charlotte Pct. 57 *, Charlotte Pct. 58 *,
Charlotte Pct. 59 *, Charlotte Pct. 62 *, Charlotte Pct. 64 *,
Charlotte Pct. 65 *, Charlotte Pct. 66 *, Charlotte Pct. 67 *,
Charlotte Pct. 68 *, Charlotte Pct. 69 *, Charlotte Pct. 70 *,
Charlotte Pct. 71 *, Charlotte Pct. 72 *, Charlotte Pct. 73 *,
Charlotte Pct. 74 *, Charlotte Pct. 75 *, Charlotte Pct. 76 *,
Charlotte Pct. 77 *: Tract 0058.06: Block Group 1: Block 113;
Tract 0059.03: Block Group 3: Block 340A, Block 340B, Block 341A,
Block 341B, Block 342, Block 344A, Block 344B, Block 345, Block
346, Block 347, Block 348, Block 349, Block 350, Block 351, Block
352, Block 353, Block 354, Block 355, Block 356, Block 357, Block
361; Charlotte Pct. 79 *, Charlotte Pct. 80 *, Charlotte Pct. 83
*, Charlotte Pct. 85 *, Charlotte Pct. 86 *, Charlotte Pct. 87 *,
Charlotte Pct. 88 *, Charlotte Pct. 89 *, Charlotte Pct. 90 *,
Charlotte Pct. 91, Charlotte Pct. 92 *, Charlotte Pct. 93 *,
Charlotte Pct. 94 *, Charlotte Pct. 95 *, Charlotte Pct. 96 *,
BER *, CCK *, CO1 *, LEM *, LC1 – North, MA1 *, MA2 *, MA3 *, MA4
*, Charlotte Pct. 102, MH1 *, MH2 *, MH3 *, OAK, PC1 *, PC2 *,
PVL *, PR1, PR2, PR3, Charlotte Pct. 93 Part, SC1, SC2, Charlotte
Pct. 100 *.
District 10: Alexander County; Alleghany County; Ashe County;
Avery County; Burke County, Caldwell County, Catawba County,
Iredell County: Bethany *, Concord *, Davidson *, Eagle Mills *,
Fallstown *, New Hope *, Olin *, Sharpesburg *, Shiloh *,
Statesville #1 *, Statesville #2 *, Statesville #3 *, Statesville
#4 *, Statesville #5 *, Statesville #6 *, Turnersburg *, Union
Grove *; Mitchell County, Surry County: Bryan *, Elkin 1 *, Elkin
2 *, Elkin 3 *, Marsh *; Watauga County; Wilkes County, Yadkin
County.
District 11: Buncombe County, Cherokee County; Clay County;
Graham County; Haywood County; Henderson County, Jackson County;
McDowell County; Macon County; Madison County; Polk County;
Rutherford County; Swain County; Transylvania County; Yancey
County.
District 12: Davidson County: Arcadia *, Boone *, Cotton *,
Southmont *, Hampton *, Lexington No. 1 *, Lexington No. 2 *,
Lexington No. 3 *, Lexington No. 4 *, Ward No. 1 *, Ward No. 2 *,
Ward No. 3 *, Ward No. 4 *, Ward No. 5 *, Ward No. 6 *, Welcome
*, Midway *, Reeds *, Tyro *, Reedy Creek *, Yadkin College *;
Forsyth County: Broadbay #1 *, Broadbay #2 *, Middlefork #2 *,
Middlefork #3 *, Ashley Middle School *, Carver High School *,
Covenant Presbyterian Church *, East Winston Library *, Easton
Elementary School *, Forest Hill Fire Station *, Forest Pk.
Elementary School *, 14th Street Recreation Center *, Happy Hill
Recreation Center *, Hill Middle School *, Kennedy Middle School
*, Lowrance Middle School *, M. L. King Recreation Center *,
Memorial Coliseum *, Mineral Springs F. St *, Mt. Sinai Church *,
Philo Middle School *, St. Andrews United Methodist *, Trinity
Moravian Church *, Winston Lake Family YMCA *; Iredell County:
Barringer *, Chambersburg *, Coddle Creek #1 *, Coddle Creek #2
*, Coddle Creek #3 *, Coddle Creek #4 *, Cool Springs *;
Mecklenburg County: Charlotte Pct. 2 *, Charlotte Pct. 3,
Charlotte Pct. 5 *, Charlotte Pct. 6 *, Charlotte Pct. 7 *,
Charlotte Pct. 9 *, Charlotte Pct. 10 *, Charlotte Pct. 11 *,
Charlotte Pct. 12 *, Charlotte Pct. 13 *, Charlotte Pct. 14 *,
Charlotte Pct. 15 *, Charlotte Pct. 16 *, Charlotte Pct. 17 *,
Charlotte Pct. 21 *, Charlotte Pct. 22 *, Charlotte Pct. 23 *,
Charlotte Pct. 24 *, Charlotte Pct. 25 *, Charlotte Pct. 26 *,
Charlotte Pct. 27 *, Charlotte Pct. 28 *, Charlotte Pct. 29 *,
Charlotte Pct. 30 *, Charlotte Pct. 31 *, Charlotte Pct. 33 *,
Charlotte Pct. 34 *, Charlotte Pct. 35 *, Charlotte Pct. 37 *,
Charlotte Pct. 38 *, Charlotte Pct. 39 *, Charlotte Pct. 40 *,
Charlotte Pct. 41 *, Charlotte Pct. 42 *, Charlotte Pct. 43 *,
Charlotte Pct. 44 *, Charlotte Pct. 45 *, Charlotte Pct. 46 *,
Charlotte Pct. 51 *, Charlotte Pct. 52 *, Charlotte Pct. 53 *,
Charlotte Pct. 54 *, Charlotte Pct. 55 *, Charlotte Pct. 56 *,
Charlotte Pct. 60, Charlotte Pct. 61 *, Charlotte Pct. 63 *,
Charlotte Pct. 77 *: Tract 0038.04: Block Group 2; Tract 0058.06:
Block Group 1: Block 101, Block 102, Block 103, Block 104, Block
105, Block 106A, Block 107, Block 108A, Block 109, Block 110,
Block 111A, Block 124A, Block 125, Block 126, Block 127, Block
128A, Block 128B, Block 129, Block 130; Tract 0059.03: Block
Group 3: Block 301, Block 302, Block 303, Block 304, Block 343,
Block 386, Block 387; Charlotte Pct. 78 *, Charlotte Pct. 81 *,
Charlotte Pct. 82 *, Charlotte Pct. 84 *, Charlotte Pct. 97 *,
Charlotte Pct. 98 *, COR *, CO2 *, DAV *, HUN *, LC2, LC1 –
South, MC1, MC2, Charlotte Pct. 16 Part, MC1 part, XMC2
Noncontiguous, Charlotte Pct. 104, Charlotte Pct. 105; Rowan
County.
(b) The names and boundaries of townships, precincts (voting
tabulation districts), tracts, block groups, and blocks,
specified in this section are as they were legally defined and
recognized in the 1990 U.S. Census, except as provided in
subsection (c) of this section. Boundaries are as shown on the
IVTD Version of the United States Bureau of the Census 1990 TIGER
Files, with such modifications as made by the Legislative
Services Office and shown on its computer database as of May 1,
1991, to reflect census blocks divided by prior district
boundaries, and precincts added or modified as outlined in
subsection (c) of this section.
(c) (1) For Guilford County, precinct boundaries for
High Point Precincts 20, 23, and 24 are as modified
by the Guilford County Board of Elections and shown
on the Legislative Services Office computer database
as of May 1, 1991.
(2) For Mecklenburg County, precinct boundaries are as
altered by the Mecklenburg County Board of Elections
as reported to the Legislative Services Office and
shown on the Legislative Services Office computer
database as of May 1, 1991.
(3) For Wake County:
a. St. Marys Precinct #7 is as created by the
Wake County Board of Elections out of St. Marys
Precinct #4;
b. Raleigh 01-27 Part is an area reported by the
Bureau of the Census as part of Raleigh 01-23
but has been put by the Wake County Board of
Elections in Raleigh 01-27; and
c. VTD ZZZZ has been assigned to the appropriate
parts of Wake Forest #1 and Wake Forest #2,
all as shown on the Legislative Services Office
computer database as of May 1, 1991.
(4) For Anson, Bertie, Camden, Caswell, Franklin, Gates,
Greene, Hertford, Hoke, Lee, Lincoln, Martin,
Mitchell, Northampton, Pasquotank, Perquimans,
Person, Tyrrell, Vance, Warren, and Yadkin Counties,
precincts are as shown on maps on file with the
Legislative Services Office as of May 1, 1991,
except that:
a. In Anson County, Lanesboro #1 and Lanesboro #2
are listed together as Lanesboro #1 and #2;
b. In Vance County, where West Henderson II is not
contiguous, the northerly part is listed as
West Henderson IIA and the southerly part as
West Henderson IIB;
c. In Perquimans County, computer VTD Code 0005
(Tract 9801, Block 550A) is actually part of
Belvidere Precinct and is districted with it
notwithstanding any description above;
d. In Greene County, Snow Hill Town Satellite is
Tract 9503, Block 301A which is a part of Snow
Hill Town Precinct entirely surrounded by Sugg
Precinct and is districted with Sugg Precinct
notwithstanding any description above;
e. In Greene County, Snow Hill Town Sat B is Tract
9503, Block 224B which is a part of Snow Hill
Town Precinct entirely surrounded by Snow Hill
Rural Precinct and is districted with Snow Hill
Rural Precinct notwithstanding any description
above;
f. In Mecklenburg County, Precinct XMC2
Noncontiguous is Tract 55.01, Block 303C, and
is districted with Precinct MC1 notwithstanding
any description above;
g. In Martin County, any listing of VTDs not
defined consists of Tract 9705, Block 413
(which is in Poplar Point Precinct), Tract
9704, Block 202 (which is in Goose Nest
Precinct), and Tract 9706, Block 168A (which is
in Robersonville #2 Precinct), and those blocks
are districted with those respective precincts
regardless of any listing above;
h. In New Hanover County, Tract 123.98, Blocks
307B, 308A, 309, 310A, 311A, and 312A, listed
by the Census Bureau as part of VTD ZZZZ, are
districted by this section as part of
Wilmington #2.
(5) If any precinct or township boundaries are changed,
such changes shall not change the boundaries of the
Congressional Districts, which shall remain the
same.
(6) In the case where any individual blocks are listed
above, the district allocation of unlisted water
blocks shall be as found on maps and statistical
reports of the districts on file with the Secretary
of State.
(c1)In this section:
(1) Wake County Tract 0510, Block 301 is shown on the
computer database as part of Raleigh 01-23 * when it
is in fact correctly shown on the Board of Elections
map as part of Raleigh 01-27;
(2) Vance County Tract 9606 Blocks 248 and 227A are
shown on the computer database as part of Hilltop,
when they are in fact correctly shown on the Board
of Elections map as part of North Henderson II and
East Henderson I, respectively;
(3) Lincoln County Tract 0706.98 Block 307 is shown on
the computer database as part of North Brook I/II
when it is in fact correctly shown on the Board of
Elections map as part of North Brook III;
(4) Mecklenburg County Tract 0044 Block 906F is shown on
the computer database as part of OAK when it is in
fact correctly shown on the Board of Elections map
as part of Charlotte Pct. 16;
(5) Granville County Tract 9703, Block 330B is
districted with Corinth * Precinct notwithstanding
any description above.
(c2)If any precinct or township is listed in a district in
this section, with a comma after the name of the precinct or
township, followed by a listing of census geography within that
precinct, and other parts of that precinct or township are not
listed in another district, that precinct or township is in fact
whole within the district with which it is listed.
(d) If this section does not specifically assign any area
within North Carolina to a district, and the area is:
(1) Entirely surrounded by a single district, the area
shall be deemed to have been assigned to that
district;
(2) Contiguous to two or more districts, the area shall
be deemed to have been assigned to that district
which contains the least population according to the
1990 United States Census; or
(3) Contiguous to only one district and to another state
or the Atlantic Ocean, the area shall be deemed to
have been assigned to that district. (Rev., s. 4366;
1911, c. 97; C.S., s. 6004; 1931, c. 216; 1941, c.
3; 1961, c. 864; 1966, Ex. Sess., c. 7, s. 1; 1967,
c. 775, s. 1; c. 1109; 1971, c. 257; 1981, c. 894;
1982, Ex. Sess., c. 7; 1991, c. 601, s. 1; c. 761,
s. 33(a), (b); 1991, Ex. Sess., c. 7, s. 1; 1993, c.
553, s. 66; 1997-11, ss. 1, 2; 1997-456, s. 27; 1997-
456, s. 52; 1998-2, ss. 1, 1.1.)
§ 163-201.1. Severability of congressional apportionment
acts.
If any provision of any act of the General Assembly that
apportions congressional districts is held invalid by any court
of competent jurisdiction, the invalidity shall not affect other
provisions that can be given effect without the invalid
provision; and to this end the provisions of any said act are
severable. (1981, c. 771, s. 2.)
§ 163-201.2. Dividing precincts in congressional
apportionment acts restricted.
(a)An act of the General Assembly that apportions
congressional districts after the return of a census may not
divide precincts unless an act that apportioned congressional
districts after the return of that same census has been rejected
by the United States Department of Justice or the District Court
for the District of Columbia under section 5 of the Voting Rights
Act of 1965.
(b) If an act that apportioned congressional districts has
been rejected by the United States Department of Justice or the
District Court for the District of Columbia under section 5 of
the Voting Rights Act of 1965, then a subsequent act may only
divide the minimum number of precincts necessary to obtain
approval of the act under section 5 of the Voting Rights Act of
1965.
(c) This section does not prevent the General Assembly from
taking any action to comply with federal law or the Constitution
of the United States. (1995, c. 355, s. 2.)
§ 163-202. Election after reapportionment of members of House
of Representatives.
Whenever, by a new apportionment of members of the United
States House of Representatives, the number of Representatives
from North Carolina shall be changed, and neither the Congress
nor the General Assembly shall provide for electing them, the
following procedures shall apply:
(1) If the number of Representatives is increased, the
Representative from each of the existing
congressional districts shall be elected by the
qualified voters of his district, and the additional
Representatives apportioned to North Carolina shall
be elected on a single ballot by the qualified
voters of the whole State.
(2) If the number of Representatives is decreased,
existing congressional district lines shall be
ignored, and all Representatives apportioned to
North Carolina shall be elected on a single ballot
by the qualified voters of the whole State. (1901,
c. 89, s. 58; Rev., s. 4368; C.S., s. 6006; 1967, c.
775, s. 1.)
§§ 163-203 through 163-207. Reserved for future codification
purposes.
Article 18.
Presidential Electors.
§ 163-208. Conduct of presidential election.
Unless otherwise provided, the election of presidential
electors shall be conducted and the returns made in the manner
prescribed by this Chapter for the election of State officers.
(1901, c. 89, s. 79; Rev., s. 4371; C.S., s. 6009; 1933, c. 165,
s. 11; 1967, c. 775, s. 1.)
§ 163-209. Names of presidential electors not printed on
ballots.
The names of candidates for electors of President and Vice-
President nominated by any political party recognized in this
State under G.S. 163-96, or nominated under G.S. 163-1(c) by a
candidate for President of the United States who has qualified to
have his name printed on the general election ballot as an
unaffiliated candidate under G.S. 163-122, shall be filed with
the Secretary of State but shall not be printed on the ballot. In
the case of the unaffiliated candidate, the names of candidates
for electors must be filed with the Secretary of State no later
than 12:00 noon on the first Friday in August. In place of their
names, in accordance with the provisions of G.S. 163-140 there
shall be printed on the ballot the names of the candidates for
President and Vice-President of each political party recognized
in this State, and the name of any candidate for President who
has qualified to have his name printed on the general election
ballot under G.S. 163-122. A candidate for President who has
qualified for the general election ballot as an unaffiliated
candidate under G.S. 163-122 shall, no later than 12:00 noon on
the first Friday in August, file with the State Board of
Elections the name of a candidate for Vice-President, whose name
shall also be printed on the ballot. A vote for the candidates
named on the ballot shall be a vote for the electors of the party
or unaffiliated candidate by which those candidates were
nominated and whose names have been filed with the Secretary of
State. (1901, c. 89, s. 78; Rev., s. 4372; C.S., s. 6010; 1933,
c. 165, s. 11; 1949, c. 672, s. 2; 1967, c. 775, s. 1; 1991 (Reg.
Sess., 1992), c. 782, s. 2.)
§ 163-210. Governor to proclaim results; casting State's vote
for President and Vice-President.
Upon receipt of the abstracts prepared by the State Board
of Elections and delivered to him in accordance with G.S. 163-
192, the Secretary of State, under his hand and the seal of his
office, shall certify to the Governor the names of the persons
elected to the office of elector for President and Vice-President
of the United States as stated in the abstracts of the State
Board of Elections. Thereupon, the Governor shall immediately
issue a proclamation setting forth the names of the electors and
instructing them to be present in the old Hall of the House of
Representatives in the State Capitol in the City of Raleigh at
noon on the first Monday after the second Wednesday in December
next after their election, at which time the electors shall meet
and vote on behalf of the State for President and Vice-President
of the United States. The Governor shall cause this proclamation
to be published in the daily newspapers published in the City of
Raleigh. Notice may additionally be made on a radio or television
station or both, but such notice shall be in addition to the
newspaper and other required notice. The Secretary of State is
responsible for making the actual arrangements for the meeting,
preparing the agenda, and inviting guests.
Before the date fixed for the meeting of the electors, the
Governor shall send by registered mail to the Archivist of the
United States, either three duplicate original certificates, or
one original certificate and two authenticated copies of the
Certificates of Ascertainment, under the great seal of the State
setting forth the names of the persons chosen as presidential
electors for this State and the number of votes cast for each.
These Certificates of Ascertainment should be sent as soon as
possible after the election, but must be received before the
Electoral College meeting. At the same time he shall deliver to
the electors six duplicate originals of the same certificate,
each bearing the great seal of the State. At any time prior to
receipt of the certificate of the Governor or within 48 hours
thereafter, any person elected to the office of elector may
resign by submitting his resignation, written and duly verified,
to the Governor. Failure to so resign shall signify consent to
serve and to cast his vote for the candidate of the political
party which nominated such elector.
In case of the absence, ineligibility or resignation of any
elector chosen, or if the proper number of electors shall for any
cause be deficient, the first and second alternates,
respectively, who were nominated under G.S. 163-1(c), shall fill
the first two vacancies. If the alternates are absent,
ineligible, resign, or were not chosen, or if there are more than
two vacancies, then the electors present at the required meeting
shall forthwith elect from the citizens of the State a sufficient
number of persons to fill the deficiency, and the persons chosen
shall be deemed qualified electors to vote for President and Vice-
President of the United States. (1901, c. 89, s. 81; Rev., s.
4374; 1917, c. 176, s. 2; C.S., ss. 5916, 6012; 1923, c. 111, s.
12; 1927, c. 260, s. 17; 1933, c. 165, s. 11; 1935, c. 143, s. 2;
1967, c. 775, s. 1; 1969, c. 949, ss. 1, 2; 1981, c. 35, s. 1;
1989, c. 93, s. 5; 1993 (Reg. Sess., 1994), c. 738, s. 1.)
§ 163-211. Compensation of presidential electors.
Presidential electors shall be paid, for attending the
meeting held in the City of Raleigh on the first Monday after the
second Wednesday in December next after their election, the sum
of forty-four dollars ($44.00) per day and traveling expenses at
the rate of seventeen cents (17¢) per mile in going to and
returning home from the required meeting. (1901, c. 89, s. 84;
Rev., s. 2761; C.S., s. 3878; 1933, c. 5; 1967, c. 775, s. 1;
1979, c. 1008.)
§ 163-212. Penalty for failure of presidential elector to
attend and vote.
Any presidential elector having previously signified his
consent to serve as such, who fails to attend and vote for the
candidate of the political party which nominated such elector,
for President and Vice-President of the United States at the time
and place directed in G.S. 163-210 (except in case of sickness or
other unavoidable accident) shall forfeit and pay to the State
five hundred dollars ($500.00), to be recovered by the Attorney
General in the Superior Court of Wake County. In addition to such
forfeiture, refusal or failure to vote for the candidates of the
political party which nominated such elector shall constitute a
resignation from the office of elector, his vote shall not be
recorded, and the remaining electors shall forthwith fill such
vacancy as hereinbefore provided.
The clear proceeds of forfeitures provided for in this section
shall be remitted to the Civil Penalty and Forfeiture Fund in
accordance with G.S. 115C-457.2. (1901, c. 89, s. 83; Rev., s.
4375; C.S., s. 6013; 1933, c. 165, s. 11; 1967, c. 775, s. 1;
1969, c. 949, s. 3; 1998-215, s. 131.)
Article 18A.
Presidential Preference Primary Act.
§ 163-213.1. Short title.
This Article may be cited as the "Presidential Preference
Primary Act." (1971, c. 225; 1975, c. 744.)
§ 163-213.2. Primary to be held; date; qualifications and
registration of voters.
On the Tuesday after the first Monday in May, 1992, and
every four years thereafter, the voters of this State shall be
given an opportunity to express their preference for the person
to be the presidential candidate of their political party.
Any person otherwise qualified who will become qualified by
age to vote in the general election held in the same year of the
presidential preference primary shall be entitled to register and
vote in the presidential preference primary. Such persons may
register not earlier than 60 days nor later than the last day for
making application to register under G.S. 163-82.6 prior to the
said primary. In addition, persons who will become qualified by
age to register and vote in the general election for which the
primary is held, who do not register during the special period
may register to vote after such period as if they were qualified
on the basis of age, but until they are qualified by age to vote,
they may vote only in primary elections. (1971, c. 225; 1975, c.
744; c. 844, s. 18; 1977, c. 19; c. 661, s. 7; 1983, c. 331, s.
5; 1985 (Reg. Sess., 1986), c. 927, s. 1; 1987, c. 457, s. 3;
1991, c. 689, s. 15(a); 1991 (Reg. Sess., 1992), c. 1032, s. 6;
1999-424, s. 7(j).)
§ 163-213.3. Conduct of election.
The presidential preference primary election shall be
conducted and canvassed by the same authority and in the manner
provided by law for the conduct and canvassing of the primary
election for the office of Governor and all other offices
enumerated in G.S. 163-187 and under the same provisions
stipulated in G.S. 163-188. The State Board of Elections shall
have authority to promulgate reasonable rules and regulations,
not inconsistent with provisions contained herein, pursuant to
the administration of this Article. (1971, c. 225; 1975, c. 744;
1987, c. 81, s. 2; 1991, c. 689, s. 15(b).)
§ 163-213.4. Nomination by State Board of Elections.
The State Board of Elections shall convene in Raleigh on
the first Tuesday in February preceding the presidential
preference primary election. At the meeting required by this
section, the State Board of Elections shall nominate as
presidential primary candidates all candidates affiliated with a
political party, recognized pursuant to the provisions of Article
9 of Chapter 163 of the General Statutes, who have become
eligible to receive payments from the Presidential Primary
Matching Payment Account, as provided in section 9033 of the U.S.
Internal Revenue Code of 1954, as amended. Immediately upon
completion of these requirements, the Board shall release to the
news media all such nominees selected. Provided, however,
nothing shall prohibit the partial selection of nominees prior to
the meeting required by this section, if all provisions herein
have been complied with. (1971, c. 225; 1975, c. 744; 1983, c.
729; 1987, c. 81, s. 1; c. 549, s. 6.1; 1991, c. 689, s. 15(c).)
§ 163-213.5. Nomination by petition.
Any person seeking the endorsement by the national
political party for the office of President of the United States,
or any group organized in this State on behalf of, and with the
consent of, such person, may file with the State Board of
Elections petitions signed by 10,000 persons who, at the time
they signed are registered and qualified voters in this State and
are affiliated, by such registration, with the same political
party as the candidate for whom the petitions are filed. Such
petitions shall be presented to the county board of elections 10
days before the filing deadline and shall be certified promptly
by the chairman of the board of elections of the county in which
the signatures were obtained and shall be filed by the
petitioners with the State Board of Elections no later than 5:00
P.M. on the date the State Board of Elections is required to meet
as directed by G.S. 163-213.4.
The petitions must state the name of the candidate for
nomination, along with a letter of approval signed by such
candidate. Said petitions must also state the name and address of
the chairman of any such group organized to circulate petitions
authorized under this section. The requirement for signers of
such petitions shall be the same as now required under provisions
of G.S. 163-96(b)(1) and (2). The requirement of the respective
chairmen of county boards of elections shall be the same as now
required under the provisions of G.S. 163-96(b)(1) and (2) as
they relate to the chairman of the county board of elections.
The group of petitioners shall pay to the chairman of the
county board of elections a fee of ten cents (10¢) for each
signature he is required to examine under the provisions of this
section.
The State Board of Elections shall forthwith determine the
sufficiency of petitions filed with it and shall immediately
communicate its determination to the chairman of such group
organized to circulate petitions. The form and style of petition
shall be as prescribed by the State Board of Elections. (1971, c.
225; 1975, c. 744.)
§ 163-213.6. Notification to candidates.
The State Board of Elections shall forthwith contact each
person who has been nominated by the Board or by petition and
notify him in writing that his name will be printed as a
candidate of a specified political party on the North Carolina
presidential preference primary ballot. A candidate who
participates in the North Carolina presidential preference
primary of a particular party shall have his name placed on the
general election ballot only as a nominee of that political
party. The board shall send a copy of the "Presidential
Preference Primary Act" to each candidate with the notice
specified above. (1971, c. 225; 1975, c. 744; 1987, c. 549, s.
6.2.)
§ 163-213.7. Voting in presidential preference primary;
ballots.
The names of all candidates in the presidential preference
primary shall appear at an appropriate place on the ballot or
voting machine. In addition the State Board of Elections shall
provide a category on the ballot or voting machine allowing
voters in each political party to vote an "uncommitted" or "no
preference" status. The voter shall be able to cast his ballot
for one of the presidential candidates of a political party or
for an "uncommitted" or "no preference" status, but shall not be
permitted to vote for candidates or "uncommitted" status of a
political party different from his registration. Persons
registered as "Unaffiliated" shall not participate in the
presidential primary except as provided in G.S. 163-116. (1971,
c. 225; 1975, c. 744; 1993 (Reg. Sess., 1994), c. 762, s. 52.)
§ 163-213.8. Allocation of delegate positions to reflect
division of votes in the primary.
(a)Upon completion and certification of the primary
results by the State Board of Elections, the Secretary of State
shall certify the results to the State chairman of each political
party.
Each political party shall allocate delegate positions in a
manner which reflects the division of votes of the party primary
consistent with the national party rules of that political party.
(b) In case of conflict between subsection (a) of this section
and the national rules of a political party, the State executive
committee of that party has the authority to resolve the conflict
by adopting for that party the national rules, which shall then
supercede any provision in subsection (a) of this section with
which it conflicts, provided that the executive committee shall
take only such action under this subsection necessary to resolve
the conflict. (1971, c. 225; 1975, c. 744; 1979, c. 800; 1983, c.
216, ss. 1, 2.)
§ 163-213.9. National committee to be notified of provisions
under this Article.
It shall be the responsibility of the State chairman of
each political party, qualified under the laws of this State, to
notify his party's national committee no later than January 30 of
each year in which such presidential preference primary shall be
conducted of the provisions contained under this Article. (1971,
c. 225; 1975, c. 744.)
§ 163-213.10. Transferred to § 163-213.9 by Session Laws
1975, c. 744.
§ 163-213.11: Repealed by Session Laws 1991, c. 689, s. 15.
§§ 163-214 through 163-217. Reserved for future codification
purposes.
Article 19.
Petitions for Elections and Referenda.
§ 163-218. Registration of notice of circulation of petition.
From and after July 1, 1957, notice of circulation of a
petition calling for any election or referendum shall be
registered with the county board of elections with which the
petition is to be filed, and the date of registration of the
notice shall be the date of issuance and commencement of
circulation of the petition. (1957, c. 1239, s. 1; 1967, c. 775,
s. 1.)
§ 163-219. Petition void after one year from registration.
Petitions calling for elections and referenda shall be and
become void and of no further effect one year after the date the
notice of circulation is registered with the county board of
elections with which it is required to be filed; and
notwithstanding any public, special, local, or private act to the
contrary, no election or referendum shall thereafter be called or
held pursuant to or based upon any such void petition. (1957, c.
1239, s. 2; 1967, c. 775, s. 1.)
§ 163-220. Limitation on petitions circulated prior to July
1, 1957.
Petitions calling for elections or referenda which were
circulated prior to July 1, 1957, shall be and become void and of
no further force and effect one year after the date of issuance
of such petitions for circulation; and notwithstanding any
public, special, local, or private act to the contrary, no
election or referendum shall be called or held pursuant to or
based upon any such void petition from and after July 1, 1957.
(1957, c. 1239, s. 3; 1967, c. 775, s. 1.)
§ 163-221. Persons may not sign name of another to petition.
(a)No person may sign the name of another person to:
(1) Any petition calling for an election or referendum;
(2) Any petition under G.S. 163-96 for the formulation
of a new political party;
(3) Any petition under G.S. 163-107.1 requesting a
person to be a candidate;
(4) Any petition under G.S. 163-122 to have the name of
an unaffiliated candidate placed on the general
election ballot, or under G.S. 163-296 to have the
name of an unaffiliated or nonpartisan candidate
placed on the regular municipal election ballot; or
(5) Any petition under G.S. 163-213.5 to place a name on
the ballot under the Presidential Preference Primary
Act.
(b) Any name signed on a petition, in violation of this
section, shall be void.
(c) Any person who willfully violates this section is guilty
of a Class 2 misdemeanor. (1977, c. 218, s. 1; 1979, c. 534, s.
1; 1987, c. 565, s. 6; 1993, c. 539, s. 1104; 1994, Ex. Sess., c.
24, s. 14(c).)
SUBCHAPTER VII. ABSENTEE VOTING.
Article 20.
Absentee Ballot.
§ 163-226. Who may vote an absentee ballot.
(a)Who May Vote Absentee Ballot; Generally. – Any
qualified voter of the State may vote by absentee ballot in a
statewide primary, general, or special election on constitutional
amendments, referenda or bond proposals, and any qualified voter
of a county is authorized to vote by absentee ballot in any
primary or election conducted by the county board of elections,
in the manner provided in this Article if:
(1) The voter expects to be absent from the county in
which he is registered during the entire period that
the polls are open on the day of the specified
election in which the voter desires to vote;
(2) The voter is unable to be present at the voting
place to vote in person on the day of the specified
election in which the voter desires to vote because
of the voter's sickness or other physical
disability;
(3) The voter is incarcerated, whether in the voter's
county of residence or elsewhere, shall be entitled
to vote by absentee ballot in the county of the
voter's residence in any election, specified herein,
in which the voter otherwise would be entitled to
vote. Absentee voting shall be in the same manner as
provided in this Article. The chief custodian or
superintendent of the institution or other place of
confinement shall certify that the applicant is not
a felon, and the certification shall be as
prescribed by the State Board of Elections. The
State Board of Elections is authorized to prescribe
procedures to carry out the intent and purpose of
this subsection;
(3a) The voter because of the observance of a religious
holiday pursuant to the tenets of the voter's
religion will be unable to cast a ballot at the
polling place on the day of the election; or
(4) The voter is an employee of the county board of
elections or a precinct official, observer, or
ballot counter, in another precinct and the voter's
assigned duties on the day of the election will
cause the voter to be unable to be present at the
voting place to vote in person and provided such
employee has the application witnessed by the
chairman of the county board of elections.
(a1)No-Excuse Absentee Voting for One-Stop in General
Elections Only. – The only type of absentee voting that is not
subject to the excuse requirements of subsection (a) of this
section is one-stop voting as provided in G.S. 163-227.2 for
elections held on the day of the general elections in November of
even-numbered years.
(b) Absentee Ballots; Exceptions. – Notwithstanding the
authority contained in G.S. 163-226(a), absentee ballots shall
not be permitted in fire district elections.
(c) The Term "Election". – As used in this Subchapter, unless
the context clearly requires otherwise, the term "election"
includes a general, primary, second primary, runoff election,
bond election, referendum, or special election. (1939, c. 159, s.
1; 1963, c. 457, s. 1; 1967, c. 775, s. 1; c. 952, s. 1; 1973, c.
536, s. 1; c. 1018; 1977, c. 469, s. 1; 1979, c. 140, s. 1; 1995
(Reg. Sess., 1996), c. 561, s. 1; c. 734, s. 5; 1999-455, s. 1.)
§ 163-226.1. Absentee voting in primary.
A qualified voter may vote by absentee ballot in a
partisan primary provided the qualified voter is affiliated, at
the time the qualified voter makes application for absentee
ballots, with the political party in whose primary the qualified
voter wishes to vote, except that an unaffiliated voter may vote
in a party primary if permitted under G.S. 163-119. The official
registration records of the county in which the voter is
registered shall be proof of whether the qualified voter is
affiliated with a political party and of the party, if any, with
which the qualified voter is affiliated. (1977, c. 469, s. 1;
1999-455, s. 2.)
§ 163-226.2. Absentee voting in municipal elections.
Absentee voting by qualified voters residing in a
municipality shall be in accordance with the authorization
specified in G.S. 163-302. (1977, c. 469, s. 1.)
§ 163-226.3. Certain acts declared felonies.
(a)Any person who shall, in connection with absentee
voting in any election held in this State, do any of the acts or
things declared in this section to be unlawful, shall be guilty
of a Class I felony. It shall be unlawful:
(1) For any person except the voter's near relative or
the voter's verifiable legal guardian to assist the
voter to vote an absentee ballot when the voter is
voting an absentee ballot other than under the
procedure described in G.S. 163-227.2; provided that
if there is not a near relative or legal guardian
available to assist the voter, the voter may request
some other person to give assistance;
(2) For any person to assist a voter to vote an absentee
ballot under the absentee voting procedure
authorized by G.S. 163-227.2 except a member of the
county board of elections, the director of
elections, an employee of the board authorized by
the board, the voter's near relative or the voter's
verifiable legal guardian;
(3) For a voter who votes an absentee ballot under the
procedures authorized by G.S. 163-227.2 to vote that
voter's absentee ballot outside of the voting booth
or private room provided to the voter for that
purpose in or adjacent to the office of the county
board of elections or at the additional site
provided by G.S. 163-227.2(f1), or to receive
assistance in getting to and from the voting booth
or private room and in preparing and marking that
voter's ballots from any person other than a member
of the county board of elections, the director of
elections, an employee of the board of elections
authorized by the board, a near relative of the
voter or the voter's verifiable legal guardian;
(4) For any owner, manager, director, employee, or other
person, other than the voter's near relative or
verifiable legal guardian, to make a written request
pursuant to G.S. 163-230.1 or an application on
behalf of a registered voter who is a patient in any
hospital, clinic, nursing home or rest home in this
State or for any owner, manager, director, employee,
or other person other than the voter's near relative
or verifiable legal guardian, to mark the voter's
absentee ballot or assist such a voter in marking an
absentee ballot;
(5) Repealed by Session Laws 1987, c. 583, s. 8.
(6) For any person to take into that person's possession
for delivery to a voter or for return to a county
board of elections the absentee ballot of any voter,
provided, however, that this prohibition shall not
apply to a voter's near relative or the voter's
verifiable legal guardian;
(7) Except as provided in subsections (1), (2), (3) and
(4) of this section, G.S. 163-231(a), G.S. 163-
250(a), and G.S. 163-227.2(e), for any voter to
permit another person to assist the voter in marking
that voter's absentee ballot, to be in the voter's
presence when a voter votes an absentee ballot, or
to observe the voter mark that voter's absentee
ballot.
(b) The State Board of Elections or a county board of
elections, upon receipt of a sworn affidavit from any qualified
voter of the State or the county, as the case may be, attesting
to first-person knowledge of any violation of subsection (a) of
this section, shall transmit that affidavit to the appropriate
district attorney, who shall investigate and prosecute any person
violating subsection (a). (1979, c. 799, s. 4; 1983, c. 331, s.
2; 1985, c. 563, s. 4; 1987, c. 565, s. 7; c. 583, ss. 8, 10;
1995, c. 243, s. 1; 1999-455, s. 3.)
§ 163-227.1. Second primary; applications for absentee
ballots for voting in second primary.
A voter applying for an absentee ballot for a primary
election who will be eligible to vote under this Article on the
day of the primary and second primary shall be permitted by the
county board of elections to indicate that fact on that voter's
application and that voter shall automatically be issued an
application and absentee ballot for the second primary if one is
called. The county board of elections shall consider that
indication a separate request for application for the second
primary and, at the proper time, shall enter that voter's name in
the absentee register along with the listing of other applicants
for absentee ballots for the second primary.
In addition, a voter entitled to absentee ballots under the
provisions of this Article who did not make application for the
primary or who failed to apply for a second primary ballot at the
time of application for a first primary ballot may make a written
request for absentee ballots for a second primary not earlier
than the day a second primary is called and not later than the
date and time provided by G.S. 163-230.1.
All procedures with respect to absentee ballots in a second
primary shall be the same as with respect to absentee ballots in
a first primary except as otherwise provided by this section.
(1973, c. 536, s. 1; 1977, c. 469, s. 1; 1981, c. 560, s. 1;
1985, c. 600, s. 3; 1999-455, s. 5.)
§ 163-227.2. Alternate procedures for requesting application
for absentee ballot; "one-stop" voting procedure in board
office.
(a)Except as provided in subsection (a1) of this section,
a person expecting to be absent from the county in which that
person is registered during the entire period that the polls are
open on the day of an election in which absentee ballots are
authorized or is eligible under G.S. 163-226(a)(2), 163-
226(a)(3a), or 163-226(a)(4) may request an application for
absentee ballots, complete the application, and vote under the
provisions of this section.
(a1)The excuse requirements of G.S. 163-226(a) do not apply to
one-stop voting for elections held on the day of the general
elections in November of even-numbered years.
(b) Not earlier than the first business day after the twenty-
fifth day before an election, in which absentee ballots are
authorized, in which a voter seeks to vote and not later than
5:00 p.m. on the Friday prior to that election, the voter shall
appear in person only at the office of the county board of
elections, except as provided in subsection (f1) of this section.
That voter shall enter the voting enclosure at the board office
through the appropriate entrance and shall at once state his or
her name and place of residence to an authorized member or
employee of the board. In a primary election, the voter shall
also state the political party with which the voter affiliates
and in whose primary the voter desires to vote, or if the voter
is an unaffiliated voter permitted to vote in the primary of a
particular party under G.S. 163-119, the voter shall state the
name of the authorizing political party in whose primary he
wishes to vote. The board member or employee to whom the voter
gives this information shall announce the name and residence of
the voter in a distinct tone of voice. After examining the
registration records, an employee of the board shall state
whether the person seeking to vote is duly registered. If the
voter is found to be registered that voter may request that the
authorized member or employee of the board furnish the voter with
an application form as specified in G.S. 163-227. The voter shall
complete the application in the presence of the authorized member
or employee of the board, and shall deliver the application to
that person.
(c) If the application is properly filled out, the authorized
member or employee shall enter the voter's name in the register
of absentee requests, applications, and ballots issued; shall
furnish the voter with the instruction sheets called for by G.S.
163-229(c); and shall furnish the voter with the ballots to which
the application for absentee ballots applies. The voter thereupon
shall vote in accordance with subsection (e) of this section.
All actions required by this subsection shall be performed in
the office of the board of elections, except that the voting may
take place in an adjacent room as provided by subsection (e) of
this section. The application under this subsection shall be
signed in the presence of the chairman, member, director of
elections of the board, or full-time employee, authorized by the
board who shall sign the application and certificate as the
witness and indicate the official title held by him or her.
Notwithstanding G.S. 163-231(a), in the case of this subsection,
only one witness shall be required on the certificate.
(d) Only the chairman, member, employee, or director of
elections of the board shall keep the voter's application for
absentee ballots in a safe place, separate and apart from other
applications and container-return envelopes. If the voter's
application for absentee ballots is disapproved by the board, the
board shall so notify the voter stating the reason for
disapproval by first-class mail addressed to the voter at that
voter's residence address and at the address shown in the
application for absentee ballots; and the board shall enter a
challenge under G.S. 163-89.
(e) The voter shall vote that voter's absentee ballot in a
voting booth in the office of the county board of elections, and
the county board of elections shall provide a voting booth for
that purpose, provided however, that the county board of
elections may in the alternative provide a private room for the
voter adjacent to the office of the board, in which case the
voter shall vote that voter's absentee ballot in that room. If
the voter needs assistance in getting to and from the voting
booth and in preparing and marking that voter's ballots or if the
voter is a blind voter, only a member of the county board of
elections, the director of elections, an employee of the board of
elections authorized by the board, a near relative of the voter
or the voter's verifiable legal guardian shall be entitled to
assist the voter.
(e1)If a county uses a voting system with retrievable ballots,
that county's board of elections may by resolution elect to
conduct one-stop absentee voting according to the provisions of
this subsection. In a county in which the board has opted to do
so, a one-stop voter shall cast the ballot and then shall deposit
the ballot in the ballot box or voting system in the same manner
as if such box or system was in use in a precinct on election
day. At the end of each business day, or at any time when there
will be no employee or officer of the board of elections on the
premises, the ballot box or system shall be secured in accordance
with a plan approved by the State Board of Elections, which shall
include that no additional ballots have been placed in the box or
system. Any county board desiring to conduct one-stop voting
according to this subsection shall submit a plan for doing so to
the State Board of Elections. The State Board shall adopt
standards for conducting one-stop voting under this subsection
and shall approve any county plan that adheres to its standards.
The county board shall adhere to its State Board-approved plan.
The plan shall provide that each one-stop ballot shall have a
ballot number on it in accordance with G.S. 163-230.1(a2), or
shall have an equivalent identifier to allow for retrievability.
The standards shall address retrievability in one-stop voting on
direct record electronic equipment where no paper ballot is used.
(f) Notwithstanding the exception specified in G.S. 163-36,
counties which operate a modified full-time office shall remain
open five days each week during regular business hours consistent
with daily hours presently observed by the county board of
elections, commencing with the date prescribed in G.S. 163-
227.2(b) and continuing until 5:00 p.m. on the Friday prior to
that election or primary. The boards of county commissioners
shall provide necessary funds for the additional operation of the
office during that time.
(g) Notwithstanding any other provision of this section, a
county board of elections by unanimous vote of all its members
may provide for one or more sites in that county for absentee
ballots to be applied for and cast under this section. Any site
other than the county board of elections office shall be in any
building or part of a building that the county board of elections
is entitled under G.S. 163-129 to demand and use as a voting
place. Every individual staffing any of those sites shall be a
member or full-time employee of the county board of elections or
an employee of the county board of elections whom the board has
given training equivalent to that given a full-time employee.
Those sites must be approved by the State Board of Elections as
part of a Plan for Implementation approved by both the county
board of elections and by the State Board of Elections which
shall also provide adequate security of the ballots and
provisions to avoid allowing persons to vote who have already
voted. The Plan for Implementation shall include a provision for
the presence of political party observers at each one-stop site
equivalent to the provisions in G.S. 163-45 for party observers
at voting places on election day. If a county board of elections
has considered a proposed Plan or Plans for Implementation and
has been unable to reach unanimity in favor of a Plan, a member
or members of that county board of elections may petition the
State Board of Elections to adopt a plan for it. If petitioned,
the State Board may also receive and consider alternative
petitions from another member or members of that county board.
The State Board of Elections may adopt a Plan for that county.
The State Board, in that plan, shall take into consideration
factors including geographic, demographic, and partisan interests
of that county.
(h) Notwithstanding the provisions of G.S. 163-89(a) and (b),
a challenge may be entered against a voter at a one-stop site
under subsection (g) of this section or during one-stop voting at
the county board office. The challenge may be entered by a person
conducting one-stop voting under this section or by another
registered voter who resides in the same precinct as the voter
being challenged. If challenged at the place where one-stop
voting occurs, the voter shall be allowed to cast a ballot in the
same way as other voters. The challenge shall be made on forms
prescribed by the State Board of Elections. The challenge shall
be heard by the county board of elections in accordance with the
procedures set forth in G.S. 163-89(e). (1973, c. 536, s. 1;
1975, c. 844, s. 12; 1977, c. 469, s. 1; c. 626, s. 1; 1979, c.
107, s. 14; c. 799, ss. 1-3; 1981, c. 305, s. 2; 1985, c. 600, s.
4; 1987, c. 583, s. 4; 1989, c. 520; 1989 (Reg. Sess., 1990), c.
991, s. 2; 1993 (Reg. Sess., 1994), c. 762, s. 53; 1995, c. 243,
s. 1; c. 509, ss. 117, 118; 1995 (Reg. Sess., 1996), c. 561, s.
4; 1997-510, s. 2; 1999-455, s. 6; 2000-136, s. 2.)
§ 163-227.3. Date by which absentee ballots must be available
for voting.
(a)The State Board of Elections shall provide absentee
ballots of the kinds to be furnished by the State Board, to the
county boards of elections 50 days prior to the date on which the
election shall be conducted unless there shall exist an appeal
before the State Board or the courts not concluded, in which case
the State Board shall provide the ballots as quickly as possible
upon the conclusion of such an appeal. In every instance the
State Board shall exert every effort to provide absentee ballots,
of the kinds to be furnished by the State Board, to each county
by the date on which absentee voting is authorized to commence.
(b) Second Primary. – The State Board of Elections shall
provide absentee ballots, of the kinds to be furnished by the
State Board, as quickly as possible after the ballot information
has been determined. (1973, c. 1275; 1977, c. 469, s. 1; 1985
(Reg. Sess., 1986), c. 986, s. 2; c. 987, s. 2; 1987, c. 485, s.
2, c. 509, s. 9; 1989, c. 635, s. 5.)
§ 163-228. Register of absentee requests, applications, and
ballots issued; a public record.
The State Board of Elections shall approve an official
register in which the county board of elections in each county of
the State shall record the following information:
(1) Name of voter for whom application and ballots are
being requested, and, if applicable, the name and
address of the voter's near relative or verifiable
legal guardian who requested the application and
ballots for the voter.
(2) Number of assigned voter's application when issued.
(3) Precinct in which applicant is registered.
(4) Address to which ballots are to be mailed, or, if
the voter voted pursuant to G.S. 163-227.2, a
notation of that fact.
(5) Reason assigned for requesting absentee ballots.
(6) Date request for application for ballots is received
by the county board of elections.
(7) The voter's party affiliation.
(8) The date the ballots were mailed or delivered to the
voter.
(9) Whatever additional information and official action
may be required by this Article.
The State Board of Elections may provide for the register to
be kept by electronic data processing equipment, and a copy shall
be printed out each business day or a supplement printed out each
business day of new information.
The register of absentee requests, applications and ballots
issued shall constitute a public record and shall be opened to
the inspection of any registered voter of the county at any time
within 50 days before and 30 days after an election in which
absentee ballots were authorized, or at any other time when good
and sufficient reason may be assigned for its inspection. (1939,
c. 159, ss. 3, 9; 1945, c. 758, s. 8; 1953, c. 1114; 1963, c.
457, s. 3; 1965, c. 1208; 1967, c. 775, s. 1; c. 952, s. 4; 1973,
c. 536, s. 1; 1977, c. 469, s. 1; 1991, c. 636, s. 21; 1999-455,
s. 7.)
§ 163-229. Absentee ballots, applications on container-return
envelopes, and instruction sheets.
(a)Absentee Ballot Form. – In accordance with the
provisions of G.S. 163-230.1, persons entitled to vote by
absentee ballot shall be furnished with official ballots.
(b) Application on Container-Return Envelope. – In time for
use not later than 50 days before a statewide primary, general
election or county bond election, the county board of elections
shall print a sufficient number of envelopes in which persons
casting absentee ballots may transmit their marked ballots to the
county board of elections. Each container-return envelope shall
have printed on it an application which shall be designed and
prescribed by the State Board of Elections, the voter's
certification of eligibility to vote the enclosed ballot and of
having voted the enclosed ballot in accordance with this Article,
a space for identification of the envelope with the voter, and a
space for approval by the county board of elections. The envelope
shall allow reporting of a change of name as provided by G.S. 163-
82.16. The container-return envelope shall be printed in
accordance with the instructions of the State Board of Elections.
(c) Instruction Sheets. – In time for use not later than 50
days before a statewide primary, general or county bond election,
the county board of elections shall prepare and print a
sufficient number of sheets of instructions on how voters are to
prepare absentee ballots and return them to the county board of
elections. (1929, c. 164, s. 39; 1939, c. 159, ss. 3, 4; 1943, c.
751, s. 2; 1963, c. 457, ss. 3, 4; 1965, c. 1208; 1967, c. 775,
s. 1; c. 851, s. 1; c. 952, s. 5; 1973, c. 536, s. 1; 1975, c.
844, s. 13; 1977, c. 469, s. 1; 1985, c. 562, ss. 3, 4; 1985
(Reg. Sess., 1986), c. 986, s. 2; 1987, c. 485, ss. 2, 5; c. 509,
s. 9; c. 583, s. 3; 1989, c. 635, s. 5; 1995 (Reg. Sess., 1996),
c. 561, s. 5; 1999-455, s. 8.)
§ 163-230.1. Simultaneous issuance of absentee ballots with
application.
(a)A qualified voter who is eligible to vote by absentee
ballot under G.S. 163-226(a)(1), or that voter's near relative or
verifiable legal guardian, shall request in writing an
application for absentee ballots, so that the county board of
elections receives the request not later than 5:00 P.M. on the
Tuesday before the election. The county board of elections shall
enter in the register of absentee requests, applications, and
ballots issued the information required in G.S. 163-228 as soon
as each item of that information becomes available. Upon
receiving the application, the county board of elections shall
cause to be mailed to that voter in a single package:
(1) The official ballots the voter is entitled to vote;
(2) A container-return envelope for the ballots, printed
in accordance with G.S. 163-229; and
(3) Repealed by Session Laws 1999-455, s. 10.
(4) An instruction sheet.
The ballots, envelope, and instructions shall be mailed to the
voter by the county board's chairman, member, officer, or
employee as determined by the board and entered in the register
as provided by this Article.
(a1)Absence for Sickness or Physical Disability. –
Notwithstanding the provisions of subsection (a) of this section,
if a voter expects to be unable to go to the voting place to vote
in person on election day because of that voter's sickness or
other physical disability, that voter or that voter's near
relative or verifiable legal guardian may make written request in
person for absentee ballots to the board of elections of the
county in which the voter is registered after 5:00 p.m. on the
Tuesday before the election but not later than 5:00 p.m. on the
day before the election. The county board of elections shall
enter in the register of absentee requests, applications, and
ballots issued the information required in G.S. 163-228 as soon
as each item of that information becomes available. The county
board of elections shall personally deliver to the requester in a
single package:
(1) The official ballots the voter is entitled to vote;
(2) A container-return envelope for the ballots, printed
in accordance with G.S. 163-229; and
(3) An instruction sheet.
(a2)Delivery of Absentee Ballots and Container-Return Envelope
to Applicant. – When the county board of elections receives a
request for applications and absentee ballots, the board shall
promptly issue and transmit them to the voter in accordance with
the following instructions:
(1) On the top margin of each ballot the applicant is
entitled to vote, the chair, a member, officer, or
employee of the board of elections shall write or
type the words "Absentee Ballot No. ________" or an
abbreviation approved by the State Board of
Elections and insert in the blank space the number
assigned the applicant's application in the register
of absentee requests, applications, and ballots
issued. That person shall not write, type, or print
any other matter upon the ballots transmitted to the
absentee voter. Alternatively, the board of
elections may cause to be barcoded on the ballot the
voter's application number, if that barcoding system
is approved by the State Board of Elections.
(2) The chair, member, officer, or employee of the board
of elections shall fold and place the ballots
(identified in accordance with the preceding
instruction) in a container-return envelope and
write or type in the appropriate blanks thereon, in
accordance with the terms of G.S. 163-229(b), the
absentee voter's name, the absentee voter's
application number, and the designation of the
precinct in which the voter is registered. If the
ballot is barcoded under this section, the envelope
may be barcoded rather than having the actual number
appear. The person placing the ballots in the
envelopes shall leave the container-return envelope
holding the ballots unsealed.
(3) The chair, member, officer, or employee of the board
of elections shall then place the unsealed container-
return envelope holding the ballots together with
printed instructions for voting and returning the
ballots, in an envelope addressed to the voter at
the post office address stated in the request, seal
the envelope, and mail it at the expense of the
county board of elections: Provided, that in case of
a request received after 5:00 p.m. on the Tuesday
before the election under the provisions of
subsection (a1) of this section, in lieu of
transmitting the ballots to the voter in person or
by mail, the chair, member, officer, or employee of
the board of elections may deliver the sealed
envelope containing the instruction sheet and the
container-return envelope holding the ballots to a
near relative or verifiable legal guardian of the
voter.
The county board of elections may receive written requests for
applications earlier than 50 days prior to the election but shall
not mail applications and ballots to the voter or issue
applications and ballots in person earlier than 50 days prior to
the election, except as provided in G.S. 163-227.2. No election
official shall issue applications for absentee ballots except in
compliance with this Article.
(b) The application shall be completed and signed by the voter
personally, the ballots marked, the ballots sealed in the
container-return envelope, and the certificate completed as
provided in G.S. 163-231.
(c) At its next official meeting after return of the completed
container-return envelope with the voter's ballots, the county
board of elections shall determine whether the container-return
envelope has been properly executed. If the board determines that
the container-return envelope has been properly executed, it
shall approve the application and deposit the container-return
envelope with other container-return envelopes for the envelope
to be opened and the ballots counted at the same time as all
other container-return envelopes and absentee ballots.
(c1)Required Meeting of County Board of Elections. – During
the period commencing on the third Tuesday before an election, in
which absentee ballots are authorized, the county board of
elections shall hold one or more public meetings each Tuesday at
5:00 p.m. for the purpose of action on applications for absentee
ballots. At these meetings, the county board of elections shall
pass upon applications for absentee ballots.
If the county board of elections changes the time of holding
its meetings or provides for additional meetings in accordance
with the terms of this subsection, notice of the change in hour
and notice of the schedule of additional meetings, if any, shall
be published in a newspaper circulated in the county at least 30
days prior to the election.
At the time the county board of elections makes its decision
on an application for absentee ballots, the board shall enter in
the appropriate column in the register of absentee requests,
applications, and ballots issued opposite the name of the
applicant a notation of whether the applicant's application was
"Approved" or "Disapproved".
The decision of the board on the validity of an application
for absentee ballots shall be final subject only to such review
as may be necessary in the event of an election contest. The
county board of elections shall constitute the proper official
body to pass upon the validity of all applications for absentee
ballots received in the county; this function shall not be
performed by the chairman or any other member of the board
individually.
(d) Repealed by Session Laws 1999-455, s. 10, applicable to
elections held on or after January 1, 2000.
(e) The State Board of Elections, by rule or by instruction to
the county board of elections, shall establish procedures to
provide appropriate safeguards in the implementation of this
section.
(f) For the purpose of this Article, "near relative" means
spouse, brother, sister, parent, grandparent, child, grandchild,
mother-in-law, father-in-law, daughter-in-law, son-in-law,
stepparent, or stepchild. (1983, c. 304, s. 1; 1985, c. 759, ss.
5.1-5.5; 1991, c. 727, s. 6.3; 1993, c. 553, s. 67; 1995, c. 243,
s. 1; 1999-455, s. 10.)
§ 163-231. Voting absentee ballots and transmitting them to
the county board of elections.
(a)Procedure for Voting Absentee Ballots. – In the
presence of two other persons who are at least 18 years of age,
and who are not disqualified by G.S. 163-226.3(a)(4) or G.S. 163-
237(b1), the voter shall:
(1) Mark the voter's ballots, or cause them to be marked
by one of such persons in the voter's presence
according to the voter's instruction;
(2) Fold each ballot separately, or cause each of them
to be folded in the voter's presence;
(3) Place the folded ballots in the container-return
envelope and securely seal it, or have this done in
the voter's presence;
(4) Make the application printed on the container-return
envelope according to the provisions of G.S. 163-
229(b) and make the certificate printed on the
container-return envelope according to the
provisions of G.S. 163-229(b).
The persons in whose presence the ballot is marked shall at
all times respect the secrecy of the ballot and the privacy of
the absentee voter, unless the voter requests their assistance
and they are otherwise authorized by law to give assistance. The
persons in whose presence the ballot was marked shall sign the
application and certificate as witnesses, and shall indicate
their address. When thus executed, the sealed container-return
envelope, with the ballots enclosed, shall be transmitted in
accordance with the provisions of subsection (b) of this section
to the county board of elections which issued the ballots.
(a1)Repealed by Session Laws 1987, c. 583, s. 1.
(b) Transmitting Executed Absentee Ballots to County Board of
Elections. – The sealed container-return envelope in which
executed absentee ballots have been placed shall be transmitted
to the county board of elections who issued them as follows: All
ballots issued under the provisions of Articles 20 and 21 of this
Chapter shall be transmitted by mail or by commercial courier
service, at the voter's expense, or delivered in person, or by
the voter's near relative or verifiable legal guardian not later
than 5:00 p.m. on the day before the statewide primary or general
election or county bond election. If such ballots are received
later than that hour, they shall not be accepted for unless
federal law so requires. (1939, c. 159, ss. 2, 5; 1941, c. 248;
1943, c. 736; c. 751, s. 1; 1945, c. 758, s. 5; 1963, c. 457, ss.
2, 5; 1967, c. 775, s. 1; 1971, c. 1247, s. 3; 1973, c. 536, s.
1; 1977, c. 469, s. 1; 1979, c. 799, s. 5; 1985, c. 562, ss. 1,
2; 1987, c. 583, ss. 1, 2; 1989 (Reg. Sess., 1990), c. 991, s. 4;
1999-455, s. 11.)
§ 163-232. Certified list of executed absentee ballots;
distribution of list.
The county board of elections shall prepare, or cause to
be prepared, a list in at least quadruplicate, of all absentee
ballots returned to the county board of elections to be counted,
which have been approved by the county board of elections, and
which have been received as of 5:00 p.m. on the day before the
election. At the end of the list, the chairman shall execute the
following certificate under oath:
"State of North Carolina
County of ______________
I, ______________, chairman of the ____________ County board
of elections, do hereby certify that the foregoing is a list of
all executed absentee ballots to be voted in the election to be
conducted on the ____________ day of ______________, ________,
which have been approved by the county board of elections and
which have been returned no later than 5:00 p.m. on the day
before the election. I certify that the chairman, member,
officer, or employee of the board of elections has not delivered
ballots for absentee voting to any person other than the voter,
by mail or by commercial courier service or in person, except as
provided by law, and have not mailed or delivered ballots when
the request for the ballot was received after the deadline
provided by law.
This the ______ day of ______, ______
____________________
(Signature of chairman of
county board of elections)
Sworn to and subscribed before me this ____________ day of
______, _____.
Witness my hand and official seal.
________________
(Signature of officer
administering oath)
________________
(Title of officer)"
No later than 10:00 a.m. on election day, the county board of
elections shall cause one copy of the list of executed absentee
ballots, which may be a continuing countywide list or a separate
list for each precinct, to be immediately deposited as "first-
class" mail to the State Board of Elections. The board shall
retain one copy in the board office for public inspection and the
board shall cause two copies of the appropriate precinct list to
be delivered to the chief judge of each precinct in the county.
The county board of elections shall be authorized to call upon
the sheriff of the county to distribute the list to the
precincts. In addition the county board of elections shall, upon
request, provide a copy of the complete list to the chairman of
each political party, recognized under the provisions of G.S. 163-
96, represented in the county.
The chief judge shall post one copy of the list immediately in
a conspicuous location in the voting place and retain one copy
until all challenges of absentee ballots have been heard by the
county board of elections. Challenges shall be made to absentee
ballots as provided in G.S. 163-89.
After receipt of the list of absentee voters required by this
section the chief judge shall call the name of each person
recorded on the list and enter an "A" in the appropriate voting
square on the voter's permanent registration record, or a similar
entry on the computer list used at the polls. If such person is
already recorded as having voted in that election, the chief
judge shall enter a challenge which shall be presented to the
county board of elections for resolution by the board of
elections prior to certification of results by the board.
All lists required by this section shall be retained by the
county board of elections for a period of 22 months after which
they may then be destroyed. (1939, c. 159, s. 6; 1943, c. 751, s.
3; 1963, c. 457, s. 6; 1967, c. 775, s. 1; 1973, c. 536, s. 1;
1977, c. 469, s. 1; 1981, c. 155, s. 1; c. 305, s. 4; 1985, c.
600, s. 7; 1993 (Reg. Sess., 1994), c. 762, s. 54; 1999-455, s.
12; 1999-456, s. 59.)
§ 163-233. Applications for absentee ballots; how retained.
The county board of elections shall retain, in a safe
place, the original of all applications made for absentee ballots
and shall make them available to inspection by the State Board of
Elections or to any person upon the directive of the State Board
of Elections.
All applications for absentee ballots shall be retained by the
county board of elections for a period of one year after which
they may be destroyed. (1939, c. 159, s. 7; 1943, c. 751, s. 4;
1963, c. 457, s. 7; 1967, c. 775, s. 1; 1973, c. 536, s. 1; c.
1075, s. 5; 1977, c. 469, s. 1; 1999-455, s. 13.)
§ 163-233.1. Withdrawal of absentee ballots not allowed.
No person shall be permitted to withdraw an absentee
ballot after such ballot has been mailed to or returned to the
county board of elections. (1973, c. 536, s. 1; 1977, c. 469, s.
1.)
§ 163-234. Counting absentee ballots by county board of
elections.
All absentee ballots returned to the county board of
elections in the container-return envelopes shall be retained by
the board to be counted by the county board of elections as
herein provided.
(1) Only those absentee ballots returned to the county
board of elections no later than 5:00 p.m. on the
day before election day in a properly executed
container-return envelope shall be counted, except
to the extent federal law requires otherwise.
(2) The county board of elections shall meet at 5:00
p.m. on election day in the board office or other
public location in the county courthouse for the
purpose of counting all absentee ballots except
those which have been challenged before 5:00 p.m. on
election day. Any elector of the county shall be
permitted to attend the meeting and allowed to
observe the counting process, provided the elector
shall not in any manner interfere with the election
officials in the discharge of their duties.
Provided, that the county board of elections is
authorized to begin counting absentee ballots
between the hours of 2:00 p.m. and 5:00 p.m. upon
the adoption of a resolution at least two weeks
prior to the election wherein the hour and place of
counting absentee ballots shall be stated. A copy of
the resolutions shall be published once a week for
two weeks prior to the election, in a newspaper
having general circulation in the county. Notice may
additionally be made on a radio or television
station or both, but such notice shall be in
addition to the newspaper and other required notice.
The count shall be continuous until completed and
the members shall not separate or leave the counting
place except for unavoidable necessity, except that
if the count has been completed prior to the time
the polls close, it shall be suspended until that
time pending receipt of any additional ballots, and
except that one-stop ballots under G.S. 163-227.2
counted electronically shall not be counted until
the polls close; provided, however, that if there
are outstack ballots in the counting device, they
may be counted at the same time as other ballots are
counted under this subdivision. The county board of
elections may begin putting them in the tabulator at
the same time as other ballots are counted under
this subdivision if the system for counting one-stop
ballots requires them to be put in a tabulator but
the process has the voter place them in a ballot
box. The board shall not announce the result of the
count before 7:30 p.m.
(3) The counting of absentee ballots shall not commence
until a majority and at least one board member of
each political party represented on the board is
present and that fact is publicly declared and
entered in the official minutes of the county board.
(4) The county board of elections may employ such
assistants as deemed necessary to count the absentee
ballots, but each board member present shall be
responsible for and observe and supervise the
opening and tallying of the ballots.
(5) As each ballot envelope is opened, the board
shall cause to be entered into a pollbook designated
"Pollbook of Absentee Voters" the name of the
absentee voter, or if the pollbook is computer-
generated, the board shall check off the name.
Preserving secrecy, the ballots shall be placed in
the appropriate ballot boxes, at least one of which
shall be provided for each type of ballot. The
"Pollbook of Absentee Voters" shall also contain the
names of all persons who voted under G.S. 163-227.2,
but those names may be printed by computer for
inclusion in the pollbook.
After all ballots have been placed in the boxes,
the counting process shall begin.
If one-stop ballots under G.S. 163-227.2 are
counted electronically, that count shall commence at
the time the polls close. If one-stop ballots are
paper ballots counted manually, that count shall
commence at the same time as other absentee ballots
are counted.
If a challenge transmitted to the board on
canvass day by a chief judge is sustained, the
ballots challenged and sustained shall be withdrawn
from the appropriate boxes, as provided in G.S. 163-
89(e).
As soon as the absentee ballots have been counted
and the names of the absentee voters entered in the
pollbook as required herein, the board members and
assistants employed to count the absentee ballots
shall each sign the pollbook immediately beneath the
last absentee voter's name entered therein. The
county board of elections shall be responsible for
the safekeeping of the pollbook of absentee voters.
(6) Upon completion of the counting process the board
members shall cause the results of the tally to be
entered on the absentee abstract prescribed by the
State Board of Elections. The abstract shall be
signed by the members of the board in attendance and
the original mailed immediately to the State Board
of Elections. The county board of elections may have
a separate count on the abstract for one-stop
absentee ballots under G.S. 163-227.2.
(7) One copy of the absentee abstract shall be retained
by the county board of elections and the totals
appearing thereon shall be added to the final totals
of all votes cast in the county for each office as
determined on the official canvass.
(8) In the event a political party does not have a
member of the county board of elections present at
the meeting to count absentee ballots due to illness
or other cause of the member, the counting shall not
commence until the county party chairman of said
absent member, or a member of the party's county
executive committee, is in attendance. Such person
shall act as an official witness to the counting and
shall sign the absentee ballot abstract as an
"observer."
(9) The county board of elections shall retain all
container-return envelopes and absentee ballots, in
a safe place, for at least four months, and longer
if any contest is pending concerning the validity of
any ballot. (1939, c. 159, ss. 8, 9; 1945, c. 758,
s. 8; 1953, c. 1114; 1963, c. 547, s. 8; 1967, c.
775, s. 1; c. 851, s. 2; 1973, c. 536, s. 1; 1975,
c. 798, s. 3; 1977, c. 469, s. 1; c. 626, s. 1;
1989, c. 93, s. 7; 1993 (Reg. Sess., 1994), c. 762,
s. 55; 1995, c. 243, s. 1; 1999-455, s. 14.)
§ 163-235. Repealed by Session Laws 1973, c. 536, s. 5.
§ 163-236. Violations by county board of elections.
The county board of elections shall be sole custodian of
blank applications for absentee ballots, official ballots, and
container-return envelopes for absentee ballots. The board shall
issue and deliver blank applications for absentee ballots in
strict accordance with the provisions of G.S. 163-230.1. The
issuance of ballots to persons whose requests for absentee
ballots have been received by the county board of elections under
the provisions of G.S. 163-230.1 is the responsibility and duty
of the county board of elections.
It shall be the duty of the county board of elections to keep
current all records required by this Article and to make promptly
all reports required by this Article. If that duty has been
assigned to the chair, member, officer, or employee of the board
of elections, that person shall carry out the duty.
The willful violation of this section shall constitute a Class
2 misdemeanor. (1939, c. 159, s. 14; 1963, c. 457, s. 10; 1967,
c. 775, s. 1; 1977, c. 469, s. 1; 1987, c. 565, s. 9; 1993, c.
539, s. 1105; 1994, Ex. Sess., c. 24, s. 14(c); 1999-455, s. 15.)
§ 163-237. Certain violations of absentee ballot law made
criminal offenses.
(a)False Statements under Oath Made Class 2 Misdemeanor. –
If any person shall willfully and falsely make any affidavit or
statement, under oath, which affidavit or statement under oath,
is required to be made by the provisions of this Article, he
shall be guilty of a Class 2 misdemeanor.
(b) False Statements Not under Oath Made Class 2 Misdemeanor.
– Except as provided by G.S. 163-275(16), if any person, for the
purpose of obtaining or voting any official ballot under the
provisions of this Article, shall willfully sign any printed or
written false statement which does not purport to be under oath,
or which, if it purports to be under oath, was not duly sworn to,
he shall be guilty of a Class 2 misdemeanor.
(b1)Candidate Witnessing Absentee Ballots of Nonrelative Made
Class 2 Misdemeanor. – A person is guilty of a Class 2
misdemeanor if that person acts as a witness under G.S. 163-
231(a) or G.S. 163-250(a) in any primary or election in which the
person is a candidate for nomination or election, unless the
voter is the candidate's near relative as defined in G.S. 163-
230.1(f).
(c) Fraud in Connection with Absentee Vote; Forgery. – Any
person attempting to aid and abet fraud in connection with any
absentee vote cast or to be cast, under the provisions of this
Article, shall be guilty of a misdemeanor. Attempting to vote by
fraudulently signing the name of a regularly qualified voter is a
Class I felony.
(d) Violations Not Otherwise Provided for Made Class 2
Misdemeanors. – If any person shall willfully violate any of the
provisions of this Article, or willfully fail to comply with any
of the provisions thereof, for which no other punishment is
herein provided, he shall be guilty of a Class 2 misdemeanor.
(1929, c. 164, s. 40; 1939, c. 159, ss. 12, 13, 15; 1967, c. 775,
s. 1; 1977, c. 469, s. 1, 1985, c. 562, s. 6; 1987, c. 565, s. 8;
1993, c. 539, ss. 1106, 1324; 1994, Ex. Sess., c. 24, s. 14(c);
1999-455, s. 22.)
§ 163-238. Reports of violations to district attorneys.
It shall be the duty of the State Board of Elections to
report to the district attorney of the appropriate prosecutorial
district, any violation of this Article, or the failure of any
person charged with a duty under its provisions to comply with
and perform that duty, and it shall be the duty of the district
attorney to cause such a person to be prosecuted therefor. (1939,
c. 159, s. 16; 1967, c. 775, s. 1; 1977, c. 469, s. 1.)
§ 163-239. Article 21 relating to absentee voting by
servicemen and certain civilians not applicable.
Except as otherwise provided therein, Article 21 of this
Chapter, relating to absentee registration and voting by
servicemen and certain civilians, shall not apply to or modify
the provisions of this Article. (1963, c. 457, s. 11; 1967, c.
775, s. 1; 1977, c. 469, s. 1.)
§§ 163-240 to 163-240.5. Expired July 1, 1972.
§§ 163-241 through 163-244. Reserved for future codification
purposes.
Article 21.
Military Absentee Registration and Voting in Primary and General
Elections.
§ 163-245. Persons in armed forces, their spouses, certain
veterans, civilians working with armed forces, and
members of Peace Corps may register and vote by mail.
(a)Any individual who is eligible to register and who is
qualified to vote in any statewide primary or election held under
the laws of this State, and who is absent from the county of his
residence in any of the capacities specified in subsection (b) of
this section, shall be entitled to register by mail and to vote
by military absentee ballot in the manner provided in this
Article.
(b) The provisions of this Article shall apply to the
following persons:
(1) Persons serving in the armed forces of the United
States, including (but not limited to) the army, the
navy, the air force, the marine corps, the coast
guard, the Army Nurse Corps, the Navy Nurse Corps,
the Women's Navy Reserve, the Marine Corps Women's
Reserve, the Women's Army Corps, the Merchant
Marine, and members of the national guard and
military reserve who on the day of a primary or
general election are absent on active duty.
(2) Spouses of persons serving in the armed forces of
the United States residing outside the counties of
their spouses' voting residence.
(3) Disabled war veterans in United States government
hospitals.
(4) Civilians attached to and serving outside the United
States with the armed forces of the United States.
(5) Members of the Peace Corps. (1941, c. 346, ss. 1,
1a; 1943, c. 503, s. 1; 1945, c. 758, s. 4; 1953, c.
908; 1963, c. 457, s. 16; 1967, c. 775, s. 1; 1973,
c. 793, s. 71.)
§ 163-246. Provisions of Article 20 applicable except as
otherwise provided; State Board of Elections to adopt
regulations.
Except as otherwise provided in this Article, registration
by mail and absentee voting by individuals to whom this Article
is applicable shall be governed by the provisions of Article 20
of this Chapter. By way of illustration rather than limitation,
the provisions of this paragraph shall apply to the form of
absentee ballots, certificates and container-return envelopes;
the manner of depositing and voting military absentee ballots;
the counting and certifying of results; the hearing of
challenges; and the preservation of container- return envelopes
in which executed military absentee ballots are transmitted.
The State Board of Elections is authorized to adopt and
promulgate whatever rules and regulations (not in conflict with
other provisions of this Chapter) it may deem necessary to carry
out the true intent and purpose of this Article. (1941, c. 346,
ss. 7-10; 1943, c. 503, ss. 7, 8; 1963, c. 457, s. 15; 1967, c.
775, s. 1.)
§ 163-247. Methods of applying for absentee ballots.
An individual entitled to exercise the rights conferred by
this Article and who is absent from the county of his residence
may apply for absentee ballots in either of the ways provided in
this section.
(1) Federal Postcard Application Form. – At any time
prior to the statewide primary or general election
in which he seeks to vote, the applicant may make
and sign a written application to the County Board
of Election[s] in County of Voter's Residence for
absentee ballots on the postcard form specified in
or promulgated by regulation under 42 U.S.C. 1973cc-
14.
(2) Application to Chairman of County Board of
Elections. – In lieu of applying on the federal
postcard as provided in the preceding subdivision,
at any time prior to the statewide primary or
general election in which he seeks to vote the
applicant may make and sign a written application to
the chairman of the board of elections of the county
of his residence upon a form prepared and furnished
him upon request by the county board of elections.
This form shall require the applicant's signature
and shall elicit from him:
a. A request for absentee ballots to be voted in a
specified statewide primary or general
election.
b. A statement of his political party affiliation
if he seeks to vote by absentee ballot in a
primary election.
c. A statement of his membership in the armed
forces of the United States, or his membership
in one of the other categories to which this
Article is made applicable in G.S. 163-245.
d. A statement of the precinct in which he is
registered to vote, or, if the applicant is not
registered, a statement of his address before
entering military or other qualifying service
and the period of time he resided at that
address.
e. A statement of the address to which the
absentee ballots should be mailed.
In lieu of using a form prepared and furnished
by the county board of elections, the voter may
apply in an informal writing. If the written
application is signed by the voter and if it
contains all the information required by this
subdivision, it shall be regarded as sufficient to
permit the chairman of the county board of elections
to act upon it.
(3) Notwithstanding subdivisions (1) and (2) of this
section, if the application under either of those
subdivisions so requests, it shall constitute an
application for more than one or for all of the
primaries and elections held during the calendar
year when the application is received. (1941, c.
346, ss. 2, 3; 1943, c. 503, s. 2; 1963, c. 457, s.
12; 1967, c. 775, s. 1; 1977, c. 265, s. 16; 1987,
c. 415, s.1.)
§ 163-248. Register, ballots, container-return envelopes, and
instruction sheets.
(a)Register of Military Absentee Ballot Applications and
Ballots Issued. – The State Board of Elections shall furnish the
chairman of the board of elections in each county of the State
with a book to be called the register of military absentee ballot
applications and ballots issued in which shall be recorded
whatever information and official action may be required by this
Article. In lieu of furnishing this register, the State Board of
Elections may provide for a separate military section in the
register furnished under the provisions of G.S. 163-228 which
shall be used for the same purpose.
The register of military absentee ballot applications and
ballots issued, whether contained in a separate book or
maintained as a separate part of the register furnished under the
provisions of G.S. 163-228, shall constitute a public record and
shall be opened to the inspection of any registered voter of the
county at any time.
(b) Absentee Ballot Form. – Persons entitled to vote by
absentee ballot under the terms of this Article shall be
furnished with regular official ballots; separate or distinctly
marked absentee ballots shall not be used. The State Board of
Elections and the county boards of elections shall have all
necessary absentee ballots printed and in the hands of the proper
election officials not later than 50 days before the primary or
election.
(c) Container-Return Envelope. – The county board of elections
shall print a sufficient number of envelopes in which persons
casting military absentee ballots may transmit their marked
ballots to the chairman of the county board of elections. The
container-return envelopes shall be printed and available for use
not later than 50 days before the primary or election. Each
container-return envelope shall be printed in accordance with the
following instructions:
(1) On one side shall be arranged identified spaces in
which the chairman of the county board of elections
may insert the name of the applicant, the number
assigned his application, and the designation of the
precinct in which his ballots are to be voted.
(2) On the other side shall be printed the return
address of the chairman of the county board of
elections and the following certificate:
"Certificate of Absentee Voter
I, ____________________________, do hereby certify that I am a
resident and qualified voter in ______________ precinct,
____________ County, North Carolina, and that I am [check
whichever of the following statements is correct]
[ ] Serving in the armed forces of the United States
[ ] The spouse of a member of the armed forces of the United
States residing outside the county of my spouse's residence
[ ] A disabled war veteran in a United States government hospital
[ ] A civilian attached to and serving outside the United States
with the armed forces of the United States
[ ] A member of the Peace Corps
I further certify that I am affiliated with the ____________
Party. [To be completed only if applicant seeks to vote in the
primary of the political party to which he belongs.]
I further certify that the following is my official address:
______________________________________________________________
_______[Unit (Co., Sq., Trp., Bn., etc.), Governmental Agency,
or Office]
______________________________________________________________
_______
[Military Base, Station, Camp, Fort, Ship, Airfield, etc.]
______________________________________________________________
_______
[Street number, APO, or FPO number]
______________________________________________________________
_______
[City, postal zone, State, and zip code]
I further certify that I made application for absentee ballots
and that I marked the ballots enclosed herein, or that they were
marked for me in my presence and according to my instruction. I
understand it is a felony to falsely sign this certificate.
Witness my hand in the presence of ____________ [Insert names
and addresses of witnesses] this ________ day of ____________,
________.
(Signature of
voter)
Signature of witness # 1
Address of witness # 1
Signature of witness # 2
Address of witness # 2
Note: This certificate must be witnessed by any two persons who
are 18 years of age or older, and must contain their signatures
and addresses."
(d) Instruction Sheets. – The county board of elections shall
prepare and print a sufficient number of sheets of instructions
on how voters covered by the provisions of this Article are to
prepare absentee ballots and return them to the chairman of the
county board of elections. The instruction sheets shall be
printed and available for use not later than 60 days before the
primary or election. (1929, c. 164, s. 39; 1941, c. 346, ss. 2,
3, 4, 5, 6; 1943, c. 503, s. 3; 1963, c. 457, ss. 12, 13, 14;
1967, c. 775, s. 1; 1973, c. 793, s. 72; 1975, c. 844, ss. 15-17;
1979, c. 411, s. 7; 1985 (Reg. Sess., 1986), c. 986, s. 2; 1987,
c. 485, ss. 2, 5; c. 509, s. 9; c. 583, s. 5; 1989, c. 635, s. 5;
1999-456, s. 59.)
§ 163-249. Consideration and approval of applications and
issuance of absentee ballots.
The procedure to be followed in receiving applications for
absentee ballots under this Article, passing upon their validity,
and issuing absentee ballots shall be governed by the provisions
of this section.
(1) Record of Applications Received and Ballots Issued.
– Upon receipt of a voter's written application for
absentee ballots in either of the forms permitted by
G.S. 163-247, the chairman of the county board of
elections shall promptly enter in the register of
military absentee ballot applications and ballots
issued:
a. Name of voter applying for absentee ballots.
b. Applicant's political party affiliation as
stated in an application for ballots in a
primary.
c. Number assigned voter's application. (Numbers
assigned applications received under the
provisions of this Article shall be chosen so
as not to be identical with numbers assigned
applications received under the provisions of
Article 20.)
d. Precinct in which applicant is registered if he
is already registered, or precinct in which
applicant is registered by the chairman of the
county board of elections under the provisions
of subdivisions (2) and (3) of this section.
e. Address to which ballots are to be mailed.
f. Statement of basis on which applicant asserts
his qualifications for obtaining absentee
ballots under the provisions of this Article.
g. Date application for ballots is received by
chairman.
(2) Determination of Validity of Applications for
Absentee Ballots; Handling Applications for Persons
Not Registered. – The chairman of the county board
of elections shall pass upon the validity of all
applications for absentee ballots received under the
provisions of this Article, and he shall not
delegate this responsibility.
If the chairman finds that the applicant is a
qualified voter of the county, that he is
registered in the precinct stated in his
application, that the assertions in his application
are true, that they demonstrate that he is entitled
to vote by absentee ballot under the terms of this
Article, and that his application is in proper form,
the chairman shall approve the application for
absentee ballots.
If the chairman finds that the applicant is not
registered to vote in the precinct in which he
declares he is a resident, the chairman shall make a
reasonable investigation as to the applicant's
residence. If the chairman determines that the
applicant is a resident of the precinct asserted,
that he is eligible to register and vote under the
Constitution and statutes of this State, and that
his application is otherwise in order, the chairman
shall register him according to the procedure
specified in subdivision (3) of this section and
approve his application for absentee ballots.
(3) Record of Chairman's Decisions; Registration by
Chairman. – At the time the chairman of the county
board of elections makes his decision on an
application for absentee ballots, he shall enter in
the appropriate column in the register of military
absentee ballot applications and ballots issued
opposite the name of the applicant a notation of
whether his application was "Approved" or
"Disapproved." In cases in which the chairman
determines that an unregistered applicant is
entitled to register, he shall also note in the
appropriate column of the register the designation
of the precinct in which the applicant is entitled
to vote. This entry shall constitute registration
and shall entitle an otherwise qualified applicant
to receive absentee ballots.
(4) Delivery of Absentee Ballots and Container-Return
Envelope to Applicant. – When the chairman of the
county board of elections approves an application
for military absentee ballots he shall promptly
issue and transmit them in accordance with the
following instructions:
a. On the top margin of each ballot the applicant
is entitled to vote, the chairman shall write
or type the words "Absentee Ballot No ____" and
insert in the blank space the number assigned
the applicant's application in the register of
military absentee ballot applications and
ballots issued. He shall not write, type, or
print any other matter upon the ballots
transmitted to the absentee voter.
b. The chairman shall fold and place the ballots
(identified in accordance with the preceding
instruction) in a container-return envelope and
write or type in the appropriate blanks
thereon, the absentee voter's name, his
application number, and the designation of the
precinct in which his ballots are to be voted.
The chairman shall leave the container-return
envelope holding the ballots unsealed.
c. The chairman shall then place the unsealed
container- return envelope holding the ballots,
together with printed instructions for voting
and returning the ballots, in an envelope
addressed to the applicant at the address
stated in his application, seal the envelope,
and mail it at the expense of the county board
of elections. (1941, c. 346, ss. 2, 3, 4, 5;
1943, c. 503, s. 3; 1963, c. 457, ss. 12, 13;
1967, c. 775, s. 1.)
§ 163-250. Voting absentee ballots and transmitting them to
chairman of county board of elections.
(a)Procedure for Voting Absentee Ballots. – In the
presence of two persons who are at least 18 years of age, the
voter shall:
(1) Mark his ballots, or cause them to be marked by one
of such persons in his presence according to his
instructions.
(2) Fold each ballot separately, or cause each of them
to be folded in his presence.
(3) Place the folded ballots in the container-return
envelope and securely seal it, or have this done in
his presence.
(4) Make and subscribe the certificate printed on the
container-return envelope according to the
provisions of G.S. 163-248(c).
The persons in whose presence the ballots were marked shall
sign the certificate as witnesses, and shall give their
addresses.
(b) Transmitting Executed Absentee Ballots to Chairman of
County Board of Elections. – When executed and witnessed in
accordance with the provisions of subsection (a) of this section,
the sealed container-return envelope in which executed absentee
ballots have been placed shall be mailed by the voter to the
chairman of the county board of elections who issued them. (1941,
c. 346, ss. 7-10; 1963, c. 457, s. 15; 1967, c. 775, s. 1; 1987,
c. 583, s. 6.)
§ 163-251. Certified list of approved military absentee
ballot applications; record of ballots received;
disposition of list; list constitutes registration.
(a)Preparation of List. – The chairman of the county board
of elections shall prepare, or cause to be prepared, a list in
quadruplicate of all military absentee ballots returned to the
county board of elections to be counted which have been approved
by the county board of elections. At the end of the list the
chairman shall execute the following certificate under oath:
"State of North Carolina
County of
I, __________________, Chairman of the
__________________ County Board of Elections, do
hereby certify that the foregoing is a list of all
executed military absentee ballots to be voted in
the election to be conducted on the __________ day
of ____________, ________, which have been approved
by the County Board of Elections. I further certify
that I have issued ballots to no other persons than
those listed herein and further that I have not
delivered military absentee ballots to persons other
than those listed herein; that this list constitutes
the only precinct registration of military absentee
voters whose names have not heretofore been entered
on the regular registration of the appropriate
precinct.
This the __________ day of _______, _____.
(Signature of Chairman of County
Board of Elections)
Sworn to and subscribed before me this __________
day of ____________, ________
(Signature of Officer administering oath)
(Title of officer)"
(b) Distribution of List. – No earlier than 3:00 P.M. on the
day before the election and no later than 10:00 A.M. on election
day, the chairman shall cause one copy of the list of executed
military absentee ballots, which may be a continuing countywide
list or a separate list for each precinct, to be immediately
deposited as first-class mail to the State Board of Elections.
The chairman shall retain one copy in the board office for public
inspection and he shall cause two copies of the appropriate
precinct list to be delivered to the chief judge of each precinct
in the county. The chief judge shall post one copy in the voting
place and retain one copy until all challenges of absentee
ballots have been heard by the county board of elections.
Challenges shall be made as provided in G.S. 163-89.
After receipt of the list of absentee voters required by this
section the chief judge shall call the name of each person
recorded on the list and enter an "A" in the appropriate voting
square on the voter's permanent registration record, if any. If
such person is already recorded as having voted in that election,
the chief judge shall enter a challenge which shall be presented
to the chairman of the county board of elections for resolution
by the board of elections prior to certification of results by
the board.
(c) List Constitutes Registration. – The "List of Applicants
for Military Absentee Ballots to Whom Ballots Have Been Issued"
prescribed by this section, when delivered to the chief judges of
the various precincts, shall constitute the only precinct
registration of the military absentee voters listed thereon whose
names are not already entered in the registration records of the
appropriate precinct. Chief judges shall not add the names of
persons listed on the military absentee list to the regular
registration books of their precincts.
(d) Counting Ballots, Hearing Challenges. – The county board
of elections shall count military ballots as provided for
civilian absentee ballots in G.S. 163-234, and shall hear
challenges as provided in G.S. 163-89. (1941, c. 346, ss. 7-10,
12, 13; 1943, c. 503, ss. 4, 5; 1963, c. 457, s. 15; 1967, c.
775, s. 1; 1973, c. 536, s. 2; 1977, c. 265, s. 17; 1979, c. 797,
s. 3; 1981, c. 155, s. 2; c. 308, s. 3; 1983, c. 331, s. 4; 1993
(Reg. Sess., 1994), c. 762, ss. 56, 57; 1999-456, s. 59.)
§ 163-252. Repealed by Session Laws 1973, c. 536, s. 5.
§ 163-253. Article inapplicable to persons after change of
status; reregistration required.
Upon discharge from the armed forces of the United States
or termination of any other status qualifying him to register and
vote by absentee ballot under the provisions of this Article, the
voter shall not be entitled to vote by military absentee ballot,
and if he was registered under the provisions of this Article his
registration shall become void and he shall be required to
register under the provisions of Article 7A before being entitled
to vote in any primary or election. (1943, c. 503, s. 12; 1967,
c. 775, s. 1; 1999-424, s. 7(k).)
§ 163-254. Registration and voting on primary or election
day.
Notwithstanding any other provisions of Chapter 163 of the
General Statutes, any person entitled to vote an absentee ballot
pursuant to G.S. 163-245 shall be permitted to register in person
at any time including the day of a primary or election. Should
such person's eligibility to register or vote as provided in G.S.
163-245 terminate after the twenty-fifth day prior to a primary
or election, such person, if he appears in person, shall be
entitled to register if otherwise qualified after the twenty-
fifth day before the primary or election, or on the primary or
election day, and shall be permitted to vote if such person is
otherwise qualified. (1977, c. 93; 1999-424, s. 7(l).)
§ 163-255. Absentee voting at office of board of elections.
Notwithstanding any other provisions of Chapter 163 of the
General Statutes, any person eligible to vote an absentee ballot
pursuant to G.S. 163-245 shall be permitted to vote an absentee
ballot pursuant to G.S. 163-227.2 if the person has not already
voted an absentee ballot which has been returned to the board of
elections, and if he will not be in the county on the day of the
primary or election.
In the event an absentee application or ballot has already
been mailed to such person applying to vote pursuant to G.S. 163-
227.2, the board of elections shall void the application and
ballot unless the voted absentee ballot has been received by the
board of elections. Such person shall be eligible to vote
pursuant to G.S. 163-227.2 no later than 5:00 P.M. on the day
next preceding the primary, second primary or election. (1977, c.
93; 1979, c. 797, s. 4.)
§ 163-256. Regulations of State Board of Elections.
The State Board of Elections shall adopt rules and
regulations to carry out the intent and purpose of G.S. 163-254
and 163-255, and to ensure that a proper list of persons voting
under said sections shall be maintained by the boards of
elections, and to ensure proper registration records, and such
rules and regulations shall not be subject to the provisions of
G.S. 150B-9. (1977, c. 93; 1987, c. 827, s. 1.)
§ 163-257. Facsimile and electronic mail transmission of
election materials.
An applicant entitled to exercise the rights conferred by
this Article may apply for registration and an absentee ballot by
facsimile or electronic mail if otherwise qualified to apply for
and vote by absentee ballot. A county board of elections may send
and receive absentee ballot applications and accept voted ballots
by facsimile or electronic mail from eligible electors as defined
in G.S. 163-245. The State Board of Elections shall promulgate
uniform rules for the use of facsimiles and electronic mail in
application and voting under this section, and all county boards
of elections shall adhere to those rules. (1999-455, s. 20.)
Article 22.
Corrupt Practices and Other Offenses against the Elective
Franchise.
§§ 163-259 through 163-268. Repealed by Session Laws 1975, c.
565, s. 8.
§ 163-271. Intimidation of voters by officers made
misdemeanor.
It shall be unlawful for any person holding any office,
position, or employment in the State government, or under and
with any department, institution, bureau, board, commission, or
other State agency, or under and with any county, city, town,
district, or other political subdivision, directly or indirectly,
to discharge, threaten to discharge, or cause to be discharged,
or otherwise intimidate or oppress any other person in such
employment on account of any vote such voter or any member of his
family may cast, or consider or intend to cast, or not to cast,
or which he may have failed to cast, or to seek or undertake to
control any vote which any subordinate of such person may cast,
or consider or intend to cast, or not to cast, by threat,
intimidation, or declaration that the position, salary, or any
part of the salary of such subordinate depends in any manner
whatsoever, directly or indirectly, upon the way in which
subordinate or any member of his family casts, or considers or
intends to cast, or not to cast his vote, at any primary or
election. A violation of this section is a Class 2 misdemeanor.
(1933, c. 165, s. 25; 1967, c. 775, s. 1; 1987, c. 565, s. 11;
1993, c. 539, s. 1109; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 163-272. Repealed by Session Laws 1971, c. 872, s. 3.
§ 163-272.1. Penalties for violation of this Chapter.
Whenever in this Chapter it is provided that a crime is a
misdemeanor, the punishment shall be for a Class 2 misdemeanor.
(1987, c. 565, s. 1; 1993, c. 539, s. 1110; 1994, Ex. Sess., c.
24, s. 14(c).)
§ 163-273. Offenses of voters; interference with voters;
penalty.
(a)Any person who shall, in connection with any primary or
election in this State, do any of the acts and things declared in
this section to be unlawful, shall be guilty of a Class 2
misdemeanor. It shall be unlawful:
(1) For a voter, except as otherwise provided in this
Chapter, to allow his ballot to be seen by any
person.
(2) For a voter to take or remove, or attempt to take or
remove, any ballot from the voting enclosure.
(3) For any person to interfere with, or attempt to
interfere with, any voter when inside the voting
enclosure.
(4) For any person to interfere with, or attempt to
interfere with, any voter when marking his ballots.
(5) For any voter to remain longer than the specified
time allowed by this Chapter in a voting booth,
after being notified that his time has expired.
(6) For any person to endeavor to induce any voter,
while within the voting enclosure, before depositing
his ballots, to show how he marks or has marked his
ballots.
(7) For any person to aid, or attempt to aid, any voter
by means of any mechanical device, or any other
means whatever, while within the voting enclosure,
in marking his ballots.
(b) Election officers shall cause any person committing any of
the offenses set forth in subsection (a) of this section to be
arrested and shall cause charges to be preferred against the
person so offending in a court of competent jurisdiction. (1929,
c. 164, s. 29; 1967, c. 775, s. 1; 1987, c. 565, s. 12; 1993, c.
539, s. 1111; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 163-274. Certain acts declared misdemeanors.
Any person who shall, in connection with any primary or
election in this State, do any of the acts and things declared in
this section to be unlawful, shall be guilty of a Class 2
misdemeanor. It shall be unlawful:
(1) For any person to fail, as an officer or as a judge
or chief judge of a primary or election, or as a
member of any board of elections, to prepare the
books, ballots, and return blanks which it is his
duty under the law to prepare, or to distribute the
same as required by law, or to perform any other
duty imposed upon him within the time and in the
manner required by law;
(1a) For any member, director, or employee of a board of
elections to alter a voter registration application
or other voter registration record without either
the written authorization of the applicant or voter
or the written authorization of the State Board of
Elections;
(2) For any person to continue or attempt to act as a
judge or chief judge of a primary or election, or as
a member of any board of elections, after having
been legally removed from such position and after
having been given notice of such removal;
(3) For any person to break up or by force or violence
to stay or interfere with the holding of any primary
or election, to interfere with the possession of any
ballot box, election book, ballot, or return sheet
by those entitled to possession of the same under
the law, or to interfere in any manner with the
performance of any duty imposed by law upon any
election officer or member of any board of
elections;
(4) For any person to be guilty of any boisterous
conduct so as to disturb any member of any election
board or any chief judge or judge of election in the
performance of his duties as imposed by law;
(5) For any person to bet or wager any money or other
thing of value on any election;
(5a) Repealed by Session Laws 1999-455, s. 21, applicable
to elections held on or after January 1, 2000.
(6) For any person, directly or indirectly, to discharge
or threaten to discharge from employment, or
otherwise intimidate or oppose any legally qualified
voter on account of any vote such voter may cast or
consider or intend to cast, or not to cast, or which
he may have failed to cast;
(7) For any person to publish in a newspaper or pamphlet
or otherwise, any charge derogatory to any candidate
or calculated to affect the candidate's chances of
nomination or election, unless such publication be
signed by the party giving publicity to and being
responsible for such charge;
(8) For any person to publish or cause to be circulated
derogatory reports with reference to any candidate
in any primary or election, knowing such report to
be false or in reckless disregard of its truth or
falsity, when such report is calculated or intended
to affect the chances of such candidate for
nomination or election;
(9) For any person to give or promise, in return for
political support or influence, any political
appointment or support for political office;
(10) For any chairman of a county board of elections or
other returning officer to fail or neglect,
willfully or of malice, to perform any duty, act,
matter or thing required or directed in the time,
manner and form in which said duty, matter or thing
is required to be performed in relation to any
primary, general or special election and the returns
thereof;
(11) For any clerk of the superior court to refuse to
make and give to any person applying in writing for
the same a duly certified copy of the returns of any
primary or election or of a tabulated statement to a
primary or election, the returns of which are by law
deposited in his office, upon the tender of the fees
therefor;
(12) For any person willfully and knowingly to impose
upon any blind or illiterate voter a ballot in any
primary or election contrary to the wish or desire
of such voter, by falsely representing to such voter
that the ballot proposed to him is such as he
desires; or
(13) Except as authorized by G.S. 163-82.15, for any
person to provide false information, or sign the
name of any other person, to a written report under
G.S. 163-82.15. (1931, c. 348, s. 9; 1951, c. 983,
s. 1; 1967, c. 775, s. 1; 1979, c. 135, s. 3; 1987,
c. 565, s. 13; c. 583, s. 9; 1993, c. 539, s. 1112;
1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess.,
1994), c. 762, s. 58(a)-(c); 1999-424, s. 7(h); 1999-
426, s. 2(a); 1999-455, s. 21.)
§ 163-275. Certain acts declared felonies.
Any person who shall, in connection with any primary,
general or special election held in this State, do any of the
acts or things declared in this section to be unlawful, shall be
guilty of a Class I felony. It shall be unlawful:
(1) For any person fraudulently to cause his name to be
placed upon the registration books of more than one
election precinct or fraudulently to cause or
procure his name or that of any other person to be
placed upon the registration books in any precinct
when such registration in that precinct does not
qualify such person to vote legally therein, or to
impersonate falsely another registered voter for the
purpose of voting in the stead of such other voter;
(2) For any person to give or promise or request or
accept at any time, before or after any such primary
or election, any money, property or other thing of
value whatsoever in return for the vote of any
elector;
(3) For any person who is an election officer, a member
of an election board or other officer charged with
any duty with respect to any primary or election,
knowingly to make any false or fraudulent entry on
any election book or any false or fraudulent
returns, or knowingly to make or cause to be made
any false statement on any ballot, or to do any
fraudulent act or knowingly and fraudulently omit to
do any act or make any report legally required of
such person;
(4) For any person knowingly to swear falsely with
respect to any matter pertaining to any primary or
election;
(5) For any person convicted of a crime which excludes
him from the right of suffrage, to vote at any
primary or election without having been restored to
the right of citizenship in due course and by the
method provided by law;
(6) For any person to take corruptly the oath prescribed
for voters;
(7) For any person with intent to commit a fraud to
register or vote at more than one precinct or more
than one time, or to induce another to do so, in the
same primary or election, or to vote illegally at
any primary or election;
(8) For any chief judge or any clerk or copyist to make
any entry or copy with intent to commit a fraud;
(9) For any election official or other officer or person
to make, certify, deliver or transmit any false
returns of any primary or election, or to make any
erasure, alteration, or conceal or destroy any
election ballot, book, record, return or process
with intent to commit a fraud;
(10) For any person to assault any chief judge, judge of
election or other election officer while in the
discharge of his duty in the registration of voters
or in conducting any primary or election;
(11) For any person, by threats, menaces or in any other
manner, to intimidate or attempt to intimidate any
chief judge, judge of election or other election
officer in the discharge of his duties in the
registration of voters or in conducting any primary
or election;
(12) For any chief judge, judge of election, member of a
board of elections, assistant, marker, or other
election official, directly or indirectly, to seek,
receive or accept money or the promise of money, the
promise of office, or other reward or compensation
from a candidate in any primary or election or from
any source other than such compensation as may be
provided by law for his services;
(13) For any person falsely to make or present any
certificate or other paper to qualify any person
fraudulently as a voter, or to attempt thereby to
secure to any person the privilege of voting;
(14) For any officer to register voters and any other
individual to knowingly and willfully receive,
complete, or sign an application to register from
any voter contrary to the provisions of G.S. 163-
82.4; or
(15) Reserved for future codification purposes.
(16) For any person falsely to make the certificate
provided by G.S. 163-229(b)(2) or G.S. 163-250(a).
(17) For any person, directly or indirectly, to
misrepresent the law to the public through mass
mailing or any other means of communication where
the intent and the effect is to intimidate or
discourage potential voters from exercising their
lawful right to vote. (1901, c. 89, s. 13; Rev., s.
3401; 1913, c. 164, s. 2; C.S., s. 4186; 1931, c.
348, s. 10; 1943, c. 543; 1965, c. 899; 1967, c.
775, s. 1; 1979, c. 539, s. 4; 1979, 2nd Sess., c.
1316, ss. 27, 28; 1981, cc. 63, 179; 1985, c. 562,
s. 5; 1987, c. 565, s. 14; c. 583, s. 7; 1989, c.
770, s. 38; 1991, c. 727, s. 1; 1993, c. 553, s. 68;
1993 (Reg. Sess., 1994), c. 762, s. 58(d)-(g); 1999-
424, s. 7(i).)
§ 163-276. Convicted officials; removal from office.
Any public official who shall be convicted of violating
any provision of Article 13 or 22 of this Chapter, in addition to
the punishment provided by law, shall be removed from office by
the judge presiding, and, if the conviction is for a felony,
shall be disqualified from voting until his citizenship is
restored as provided by law. (1949, c. 504; 1967, c. 775, s. 1;
1985, c. 563, s. 11.3.)
§ 163-277. Compelling self-incriminating testimony; person so
testifying excused from prosecution.
No person shall be excused from attending or testifying or
producing any books, papers or other documents before any court
or magistrate upon any investigation, proceeding or trial for the
violation of any of the provisions of this Article, upon the
ground or for the reason that the testimony or evidence,
documentary or otherwise, required of him may tend to incriminate
or degrade him, but such person may be subpoenaed and required to
testify by and for the State relative to any offense arising
under the provisions of this Article; but such person shall not
be prosecuted or subjected to any penalty or forfeiture for or on
account of any transaction, matter or thing concerning which he
may so testify or produce evidence, documentary or otherwise, and
no testimony so given or produced shall be used against him upon
any criminal investigation or proceeding, but such person so
compelled to testify with respect to any acts of his own shall be
immune from prosecution on account thereof, and shall be
pardoned for any violation of law about which such person shall
be so required to testify. (1931, c. 348, s. 11; 1967, c. 775,
s. 1.)
§ 163-278. Duty of investigating and prosecuting violations
of this Article.
It shall be the duty of the State Board of Elections and
the district attorneys to investigate any violations of this
Article, and the Board and district attorneys are authorized and
empowered to subpoena and compel the attendance of any person
before them for the purpose of making such investigation. The
State Board of Elections and the district attorneys are
authorized to call upon the Attorney General to furnish
assistance by the State Bureau of Investigation in making the
investigations of such violations. The State Board of Elections
shall furnish the district attorney a copy of its investigation.
The district attorney shall initiate prosecution and prosecute
any violations of this Article. The provisions of G.S. 163-
278.28 shall be applicable to violations of this Article. (1931,
c. 348, s. 12; 1967, c. 775, s. 1; 1975, c. 565, s. 7.)
Article 22A.
Regulating Contributions and Expenditures in Political Campaigns.
Part 1. In General.
§ 163-278.5. Scope of Article; severability.
The provisions of this Article apply to primaries and
elections for North Carolina offices and to North Carolina
referenda and do not apply to primaries and elections for federal
offices or offices in other States or to non-North Carolina
referenda. Any provision in this Article that regulates a non-
North Carolina entity does so only to the extent that the
entity's actions affect elections for North Carolina offices or
North Carolina referenda.
The provisions of this Article are severable. If any provision
is held invalid by a court of competent jurisdiction, the
invalidity does not affect other provisions of the Article that
can be given effect without the invalid provision. (1999-31, s.
6(a); 2000-140, s. 82.)
§ 163-278.6. Definitions.
When used in this Article:
(1) The term "board" means the State Board of Elections
with respect to all candidates for State and multi-
county district offices and the county or municipal
board of elections with respect to all candidates
for single-county district, county and municipal
offices. The term means the State Board of Elections
with respect to all statewide referenda and the
county or municipal board of elections conducting
all local referenda.
(2) The term "broadcasting station" means any commercial
radio or television station or community antenna
radio or television station.
(3) The term "business entity" means any partnership,
joint venture, joint-stock company, company, firm,
or any commercial or industrial establishment or
enterprise.
(4) The term "candidate" means any individual who, with
respect to a public office listed in G.S. 163-
278.6(18), has filed a notice of candidacy or a
petition requesting to be a candidate, or has been
certified as a nominee of a political party for a
vacancy, has otherwise qualified as a candidate in a
manner authorized by law, or has received funds or
made payments or has given the consent for anyone
else to receive funds or transfer anything of value
for the purpose of exploring or bringing about that
individual's nomination or election to office.
Transferring anything of value includes incurring an
obligation to transfer anything of value. Status as
a candidate for the purpose of this Article
continues if the individual is receiving
contributions to repay loans or cover a deficit or
is making expenditures to satisfy obligations from
an election already held.
(5) The term "communications media" or "media" means
broadcasting stations, carrier current stations,
newspapers, magazines, periodicals, outdoor
advertising facilities, billboards, newspaper
inserts, and any person or individual whose business
is polling public opinion, analyzing or predicting
voter behavior or voter preferences.
(6) The terms "contribute" or "contribution" mean any
advance, conveyance, deposit, distribution, transfer
of funds, loan, payment, gift, pledge or
subscription of money or anything of value
whatsoever, to a candidate to support or oppose the
nomination or election of one or more clearly
identified candidates, to a political committee, to
a political party, or to a referendum committee,
whether or not made in an election year, and any
contract, agreement, promise or other obligation,
whether or not legally enforceable, to make a
contribution. These terms include, without
limitation, such contributions as labor or personal
services, postage, publication of campaign
literature or materials, in-kind transfers, loans or
use of any supplies, office machinery, vehicles,
aircraft, office space, or similar or related
services, goods, or personal or real property. These
terms also include, without limitation, the proceeds
of sale of services, campaign literature and
materials, wearing apparel, tickets or admission
prices to campaign events such as rallies or
dinners, and the proceeds of sale of any campaign-
related services or goods. Notwithstanding the
foregoing meanings of "contribution," the word shall
not be construed to include services provided
without compensation by individuals volunteering a
portion or all of their time on behalf of a
candidate, political committee, or referendum
committee. The term "contribution" does not include
an "independent expenditure."
(7) The term "corporation" means any corporation doing
business in this State under either domestic or
foreign charter, and includes a corporate subsidiary
and any business entity in which a corporation
participates or is a stockholder, a partner or a
joint venturer.
(7a) The term "costs of collection" means monies spent by
the State Board of Elections in the collection of
the penalties levied under this Article to the
extent the costs do not constitute more than fifty
percent (50%) of the civil penalty. The costs are
presumed to be ten percent (10%) of the civil
penalty unless otherwise determined by the State
Board of Elections based on the records of expenses
incurred by the State Board of Elections for its
collection procedures.
(7b) The term "day" means calendar day.
(7c) The term "election cycle" means the period of time
from January 1 after an election for an office
through December 31 after the election for the next
term of the same office. Where the term is applied
in the context of several offices with different
terms, "election cycle" means the period from
January 1 of an odd-numbered year through December
31 of the next even-numbered year.
(8) The term "election" means any general or special
election, a first or second primary, a run-off
election, or an election to fill a vacancy. The term
"election" shall not include any local or statewide
referendum.
(8a) The term "enforcement costs" means salaries,
overhead, and other monies spent by the State Board
of Elections in the enforcement of the penalties
provisions of this Article, including the costs of
investigators, attorneys, travel costs for State
Board employees and its attorneys, to the extent the
costs do not constitute more than fifty percent
(50%) of the sum levied for the enforcement costs
and civil late penalty.
(9) The terms "expend" or "expenditure" mean any
purchase, advance, conveyance, deposit,
distribution, transfer of funds, loan, payment,
gift, pledge or subscription of money or anything of
value whatsoever, whether or not made in an election
year, and any contract, agreement, promise or other
obligation, whether or not legally enforceable, to
make an expenditure, to support or oppose the
nomination, election, or passage of one or more
clearly identified candidates, or ballot measure.
Supporting or opposing the election of clearly
identified candidates includes supporting or
opposing the candidates of a clearly identified
political party. The term "expenditure" also
includes any payment or other transfer made by a
candidate, political committee, or referendum
committee. The special definition of "expenditure"
in G.S. 163-278.12A applies only in that section.
(9a) The term "independently expend" or "independent
expenditure" means an expenditure to support or
oppose the nomination or election of one or more
clearly identified candidates that is made without
consultation or coordination with a candidate or
agent of a candidate whose nomination or election
the expenditure supports or whose opponent's
nomination or election the expenditure opposes.
Supporting or opposing the election of clearly
identified candidates includes supporting or
opposing the candidates of a clearly identified
political party. A contribution is not an
independent expenditure. As applied to referenda,
the term "independent expenditure" applies if
consultation or coordination does not take place
with a referendum committee that supports a ballot
measure the expenditure supports, or a referendum
committee that opposes the ballot measure the
expenditure opposes.
(10) The term "individual" means a single individual or
more than one individual.
(11) The term "insurance company" means any person whose
business is making or underwriting contracts of
insurance, and includes mutual insurance companies,
stock insurance companies, and fraternal beneficiary
associations.
(12) The term "labor union" means any union,
organization, combination or association of
employees or workmen formed for the purposes of
securing by united action favorable wages, improved
labor conditions, better hours of labor or work-
related benefits, or for handling, processing or
righting grievances by employees against their
employers, or for representing employees
collectively or individually in dealings with their
employers. The term includes any unions to which
Article 10, Chapter 95 applies.
(13) The term "person" means any business entity,
corporation, insurance company, labor union, or
professional association.
(14) The term "political committee" means a combination
of two or more individuals, such as any person,
committee, association, organization, or other
entity that makes, or accepts anything of value to
make, contributions or expenditures and has one or
more of the following characteristics:
a. Is controlled by a candidate;
b. Is a political party or executive committee of
a political party or is controlled by a
political party or executive committee of a
political party;
c. Is created by a corporation, business entity,
insurance company, labor union, or professional
association pursuant to G.S. 163-278.19(b); or
d. Has as a major purpose to support or oppose the
nomination or election of one or more clearly
identified candidates.
Supporting or opposing the election of clearly
identified candidates includes supporting or
opposing the candidates of a clearly identified
political party.
An entity is rebuttably presumed to have as a
major purpose to support or oppose the nomination or
election of one or more clearly identified
candidates if it contributes or expends or both
contributes and expends during an election cycle
more than three thousand dollars ($3,000). The
presumption may be rebutted by showing that the
contributions and expenditures giving rise to the
presumption were not a major part of activities of
the organization during the election cycle.
Contributions to referendum committees and
expenditures to support or oppose ballot issues
shall not be facts considered to give rise to the
presumption or otherwise be used in determining
whether an entity is a political committee.
If the entity qualifies as a "political
committee" under sub-subdivision a., b., c., or d.
of this subdivision, it continues to be a political
committee if it receives contributions or makes
expenditures or maintains assets or liabilities. A
political committee ceases to exist when it winds up
its operations, disposes of its assets, and files
its final report.
(15) The term "political party" means any political party
organized or operating in this State, whether or not
that party is recognized under the provisions of
G.S. 163-96.
(16) Repealed by Session Laws 1999-31, s. 4.
(17) The term "professional association" means any trade
association, group, organization, association, or
collection of persons or individuals formed for the
purposes of advancing, representing, improving,
furthering or preserving the interests of persons or
individuals having a common vocation, profession,
calling, occupation, employment, or training.
(18) The term "public office" means any office filled by
election by the people on a statewide, county,
municipal or district basis, and this Article shall
be applicable to such elective offices whether the
election therefor is partisan or nonpartisan.
(18a) The term "referendum" means any question,
issue, or act referred to a vote of the people of
the entire State by the General Assembly, a unit of
local government, or by the people under any
applicable local act and includes constitutional
amendments and State bond issues. The term
"referendum" includes any type of municipal, county,
or special district referendum.
(18b) The term "referendum committee" means a
combination of two or more individuals such as a
committee, association, organization, or other
entity or a combination of two or more business
entities, corporations, insurance companies, labor
unions, or professional associations such as a
committee, association, organization, or other
entity the primary purpose of which is to support or
oppose the passage of any referendum on the ballot.
If the entity qualifies as a "referendum committee"
under this subdivision, it continues to be a
referendum committee if it receives contributions or
makes expenditures or maintains assets or
liabilities. A referendum committee ceases to exist
when it winds up its operations, disposes of its
assets, and files its final report.
(19) The term "treasurer" means an individual appointed
by a candidate, political committee, or referendum
committee as provided in G.S. 163-278.7 or G.S. 163-
278.40A. (1973, c. 1272, s. 1; 1975, c. 798, ss. 5,
6; 1979, c. 500, s. 1; c. 1073, ss. 1-3, 19, 20;
1981, c. 837, s. 1; 1983, c. 331, s. 6; 1985, c.
352, ss. 1-3; 1997-515, ss. 4(a)-(c), 7(b)-(d); 1999-
31, ss. 1(a), (b), 2(a)-(c), 3, 4(a); 1999-424, s.
6(a), (b).)
§ 163-278.7. Appointment of political treasurers.
(a)Each candidate, political committee, and referendum
committee shall appoint a treasurer and, under verification,
report the name and address of the treasurer to the Board. A
candidate may appoint himself or any other individual, including
any relative except his spouse, as his treasurer, and, upon
failure to file report designating a treasurer, the candidate
shall be concluded to have appointed himself as treasurer and
shall be required to personally fulfill the duties and
responsibilities imposed upon the appointed treasurer and subject
to the penalties and sanctions hereinafter provided.
(b) Each appointed treasurer shall file with the Board at the
time required by G.S. 163-278.9(a)(1) a statement of organization
that includes:
(1) The Name, Address and Purpose of the Candidate,
Political Committee, or Referendum Committee. – When
the political committee or referendum committee is
created pursuant to G.S. 163-278.19(b), the name
shall be or include the name of the corporation,
insurance company, business entity, labor union or
professional association whose officials, employees,
or members established the committee. When the
political committee or referendum committee is not
created pursuant to G.S. 163-278.19(b), the name
shall be or include the economic interest, if
identifiable, principally represented by the
committee's organizers or intended to be advanced by
use of the committee's receipts.
(2) The names, addresses, and relationships of
affiliated or connected candidates, political
committees, referendum committees, political
parties, or similar organizations;
(3) The territorial area, scope, or jurisdiction of the
candidate, political committee, or referendum
committee;
(4) The name, address, and position with the candidate
or political committee of the custodian of books and
accounts;
(5) The name and party affiliation of the candidate(s)
whom the committee is supporting or opposing, and
the office(s) involved;
(5a) The name of the referendum(s) which the referendum
committee is supporting or opposing, and whether the
committee is supporting or opposing the referendum;
(6) The name of the political committee or political
party being supported or opposed if the committee is
supporting the ticket of a particular political or
political party;
(7) A listing of all banks, safety deposit boxes, or
other depositories used, including the names and
numbers of all accounts maintained and the numbers
of all such safety deposit boxes used;
(8) The name or names and address or addresses of any
assistant treasurers appointed by the treasurer.
Such assistant treasurers shall be authorized to act
in the name of the treasurer, who shall be fully
responsible for any act or acts committed by an
assistant treasurer, and the treasurer shall be
fully liable for any violation of this Article
committed by any assistant treasurer; and
(9) Any other information which might be requested by
the Board that deals with the campaign organization
of the candidate or referendum committee.
(c) Any change in information previously submitted in a
statement of organization shall be reported to the Board within a
10-day period following the change.
(d) A candidate, political committee or referendum committee
may remove his or its treasurer. In case of the death,
resignation or removal of his or its treasurer before compliance
with all obligations of a treasurer under this Article, such
candidate, political committee or referendum committee shall
appoint a successor within 10 days of the vacancy of such office,
and certify the name and address of the successor in the manner
provided in the case of an original appointment.
(e) Every treasurer of a referendum committee shall receive,
prior to every election in which the referendum committee is
involved, training from the State Board of Elections as to the
duties of the office, including the requirements of G.S. 163-
278.13(e1), provided that the treasurer may designate an employee
or volunteer of the committee to receive the training. (1973, c.
1272, s. 1; 1979, c. 500, s. 2; c. 1073, ss. 4, 5, 16, 18, 20;
1987, c. 113, s. 1; 1995, c. 315, s. 1.)
§ 163-278.7A. Gifts from federal political committees.
It shall be permissible for a federal political committee,
as defined by the Federal Election Campaign Act and regulations
adopted pursuant thereto, to make contributions to a North
Carolina candidate or political committee registered under this
Article with the State Board of Elections or a county board of
elections, provided that the contributing committee:
(1) Is registered with the State Board of Elections
consistent with the provisions of this Article;
(2) Complies with reporting requirements specified by
the State Board of Elections;
(3) Makes its contributions within the limits specified
in this Article; and
(4) Appoints an assistant or deputy treasurer who is a
resident of North Carolina and stipulates to the
State Board of Elections that the designated in-
State resident assistant or deputy treasurer shall
be authorized to produce whatever records reflecting
political activity in North Carolina the State Board
of Elections deems necessary. (1995 (Reg. Sess.,
1996), c. 593, s. 1.)
§ 163-278.8. Detailed accounts to be kept by political
treasurers.
(a)The treasurer of each candidate, political committee,
and referendum committee shall keep detailed accounts, current
within not more than seven days after the date of receiving a
contribution or making an expenditure, of all contributions
received and all expenditures made by or on behalf of the
candidate, political committee, or referendum committee.
(b) Accounts kept by the treasurer of a candidate, political
committee, or referendum committee or the accounts of a treasurer
or political committee at any bank or other depository listed
under G.S. 163-278.7(b)(7), may be inspected, before or after the
election to which the accounts refer, by a member, designee,
agent, attorney or employee of the Board who is making an
investigation pursuant to G.S. 163-278.22.
(c) A treasurer may not accept a contribution of more than one
hundred dollars ($100.00) from a nonresident of this State unless
the contribution is accompanied by a written statement setting
forth the name and address of each contributor.
(d) A treasurer shall not be required to report the name of
any individual who is a resident of this State who makes a total
contribution of one hundred dollars ($100.00) or less but he
shall instead report the fact that he has received a total
contribution of one hundred dollars ($100.00) or less, the amount
of the contribution, and the date of receipt. If a treasurer
receives contributions of one hundred dollars ($100.00) or less,
each at a single event, he may account for and report the total
amount received at that event, the date and place of the event,
the nature of the event, and the approximate number of people at
the event. With respect to the proceeds of sale of services,
campaign literature and materials, wearing apparel, tickets or
admission prices to campaign events such as rallies or dinners,
and the proceeds of sale of any campaign-related services or
goods, if the price or value received for any single service or
goods exceeds one hundred dollars ($100.00), the treasurer shall
account for and report the name of the individual paying for such
services or goods, the amount received, and the date of receipt,
but if the price or value received for any single service or item
of goods does not exceed one hundred dollars ($100.00), the
treasurer may report only those services or goods rendered or
sold at a value that does not exceed one hundred dollars
($100.00), the nature of the services or goods, the amount
received in the aggregate for the services or goods, and the date
of the receipt.
(e) All expenditures for media expenses shall be made by check
only. All media expenditures in any amount shall be accounted for
and reported individually and separately.
(f) All expenditures for nonmedia expenses (except postage) of
more than fifty dollars ($50.00) shall be made by check only. All
expenditures for nonmedia expenses of fifty dollars ($50.00) or
less may be made by check or by cash payment. All nonmedia
expenditures of more than fifty dollars ($50.00) shall be
accounted for and reported individually and separately, but
expenditures of fifty dollars ($50.00) or less may be accounted
for and reported in an aggregated amount, but in that case the
treasurer shall account for and report that he made expenditures
of fifty dollars ($50.00) or less each, the amounts, dates, and
the purposes for which made. In the case of a nonmedia
expenditure required to be accounted for individually and
separately by this subsection, if the expenditure was to an
individual, the report shall list the name and address of the
individual.
(g) All proceeds from loans shall be recorded separately with
a detailed analysis reflecting the amount of the loan, the
source, the period, the rate of interest, and the security
pledged, if any, and all makers and endorsers. (1973, c. 1272, s.
1; 1977, c. 635, s. 1; 1979, c. 1073, ss. 16, 20; 1981, c. 814,
s. 1; 1985, c. 353, ss. 1, 2; 1993 (Reg. Sess., 1994), c. 744, s.
1; 1999-424, s. 7(m).)
§ 163-278.9. Statements filed with Board.
(a)Except as provided in G.S. 163-278.10A, the treasurer
of each candidate and of each political committee shall file
under verification with the Board the following reports:
(1) Organizational Report. – The appointment of the
treasurer as required by G.S. 163-278.7(a), the
statement of organization required by G.S. 163-
278.7(b), and a report of all contributions and
expenditures not previously reported shall be filed
with the Board no later than the tenth day following
the day the candidate files notice of candidacy or
the tenth day following the organization of the
political committee, whichever occurs first. Any
candidate whose campaign is being conducted by a
political committee which is handling all
contributions and expenditures for his campaign
shall file a statement with the Board stating such
fact at the time required herein for the
organizational report. Thereafter, the candidate's
political committee shall be responsible for filing
all reports required by law.
(2) Repealed by Session Laws 1999-31, s. 7(a).
(3) Postprimary Report(s). – Repealed by Session Laws
1997-515, s. 1.
(4) Preelection Report. – Repealed by Session Laws 1997-
515, s. 1.
(4a) 48-Hour Report. – A political committee or political
party that receives a contribution or transfer of
funds from any political committee shall disclose
within 48 hours of receipt a contribution or
transfer of one thousand dollars ($1,000) or more
received after the last preelection report but
before an election. The disclosure shall be by
report to the State Board of Elections identifying
the source and amount of the funds. The State Board
of Elections shall specify the form and manner of
making the report.
(5) Repealed by Session Laws 1985, c. 164, s. 1.
(5a) Quarterly Reports. – During even-numbered years
during which there is an election for that candidate
or in which the campaign committee is supporting a
candidate, the treasurer shall file a report by
mailing or otherwise delivering it to the Board no
later than seven working days after the end of each
calendar quarter covering the prior calendar
quarter, except that:
a. The report for the first quarter shall also
cover the period in April through the
seventeenth day before the primary, the first
quarter report shall be due seven days after
that date, and the second quarter report shall
not include that period if a first quarter
report was required to be filed; and
b. The report for the third quarter shall also
cover the period in October through the
seventeenth day before the election, the third
quarter report shall be due seven days after
that date, and the fourth quarter report shall
not include that period if a third quarter
report was required to be filed.
(6) Semiannual Reports. – If contributions are received
or expenditures made for which no reports are
otherwise required by this Article, any and all such
contributions and expenditures shall be reported by
the last Friday in July, covering the period through
the last day of June, and shall be reported by the
last Friday in January, covering the period through
the last day of December.
(b) Except as otherwise provided in this Article, each report
shall be current within seven days prior to the date the report
is due and shall list all contributions received and expenditures
made which have not been previously reported.
(c) Repealed by Session Laws 1985, c. 164, s. 6.1.
(d) Candidates and committees for municipal offices are not
subject to subsections (a), (b) and (c) of this section. Reports
for those candidates and committees are covered by Part 2 of this
Article.
(e) Notwithstanding subsections (a) through (c) of this
section, any political party (including a State, district,
county, or precinct committee thereof) which is required to file
reports under those subsections and under the Federal Election
Campaign Act of 1971, as amended (2 U.S.C. 434), shall instead of
filing the reports required by those subsections, file with the
State Board of Elections:
(1) The organizational report required by subsection
(a)(1) of this section, and
(2) A copy of each report required to be filed under 2
U.S.C. 434, such copy to be filed on the same day as
the federal report is required to be filed.
(f) Any report filed under subsection (e) of this section may
include matter required by the federal law but not required by
this Article.
(g) Any report filed under subsection (e) of this section must
contain all the information required by G.S. 163-278.8 or G.S.
163-278.11, notwithstanding that the federal law may set a higher
reporting threshold.
(h) Any report filed under subsection (e) of this section may
reflect the cumulative totals required by G.S. 163-278.11 in an
attachment, if the federal law does not permit such information
in the body of the report.
(i) Any report or attachment filed under subsection (e) of
this section must be made under oath.
(j) Treasurers for the following entities shall electronically
file each report required by this section that shows in excess of
five thousand dollars ($5,000) in contributions, in expenditures,
or in loans, according to rules adopted by the State Board of
Elections:
(1) A candidate for statewide office;
(2) A State, district, county, or precinct executive
committee of a political party, if the committee
makes contributions or independent expenditures in
excess of five thousand dollars ($5,000) that affect
contests for statewide office;
(3) A political committee that makes contributions in
excess of five thousand dollars ($5,000) to
candidates for statewide office or makes independent
expenditures in excess of five thousand dollars
($5,000) that affect contests for statewide office.
The State Board of Elections shall provide the software necessary
to file an electronic report to a treasurer required to file an
electronic report at no cost to the treasurer. (1973, c. 1272, s.
1; 1975, c. 565, s. 1; 1979, c. 500, ss. 3, 16; c. 730; 1981, c.
837, s. 2; 1985, c. 164, ss. 1, 6-6.2; 1987 (Reg. Sess., 1988),
c. 1028, s. 6; 1991 (Reg. Sess., 1992), c. 1032, s. 10A; 1997-
515, ss. 1(a), 4(d1), 5(a), 12(a); 1999-31, s. 7(a), (b).)
§ 163-278.9A. Statements filed by referendum committees.
(a)The treasurer of each referendum committee shall file
under verification with the Board the following reports:
(1) Organizational Report. – The appointment of the
treasurer as required by G.S. 163-278.7(a), the
statement of organization required by G.S. 163-
278.7(b), and a report of all contributions and
expenditures shall be filed with the Board no later
than the tenth day following the organization of the
referendum committee.
(2) Pre-Referendum Report. – The treasurer shall file a
report with the Board no later than the tenth day
preceding the referendum.
(2a) 48-Hour Report. – A referendum committee that
receives a contribution or transfer of funds from
any political committee shall disclose within 48
hours of receipt a contribution or transfer of one
thousand dollars ($1,000) or more received after the
last preelection report but before an election. The
disclosure shall be by report to the State Board of
Elections identifying the source and amount of such
funds. The State Board of Elections shall specify
the form and manner of making the report.
(3) Final Report. – The treasurer shall file a final
report no later than the tenth day after the
referendum. If the final report fails to disclose a
final accounting of all contributions and
expenditures, a supplemental final report shall be
filed no later than January 7, after the referendum,
and shall be current through December 31 after the
referendum.
(4) Annual Reports. – If contributions are received or
expenditures made during a calendar year for which
no reports are otherwise required by this Article,
any and all such contributions and expenditures
shall be reported by January 7 of the following
year.
(b) Except as otherwise provided in this Article, each report
shall be current within seven days prior to the date the report
is due and shall list all contributions received and expenditures
made which have not been previously reported. (1979, c. 1073, s.
6; 1997-515, s. 12(b).)
§ 163-278.10. Procedure for inactive candidate or committee.
If no contribution is received or expenditure made by or
on behalf of a candidate, political committee, or referendum
committee during a period described in G.S. 163-278.9, the
treasurer shall file with the Board, at the time required by G.S.
163-278.9, a statement to that effect and it shall not be
required that any inactive candidate or committee so filing a
report of inactivity file any additional reports required by G.S.
163-278.9 so long as the candidate or committee remains inactive.
(1973, c. 1272, s. 1; 1979, c. 1073, s. 20.)
§ 163-278.10A. Threshold of $3,000 for Financial Reports.
(a)Notwithstanding any other provision of this Chapter, a
candidate shall be exempted from the reports of contributions,
loans, and expenditures required in G.S. 163-278.9(a), 163-
278.40B, 163-278.40C, 163-278.40D, and 163-278.40E if to further
his campaign that candidate:
(1) Does not receive more than three thousand dollars
($3,000) in contributions, and
(2) Does not receive more than three thousand dollars
($3,000) in loans, and
(3) Does not spend more than three thousand dollars
($3,000).
To qualify for the exemption from those reports, the candidate's
treasurer shall file a certification under oath that he does not
intend to receive in contributions or loans or expend more than
three thousand dollars ($3,000) to further his campaign. The
certification shall be filed with the Board at the same time the
candidate files his Organizational Report as required in G.S. 163-
278.7, G.S. 163-278.9, and G.S. 163-278.40A. If the candidate's
campaign is being conducted by a political committee which is
handling all contributions, loans, and expenditures for his
campaign, the treasurer of the political committee shall file a
certification of intent to stay within the threshold amount. If
the intent to stay within the threshold changes, or if the three
thousand dollar ($3,000) threshold is exceeded, the treasurer
shall immediately notify the Board and shall be responsible for
filing all reports required in G.S. 163-278.9 and 163-278.40B,
163-278.40C, 163-278.40D, and 163-278.40E; provided that any
contribution, loan, or expenditure which would have been required
to be reported on an earlier report but for this section shall be
included on the next report required after the intent changes or
the threshold is exceeded.
(b) The exemption in subsection (a) of this section applies to
political party committees under the same terms as for
candidates, except that the term "to further his campaign" does
not relate to a political party committee's exemption, and all
contributions, expenditures, and loans during an election shall
be counted against the political party committee's threshold
amount. (1987 (Reg. Sess., 1988), c. 1028, s. 2; c. 1081, s. 3;
1989, c. 449; c. 770, s. 53; 1997-515, s. 4(e).)
§ 163-278.11. Contents of treasurer's statement of receipts
and expenditures.
(a)Statements filed pursuant to provisions of this Article
shall set forth the following:
(1) Contributions. – A list of all contributions
required to be listed under G.S. 163-278.8 received
by or on behalf of a candidate, political committee,
or referendum committee. The statement shall list
the name and complete mailing address of each
contributor, the amount contributed, the principal
occupation of the contributor, and the date such
contribution was received. The total sum of all
contributions to date shall be plainly exhibited.
Forms for required reports shall be prescribed by
the Board. As used in this section, "principal
occupation of the contributor" means the
contributor's:
a. Job title or profession; and
b. Employer's name or employer's specific field of
business activity.
The State Board of Elections shall prepare a
schedule of specific fields of business activity,
adapting or modifying as it deems suitable the
business activity classifications of the Internal
Revenue Code or other relevant classification
schedules. In reporting a contributor's specific
field of business activity, the treasurer shall use
the classification schedule prepared by the State
Board.
(2) Expenditures. – A list of all expenditures required
under G.S. 163-278.8 made by or on behalf of a
candidate, political committee, or referendum
committee. The statement shall list the name and
complete mailing address of each payee, the amount
paid, the purpose, and the date such payment was
made. The total sum of all expenditures to date
shall be plainly exhibited. Forms for required
reports shall be prescribed by the Board.
(3) Loans. – Every candidate and treasurer shall attach
to the campaign transmittal submitted with each
report an addendum listing all proceeds derived from
loans for funds used or to be used in this campaign.
The addendum shall be in the form as prescribed by
the State Board of Elections and shall list the
amount of the loan, the source, the period, the rate
of interest, and the security pledged, if any, and
all makers and endorsers.
(b) Statements shall reflect anything of value paid for or
contributed by any person or individual, both as a contribution
and expenditure. A political party executive committee that makes
an expenditure that benefits a candidate or group of candidates
shall report the expenditure, including the date, amount, and
purpose of the expenditure and the name of and office sought by
the candidate or candidates on whose behalf the expenditure was
made. A candidate who benefits from the expenditure shall report
the expenditure or the proportionate share of the expenditure
from which the candidate benefitted as an in-kind contribution if
the candidate or the candidate's committee has coordinated with
the political party executive committee concerning the
expenditure.
(c) Best Efforts. – When a treasurer shows that best efforts
have been used to obtain, maintain, and submit the information
required by this Article for the candidate or political
committee, any report of that candidate or committee shall be
considered in compliance with this Article. The State Board of
Elections shall promulgate rules that specify what are "best
efforts" for purposes of this Article, adapting as it deems
suitable the provisions of 11 C.F.R. § 104.7. The rules shall
include the provision that if the treasurer, after complying with
the rules, does not know the occupation of the contributor, it
shall suffice for the treasurer to report "unable to obtain".
(1973, c. 1272, s. 1; 1977, c. 635, s. 2; 1979, c. 1073, s. 20;
1997-515, ss. 2(a), 2(b), 3(a).)
§ 163-278.12. Special reporting of contributions and
independent expenditures.
(a)Subject to G.S. 163-278.16(f) and G.S. 163-278.14,
individuals and other entities not otherwise prohibited from
doing so may make independent expenditures. In the event an
individual or other entity making independent expenditures but
not otherwise required to report them makes independent
expenditures in excess of one hundred dollars ($100.00), that
individual or entity shall file a statement of such independent
expenditure with the appropriate board of elections in the manner
prescribed by the State Board of Elections.
(b) Any entity other than an individual that is permitted to
make contributions but is not otherwise required to report them
shall report each contribution in excess of one hundred dollars
($100.00) with the appropriate board of elections in the manner
prescribed by the State Board of Elections.
(c) In assuring compliance with subsections (a) and (b) of
this section, the State Board of Elections shall require the
identification of each entity making a donation of more than one
hundred dollars ($100.00) to the entity filing the report if the
donation was made for the purpose of furthering the reported
independent expenditure or contribution.
(d) Contributions or expenditures required to be reported
under this section shall be reported within 30 days after they
exceed one hundred dollars ($100.00) or 10 days before an
election the contributions or expenditures affect, whichever
occurs earlier. (1973, c. 1272, s. 1; 1979, c. 107, s. 15; c.
1073, s. 20; 1999-31, s. 2(d).)
§ 163-278.12A. Disclosure of spending for material that names
candidates.
(a)General Duty to Report. – Any individual, person,
political committee, or other entity that makes an expenditure
for printed material or advertisements broadcast or distributed
to anyone other than members of the entity shall report those
expenditures in accordance with subsection (b) of this section if
the printed material or advertisement names a candidate or names
an individual whose prospective or potential candidacy is the
principal purpose of a political committee. The disclosure
requirements of this section do not apply to the following:
(1) Material that is solely informational and is not
intended to advocate the election or defeat of a
candidate or prospective candidate; or
(2) The owner of a newspaper, magazine, radio outlet, or
television outlet, if that owner is not a candidate,
political committee, or the parent entity of a
political committee under G.S. 163-278.19.
(b) Procedures for Reporting; Exceptions. – Any political
committee or other entity otherwise required by this Article to
file reports with a board of elections shall include an
expenditure described in subsection (a) of this section on those
reports. Any entity not otherwise required by this Article to
file reports shall report expenditures described in subsection
(a) of this section to the State Board of Elections within 10
days after the aggregate expenditure has reached the lowest
threshold amount set for candidates and political party
committees in G.S. 163-278.10A. After the initial report, each
entity shall report subsequent expenditures described in
subsection (a) of this section according to the schedule set out
in G.S. 163-278.9(a) or Part 2 of this Article, whichever is
appropriate.
(c) Definition. – For the purpose of this section,
notwithstanding G.S. 163-278.6(9), the term "expenditure" means
any purchase, advance, conveyance, deposit, distribution,
transfer of funds, loans, payment, gift, pledge, or subscription
of money or anything of value whatsoever, whether or not made in
an election year, and any contract, agreement, promise, or other
obligation, whether or not legally enforceable. An individual or
entity is deemed to have made an expenditure for printed material
or advertisements if that individual or entity has agreed to
compensate another individual or entity for purchasing such
printed material or advertisements.
(d) No Criminal Liability. – No duty imposed by this section
alone, and by no other law, shall be relied upon or otherwise
interpreted to create criminal liability for any person. (1997-
515, s. 11(a).)
§ 163-278.13. Limitation on contributions.
(a)No individual, political committee, or other entity
shall contribute to any candidate or other political committee
any money or make any other contribution in any election in
excess of four thousand dollars ($4,000) for that election.
(b) No candidate or political committee shall accept or
solicit any contribution from any individual, other political
committee, or other entity of any money or any other contribution
in any election in excess of four thousand dollars ($4,000) for
that election.
(c) Notwithstanding the provisions of subsections (a) and (b)
of this section, it shall be lawful for a candidate or a
candidate's spouse, parents, brothers and sisters to make a
contribution to the candidate or to the candidate's treasurer of
any amount of money or to make any other contribution in any
election in excess of four thousand dollars ($4,000) for that
election.
(d) For the purposes of this section, the term "an election"
means any primary, second primary, or general election in which
the candidate or political committee may be involved, without
regard to whether the candidate is opposed or unopposed in the
election, except that where a candidate is not on the ballot in a
second primary, that second primary is not "an election" with
respect to that candidate.
(e) This section shall not apply to any national, State,
district or county executive committee of any political party.
For the purposes of this section only, the term "political party"
means only those political parties officially recognized under
G.S. 163-96.
(e1)No referendum committee which received any contribution
from a corporation, labor union, insurance company, business
entity, or professional association may make any contribution to
another referendum committee, to a candidate or to a political
committee.
(f) Any individual, candidate, political committee, referendum
committee, or other entity that violates the provisions of this
section is guilty of a Class 2 misdemeanor. (1973, c. 1272, s. 1;
1979, c. 1073, ss. 8, 20; 1981, c. 225; 1987, c. 565, s. 15;
1993, c. 539, s. 1113; 1994, Ex. Sess., c. 24, s. 14(c); 1997-
515, s. 8(a); 1999-31, s. 5(c).)
§ 163-278.13A: Repealed by Session Laws 1997-515, s. 9.
§ 163-278.13B. Limitation on fund-raising during legislative
session.
(a)Definitions. – For purposes of this section:
(1) "Limited contributor" means a lobbyist registered
pursuant to Article 9A of Chapter 120 of the General
Statutes, that lobbyist's agent, that lobbyist's
principal as defined in G.S. 120-47.1(7), or a
political committee that employs or contracts with
or whose parent entity employs or contracts with a
lobbyist registered pursuant to Article 9A of
Chapter 120 of the General Statutes.
(2) "Limited contributee" means a member of or candidate
for the Council of State, a member of or candidate
for the General Assembly.
(3) The General Assembly is in "regular session" from
the date set by law or resolution that the General
Assembly convenes until the General Assembly either
adjourns sine die or recesses or adjourns for more
than 10 days.
(4) A contribution is "made" during regular session if
the check or other instrument is dated during the
session, or if the check or other instrument is
delivered to the limited contributee during session,
or if the limited contributor pledges during the
session to deliver the check or other instrument at
a later time.
(5) A contribution is "accepted" during regular session
if the check or other instrument is dated during the
session, or if the limited contributee receives the
check or other instrument during session and does
not return it within 10 days, or agrees during
session to receive the check or other instrument at
a later time.
(b) Prohibited Solicitations. – While the General Assembly is
in regular session, no limited contributee or the real or
purported agent of a limited contributee shall:
(1) Solicit a contribution from a limited contributor to
be made to that limited contributee or to be made to
any other candidate, officeholder, or political
committee; or
(2) Solicit a third party, requesting or directing that
the third party directly or indirectly solicit a
contribution from a limited contributor or relay to
the limited contributor the limited contributee's
solicitation of a contribution.
It shall not be deemed a violation of this section for a
limited contributee to serve on a board or committee of an
organization that makes a solicitation of a limited contributor
as long as that limited contributee does not directly participate
in the solicitation and that limited contributee does not
directly benefit from the solicitation.
(c) Prohibited Contributions. – While the General Assembly is
in regular session:
(1) No limited contributor shall make or offer to make a
contribution to a limited contributee.
(2) No limited contributor shall make a contribution to
any candidate, officeholder, or political committee,
directing or requesting that the contribution be
made in turn to a limited contributee.
(3) No limited contributor shall transfer any amount of
money or anything of value to any entity, directing
or requesting that the entity use what was
transferred to contribute to a limited contributee.
(4) No limited contributee or the real or purported
agent of a limited contributee prohibited from
solicitation by subsection (b) of this section shall
accept a contribution from a limited contributor.
(5) No limited contributor shall solicit a contribution
from any individual or political committee on behalf
of a limited contributee. This subdivision does not
apply to a limited contributor soliciting a
contribution on behalf of a political party
executive committee if the solicitation is solely
for a separate segregated fund kept by the political
party limited to use for activities that are not
candidate-specific, including generic voter
registration and get-out-the-vote efforts, pollings,
mailings, and other general activities and
advertising that do not refer to a specific
individual candidate.
(d) Exception. – The provisions of this section do not apply
with regard to a limited contributee during the three weeks prior
to the day of a second primary if that limited contributee is a
candidate who will be on the ballot in that second primary.
(e) Prosecution. – A violation of this section is a Class 2
misdemeanor. (1997-515, s. 9(b); 1999-31, s. 5(d); 1999-453, s.
6(a); 2000-136, s. 1.)
§ 163-278.14. No contributions in names of others; no
anonymous contributions; contributions in excess of one
hundred dollars.
(a)No individual, political committee, or other entity
shall make any contribution anonymously, except as provided in
G.S. 163-278.8(d), or in the name of another. No candidate,
political committee, referendum committee, political party, or
treasurer shall knowingly accept any contribution made by any
individual or person in the name of another individual or person
or made anonymously except as provided in G.S. 163-278.8(d). If a
candidate, political committee, referendum committee, political
party, or treasurer receives anonymous contributions or
contributions determined to have been made in the name of
another, he shall pay the money over to the Board, by check, and
all such moneys received by the Board shall be deposited in the
general fund of the State of North Carolina.
(b) No individual or person shall give, and no candidate,
committee or treasurer shall accept, any monetary contribution in
excess of one hundred dollars ($100.00) unless such contribution
be in the form of a check, draft, or money order.
(c) No political committee or referendum committee shall make
any contribution unless in doing so it reports to the recipient
the contributor's name as required in G.S 163-278.7(b)(1). (1973,
c. 1272, s. 1; 1979, c. 1073, s. 19; 1987, c. 113, s. 2; 1999-
453, s. 4(a).)
§ 163-278.14A. Evidence that communications are "to support
or oppose the nomination or election of one or more
clearly identified candidates."
(a)Either of the following shall be means, but not
necessarily the exclusive or conclusive means, of proving that an
individual or other entity acted "to support or oppose the
nomination or election of one or more clearly identified
candidates":
(1) Evidence of financial sponsorship of communications
to the general public that use phrases such as "vote
for", "reelect", "support", "cast your ballot for",
"(name of candidate) for (name of office)", "(name
of candidate) in (year)", "vote against", "defeat",
"reject", "vote pro-(policy position)" or "vote anti-
(policy position)" accompanied by a list of
candidates clearly labeled "pro-(policy position)"
or "anti-(policy position)", or communications of
campaign words or slogans, such as posters, bumper
stickers, advertisements, etc., which say "(name of
candidate)'s the One", "(name of candidate) '98",
"(name of candidate)!", or the names of two
candidates joined by a hyphen or slash.
(2) Evidence of financial sponsorship of communications
whose essential nature expresses electoral advocacy
to the general public and goes beyond a mere
discussion of public issues in that they direct
voters to take some action to nominate, elect, or
defeat a candidate in an election. If the course of
action is unclear, contextual factors such as the
language of the communication as a whole, the timing
of the communication in relation to events of the
day, the distribution of the communication to a
significant number of registered voters for that
candidate's election, and the cost of the
communication may be considered in determining
whether the action urged could only be interpreted
by a reasonable person as advocating the nomination,
election, or defeat of that candidate in that
election.
(b) Notwithstanding the provisions of subsection (a) of this
section, a communication shall not be subject to regulation as a
contribution or expenditure under this Article if it:
(1) Appears in a news story, commentary, or editorial
distributed through the facilities of any
broadcasting station, newspaper, or magazine, unless
those facilities are owned or controlled by any
political party, or political committee;
(2) Is distributed by a corporation solely to its
stockholders and employees; or
(3) Is distributed by any organization, association, or
labor union solely to its members or to subscribers
or recipients of its regular publications, or is
made available to individuals in response to their
request, including through the Internet. (1999-453,
s. 3(a).)
§ 163-278.15. No acceptance of contributions made by
corporations, foreign and domestic.
No candidate, political committee, political party, or
treasurer shall accept any contribution made by any corporation,
foreign or domestic, regardless of whether such corporation does
business in the State of North Carolina. This section does not
apply with regard to entities permitted to make contributions by
G.S. 163-278.19(f). (1973, c. 1272, s. 1; 1999-31, s. 5(e).)
§ 163-278.16. Regulations regarding timing of contributions
and expenditures.
(a)Except as provided in G.S. 163-278.6(14) and G.S. 163-
278.12, no contribution may be received or expenditure made by or
on behalf of a candidate, political committee, or referendum
committee:
(1) Until the candidate, political committee, or
referendum committee appoints a treasurer and
certifies the name and address of the treasurer to
the Board; and
(2) Unless the contribution is received or the
expenditure made by or through the treasurer of the
candidate, political committee, or referendum
committee.
(b) through (e) Repealed by Session Laws 1975, c. 565, s. 2.
(f), (g) Repealed by Session Laws 1999-453, s. 2(b). (1973,
c. 1272, s. 1; 1975, c. 565, s. 2; 1979, c. 500, s. 4; c. 1073,
ss. 19, 20; 1987, c. 652; 1997-515, s. 13.1(a); 1999-31, ss.
1(d), 4(b); 1999-453, s. 2(b).)
§ 163-278.16A. Restriction on use of State funds by declared
candidate for Council of State for advertising or public
service announcements using their names, pictures, or
voices.
After December 31 prior to a general election in which a
Council of State office will be on the ballot, no declared
candidate for that Council of State office shall use or permit
the use of State funds for any advertisement or public service
announcement in a newspaper, on radio, or on television that
contains that declared candidate's name, picture, or voice,
except in case of State or national emergency and only if the
announcement is reasonably necessary to that candidate's official
function. For purposes of this section, "declared candidate"
means someone who has publicly announced an intention to run.
(1997-515, s. 13(a).)
§ 163-278.17. Statements of media receiving campaign
expenditures.
(a)Repealed by Session Laws 1985, c. 183, s. 1, effective
May 15, 1985.
(b) Each media shall require written authority for each
expenditure from each candidate, treasurer or individual making
or authorizing an expenditure.
A candidate may authorize advertisement paid for by a
treasurer appointed by the candidate. All authorizations of
expenditures signed by a candidate, treasurer or individual shall
be deemed public records and copies of said authorizations shall
be available for inspection during normal business hours at the
office(s) of the media making the publication or broadcast
nearest to the place(s) of publication or broadcast.
(c) Repealed by Session Laws 1985, c. 183, s. 2, effective May
15, 1985. (1973, c. 1272, s. 1; 1975, c. 565, s. 3; 1979, c.
500, ss. 5, 6; c. 1073, s. 9; 1985, c. 183, ss. 1, 2.)
§ 163-278.18. Normal commercial charges for political
advertising.
(a)No media and no supplier of materials or services shall
charge or require a candidate, treasurer, political party, or
individual to pay a charge for advertising, materials, space, or
services purchased for or in support of or in opposition to any
candidate, political committee, or political party that is higher
than the normal charge it requires other customers to pay for
comparable advertising, materials, space, or services purchased
for other purposes.
(b) A newspaper, magazine, or other advertising medium shall
not charge any candidate, treasurer, political committee,
political party, or individual for any advertising for or in
support of or in opposition to any candidate, political committee
or political party at a rate higher than the comparable rate
charged to other persons for advertising of comparable frequency
and volume; and every candidate, treasurer, political party or
individual, with respect to political advertising, shall be
entitled to the same discounts afforded by the advertising medium
to other advertisers under comparable conditions and
circumstances. (1973, c. 1272, s. 1; 1977, c. 856.)
§ 163-278.19. Violations by corporations, business entities,
labor unions, professional associations and insurance
companies.
(a)Except as provided in subsections (b), (d), (e), and
(f) of this section it shall be unlawful for any corporation,
business entity, labor union, professional association or
insurance company directly or indirectly:
(1) To make any contribution to a candidate or political
committee (except a loan of money by a national or
State bank or federal or State savings and loan
association made in accordance with the applicable
banking or savings and loan association laws and
regulations and in the ordinary course of business)
or to make any expenditure to support or oppose the
nomination or election of a clearly identified
candidate;
(2) To pay or use or offer, consent or agree to pay or
use any of its money or property for any
contribution to a candidate or political committee
or for any expenditure to support or oppose the
nomination or election of a clearly identified
candidate; or
(3) To compensate, reimburse, or indemnify any person or
individual for money or property so used or for any
contribution or expenditure so made;
and it shall be unlawful for any officer, director, stockholder,
attorney, agent or member of any corporation, business entity,
labor union, professional association or insurance company to
aid, abet, advise or consent to any such contribution or
expenditure, or for any person or individual to solicit or
knowingly receive any such contribution or expenditure.
Supporting or opposing the election of clearly identified
candidates includes supporting or opposing the candidates of a
clearly identified political party. Any officer, director,
stockholder, attorney, agent or member of any corporation,
business entity, labor union, professional association or
insurance company aiding or abetting in any contribution or
expenditure made in violation of this section shall be guilty of
a Class 2 misdemeanor, and shall in addition be liable to such
corporation, business entity, labor union, professional
association or insurance company for the amount of such
contribution or expenditure, and the same may be recovered of him
upon suit by any stockholder or member thereof.
(a1)A transfer of funds shall be deemed to have been a
contribution or expenditure made indirectly if it is made to any
committee or political party account, whether inside or outside
this State, with the intent or purpose of being exchanged in
whole or in part for any other funds to be contributed or
expended in an election for North Carolina office or to offset
any other funds contributed or expended in an election for North
Carolina office.
(b) It shall, however, be lawful for any corporation, business
entity, labor union, professional association or insurance
company to communicate with its employees, stockholders or
members and their families on any subject; to conduct nonpartisan
registration and get-out-the-vote campaigns aimed at their
employees, stockholders, or members and their families; or for
officials and employees of any corporation, insurance company or
business entity or the officials and members of any labor union
or professional association to establish, administer, contribute
to, and to receive and solicit contributions to a separate
segregated fund to be utilized for political purposes, except as
provided in G.S. 163-278.20, and those individuals shall be
deemed to become and be a political committee as that term is
defined in G.S. 163-278.6(14) or a referendum committee as
defined in G.S 163-278.6(18b); provided, however, that it shall
be unlawful for any such fund to make a contribution or
expenditure by utilizing contributions secured by physical force,
job discrimination, financial reprisals or the threat of force,
job discrimination or financial reprisals, or by dues, fees, or
other moneys required as a condition of membership or employment
or as a requirement with respect to any terms or conditions of
employment, including, without limitation, hiring, firing,
transferring, promoting, demoting, or granting seniority or
employment-related benefits of any kind, or by moneys obtained in
any commercial transaction whatsoever.
(c) A violation of this section is a Class 2 misdemeanor. In
addition, the acceptance of any contribution, expenditure,
payment, reimbursement, indemnification, or anything of value
under subsection (a) shall be a Class 2 misdemeanor.
(d) Whenever a candidate or treasurer is an officer, director,
stockholder, attorney, agent, or employee of any corporation,
business entity, labor union, professional association or
insurance company, and by virtue of his position therewith uses
office space and communication facilities of the corporation,
business entity, labor union, professional association or
insurance company in the normal and usual scope of his
employment, the fact that the candidate or treasurer receives
telephone calls, mail, or visits in such office which relates to
activities prohibited by this Article shall not be considered a
violation under this section.
(e) Notwithstanding the prohibitions specified in this Article
and Article 22 of this Chapter, a political committee organized
under provisions of this Article shall be entitled to receive and
the corporation, business entity, labor union, professional
association, or insurance company designated on the committee's
organizational report as the parent entity of the employees or
members who organized the committee is authorized to give
reasonable administrative support that shall include, but not be
limited to, record keeping, computer services, billings, mailings
to members of the committee, and such other support as is
reasonably necessary for the administration of the committee.
The approximate cost of any record keeping, computer services,
billings, mailings, office supplies, and office space provided on
a continuing basis shall be submitted to the committee, in
writing, and the committee shall include that cost on the annual
report required by G.S. 163-278.9(a)(6). Also included in the
report shall be the approximate allocable portion of the
compensation of any officer or employee of the corporation,
business entity, labor union, professional association, or
insurance company who has devoted more than thirty-five percent
(35%) of his time during normal business hours of the
corporation, business entity, labor union, professional
association, or insurance company during the period covered by
the required report. The approximate cost submitted by the parent
corporation, business entity, labor union, professional
association, or insurance company shall be entered on the
committee's annual report as the final entry on its list of
"contributions" and a copy of the written approximate cost
received by it shall be attached.
The administrative support given by a corporation, business
entity, labor union, professional association, or insurance
company shall be designated on the books of the corporation,
business entity, labor union, professional association, or
insurance company as such and may not be treated by it as a
business deduction for State income tax purposes.
(f) This section does not prohibit a contribution or
independent expenditure by an entity that:
(1) Has as an express purpose promoting social,
educational, or political ideas and not to generate
business income;
(2) Does not have shareholders or other persons which
have an economic interest in its assets and
earnings; and
(3) Was not established by a business corporation, by an
insurance company, by a business entity, including,
but not limited to, those chartered under Chapter
55, Chapter 55A, Chapter 55B, or Chapter 58 of the
General Statutes, by a professional association, or
by a labor union and does not receive substantial
revenue from such entities. Substantial revenue is
rebuttably presumed to be more than ten percent
(10%) of total revenues in a calendar year. (1973,
c. 1272, s. 1; 1975, c. 565, s. 6; 1979, c. 517, ss.
1, 2; 1985, c. 354; 1987, c. 113, s. 3; c. 565, s.
16; 1993, c. 539, ss. 1115, 1116; c. 553, s. 69;
1994, Ex. Sess., c. 24, s. 14(c); 1999-31, ss. 4(d),
5(a), 6(b).)
§ 163-278.19A. Contributions allowed.
Notwithstanding any other provision of this Chapter, it is
lawful for any person as defined in G.S. 163-278.6(13) to
contribute to a referendum committee. (1979, c. 1073, s. 7.)
§ 163-278.19B. Political party headquarters building funds.
Notwithstanding the provisions of G.S. 163-278.19, a
person prohibited by that section from making a contribution may
donate to political parties and political parties may accept from
such a person money and other things of value donated to a
political party headquarters building fund. Donations to the
political party headquarters building fund shall be subject to
all the following rules:
(1) The donations solicited and accepted are designated
to the political party headquarters building fund.
(2) Potential donors to that fund are advised that all
donations will be exclusively for the political
party headquarters building fund.
(3) The political party establishes a separate
segregated bank account into which shall be
deposited only donations for the political party
headquarters building fund from persons prohibited
by G.S. 163-278.19 from making contributions.
(4) The donations deposited in the separate segregated
bank account for the political party headquarters
building fund will be spent only to purchase a
headquarters building, to construct a headquarters
building, to renovate a headquarters building, to
pay a mortgage on a headquarters building, or to
repay donors if a headquarters building is not
purchased, constructed, or renovated. Donations
deposited into that account shall not be used for
headquarters rent, utilities, or equipment other
than fixtures.
(5) The political party executive committee shall report
donations to and spending by a political party
headquarters building fund on every report required
to be made by G.S. 163-278.9. If a committee is
excused from making general campaign finance reports
under G.S. 163-278.10A, that committee shall
nonetheless report donations in any amount to and
spending in any amount by the political party
headquarters building fund at the times required for
reports in G.S. 163-278.9.
If all the criteria set forth in subdivisions (1) through (5) of
this section are complied with, then donations to and spending by
a political party headquarters building fund do not constitute
contributions or expenditures as defined in G.S. 163-278.6. If
those criteria are complied with, then donations may be made to a
political party headquarters building fund. (1999-426, s. 9(a).)
§ 163-278.20. Disclosure before soliciting contributions.
(a)It shall be unlawful for one or more individuals acting
in concert, or for any group, committee, club or organization, of
any type or nature, of two or more individuals, to solicit,
attempt to solicit, or receive contributions for the purpose of
supporting a candidate, political committee, referendum
committee, or political party without first clearly advising
those solicited as follows:
(1) The name of the candidate(s) for whom the
contribution will be used; or
(2) The name of the political committee or party for
which the funds will be used; or
(3) That a decision will be reached later as to the
candidate(s), political committee(s), or political
party(ies) to be supported and that the
contributions solicited will be expended in a manner
and for a purpose to be determined at a future date
but no later than 20 days prior to the pending
primary or general election; or
(4) The name of the referendum committee for which the
funds will be used.
(b) A violation of this section is a Class 2 misdemeanor.
(1973, c. 1272, s. 1; 1979, s. 1073, ss. 10, 19; 1989, c. 94;
1993, c. 539, s. 1117; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 163-278.21. Promulgation of policy and administration
through State Board of Elections.
The State Board of Elections shall have responsibility,
adequate staff, equipment and facilities, for promulgating all
regulations necessary for the enforcement and administration of
this Article and to prevent the circumvention of the provisions
of this Article. The State Board of Elections shall empower the
Executive Secretary-Director with the responsibility for the
administrative operations required to administer this Article and
may delegate or assign to him such other duties from time to time
by regulations or orders of the State Board of Elections. (1973,
c. 1272, s. 1; 1975, c. 798, s. 7; 1999-453, s. 5(c).)
§ 163-278.22. Duties of State Board.
It shall be the duty and power of the State Board:
(1) To prescribe forms of statements and other
information required to be filed by this Article, to
furnish such forms to the county boards of elections
and individuals, media or others required to file
such statements and information, and to prepare,
publish and distribute or cause to be distributed to
all candidates at the time they file notices of
candidacy a manual setting forth the provisions of
this Article and a prescribed uniform system for
accounts required to file statements by this
Article;
(2) To accept and file any information voluntarily
supplied that exceeds the requirements of this
Article;
(3) To develop a filing, coding, and cross-indexing
system consonant with the purposes of this Article;
(4) To make statements and other information filed with
it available to the public at a charge not to exceed
actual cost of copying;
(5) To preserve reports and statements filed under this
Article. Such reports and statements, after a period
of two years following the election year, may be
transferred to the Department of Cultural Resources,
Division of Archives and History, and shall be
preserved for a period of 10 years.
(6) To prepare and publish such reports as it may deem
appropriate;
(7) To make investigations to the extent the Board deems
necessary with respect to statements filed under the
provisions of this Article and with respect to
alleged failures to file any statement required
under the provisions of this Article, and, upon
complaint under oath by any registered voter, with
respect to alleged violations of any part of this
Article; and
(8) After investigation, to report apparent violations
by candidates, political committees, referendum
committees, individuals or persons to the proper
district attorney as provided in G.S. 163-278.27.
(9) To prescribe and furnish forms of statements and
other material to the county boards of elections for
distribution to candidates and committees required
to be filed with the county boards.
(10) To instruct the chairman and director of elections
of each county board as to their respective duties
and responsibilities relative to the administration
of this Article.
(11) To require appropriate certification of delinquent
or late filings from the county boards of elections
and to execute the same responsibilities relative to
such reports as provided in G.S. 163-278.27.
(12) To assist county boards of elections in resolving
questions arising from the administration of this
Article.
(13) To require county boards of elections to hold such
hearings, make such investigations, and make reports
to the State Board as the State Board deems
necessary in the administration of this Article.
(14) To calculate, assess, and collect civil penalties
pursuant to this Article. (1973, c. 1272, s. 1;
1975, c. 798, s. 8; 1977, c. 626, s. 1; 1979, c.
500, ss. 9, 12, 13; c. 1073, s. 18; 1995, c. 243, s.
1; 1997-515, s. 7(e).)
§ 163-278.23. Duties of Executive Secretary-Director of
Board.
The Executive Secretary-Director of the Board shall
inspect or cause to be inspected each statement filed with the
Board under this Article within 30 days after the date it is
filed. The Executive Secretary-Director shall advise, or cause to
be advised, no more than 30 days and at least five days before
each report is due, each candidate or treasurer whose
organizational report has been filed, of the specific date each
report is due. He shall immediately notify any individual,
candidate, treasurer, political committee, referendum committee,
media, or other entity that may be required to file a statement
under this Article if:
(1) It appears that the individual, candidate,
treasurer, political committee, referendum
committee, media, or other entity has failed to file
a statement as required by law or that a statement
filed does not conform to this Article; or
(2) A written complaint is filed under oath with the
Board by any registered voter of this State alleging
that a statement filed with the Board does not
conform to this Article or to the truth or that an
individual, candidate, treasurer, political
committee, referendum committee, media, or other
entity has failed to file a statement required by
this Article.
The entity that is the subject of the complaint will be given
an opportunity to respond to the complaint before any action is
taken requiring compliance.
The Executive Secretary-Director of the Board of Elections
shall issue written opinions to candidates, the communications
media, political committees, referendum committees, or other
entities upon request, regarding filing procedures and compliance
with this Article. Any such opinion so issued shall specifically
refer to this paragraph. If the candidate, communications media,
political committees, referendum committees, or other entities
rely on and comply with the opinion of the Executive Secretary-
Director of the Board of Elections, then prosecution or civil
action on account of the procedure followed pursuant thereto and
prosecution for failure to comply with the statute inconsistent
with the written ruling of the Executive Secretary-Director of
the Board of Elections issued to the candidate or committee
involved shall be barred. Nothing in this paragraph shall be
construed to prohibit or delay the regular and timely filing of
reports. The Executive Secretary-Director shall file all opinions
issued pursuant to this section with the Codifier of Rules to be
published unedited in the North Carolina Register and the North
Carolina Administrative Code. (1973, c. 1272, s. 1; 1975, c. 334;
c. 565, s. 4; 1979, c. 500, s. 7; c. 1073, ss. 12, 13, 17; 1985,
c. 759, s. 6.1; 1999-424, s. 6(c); 1999-453, s. 5(b); 1999-456,
s. 63.)
§ 163-278.24. Statements examined within four months.
Within four months after the date of each election or
referendum, the Executive Secretary-Director shall examine or
cause to be examined each statement filed with the Board under
this Article, and, referring to the election or referendum,
determine whether the statement conforms to law and to the truth.
(1973, c. 1272, s. 1; 1979, c. 500, s. 8; c. 1073, s. 14; 1985,
c. 183, s. 3.)
§ 163-278.25. Issuance of declaration of nomination or
certificate of election.
No declaration of nomination and no certificate of
election shall be granted to any candidate until the candidate or
his treasurer has filed the statements referring to the election
he is required to file under this Article. Within 24 hours after
reaching a decision that a declaration of nomination or
certificate of election should not be granted, the Board shall
give written notice of that decision, by telegraph or certified
mail, to the candidate and the candidate's treasurer. Failure to
grant certification shall not affect a successful candidate's
title to an office to which he has been otherwise duly elected.
(1973, c. 1272, s. 1.)
§ 163-278.26. Appeals from State Board of Elections; early
docketing.
Any candidate for nomination or election who is denied a
declaration of nomination or certificate of election, pursuant to
G.S. 163-278.25, may, within five days after the action of the
Board under that section, appeal to the Superior Court of Wake
County for a final determination of any questions of law or fact
which may be involved in the Board's action. The cause shall be
entitled "In the Matter of the Candidacy of ______ ." It shall be
placed on the civil docket of that court and shall have
precedence over all other civil actions. In the event of an
appeal, the chairman of the Board shall certify the record to the
clerk of that court within five days after the appeal is noted.
The record on appeal shall consist of all reports filed by the
candidate or his treasurer with the Board pursuant to this
Article, and a memorandum of the Board setting forth with
particularity the reasons for its action in denying the candidate
a declaration of nomination or certificate of election. Written
notice of the appeal shall be given to the Board by the candidate
or his attorney, and may be effected by mail or personal
delivery. On appeal, the cause shall be heard de novo. (1973, c.
1272, s. 1.)
§ 163-278.27. Penalty for violations; duty to report and
prosecute.
(a)Any individual, candidate, political committee,
referendum committee, treasurer, person or media who violates the
applicable provisions of G.S. 163-278.7, 163-278.8, 163-278.9,
163-278.10, 163-278.11, 163-278.12, 163-278.14, 163-278.16, 163-
278.17, 163-278.18, 163-278.39, 163-278.40A, 163-278.40B, 163-
278.40C, 163-278.40D or 163-278.40E is guilty of a Class 2
misdemeanor.
(b) Whenever the Board has knowledge of or has reason to
believe there has been a violation of any section of this
Article, it shall report that fact, together with accompanying
details, to the following prosecuting authorities:
(1) In the case of a candidate for nomination or
election to the State Senate or State House of
Representatives: report to the district attorney of
the prosecutorial district in which the candidate
for nomination or election resides;
(2) In the case of a candidate for nomination or
election to the office of Governor, Lieutenant
Governor, Secretary of State, State Auditor, State
Treasurer, State Superintendent of Public
Instruction, State Attorney General, State
Commissioner of Agriculture, State Commissioner of
Labor, State Commissioner of Insurance, and all
other State elective offices, Justice of the Supreme
Court, Judge of the Court of Appeals, judge of a
superior court, judge of a district court, and
district attorney of the superior court: report to
the district attorney of the prosecutorial district
in which Wake County is located;
(3) In the case of an individual other than a candidate,
including, without limitation, violations by members
of political committees, referendum committees or
treasurers: report to the district attorney of the
prosecutorial district in which the individual
resides; and
(4) In the case of a person or any group of individuals:
report to the district attorney or district
attorneys [of] the prosecutorial district or
districts in which any of the officers, directors,
agents, employees or members of the person or group
reside.
(c) Upon receipt of such a report from the Board, the
appropriate district attorney shall prosecute the individual or
persons alleged to have violated a section or sections of this
Article. (1973, c. 1272, s. 1; 1979, c. 500, s. 10; c. 1073, ss.
15, 19; 1981, c. 837, s. 4; 1987, c. 565, s. 17; 1993, c. 539, s.
1118; 1994, Ex. Sess., c. 24, s. 14(c); 1999-453, s. 2(c).)
§ 163-278.28. Issuance of injunctions; special prosecutors
named.
(a)The superior courts of this State shall have
jurisdiction to issue injunctions or grant any other equitable
relief appropriate to enforce the provisions of this Article upon
application by any registered voter of the State.
(b) If the Board makes a report to a district attorney under
G.S. 163-278.27 and no prosecution is initiated within 45 days
after the report is made, any registered voter of the
prosecutorial district to whose district attorney a report has
been made, or any board of elections in that district, may, by
verified affidavit, petition the superior court for that district
for the appointment of a special prosecutor to prosecute the
individuals or persons who have or who are believed to have
violated any section of this Article. Upon receipt of a petition
for the appointment of a special prosecutor, the superior court
shall issue an order to show cause, directed at the individuals
or persons alleged in the petition to be in violation of this
Article, why a special prosecutor should not be appointed. If
there is no answer to the order, the court shall appoint a
special prosecutor. If there is an answer, the court shall hold a
hearing on the order, at which both the petitioning and answering
parties may be heard, to determine whether a prima facie case of
a violation and failure to prosecute exists. If there is such a
prima facie case, the court shall so find and shall thereupon
appoint a special prosecutor to prosecute the alleged violators.
The special prosecutor shall take the oath required of assistant
district attorneys by G.S. 7A-63, shall serve as an assistant
district attorney pro tem of the appropriate district, and shall
prosecute the alleged violators. (1973, c. 1272, s. 1; 1979, c.
500, s. 11.)
§ 163-278.29. Compelling self-incriminating testimony;
individual so testifying excused from prosecution.
No individual shall be excused from attending or
testifying or producing any books, papers, or other documents
before any court upon any proceeding or trial of another for the
violation of any of the provisions of this Article, upon the
ground or for the reason that the testimony or evidence,
documentary or otherwise, required of him may tend to incriminate
him, but such individual may be subpoenaed and required to
testify by and for the State relative to any offense arising
under the provisions of this Article; but such individual shall
not be prosecuted or subjected to any penalty or forfeiture for
or on account of any transaction, matter or thing concerning
which he may be compelled to testify or produce evidence,
documentary or otherwise, and no compelled testimony so given or
produced shall be used against him upon any criminal proceeding,
but such individual so compelled to testify with respect to any
acts of his own shall be immune from prosecution on account
thereof. (1973, c. 1272, s. 1.)
§ 163-278.30. Candidates for federal offices to file
information reports.
Candidates for nomination in a party primary or for
election in a general or special election to the offices of
United States Senator, member of the United States House of
Representatives, President or Vice-President of the United States
shall file with the Board all reports they or political committee
treasurers or other agents acting for them are required to file
under the Federal Election Campaign Act of 1971, P.L. 92-225, as
amended (T. 2, U.S.C. section 439). Those reports shall be filed
with the Board at the times required by that act. The Board
shall, with respect to those reports, have the following duties
only:
(1) To receive and maintain in an orderly manner all
reports and statements required to be filed with it;
(2) To preserve reports and statements filed under the
Federal Election Campaign Act. Such reports and
statements, after a period of two years following
the election year, may be transferred to the
Department of Cultural Resources, Division of
Archives and History, and shall be preserved for a
period of 10 years or for such period as may be
required by federal law.
(3) To make the reports and statements filed with it
available for public inspection and copying during
regular office hours, commencing as soon as
practicable but not later than the end of the day
during which they were received, and to permit
copying of any such report or statement by hand or
by duplicating machine, requested by any individual,
at the expense of such individual; and
(4) To compile and maintain a current list of all
statements or parts of statements pertaining to each
candidate. (1973, c. 1272, s. 1; 1979, c. 500, s.
14.)
§ 163-278.31: Repealed by Session Laws 1985, c. 183, s. 4.
§ 163-278.32. Statements under oath.
Any statement required to be filed under this Article
shall be signed and certified as true and correct by the
individual, media, candidate, treasurer or others required to
file it, and shall be verified by the oath or affirmation of the
individual, media, candidate, treasurer or others filing the
statement, taken before any officer authorized to administer
oaths; provided further that the candidate shall certify as true
and correct to the best of his knowledge the organizational
report and appointment of treasurer filed for the candidate or
the candidate's principal campaign committee. (1973, c. 1272, s.
1; 1999-426, s. 10(a).)
§ 163-278.33. Applicability of Article 22.
Sections 163-271 through 163-278 shall be applicable to
the offices covered by this Article and G.S. 163-269 through 163-
278 shall be applicable to all elective offices not covered by
this Article. (1973, c. 1272, s. 3; 1975, c. 50; c. 565, s. 10.)
§ 163-278.34. Filings; penalty for late filings.
(a)Except as provided in G.S. 163-278.9, all reports,
statements or other documents required by this Article to be
filed with the Board shall be filed either by manual delivery to
or by mail addressed to the Board. Timely filing shall be
complete if postmarked on the day the reports, statements or
other documents are to be delivered to the Board. If a report,
statement or other document is not filed within the time required
by this Article, then the individual, person, media, candidate,
political committee, referendum committee or treasurer
responsible for filing shall pay to the State Board of Elections
election enforcement costs and a civil late penalty as follows:
(1) Two hundred fifty dollars ($250.00) per day for each
day the filing is late for a report that affects
statewide elections, not to exceed a total of ten
thousand dollars ($10,000); and
(2) Fifty dollars ($50.00) per day for each day the
filing is late for a report that affects only
nonstatewide elections, not to exceed a total of
five hundred dollars ($500.00).
The State Board shall immediately notify, or cause to be
notified, late filers, from which reports are apparently due, by
registered or certified mail, return receipt requested, of the
penalties under this section.
(a1)The State Board shall calculate and assess the amount of
the civil penalty due under subsection (a) of this section and
shall notify the person who is assessed the civil penalty of the
amount. The notice of assessment shall be served by any means
authorized under G.S. 1A-1, Rule 4, and shall direct the violator
either to pay the assessment or to contest the assessment within
30 days by filing a petition for a contested case under Article 3
of Chapter 150B of the General Statutes. If a violator does not
pay a civil penalty assessed by the Board within 30 days after it
is due, the Board shall request the Attorney General to institute
a civil action to recover the amount of the assessment. The civil
action may be brought in the superior court of any county where
the report was due to be filed or any county where the violator
resides or maintains an office. A civil action must be filed
within three years of the date the assessment was due. An
assessment that is not contested is due when the violator is
served with a notice of assessment. An assessment that is
contested is due at the conclusion of the administrative and
judicial review of the assessment. Consistent with G.S. 115C-437,
the State Controller shall pay the clear proceeds of civil
penalties collected under this section to the County School Fund
in the county in which the person charged with the violation
resides. The State Controller shall reduce the monies collected
by the enforcement costs and the collection costs to determine
the clear proceeds payable to the County School Fund. Monies set
aside for the costs of enforcement and the costs of collection
shall be credited to accounts of the State Board of Elections.
(b) The State Board of Elections may waive a late penalty if
it determines there is reasonable cause. (1973, c. 1272, s. 1;
1975, c. 565, s. 5; 1979, c. 1073, s. 19; 1997-515, s. 7(a).)
§ 163-278.34A. Presumptions.
In any proceeding brought pursuant to this Article in
which a presumption arises from the proof of certain facts, the
defendant may offer some evidence to rebut the presumption, but
the State bears the ultimate burden of proving the essential
elements of its case. (1999-31, s. 1(c); 1999-453, s. 3.1(a).)
§ 163-278.35. Preservation of records.
All reports, records and accounts required by this Article
to be made, kept, filed, or maintained by any individual, media,
candidate or treasurer shall be preserved and retained by the
individual, media, candidate or treasurer for at least two years
counting from the date of the election to which such reports,
records and accounts refer. (1973, c. 1272, s. 1.)
§ 163-278.36. Elected officials to report funds.
All donations to, and all payments from any "booster
fund," "support fund," "unofficial office account" or any other
similar source made or used in support of an individual's
candidacy for elective office, or in support of an individual's
duties and activities while in an elective office shall be deemed
contributions and expenditures as defined in this Article and
shall be reported as contributions and expenditures as required
by this Article. The reports due in January and July of each year
shall show the balance of each separate fund or account
maintained on behalf of the elected office holder. (1977, c. 615;
1999-31, s. 4(c).)
§ 163-278.37. County boards of elections to preserve reports.
The county boards of elections shall preserve all reports
and statements filed with them pursuant to this Article for such
period of time as directed by the State Board of Elections.
(1979, c. 500, s. 15.)
§ 163-278.38. Effect of failure to comply.
The failure to comply with the provisions of this Article
shall not invalidate the results of any referendum. (1979, c.
1073, s. 11.)
Part 1A. Disclosure Requirements for Media Advertisements.
§ 163-278.39. Basic disclosure requirements for all political
campaign advertisements.
(a)Basic Requirements. – It shall be unlawful for any
sponsor to sponsor an advertisement in the print media or on
radio or television that constitutes an expenditure or
contribution required to be disclosed under this Article unless
all the following conditions are met:
(1) It bears the legend or includes the statement: "Paid
for by ____________ [Name of candidate, candidate
campaign committee, political party organization,
political action committee, referendum committee,
individual, or other sponsor]." In television
advertisements, this disclosure shall be made by
visual legend.
(2) The name used in the labeling required in
subdivision (1) of this subsection is the name that
appears on the statement of organization as required
in G.S. 163-278.7(b)(1).
(3) The sponsor states in the advertisement its position
for or against the candidate, provided that this
subdivision applies only if the advertisement
supports or opposes the nomination or election of
one or more clearly identified candidates.
(4) The sponsor states in the advertisement its position
for or against a ballot measure, provided that this
subdivision applies only if the advertisement is
made for or against a ballot measure.
(5) In a print media advertisement supporting or
opposing the nomination or election of one or more
clearly identified candidates, the sponsor states
whether it is authorized by a candidate. The visual
legend in the advertisement shall state either
"Authorized by [name of candidate], candidate for
[name of office]" or "Not authorized by a
candidate." This subdivision does not apply if the
sponsor of the advertisement is the candidate the
advertisement supports or that candidate's campaign
committee.
(6) In a print media advertisement that identifies a
candidate the sponsor is opposing, the sponsor
discloses in the advertisement the name of the
candidate who is intended to benefit from the
advertisement. This subdivision applies only when
the sponsor coordinates or consults about the
advertisement or the expenditure for it with the
candidate who is intended to benefit.
If an advertisement described in this section is jointly
sponsored, the disclosure statement shall name all the sponsors.
(b) Size Requirements. – In a print media advertisement
covered by subsection (a) of this section, the height of all
disclosure statements required by that subsection shall
constitute at least five percent (5%) of the height of the
printed space of the advertisement, provided that the type shall
in no event be less than 12 points in size. If a single
advertisement consists of multiple pages, folds, or faces, the
disclosure requirement of this section applies only to one page,
fold, or face. In a television advertisement covered by
subsection (a) of this section, the visual disclosure legend
shall constitute 32 scan lines in size. In a radio advertisement
covered by subsection (a) of this section, the disclosure
statement shall last at least three seconds.
(c) Misrepresentation of Authorization. – Notwithstanding G.S.
163-278.27(a), any candidate, candidate campaign committee,
political party organization, political action committee,
referendum committee, individual, or other sponsor making an
advertisement in the print media or on radio or television
bearing any legend required by subsection (a) of this section
that misrepresents the sponsorship or authorization of the
advertisement is guilty of a Class 1 misdemeanor. (1999-453, s.
2(a).)
§ 163-278.39A. Disclosure requirements for television and
radio advertisements supporting or opposing the
nomination or election of one or more clearly identified
candidates.
(a)Expanded Disclosure Requirements. – Any political
campaign advertisement on radio or television shall comply with
the expanded disclosure requirements set forth in this section.
To the extent that it provides the same information required by
G.S. 163-278.39, a statement made pursuant to this section
satisfies the requirements of G.S. 163-278.39 for the same
advertisement.
(b) Disclosure Requirements for Television. –
(1) Candidate advertisements on television. – Television
advertisements purchased by a candidate or by a
candidate campaign committee supporting or opposing
the nomination or election of one or more clearly
identified candidates shall include a disclosure
statement spoken by the candidate and containing at
least the following words: "I am (or "This
is________") [name of candidate], candidate for
[name of office], and I (or "my campaign________")
sponsored this ad." This subdivision applies only to
an advertisement that mentions the name of, shows
the picture of, transmits the voice of, or otherwise
refers to an opposing candidate for the same office
as the sponsoring candidate.
(2) Political party advertisements on television. –
Television advertisements purchased by a political
party organization supporting or opposing the
nomination or election of one or more clearly
identified candidates shall include a disclosure
statement spoken by the chair, executive director,
or treasurer of the political party organization and
containing at least the following words: "The [name
of political party organization] sponsored this ad
opposing/supporting [name of candidate] for [name of
office]." The disclosed name of the political party
organization shall include the name of the political
party as it appears on the ballot.
(3) Political action committee advertisements on
television. – Television advertisements purchased by
a political action committee supporting or opposing
the nomination or election of one or more clearly
identified candidates shall include a disclosure
statement spoken by the chief executive officer or
treasurer of the political action committee and
containing at least the following words: "The [name
of political action committee] political action
committee sponsored this ad opposing/supporting
[name of candidate] for [name of office]." The name
of the political action committee used in the
advertisement shall be the name that appears on the
statement of organization as required in G.S. 163-
278.7(b)(1).
(4) Advertisements on television by an individual. –
Television advertisements purchased by an individual
supporting or opposing the nomination or election of
one or more clearly identified candidates shall
include a disclosure statement spoken by the
individual and containing at least the following
words: "I am [individual's name], and I sponsored
this advertisement opposing/supporting [name of
candidate] for [name of office]."
(5) Advertisements on television by another sponsor. –
Television advertisements purchased by a sponsor
other than a candidate, a candidate campaign
committee, a political party organization, a
political action committee, or an individual which
supports or opposes the nomination or election of
one or more clearly identified candidates shall
include a disclosure statement spoken by the chief
executive or principal decision maker of the sponsor
and containing at least the following words: "[Name
of sponsor] sponsored this ad."
(6) All advertisements on television. – In any
television advertisement described in subdivisions
(1) through (4) of this subsection, an unobscured,
full-screen picture containing the disclosing
individual, either in photographic form or through
the actual appearance of the disclosing individual
on camera, shall be featured throughout the duration
of the disclosure statement.
(c) Disclosure Requirements for Radio. –
(1) Candidate advertisements on radio. – Radio
advertisements purchased by a candidate or by a
candidate campaign committee supporting or opposing
the nomination or election of one or more clearly
identified candidates shall include a disclosure
statement spoken by the candidate and containing at
least the following words: "I am (or "This
is________") [name of candidate], candidate for
[name of office], and this ad was paid for (or
"sponsored" or "furnished") by [name of candidate
campaign committee that paid for the
advertisement]." This subdivision applies only to an
advertisement that mentions the name of, transmits
the voice of, or otherwise refers to an opposing
candidate for the same office as the sponsoring
candidate.
(2) Political party advertisements on radio. – Radio
advertisements purchased by a political party
organization supporting or opposing the nomination
or election of one or more clearly identified
candidates shall include a disclosure statement
spoken by the chair, executive director, or
treasurer of the political party organization and
containing at least the following words: "This ad
opposing/supporting [name of candidate] for [name of
office] was paid for (or "sponsored" or "furnished")
by [name of political party]." The disclosed name of
the political party organization shall include the
name of the political party as it appears on the
ballot.
(3) Political action committee advertisements on radio.
– Radio advertisements purchased by a political
action committee supporting or opposing the
nomination or election of one or more clearly
identified candidates shall include a disclosure
statement spoken by the chief executive officer or
treasurer of the political action committee and
containing at least the following words: "This ad
opposing/supporting [name of candidate] for [name of
office] was paid for (or "sponsored" or "furnished")
by [name of political action committee] political
action committee." The name of the political action
committee used in the advertisement shall be the
name that appears on the statement of organization
as required by G.S. 163-278.7(b)(1).
(4) Advertisements on radio by an individual. – Radio
advertisements purchased by an individual supporting
or opposing the nomination or election of one or
more clearly identified candidates shall include a
disclosure statement spoken by the individual and
containing at least the following words: "I am
[individual's name], and this ad opposing/supporting
[name of candidate] for [name of office] was paid
for (or "sponsored" or "furnished") by me."
(5) Advertisements on radio by another sponsor. – Radio
advertisements purchased by a sponsor other than a
candidate, a candidate campaign committee, a
political party organization, a political action
committee, or an individual which supports or
opposes the nomination or election of one or more
clearly identified candidates shall include a
disclosure statement spoken by the chief executive
or principal decision maker of the sponsor and
containing at least the following words: "[Name of
sponsor] paid for (or "sponsored" or "furnished")
this ad."
(d) Placement of Disclosure Statement in Television and Radio
Advertisements. – In advertisements on television, a sponsor may
place the disclosure statement required by this section at any
point during the advertisement, except if the duration of the
advertisement is more than five minutes, the disclosure statement
shall be made both at the beginning and end of the advertisement.
The sponsor may provide the oral disclosure statement required by
this section at the same time as the visual disclosure required
under the Communications Act of 1934, 47 U.S.C. §§ 315 and 317,
is shown. But any visual disclosure legend shall be at least 32
scan lines in size. For advertisements on radio, the placement of
the oral disclosure statement shall comply with the requirements
of the Communications Act of 1934, 47 U.S.C. §§ 315 and 317.
(e) Choice of Supporting or Opposing a Candidate. – In its
oral disclosure statement, a sponsoring political party
organization, political action committee, individual, or other
noncandidate sponsor shall choose either to identify an
advertisement as supporting or opposing the nomination or
election of one or more clearly identified candidates.
(e1)Joint Sponsors. – If an advertisement described in this
section is jointly sponsored, the disclosure statement shall name
all the sponsors and the disclosing individual shall be one of
those sponsors. If a candidate is one of the sponsors, that
candidate shall be the disclosing individual, and if more than
one candidate is the sponsor, at least one of the candidates
shall be the disclosing individual.
(f) Legal Remedy. – Pursuant to the conditions established in
subdivisions (1), (2), and (3) of this subsection, a candidate
for an elective office who complied with the television and radio
disclosure requirements throughout that candidate's entire
campaign shall have a monetary remedy in a civil action against
(i) an opposing candidate or candidate committee whose television
or radio advertisement violates these disclosure requirements and
(ii) against any political party organization, political action
committee, individual, or other sponsor whose advertisement for
that elective office violates these disclosure requirements:
(1) Any plaintiff candidate in a statewide race in an
action under this section shall complete and file a
Notice of Complaint Regarding Failure to Disclose on
Television or Radio Campaign Advertising with the
State Board of Elections after the airing of the
advertisement but no later than the first Friday
after the Tuesday on which the election occurred.
Candidates in nonstatewide races may file the notice
during the same time period with one county board of
elections within the electoral area in which they
are candidates. The timely filing of this notice
preserves the candidate's right to bring an action
in superior court any time within 90 days after the
election. A candidate shall bring the civil action
in the county where the candidate filed the notice.
(2) Upon receiving a favorable verdict in accordance
with existing law, the plaintiff candidate shall
receive a monetary award of actual damages. The
price of actual damages shall be calculated as the
total dollar amount of television and radio
advertising time that was aired and that the
plaintiff candidate correctly identifies as being in
violation of the disclosure requirements of this
section.
The plaintiff candidate shall also receive an
award that trebles the amount of actual damages if:
a. The plaintiff candidate can establish having
notified or attempted to notify the sponsor of
the advertisement properly by return-receipt
mail about the failure of a particular
advertisement or advertisements to comply with
the disclosure requirements of this section,
and
b. After the notice or attempted notice, the
advertisement continued to be aired.
The treble damages shall be calculated from the date
on which the return-receipt notice was accepted or
rejected by a defendant sponsoring candidate or
candidate committee, political party organization,
political action committee, or individual. The
plaintiff candidate or candidate committee shall
send a copy of any return-receipt mailing to the
relevant board of elections as provided in
subdivision (1) of this subsection within five days
after the notice is returned to the possession of
the candidate or candidate committee.
The plaintiff candidate may bring the civil
action personally or authorize his or her candidate
campaign committee to bring the civil action.
(3) A candidate who violates the disclosure requirements
of State law in this section and that candidate's
campaign committee shall be jointly and severally
liable for the payment of damages and attorneys'
fees. If the candidate is held personally liable for
any payment of damages or attorneys' fees, the
candidate shall not use or be reimbursed by funds
from the candidate's campaign committee in paying
any amount.
(g) Relation to the Communications Act of 1934. – Television
advertisements by a sponsor supporting or opposing the nomination
or election of one or more clearly identified candidates shall
comply with the oral disclosure requirements under State law in
this section. Those advertisements shall also comply with
disclosure requirements under the Communications Act of 1934, 47
U.S.C. §§ 315 and 317 by use of visual legends. The content of
those visual legends is specified by the Communications Act of
1934, 47 U.S.C. §§ 315 and 317, and G.S. 163-278.39(a)(1). The
size of those visual legends is determined by G.S. 163-278.39(b),
which satisfies requirements under the Communications Act of
1934, 47 U.S.C. §§ 315 and 317. In the case of radio
advertisements, the oral disclosure requirements under State law
in this section incorporate the content requirements under the
Communications Act of 1934, 47 U.S.C. §§ 315 and 317.
(h) No Additional Liability of Television or Radio Outlets. –
Television or radio outlets shall not be liable under this
section for carriage of political advertisements that fail to
include the disclosure requirements provided for in this section.
(i) No Criminal Liability. – Nothing in this section regarding
the disclosure requirements in subsections (b) and (c) of this
section shall be relied upon or otherwise interpreted to create
criminal liability. (1999-453, s. 2(a); 2000-140, ss. 83, 84.)
§ 163-278.39B. Definitions.
As used in this Part:
(1) "Advertisement" means any message appearing in the
print media, on television, or on radio that
constitutes a contribution or expenditure under this
Article.
(2) "Candidate" means any individual who, with respect
to a public office listed in G.S. 163-278.6(18), has
filed a notice of candidacy or a petition requesting
to be a candidate, or has been certified as a
nominee of a political party for a vacancy, or has
otherwise qualified as a candidate in a manner
authorized by law, or has filed a statement of
organization under G.S. 163-278.7 and is required to
file periodic financial disclosure statements under
G.S. 163-278.9.
(3) "Candidate campaign committee" means any political
committee organized by or under the direction of a
candidate.
(4) "Full-screen" means the only picture appearing on
the television screen during the oral disclosure
statement contains the disclosing person, that the
picture occupies all visible space on the television
screen, and that the image of the disclosing person
occupies at least fifty percent (50%) of the
vertical height of the television screen.
(5) "Political action committee" has the same meaning as
"political committee" in G.S. 163-278.6(14), except
that "political action committee" does not include
any political party or political party organization.
(6) "Political party organization" means any political
party executive committee or any political committee
that operates under the direction of a political
party executive committee or political party chair.
(7) "Print media" means billboards, cards, newspapers,
newspaper inserts, magazines, mass mailings,
pamphlets, fliers, periodicals, and outdoor
advertising facilities. A "mass mailing" is a
mailing with more than 500 pieces.
(8) "Radio" means any radio broadcast station that is
subject to the provisions of 47 U.S.C. §§ 315 and
317.
(9) "Scan line" means a standard term of measurement
used in the electronic media industry calculating a
certain area in a television advertisement.
(10) "Sponsor" means a candidate, candidate committee,
political party organization, political action
committee, referendum committee, individual, or
other entity that purchases an advertisement.
(11) "Television" means any television broadcast station,
cable television system, wireless-cable multipoint
distribution system, satellite company, or telephone
company transmitting video programming that is
subject to the provisions of 47 U.S.C. §§ 315 and
317.
(12) "Unobscured" means the only printed material that
may appear on the television screen is a visual
disclosure statement required by law, and nothing is
blocking the view of the disclosing person's face.
(1999-453, s. 2(a).)
§ 163-278.39C. Scope of disclosure requirements.
The disclosure requirements of this Part apply to any
sponsor of an advertisement in the print media or on radio or
television the cost or value of which constitutes an expenditure
or contribution required to be disclosed under this Article,
except that the disclosure requirements of this Part:
(1) Do not apply to an individual who makes
uncoordinated independent expenditures aggregating
less than one thousand dollars ($1,000) in a
political campaign; and
(2) Do not apply to an individual who incurs expenses
with respect to a referendum.
The disclosure requirements of this Part do not apply to any
advertisement the expenditure for which is required to be
disclosed by G.S. 163-278.12A alone and by no other law. (1999-
453, s. 2(a).)
Part 2. Municipal Campaign Reporting.
§ 163-278.40. Definitions.
When used in this Part, words and phrases have the same
meaning as in G.S. 163-278.6, except that:
(1) The term "board" means the county board of
elections;
(2) The term "city" means any incorporated city, town,
or village. (1981, c. 837, s. 3; 1997-515, s. 4(d).)
§ 163-278.40A. Organizational report.
(a)Each candidate and political committee in a city
election shall appoint a treasurer and, under verification,
report the name and address of the treasurer to the board. A
candidate may appoint himself or any other individual, including
any relative except his spouse, as his treasurer. If the
candidate fails to designate a treasurer, the candidate shall be
deemed to have appointed himself as treasurer. A candidate or
political committee may remove his or its treasurer.
(b) The organizational report shall state the bank account and
number of such campaign fund. Each report required by this Part
shall reflect all contributions, expenditures and loans made in
behalf of a candidate. The organizational report shall be filed
with the county board of elections within 10 days after the
candidate files a notice of candidacy with the county board of
elections, or within 10 days following the organization of the
political committee, whichever occurs first. (1981, c. 837, s.
3.)
§ 163-278.40B. Campaign report; partisan election.
In any city election conducted on a partisan basis in
accordance with G.S. 163-279(a)(2) and 163-291, the following
reports shall be filed in addition to the organizational report:
(1) Pre-primary Report. – The treasurer shall file a
report with the board no later than the tenth day
preceding each primary election.
(2) Pre-election Report. – The treasurer shall file a
report 10 days prior to the election, unless a
second primary is held and the candidate appeared on
the ballot in the second primary, in which case the
report shall be filed 10 days before the second
primary.
(3) Repealed by Session Laws 1985, c. 164, s. 2,
effective January 1, 1986.
(4) Annual Report. – If contributions are received or
expenditures made during a calendar year, for which
no reports are otherwise required by this section,
any and all contributions and expenditures shall be
reported by the last Friday in January of the
following year. (1981, c. 837, s. 3; 1985, c. 164,
s. 2; 1987 (Reg. Sess., 1988), c. 1028, s. 7.)
§ 163-278.40C. Campaign report; nonpartisan election and
runoff.
If any city election conducted under the nonpartisan
election and runoff basis in accordance with G.S. 163-279(a)(4)
and 163-293, the following reports shall be filed in addition to
the organizational report:
(1) Pre-election Report. – The treasurer shall file a
report with the board no later than 10 days prior to
the election.
(2) Repealed by Session Laws 1985, c. 164, s. 3,
effective January 1, 1986.
(3) Annual Report. – If contributions are received or
expenditures made during a calendar year, for which
no reports are otherwise required by this section,
any and all such contributions and expenditures
shall be reported by the last Friday in January of
the following year. (1981, c. 837, s. 3; 1985, c.
164, s. 3; 1987 (Reg. Sess., 1988), c. 1028, s. 8.)
§ 163-278.40D. Campaign report; nonpartisan primary and
elections.
In any city election conducted under the nonpartisan
primary method in accordance with G.S. 163-279(a)(3) and 163-294,
the following reports shall be filed in addition to the
organizational report:
(1) Pre-primary Report. – The treasurer shall file a
report 10 days prior to the primary if the candidate
is in a primary or 10 days prior to the election, if
the candidate is not in a primary.
(2) Repealed by Session laws 1985, c. 164, s. 4,
effective January 1, 1986.
(3) Annual Report. – If contributions are received or
expenditures made during a calendar year, for which
no reports are otherwise required by this section,
any and all contributions and expenditures shall be
reported by the last Friday in January of the
following year. (1981, c. 837, s. 3; 1985, c. 164,
s. 4; 1987 (Reg. Sess., 1988), c. 1028, s. 9.)
§ 163-278.40E. Campaign report; nonpartisan plurality.
In any city election conducted under the nonpartisan
plurality method under G.S. 163-279(a)(1) and 163-292, the
following reports shall be filed in addition to the
organizational report:
(1) Pre-election Report. – The treasurer shall file a
report 10 days prior to the election.
(2) Repealed by Session Laws 1985, c. 164, s. 5,
effective January 1, 1986.
(3) Annual Report. – If contributions are received or
expenditures made during a calendar year, for which
no reports are otherwise required by this section,
any and all such contributions and expenditures
shall be reported by the last Friday in January of
the following year. (1981, c. 837, s. 3; 1985, c.
164, s. 5; 1987 (Reg. Sess., 1988), c. 1028, s. 10.)
§ 163-278.40F. Form of report.
Forms of reports under this Part shall be prescribed by
the board. (1981, c. 837, s. 3.)
§ 163-278.40G. Content.
Except as otherwise provided in this Part, each report
shall be current within seven days prior to the date the report
is due and shall list all contributions received and expenditures
made which have not been previously reported. (1981, c. 837, s.
3.)
§ 163-278.40H. Notice of reports due.
The director of the board shall advise, or cause to be
advised, no less than five days nor more than 15 days before each
report is due each candidate or treasurer whose organizational
report has been filed under G.S. 163-278.40A of the specific date
each report is due. He shall immediately notify any individual,
candidate, treasurer, or political committee, to file a statement
under this Part if:
(1) It appears that the individual, candidate,
treasurer, or political committee has failed to file
a statement as required by law or that a statement
filed does not conform to this Part; or
(2) A written complaint is filed under oath with the
board by any registered voter of this State alleging
that a statement filed with the board does not
conform to this Part or to the truth or that an
individual, candidate, treasurer, or political
committee has failed to file a statement required by
this Part. (1981, c. 837, s. 3; 1995, c. 243, s. 1.)
§ 163-278.40I. Part 1 to apply.
(a)Except as provided in this Part or in G.S. 163-
278.9(d), the provisions of Part 1 shall apply to municipal
elections covered by this Part.
(b) G.S. 163-278.7, 163-278.9(a), (b) and (c), 163-278.22(1)
and (9), the first paragraph of 163-278.23, 163-278.24, 163-
278.25, and 163-278.26 shall not apply to this Part. (1981, c.
837, s. 3.)
Article 22B.
Appropriations from the North Carolina Political Parties
Financing Fund.
§ 163-278.41. Appropriations in general election years and
other years.
(a)Following the conclusion of the last primary or
nominating convention held by a political party in a general
election year in which a presidential election is held, the State
chairman of that political party may apply to the State Board of
Elections (State Board) for the disbursement of all funds
deposited with the State Treasurer on behalf of such party in the
North Carolina Political Parties Financing Fund (Political
Parties Fund) to be administered by the State Board of Elections
and in which shall be placed money contributed by taxpayers, as
provided in G.S. 105-159.1. Upon receipt of such application,
the State Board shall forthwith, and every 30 days thereafter,
pay over to said chairman all funds currently held by the State
Treasurer on behalf of said chairman's political party, but
provided that all such payments shall cease 30 days after the
State Board of Elections has certified all of the results of the
general election to the Secretary of State. Additionally and
upon receipt of such application, the State Board shall pay over
to the said chairman all funds currently held by the State
Treasurer in the "Presidential Election Year Candidates Fund" of
that party, which funds shall be allocated and disbursed during
the presidential election year by the same procedure as the funds
received from the Political Parties Fund are allocated. Any
remaining funds of the political party in the hands of the State
Treasurer shall thereafter be held by him until eligible for
distribution pursuant to this section.
(b) Following the conclusion of the last primary or nominating
convention held by a political party in a general election year
in which there is not a presidential election, the State chairman
of the political party may apply to the State Board for the
disbursement of all funds deposited on behalf of such party in
the Political Parties Fund. Upon receipt of such application,
the State Board shall forthwith, and every 30 days thereafter,
pay over to said chairman all funds currently held by the State
Treasurer on behalf of said chairman's political party provided
that all such payments to the said chairman shall cease 30 days
after the State Board of Elections has certified all of the
results of the general election to the Secretary of State. Any
remaining funds of the political party in the hands of the State
Treasurer shall thereafter be held by him until eligible for
distribution pursuant to this section.
(c) In each year in which no general election is held, each
State chairman of a political party on behalf of which funds have
been deposited in the Political Parties Fund may, on or between
August 1 and September 1 thereof, apply to the State Board for
payment of an amount not to exceed fifty percent (50%) of the
then available funds credited to the account of his party. Upon
receipt of such application, the State Board shall pay over to
said State chairman an amount not to exceed fifty percent (50%)
of the then available funds credited to the account of his party.
Additionally and upon receipt of such application, the State
Board shall direct the State Treasurer to place fifty percent
(50%) of the said available funds in a separate interest bearing
account to be known as the "Presidential Election Year Candidates
Fund of the (name of the party) Party" to be disbursed in accord
with the provisions of subsection (a) above. Any remaining funds
of the political party in the hands of the State Treasurer shall
thereafter be held by him until eligible for distribution by the
State Board pursuant to this section. Any interest earned on the
funds deposited in such Presidential Election Year Campaign Fund
shall be credited thereto. (1977, 2nd Sess., c. 1298, s. 2; 1983,
c. 700, s. 5; 1987 (Reg. Sess., 1988), c. 1063, s. 3; 1991, c.
347, s. 1, c. 397, s. 1.)
§ 163-278.42. Distribution of campaign funds; legitimate
expenses permitted.
(a)In a general election year in which a presidential
election is held, every State chairman of a political party shall
disburse fifty percent (50%) of all funds received from the North
Carolina Political Parties Financing Fund to that political
party. The remaining fifty percent (50%) of such funds shall be
allocated by the special committee established by subsection (d)
of this section and used for one or more of the purposes
permitted by subsection (e) of this section. Any candidate may
elect to decline in whole or in part any funds that the party
chooses to distribute to the candidate.
(b) In a general election year in which there is not a
presidential election, every State chairman of a political party
shall disburse fifty percent (50%) of all funds received from the
Political Parties Fund to that political party. The remaining
fifty percent (50%) of such funds shall be allocated by the
special committee established in subsection (d) of this section
and used for one or more of the purposes permitted by subsection
(e) of this section. Any candidate may elect to decline in whole
or in part any funds that the party chooses to distribute to the
candidate.
(c) In each year in which no general election is held, every
State chairman of a political party shall disburse all funds
received from the Political Parties Fund to that political party.
(d) The allocation of the remaining fifty percent (50%) of the
funds under subsections (a) or (b) of this section shall be made
by a committee composed of the State Chairman of that political
party, the Treasurer of that party, the Congressional District
Chairmen of that party, and two persons appointed by the State
Chairman of that party, and the State Chairman shall serve as
Chairman of this committee. The allocation of funds shall be in
the sole discretion of the committee, but must be for a purpose
permitted by subsection (e) of this section and if allocated to a
candidate, shall be disbursed by the State Chairman of that party
only to the Treasurer of that candidate or committee appointed
under Article 22A of this Chapter or under the Federal Election
Campaign Act of 1971, Chapter 14 of Title 2, United States Code.
(e) A political party shall expend funds distributed from the
Political Parties Fund or from the "Presidential Election Year
Candidates Fund" only for legitimate campaign expenses. By way of
illustration but not by way of limitation, the following are
examples of legitimate campaign expenses:
(1) Radio, television, newspaper, and billboard
advertising for and on behalf of a political party
or candidate;
(2) Leaflets, fliers, buttons, and stickers;
(3) Campaign staff salaries, provided each staff member
is listed by name and by the amount paid as salary
and the amount paid as campaign expense
reimbursement;
(4) Travel expenses, lodging and food for candidate and
staff;
(4a) Expenses to ensure compliance with federal and State
campaign finance and reporting laws;
(4b) Contributions to or expenses on behalf of candidates
of that political party;
(5) Party headquarters operations related to upcoming
general elections, including the purchase,
maintenance and programming of computers to provide
lists of voters, party workers, officers, committee
members and participants in party functions,
patterns of voting and other data for use in general
election campaigns and party activities and
functions prior thereto, the establishment and
updating computer file systems of voter registration
lists, State, district, county and precinct officers
and committee member lists, party clubs or
organization lists, the organizing of voter
registration, fund raising and get-out-the-vote
programs at the county level when conducted by State
party personnel, and the preparation of reports
required to be filed by State and federal laws and
systems needed to prepare the same and keep records
incident thereto.
(f) All moneys and funds previously designated by taxpayers
being held by the North Carolina Secretary of Revenue and being
held by the North Carolina State Treasurer which moneys and funds
have not been disbursed or delivered to a political party as of
June 16, 1978, when disbursed shall be allocated by the State
Chairman of the political party as follows: sixty-two and one-
half percent (62 1/2%) of such funds to the political party for
legitimate general election campaign expenditures; thirty-seven
and one-half percent (37 1/2%) to the eligible candidates as
determined by the committee established under this Article.
(g) It shall be unlawful for any political party to use either
directly or indirectly any part of funds distributed from the
Political Parties Fund or the Presidential Election Year
Candidates Fund of any political party for the support or
assistance either directly or indirectly of any candidate in a
primary election, for support or assistance relating to the
selection of a candidate at a political convention or by the
executive committee of a party, for the payment or repayment of
any debt or obligation of whatsoever kind or nature incurred by
any person, candidate or political committee in a primary
election, the selection of a candidate at a political convention
or by the executive committee of a party, or for the support,
promotion or opposition of a national, State or local referendum,
bond election or constitutional amendment. (1977, 2nd Sess., c.
1298, s. 2; 1983, c. 700, ss. 1-4; 1985 (Reg. Sess., 1986), c.
866; 1987 (Reg. Sess., 1988), c. 1063, s. 3; 1991, c. 397, s. 1,
c. 636, s. 20(b); 1991 (Reg. Sess., 1992), c. 1032, s. 10B; 1993,
c. 553, s. 70.)
§ 163-278.43. Annual report to State Board of Elections;
suspension of disbursements; willful violations a
misdemeanor; adoption of rules; reporting by candidates
and political committees.
(a) The State chairman of each political party
receiving funds from the Political Parties Fund or the
Presidential Election Year Candidates Fund or both shall maintain
a full and complete record of the party's receipts and any and
all subsequent expenditures and disbursements thereof, and such
shall be substantiated by any records, receipts, and information
that the Executive Director of the State Board of Elections shall
require. Such record shall be centrally located and shall be
readily available at reasonable hours for public inspection.
(b) By December 31 of each year, the State chairman of each
political party receiving funds from the Political Parties Fund
or a Presidential Election Year Candidates Fund in the 12
preceding months shall file with the State Board of Elections an
itemized statement reporting all receipts, expenditures and
disbursements from the date of the last report and attached to
such report shall be the verification of such chairman that all
such funds received were expended in accordance with the
provisions of this Article. If the Executive Secretary of the
State Board of Elections determines and finds as a fact that any
such funds were not disbursed or expended in accordance with this
Article, he shall order such political party to reimburse the
amount improperly expended or disbursed to the General Fund of
the State and such political party shall not receive further
disbursements from the Political Parties Fund or a Presidential
Election Year Candidates Fund until such reimbursement has been
accomplished in full. A copy of any such order shall be forwarded
to the State Treasurer, which shall constitute notice to him to
suspend further disbursements from the campaign fund.
(c) Repealed by Session Laws 1985, c. 259.
(c1)The State Board shall review each application and certify
that the political party is eligible to receive the funds
requested. The State Board shall establish rules for the
administration and enforcement of this Article.
(c2)The treasurer of any political committee or candidate
receiving any funds from the Political Parties Fund or a
Presidential Election Year Candidates Fund through a political
party shall report such receipts as contributions according to
the method and timetable set forth in Article 22A of this
Chapter. The treasurer shall report disbursements of such funds
as expenditures or loans according to the method and timetable
set forth in Article 22A of this Chapter. The reports shall be
made to the proper board of elections according to Article 22A of
this Chapter. There is no requirement that a candidate or a
political committee other than a political party shall maintain
funds from the Political Parties Fund or a Presidential Election
Year Candidates Fund in a separate account.
(d) Repealed by Session Laws 1985, c. 259. (1977, 2nd Sess.,
c. 1298, s. 2; 1979, c. 926, s. 1; 1985, c. 259; 1987 (Reg.
Sess., 1988), c. 1063, s. 3; 1991, c. 347, s. 2; c. 397, s. 1;
1991 (Reg. Sess., 1992), c. 1032, s. 10C.)
§ 163-278.44. Crime; punishment.
Any individual person, candidate, political committee, or
treasurer who willfully and intentionally violates any of the
provisions of this Article, shall be guilty of a Class 2
misdemeanor. (1977, 2nd Sess., c. 1298, s. 2; 1987, c. 565, s.
18; 1993, c. 539, s. 1119; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 163-278.45. Definitions.
The terms "candidate," "expend," "individual," "person,"
"political committee," and "treasurer" as used in this Article
shall be as defined in G.S. 163-278.6. (1977, 2nd Sess., c. 1298,
s. 2.)
Article 22C.
Appropriations from the North Carolina Candidates Financing Fund.
§ 163-278.46. Establishment of Candidates Fund;
administrative expenses; financing in case of
insufficiency.
There is established in the State Treasury a North
Carolina Candidates Financing Fund (Candidates Fund) to be
administered by the State Board of Elections (State Board) in
which shall be placed money contributed by taxpayers as provided
in G.S. 105-163.16(f). If the money in the Candidates Fund is
insufficient to fully fund qualifying candidates, available money
shall be distributed proportionally. (1987 (Reg. Sess., 1988), c.
1063, s. 1; 1991, c. 397, s. 1.)
§ 163-278.47. Application; eligibility.
(a)Application. – Each candidate for Governor who seeks
grants from the Candidates Fund shall file an application for the
grants with the State Board on forms provided by the State Board.
The candidate may file an application after being certified as a
party's nominee for the office, but not after June 15.
(b) Notice of Other Applicants. – By June 30, the State Board
shall notify each candidate in a contest of all the applications
made by candidates in the same contest.
(c) Eligibility. – To be eligible to receive grants from the
Candidates Fund, a candidate shall have opposition on the ballot
in the general election and shall:
(1) Agree to abide by the expenditure limits provided in
G.S. 163-278.48,
(2) Raise qualifying matching contributions equal to
five percent (5%) of the expenditure limit.
"Qualifying matching contributions" are those from
political committees or individuals. They are
limited to contributions raised after the
candidate's certification as nominee, or raised
before his certification but left unspent after
certification.
(3) Agree to submit to a postelection audit of the
campaign account by the State Board. (1987 (Reg.
Sess., 1988), c. 1063, s. 1; 1991, c. 397, s. 1.)
§ 163-278.48. Expenditure limits.
Limitation Formulas. – Any candidate for Governor who
requests grants from the Candidates Fund shall limit total
expenditures after certification as party nominee as follows:
One dollar ($1.00) times the number of votes cast for Governor in
the last general election in which more than one candidate
appeared on the ballot for Governor. (1987 (Reg. Sess., 1988), c.
1063, s. 1; 1991, c. 397.)
§ 163-278.49. Qualified campaign expenditures.
A candidate may use the money received from the Candidates
Fund under this Article only to further that candidate's election
to office through expenditures allowable under North Carolina
law. (1987 (Reg. Sess., 1988), c. 1063, s. 1; 1991, c. 397.)
§ 163-278.50. Distribution of funds.
(a)Certification and Notice. – The State Board shall
review each request for grants from the Candidates Fund and
certify by July 15 before the general election whether the
candidate is eligible to receive them. The State Board shall
notify the candidate of the certification decision in that
candidate's case within seven days after the decision is made.
(b) Formula for Distribution. – A candidate certified to
receive money from the Candidates Fund shall be entitled to
distribution of funds on a one-to-one basis for all qualifying
matching contributions as defined in G.S. 163-278.47. No
candidate, however, shall receive money from the Candidates Fund
in excess of half the amount of that candidate's expenditure
limit under G.S. 163-278.48.
(c) Reporting. – Certification and distribution of funds shall
be based on contributions to the candidate reported pursuant to
G.S. 163-278.9 and pursuant to this section. In addition to the
reports required in G.S. 163-278.9, a candidate who seeks to
receive contributions from the Candidates Fund shall file a
report of contributions and expenditures at each of the following
times before the general election:
(1) The second Wednesday in August, and
(2) The second Wednesday in September.
Those two reports shall be filed on forms prescribed by the
State Board. The State Board may prescribe separate forms on
which candidates who seek grants from the Candidates Fund shall
file the other reports required by G.S. 163-278.9.
(d) Timetable for Distribution. – Funds shall be distributed
to candidates by September 1 before the general election, based
on the August reports required in subsection (c) of this section.
Further distribution shall be made within seven days after the
filing of each succeeding pre-election contribution report
required by this section or by G.S. 163-278.9. (1987 (Reg. Sess.,
1988), c. 1063, s. 1; 1991, c. 397.)
§ 163-278.51. Withdrawal of application.
(a)Regular Deadline for Withdrawal. – A candidate, by
written notice to the State Board before July 10, may withdraw
application to receive money from the Candidates Fund.
(b) Extended Deadline for Withdrawal. – Notwithstanding the
provisions of subsection (a) of this section, if withdrawal by
any other candidate or candidates leaves a person as the only
candidate in a contest applying for money from the Candidates
Fund, that candidate may withdraw by written notice to the State
Board before August 22.
(c) Consequences of Withdrawal. – A candidate shall receive no
money from the Candidates Fund after that candidate's notice of
withdrawal. The candidate will not be subject to the limitations
or penalties of this Article if the candidate makes a timely
withdrawal.
(d) Vacancies and Replacement Nominees. – If a party nominee
who has been certified to receive money from the Candidates Fund
dies, resigns, or for any reason becomes ineligible or
disqualified before the general election but after the applicable
deadline in subsection (a) or (b) of this section, that
candidate's application for the Candidates Fund is automatically
withdrawn without penalty, but the candidate shall return all
money received from the Candidates Fund that is unspent at the
time that candidate leaves the race. If the nominee is replaced,
the new candidate may either:
(1) Forego participation in the Candidates Fund; in that
case, the new candidate will:
a. Not be eligible for any of the money the former
candidate received or became entitled to before
leaving the race, and
b. Not be subject to the expenditure limit, or
(2) Assume the position of the former candidate with
respect to the Candidates Fund; in that case, the
new candidate will:
a. Be eligible for the unspent money the former
candidate returned to the Candidates Fund, and
for any money to which the former candidate had
become entitled through qualifying matching
contributions but had not received before
leaving the race, and
b. Be eligible for any money from the Fund the new
candidate may earn through qualifying matching
contributions, and
c. Be subject to the remainder of the former
candidate's expenditure limit, and
d. Be subject to all other requirements for
participation in the Candidates Fund that the
candidate's late entry into the race do not
make inappropriate.
If the new candidate elects to forego the Candidates Fund, any
other candidate in the race may withdraw his application within
seven days after the new candidate has notified the State Board
of a decision to forego the Candidates Fund, if the candidate
seeking to withdraw is left as the only publicly funded candidate
in the race. A candidate who withdraws from participation in the
Candidates Fund under the circumstances set out in this paragraph
must return all money received from the Candidates Fund at the
time of withdrawal. (1987 (Reg. Sess., 1988), c. 1063, s. 1;
1991, c. 397, s. 1.)
§ 163-278.52. Penalties; fines.
In addition to any other penalties which may be applicable
under this Chapter, any candidate who receives contributions from
the Candidates Fund and who exceeds the applicable expenditure
limit or falsely reports qualifying matching contributions and
thereby receives contributions from the Candidates Fund to which
the candidate was not entitled shall be fined an amount equal to
the amount at issue plus ten percent (10%). (1987 (Reg. Sess.,
1988), c. 1063, s. 1; 1991, c. 397, s. 1.)
§ 163-278.53. Criminal punishment.
Any individual, person, candidate, political committee, or
treasurer who willfully and intentionally violates any of the
provisions of this Article, shall be guilty of a Class I felony.
(1987 (Reg. Sess., 1988), c. 1063, s. 1; 1991, c. 397; 1993, c.
539, s. 1325; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 163-278.54. Sixty-day post-election report to State Board;
audit.
(a)Maintenance of Records. – The treasurer of each
candidate shall keep a complete record of receipts from the
Candidates Fund and of all subsequent expenditures and
disbursements, substantiated by any records, receipts, and
information that the State Director of Elections shall require.
(b) Sixty-day Report. – By 60 days after each general
election, the treasurer of each candidate receiving funds from
the Candidates Fund in that general election campaign shall file
with the State Board an itemized statement reporting all receipts
of Candidates Fund monies and of all subsequent expenditures and
disbursements and attach to the report the treasurer's
verification that all funds were spent in accordance with the
provisions of this Article.
(c) Audit. – The State Board shall conduct an audit of the 60-
day post-election report. If the Secretary of the State Board
finds that any funds were not disbursed or expended in accordance
with this Article, the Secretary shall order the candidate to
reimburse to the Candidates Fund the amount improperly expended
or disbursed. (1987 (Reg. Sess., 1988), c. 1063, s. 1; 1991, c.
397, s. 1.)
§ 163-278.55. Return of unspent money within 90 days of
election.
Any money a candidate receives from the Candidates Fund
that is unspent within 90 days after the general election shall
be returned to the Candidates Fund. One-half of any amount in the
candidate's campaign account required by G.S. 163-278.8 shall be
deemed to be money received from the Candidates Fund; provided
that if, pursuant to G.S. 163-278.46, the candidate received
grants from the Candidates Fund on less than a one-to-one ratio,
the same proportion of the candidate's campaign account shall be
deemed to be money received from the Candidates Fund. (1987 (Reg.
Sess., 1988), c. 1063, s. 1; 1991, c. 397.)
§ 163-278.56. Duties of the State Board.
The State Board shall establish rules for the
administration and enforcement of this Article. (1987 (Reg.
Sess., 1988), c. 1063, s. 1; 1991, c. 397.)
§ 163-278.57. Definitions.
The terms "candidate," "expend," "individual," "person,"
and "treasurer" as used in this Article shall be as defined in
G.S. 163-278.6. (1987 (Reg. Sess., 1988), c. 1063, s. 1; 1991, c.
397.)
SUBCHAPTER IX. MUNICIPAL ELECTIONS.
Article 23.
Municipal Election Procedure.
§ 163-279. Time of municipal primaries and elections.
(a)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:
(1) If the election is nonpartisan and decided by simple
plurality, the election shall be held on Tuesday
after the first Monday in November.
(2) 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 sixth Tuesday
before the election, and the second primary, if
required, shall be held on the third Tuesday before
the election.
(3) 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.
(4) 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.
(b) 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.
(c) 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). (1971, c. 835, s. 1; 1973, c. 1115; 1987, c. 22, s.
2.)
§ 163-280. Municipal boards of elections.
(a)In each city that is authorized and elects to conduct
its own elections in the manner provided by G.S. 163-285, there
shall be a municipal board of elections consisting of three
persons of good moral character who are registered voters of the
city. Members of the municipal board of elections shall be
appointed by the city council at its regularly scheduled meeting
held next before June 1 in each year preceding each regular
municipal primary or election, and their terms of office shall be
for two years beginning June 1 and until their successors are
appointed and qualify. In municipalities where there are
registered voters of more than one party, not more than two
members of the municipal board of elections shall belong to the
same political party, if the municipal officers are elected on a
nonpartisan or partisan basis.
No person shall serve as a member of a municipal board of
elections who holds any elective office, who is a candidate for
any elective public office, who is a member of a county board of
elections, or who is serving as campaign manager for any
candidate in any election.
(b) On the Monday before the filing period opens for elections
in that municipality, the newly appointed members of the
municipal board of elections shall meet at the city hall or some
other place specified by the city council and shall take the
following oath of office:
"I_________, do solemnly swear (or affirm) that I
will support the Constitution of the United States;
that I will be faithful and bear true allegiance to the
State of North Carolina, and to the constitutional
powers and authorities which are or may be established
for the government thereof; that I will endeavor to
support, maintain, and defend the Constitution of said
State, not inconsistent with the Constitution of the
United States; and that I will well and truly execute
the duties of the office of member of the ______
municipal board of elections to the best of my
knowledge and ability, according to law. So help me,
God."
After each member has taken the oath, the board shall organize
by electing one of its members chairman and another member
secretary of the board.
(c) On the Monday following the seventh Saturday before each
regular municipal primary or election, the municipal board of
elections shall meet and appoint precinct chief judges and judges
of elections. The municipal board of elections may then or at any
time thereafter appoint a supervisor of elections, who shall have
all of the powers and duties of a director of elections to a
county board of elections. The board may hold other meetings at
such times and places as the chairman of the board, or any two
members thereof, may direct, for the performance of duties
prescribed by law. A majority of the members shall constitute a
quorum for the transaction of business.
(d) The municipal board of elections shall keep minutes
recording all proceedings and findings at each of its meetings.
The minutes shall be recorded in a book which shall be kept in
the board office if there be one, otherwise, the minute book
shall remain in the custody of the secretary of the board.
(e) The compensation of members of the municipal board of
elections shall be fixed by the city council.
(f) Municipal boards of elections shall have, with respect to
municipal elections, all of the powers conferred on county boards
of elections by G.S. 163-33 and G.S. 163-34 with respect to
national, State, district, and county elections.
(g) No municipal, county, State or national chairman of any
political party shall have the right to recommend to the city
council the names of any person for appointment to membership on
a municipal board of elections.
(h) Whenever a vacancy occurs in the membership of any
municipal board of elections for any cause, the appointing city
council shall fill the vacancy within 30 days of when it occurs.
(i) The city council with power to appoint a member of a
municipal board of elections or the State Board of Elections may
remove a member of a municipal board of elections for
incompetency, neglect or failure to perform duties, fraud, or any
other satisfactory cause. Before exercising this removal power,
the city council or the State Board of Elections shall notify the
municipal board member affected and give him an opportunity to be
heard. (1971, c. 835, s. 1; 1973, c. 793, ss. 75-79; c. 1223, s.
8; 1975, c. 19, s. 70; 1977, c. 626, s. 1; 1983, c. 644, s. 3;
1985, c. 599, s. 4; c. 768, s. 27; 1993 (Reg. Sess., 1994), c.
762, s. 59; 1995, c. 243, s. 1.)
§ 163-281. Municipal precinct election officials.
(a)Chief Judges and Judges. – At the meeting required by
G.S. 163-280(c), the municipal board of elections shall appoint
one person to act as chief judge and two other persons to act as
judges of election for each precinct in the city. Not more than
one judge in each precinct where there are registered voters of
more than one political party shall belong to the same political
party as the chief judge, if the municipal elections are on a
nonpartisan or partisan basis. If the city and county precincts
are identical and the board so chooses, it may decline to
exercise its power to appoint precinct chief judge and judges, in
which event the persons appointed by the county board of
elections as precinct chief judge and judges in each precinct
within the city shall serve as such for municipal elections under
authority and subject to the supervision and control of the
municipal board of elections. Nothing herein shall prohibit a
municipal board of elections from using the chief judge and
judges of election appointed by the county board of elections in
those precincts which are not identical provided the county board
of elections agrees, in writing, to such arrangement. Chief
judges and judges shall be appointed for terms of two years.
Except as modified by this Article, municipal precinct chief
judge and judges shall meet all of the qualifications, perform
all the duties, and have all of the powers imposed and conferred
on county precinct chief judge and judges by G.S. 163-41(a), 163-
47, and 163-48. Municipal precinct chief judge and judges shall
not have the powers and duties with respect to registration of
voters prescribed by G.S. 163-47(b). Immediately after appointing
chief judge and judges as herein provided, the municipal board of
elections shall publish the names of the persons appointed in
some newspaper having a general circulation in the city, or in
lieu thereof, by posting at the city hall or some other prominent
place within the city, and shall notify each person appointed of
his appointment. Notice may additionally be made on a radio or
television station or both, but such notice shall be in addition
to the newspaper and other required notice.
(b) Assistants at Polls. – Municipal boards of elections shall
have the same authority to appoint assistants to aid the chief
judge and judges as is conferred on county boards of elections by
G.S. 163-42.
(c) Ballot Counters. – Municipal boards of elections shall
have the same authority to appoint ballot counters as is
conferred on county boards of elections by G.S. 163-43.
(d) Markers. – Municipal boards of elections shall not appoint
markers, and markers shall not be used in municipal elections.
(e) Observers. – In cities holding partisan municipal
elections, the chairman of each political party in the county
shall have the same authority to appoint observers for municipal
elections as he has for county elections under G.S. 163-45.
(f) Compensation. – Precinct officials and assistants
appointed under this section shall be paid such sums as the city
council may fix. County precinct officials and assistants serving
in municipal elections in default of appointment of precinct
officials by the municipal board of elections shall be
compensated by the city in the sums specified in G.S. 163-46.
(g) Party Chairman Not to Recommend Persons for Appointment. –
No municipal, county, State or national chairman of any political
party shall have the right to recommend to the municipal board of
elections the name of any person for appointment as a precinct
chief judge, judge of elections, assistant or ballot counter.
(h) Designation of Precincts in Which Officials to Serve. –
The municipal board of elections may designate the precinct in
which each chief judge, judge, assistant, ballot counter, or
observer or other officers of elections shall serve; and, after
notice and hearing, may remove any chief judge, judge, assistant,
ballot counter, observer, supervisor of elections or other
officers of elections appointed by it for incompetency, failure
to discharge the duties of office, failure to qualify within the
time prescribed by law, fraud, or for any other satisfactory
cause.
(i) Powers and Duties. – Except as otherwise provided in this
Chapter, precinct assistants, ballot counters, observers, and
supervisors of elections and other officers of elections
appointed by the municipal board of elections shall have the same
powers and duties with respect to municipal elections as precinct
assistants, ballot counters, observers, and supervisors of
elections and other officers of elections appointed by county
boards of elections. (1971, c. 835, s. 1; 1973, c. 793, ss. 80-
83, 94; c. 1223, s. 9; 1977, c. 626, s. 1; 1989, c. 93, s. 8;
1993 (Reg. Sess., 1994), c. 762, s. 60.)
§ 163-282. Residency defined for voting in municipal
elections.
The rules for determining residency within a municipality
shall be the same as prescribed in G.S. 163-57 for determining
county residency. No person shall be entitled to reside in more
than one city or town at the same time. (1971, c. 835, s. 1.)
§ 163-283. Right to participate or vote in party primary.
No person shall be entitled to vote or otherwise
participate in the primary election of any political party unless
he
(1) Is a registered voter, and
(2) Has declared and has had recorded on the
registration book or record the fact that he
affiliates with the political party in whose primary
he proposes to vote or participate, and
(3) Is in good faith a member of that party.
Notwithstanding the previous paragraph, any unaffiliated voter
who is authorized under G.S. 163-116 may also vote in the primary
if the voter is otherwise eligible to vote in that primary except
for subdivisions (2) and (3) of the previous paragraph.
Any person who will become qualified by age or residence to
register and vote in the general election for which the primary
is held, even though not so qualified by the date of the primary
election, shall be entitled to register while the registration
books are open during the regular registration period prior to
the primary and then to vote in the primary after being
registered, provided however, under full-time and permanent
registration, such an individual may register not earlier than 60
days nor later than the last day for making application to
register under G.S. 163-82.6(c) prior to the primary. In
addition, persons who will become qualified by age to register
and vote in the general election for which the primary is held,
who do not register during the special period may register to
vote after such period as if they were qualified on the basis of
age, but until they are qualified by age to vote, they may vote
only in primary elections. (1971, c. 835, s. 1; 1983, c. 331, s.
5; 1987, c. 408, s. 5; c. 457, s. 2; 1991 (Reg. Sess., 1992), c.
1032, s. 8; 1993 (Reg. Sess., 1994), c. 762, s. 62.)
§ 163-284. Mandatory administration by county boards of
elections.
(a)No later than 30 days after January 1, 1973, every
municipality which conducts its elections on a partisan basis,
and every special district shall deliver its registration books
to the county board of elections which shall, forthwith, assume
the responsibility for administration of the registration and
election process in such municipalities and special districts.
The county boards of elections shall have authority to compare
the registration books of such municipalities and special
districts with the county registration books. Any person found to
be registered for municipal or special district elections but not
registered on the county registration records shall be required
to register with the county board of elections in order to
maintain his municipal or special district registration. The
county board of elections shall forthwith notify any such person
by mail to the address appearing on the municipal or special
district registration records that he must reregister. The county
board of elections shall have authority to require maps or
definitive outlines of the boundaries constituting such
municipality or special district and shall be immediately advised
of any change or relocation of such boundaries.
(b) The registration of voters and the conduct of all
elections in municipalities and special districts covered under
this section shall be under the authority of the county board of
elections. Any contested election or allegations of
irregularities shall be made to the county board of elections and
appeals from such rulings may be made to the State Board of
Elections under existing statutory provisions and rules or
regulations adopted by the State Board of Elections.
Each municipality and special district shall reimburse the
county board of elections for the actual cost involved in the
administration required under (a) and (b) of this section. (1971,
c. 835, s. 1; 1973, c. 793, s. 84.)
§ 163-284.1. Special district elections conducted by county.
All elections held in and for a sanitary district, fire
district or other special district, including school
administrative units, shall be conducted by the county board of
elections notwithstanding the fact that the taxes of the special
district may be levied by a city. (1971, c. 835, s. 1.)
§ 163-285. Administration by county board of elections;
optional by municipality.
Any city, town or incorporated village which conducts its
elections on a nonpartisan basis may conduct its own elections,
or it may request the county board of elections of the county in
which it is located to conduct its elections. A county board of
elections shall conduct the elections of each city, town or
incorporated village so requesting and the city, town or
incorporated village shall pay the cost thereof according to a
formula mutually agreed upon by the county board of elections and
the city council. If a mutual agreement cannot be reached, then
the State Board of Elections shall prescribe the agreement, to
which both parties are bound, or, in its discretion, the State
Board of Elections shall have authority to instruct the county
board of elections to decline the administration of the elections
for such city, town or incorporated village.
(1) The elections of cities, towns or incorporated
villages which lie in more than one county shall be
conducted either (i) by the county in which the
greater number of the city's citizens reside,
according to the most recent federal census of
population, or (ii) jointly by the boards of
elections of each county in which such city, town or
incorporated village is located, as may be mutually
agreed upon by the county boards of elections so
affected, or (iii) by a municipal board of elections
appointed by the governing body of the municipality.
The State Board of Elections shall have authority to
promulgate regulations for more detailed
administration and conduct of municipal elections by
county or municipal boards of elections for cities
situated in more than one county.
(2) Any city, town or incorporated village electing to
have its elections conducted by the county board of
elections as provided by this section, shall do so
no later than January 1, 1973 provided, however, the
county board of elections shall be entitled to 90
days' notice prior to the effective date decided
upon by the municipality. For efficient
administration the State Board of Elections shall
have the authority to delay the effective date of
all such agreements under this section and shall set
a date certain on which such agreements shall
commence. The State Board of Elections shall also
have the authority to permit any city, town or
incorporated village to exercise the options under
this Article subsequent to the deadline stated in
this section.
(3) Repealed by Session Laws 1993 (Reg. Sess., 1994), c.
762, s. 63. (1971, c. 835, s. 1; 1973, c. 171; 1993
(Reg. Sess., 1994), c. 762, s. 63.)
§ 163-286. Conduct of municipal and special district
elections; application of Chapter 163.
(a)To the extent that the laws, rules and procedures
applicable to the conduct of primary, general and special
elections by county boards of elections under Articles 3, 4, 5,
6, 7A, 8, 9, 10, 11, 12, 13, 14, 15, 19 and 22 of this Chapter
are not inconsistent with provisions of this Article, those laws,
rules and procedures shall apply to municipal and special
district elections and their conduct by the board of elections
conducting those elections. The State Board of Elections shall
have the same authority over all such elections as it has over
county and State elections under those Articles.
(b) Any city, town or incorporated village which elects to
conduct its own elections, under the provisions of G.S. 163-285,
shall comply with the requirements contained in G.S. 163-280 and
G.S. 163-281. (1971, c. 835, s. 1; 1973, c. 793, s. 85; 1993
(Reg. Sess., 1994), c. 762, s. 64.)
§ 163-287. Special elections; procedure for calling.
Any city, whether its elections are conducted by the
county board of elections or the municipal board of elections, or
any special district shall have authority to call special
elections as permitted by law. Prior to calling a special
election, the city council or the governing body of the special
district shall adopt a resolution specifying the details of the
election, and forthwith deliver the resolution to the appropriate
board of elections. The resolution shall call on the board of
elections to conduct the election described in the resolution and
shall state the date on which the special election is to be
conducted. The special election may be held at the same time as
any other State, county or municipal primary, election or special
election or referendum, but may not otherwise be held within the
period of time beginning 30 days before and ending 30 days after
the date of any other primary, election, special election or
referendum held for that city or special district.
Legal notice of the special election shall be published no
less than 45 days prior to the special election. The appropriate
board of elections shall be responsible for publishing the legal
notice. The notice shall state the date and time of the special
election, the issue to be submitted to the voters, and the
precincts in which the election will be held. This paragraph
shall not apply to bond elections. (1971, c. 835, s. 1; 1973, c.
793, s. 86; 1993 (Reg. Sess., 1994), c. 762, s. 65.)
§ 163-288. Registration for city elections; county and
municipal boards of elections.
Regardless of whether the municipal election is conducted
by the county board of elections or by a municipal board of
elections, the registration record of the county board of
elections shall be the official registration record for voters to
vote in all elections, city, district, county, State or national.
(1971, c. 835, s. 1; 1973, c. 793, s. 87; 1981, c. 33, s. 5; 1991
(Reg. Sess., 1992), c. 1032, s. 7; 1993 (Reg. Sess., 1994), c.
762, s. 66.)
§ 163-288.1. Activating voters for newly annexed or
incorporated areas.
(a)Whenever any new city or special district is
incorporated or whenever an existing city or district annexes any
territory, the city or special district shall cause a map of the
corporate or district limits to be prepared from the boundary
descriptions in the act, charter or other document creating the
city or district or authorizing or implementing the annexation.
The map shall be delivered to the county or municipal board of
elections conducting the elections for the city or special
district. The board of elections shall then activate for city or
district elections each voter eligible to vote in the city or
district who is registered to vote in the county to the extent
that residence addresses shown on the county registration
certificates can be identified as within the limits of the city
or special district. Each voter whose registration is thus
activated for city or special district elections shall be so
notified by mail. The cost of preparing the map of the newly
incorporated city or special district or of the newly annexed
area, and of activating voters eligible to vote therein, shall be
paid by the city or special district. In lieu of the procedures
set forth in this section, the county board of elections may use
either of the methods of registration of voters set out in G.S.
163-288.2 when activating voters pursuant to the incorporation of
a new city or election of city officials or both under authority
of an act of the General Assembly or when activating voters after
an annexation of new territory by a city or special district
under Chapter 160A, Article 4A, or other general or local law.
(b) Each voter whose registration is changed by the county or
municipal board of elections in any manner pursuant to any
annexation or expunction under this subsection shall be so
notified by mail.
(c) The State Board of Elections shall have authority to adopt
regulations for the more detailed administration of this section.
(1971, c. 835, s. 1; 1973, c. 793, s. 88; 1977, c. 752, s. 1.)
§ 163-288.1A. Activating voters when charter revised.
Whenever a city has not held the most recent two elections
required by its charter or this Chapter, and the General Assembly
amends the charter of that city and provides that the county
board of elections shall conduct the elections of that city,
voters shall be activated for the elections of that city in
accordance with G.S. 163- 288.1 or G.S. 163-288.2. In such a
case, the county shall prepare the map required by G.S. 163-
288.1(a). (1985, c. 350.)
§ 163-288.2. Registration in area proposed for incorporation
or annexed.
(a)Whenever the General Assembly incorporates a new city
and provides in the act of incorporation for a referendum on the
question of incorporation or for a special election for town
officials or for both, or whenever an existing city or special
district annexes new territory under the provisions of Chapter
160A, Article 4A, or other general or local law, the board of
elections of the county in which the proposed city is located or
in which the newly annexed territory is located shall determine
those individuals eligible to vote in the referendum or special
election or in the city or special district elections. In
determining the eligible voters the board may, in its discretion,
use either of the following methods:
METHOD A. – The board of elections shall prepare a list of
those registered voters residing within the proposed city or
newly annexed territory. The board shall make this list available
for public inspection in its office for a two-week period ending
on the twenty-fifth day before the day of the referendum or
special election, or the next scheduled city or special district
election. During this period, any voter resident within the
proposed city or newly annexed territory and not included on the
list may cause his name to be added to the list. At least one
week and no more than two weeks before the day the period of
public inspection is to begin, the board shall cause notice of
the list's availability to be posted in at least two prominent
places within the proposed city or newly annexed territory and
may cause the notice to be published in a newspaper of general
circulation within the county. The notice shall state that the
list has been prepared, that only those persons listed may vote
in the referendum or special election, that the list will be
available for public inspection in the board's office, that any
qualified voter not included on the list may cause his name to be
added to the list during the two-week period of public
inspection, and that persons in newly annexed territory should
present themselves so their registration records may be activated
for voting in city or special district elections in the newly
annexed territory. Notice may additionally be made on a radio or
television station or both, but such notice shall be in addition
to the newspaper and other required notice.
METHOD B. – The board of elections shall conduct a special
registration of eligible persons desiring to vote in the
referendum or special election or in the newly annexed territory.
The registration records shall be open for a two-week period
(except Sundays) ending on the twenty-fifth day before the day of
the referendum or special election or the next scheduled city or
special district election. On the two Saturdays during that two-
week period, the records shall be located at the voting place for
the referendum or special election or the next scheduled city or
special district election; on the other days it may, in the
discretion of the board, be kept at the voting place, at the
office of the board, or at the place of business of a person
designated by the board to conduct the special registration. At
least one week and no more than two weeks before the day the
period of special registration is to begin, the board shall cause
notice of the registration to be posted in at least two prominent
places within the proposed city or newly annexed territory and
may cause the notice to be published in a newspaper of general
circulation within the county. The notice shall state the purpose
and times of the special registration, the location of the
registration records, that only those persons registered in the
special registration may vote in the referendum or special
election, and that persons in newly annexed territory should
present themselves so their registration records may be activated
for voting in city or special district elections in the newly
annexed territory. Notice may additionally be made on a radio or
television station or both, but such notice shall be in addition
to the newspaper and other required notice.
(b) Only those persons registered pursuant to this section may
vote in the referendum or special election, provided, however,
that in cases where voters are activated under either Method A or
B to vote in a city or special district that annexes territory,
the city or special district shall permit them to vote in the
city or special district's election and shall, as well, permit
other voters to vote in such elections who did not register under
the provisions of this section if they are otherwise registered,
qualified and eligible to vote in the same. (1973, c. 551; 1977,
c. 752, s. 2; 1981, c. 33, s. 6; 1989, c. 93, s. 9; 1991 (Reg.
Sess., 1992), c. 1032, s. 9; 1993 (Reg. Sess., 1994), c. 762, s.
67.)
§ 163-288.3. Payment of cost of elections on question of
formation of a new municipality or special district.
Whenever a referendum or election is held on the question
of incorporation of a new municipality or the formation of a
special district, the cost of the election shall be paid by the
new municipality or special district in the event the voters
approve of incorporation or creation and the new municipality or
special district is established. If the voters disapprove and the
new municipality or special district is not established, the cost
of the election shall be paid by the county. The cost of the
election shall be advanced by the county, which shall be
reimbursed within 18 months of the date of election, by the
municipality or special district if it is established. (1981, c.
786, s. 1.)
§ 163-289. Right to challenge; challenge procedure.
(a)The rules governing challenges in municipal elections
shall be the same as are now applicable to challenges made in a
county election, provided however, any voter who challenges
another voter's right to vote in any municipal or special
district election must reside in such municipality or special
district.
(b) Whenever a challenge is made pursuant to this section, the
appropriate board of elections shall process such challenge in
accordance with the provisions of Article 8 of Chapter 163 of the
General Statutes as such Article is applicable.
(c) If a municipal board of elections sustains a challenge on
the grounds that a voter registered to vote in the municipality
is not a resident of the municipality, it shall forthwith certify
its decision to the county board of elections of the county or
counties in which the municipality lies, and the voter's
registration for municipal elections shall be expunged from the
county registration records. (1971, c. 835, s. 1; 1973, c. 793,
s. 89.)
§ 163-290. Alternative methods of determining the results of
municipal elections.
(a)Each city, town, village, and special district in this
State shall operate under one of the following alternative
methods of nominating candidates for and determining the results
of its elections:
(1) The partisan primary and election method set out in
G.S. 163-291.
(2) The nonpartisan primary and election method set out
in G.S. 163-294.
(3) The nonpartisan plurality method set out in G.S. 163-
292.
(4) The nonpartisan election and runoff election method
set out in G.S. 163-293.
(b) Each city whose charter provides for partisan municipal
elections as of January 1, 1972, shall operate under the partisan
primary and election method until such time as its charter is
amended to provide for nonpartisan elections. Each city, town,
village, and special district whose elections are by charter or
general law nonpartisan may select the nonpartisan primary and
election method, the nonpartisan plurality method, or the
nonpartisan election and runoff election method by resolution of
the municipal governing board adopted and filed with the State
Board of Elections not later than 5:00 P.M. Monday, January 31,
1972, except that a city whose charter provides for a nonpartisan
primary as of January 1, 1972, may not select the plurality
method unless its charter is so amended. If the municipal
governing board does not exercise its option to select another
choice before that time, the municipality shall operate under the
method specified in the following table:
Cities, towns and villages of
less than 5,000 Plurality
Cities, towns and villages of
5,000 or more Election and Runoff
Election
Special districts Plurality
After January 31, 1972, each city, town and village may change
its method of election from one to another of the methods set out
in subsection (a) by act of the General Assembly or in the manner
provided by law for amendment of its charter. (1971, c. 835, s.
1.)
Article 24.
Conduct of Municipal Elections.
§ 163-291. Partisan primaries and elections.
The nomination of candidates for office in cities, towns,
villages, and special districts whose elections are conducted on
a partisan basis shall be governed by the provisions of this
Chapter applicable to the nomination of county officers, and the
terms "county board of elections," "chairman of the county board
of elections," "county officers," and similar terms shall be
construed with respect to municipal elections to mean the
appropriate municipal officers and candidates, except that:
(1) The dates of primary and election shall be as
provided in G.S. 163-279.
(2) A candidate seeking party nomination for municipal
or district office shall file his notice of
candidacy with the board of elections no earlier
than 12:00 noon on the first Friday in July and no
later than 12:00 noon on the first Friday in August
preceding the election, except:
a. In 2001 a candidate seeking party nomination
for municipal or district office in any city
which elects members of its governing board on
a district basis, or requires that candidates
reside in a district in order to run, shall
file his notice of candidacy with the board of
elections no earlier than 12:00 noon on the
fourth Monday in July and no later than 12:00
noon on the second Friday in August preceding
the election; and
b. In 2002 if the election is held then under G.S.
160A-23.1, a candidate seeking party nomination
for municipal or district office shall file his
notice of candidacy with the board of elections
at the same time as notices of candidacy for
county officers are required to be filed under
G.S. 163-106.
No person may file a notice of candidacy
for more than one municipal office at the same
election. If a person has filed a notice of
candidacy for one office with the county board
of elections under this section, then a notice
of candidacy may not later be filed for any
other municipal office for that election unless
the notice of candidacy for the first office is
withdrawn first.
(3) The filing fee for municipal and district primaries
shall be fixed by the governing board not later than
the day before candidates are permitted to begin
filing notices of candidacy. There shall be a
minimum filing fee of five dollars ($5.00). The
governing board shall have the authority to set the
filing fee at not less than five dollars ($5.00) nor
more than one percent (1%) of the annual salary of
the office sought unless one percent (1%) of the
annual salary of the office sought is less than five
dollars ($5.00), in which case the minimum filing
fee of five dollars ($5.00) will be charged. The fee
shall be paid to the board of elections at the time
notice of candidacy is filed.
(4) The municipal ballot may not be combined with any
other ballot.
(5) The canvass of the primary and second primary shall
be held on the third day (Sunday excepted) following
the primary or second primary. In accepting the
filing of complaints concerning the conduct of an
election, a board of elections shall be subject to
the rules concerning Sundays and holidays set forth
in G.S. 103-5.
(6) Candidates having the right to demand a second
primary shall do so not later than 12:00 noon on the
Monday following the canvass of the first primary.
(1971, c. 835, s. 1; 1973, c. 870, s. 1; 1975, c.
370, s. 2; 1983, c. 330, s. 2; 1985, c. 599, ss. 2,
3; 1989 (Reg. Sess., 1990), c. 1012, s. 3; 1995
(Reg. Sess., 1996), c. 553, s. 2; 1999-227, s. 5.)
§ 163-292. Determination of election results in cities using
the plurality method.
In conducting nonpartisan elections and using the
plurality method, elections shall be determined in accordance
with the following rules:
(1) When more than one person is seeking election to a
single office, the candidate who receives the
highest number of votes shall be declared elected.
(2) When more persons are seeking election to two or
more offices (constituting a group) than there are
offices to be filled, those candidates receiving the
highest number of votes, equal in number to the
number of offices to be filled, shall be declared
elected.
(3) If two or more candidates receiving the highest
number of votes each receive the same number of
votes, the board of elections shall determine the
winner by lot. (1971, c. 835, s. 1.)
§ 163-293. Determination of election results in cities using
the election and runoff election method.
(a)Except as otherwise provided in this section,
nonpartisan municipal elections in cities using the election and
runoff election method shall be determined by a majority of the
votes cast. A majority within the meaning of this section shall
be determined as follows:
(1) When more than one person is seeking election to a
single office, the majority shall be ascertained by
dividing the total vote cast for all candidates by
two. Any excess of the sum so ascertained shall be a
majority, and the candidate who obtains a majority
shall be declared elected.
(2) When more persons are seeking election to two or
more offices (constituting a group) than there are
offices to be filled, the majority shall be
ascertained by dividing the total vote cast for all
candidates by the number of offices to be filled,
and by dividing the result by two. Any excess of the
sum so ascertained shall be a majority, and the
candidates who obtain a majority shall be declared
elected. If more candidates obtain a majority than
there are offices to be filled, those having the
highest vote (equal to the number of offices to be
filled) shall be declared elected.
(b) If no candidate for a single office receives a majority of
the votes cast, or if an insufficient number of candidates
receives a majority of the votes cast for a group of offices, a
runoff election shall be held as herein provided:
(1) If no candidate for a single office receives a
majority of the votes cast, the candidate receiving
the highest number of votes shall be declared
elected unless the candidate receiving the second
highest number of votes requests a runoff election
in accordance with subsection (c) of this section.
In the runoff election only the names of the two
candidates who received the highest and next highest
number of votes shall be printed on the ballot.
(2) If candidates for two or more offices (constituting
a group) are to be selected and aspirants for some
or all of the positions within the group do not
receive a majority of the votes, those candidates
equal in number to the positions remaining to be
filled and having the highest number of votes shall
be declared elected unless some one or all of the
candidates equal in number to the positions
remaining to be filled and having the second highest
number of votes shall request a runoff election in
accordance with subsection (c) of this section. In
the runoff election to elect candidates for the
positions in the group remaining to be filled, the
names of all those candidates receiving the highest
number of votes and demanding a runoff election
shall be printed on the ballot.
(c) The canvass of the first election shall be held on the
third day (Sunday excepted) after the election. A candidate
entitled to a runoff election may do so by filing a written
request for a runoff election with the board of elections no
later than 12:00 noon on the Monday after the result of the first
election has been officially declared. In accepting the filing of
complaints concerning the conduct of an election, a board of
elections shall be subject to the rules concerning Sundays and
holidays set forth in G.S. 103-5.
(d) Tie votes; how determined:
(1) If there is a tie for the highest number of votes in
a first election, the board of elections shall
conduct a recount and declare the results. If the
recount shows a tie vote, a runoff election between
the two shall be held unless one of the candidates,
within three days after the result of the recount
has been officially declared, files a written notice
of withdrawal with the board of elections. Should
that be done, the remaining candidate shall be
declared elected.
(2) If one candidate receives the highest number of
votes cast in a first election, but short of a
majority, and there is a tie between two or more of
the other candidates receiving the second highest
number of votes, the board of elections shall
declare the candidate having the highest number of
votes to be elected, unless all but one of the tied
candidates give written notice of withdrawal to the
board of elections within three days after the
result of the first election has been officially
declared. If all but one of the tied candidates
withdraw within the prescribed three-day period, and
the remaining candidate demands a runoff election in
accordance with subsection (c) of this section, a
runoff election shall be held between the candidate
who received the highest vote and the remaining
candidate who received the second highest vote.
(e) Runoff elections shall be held on the date fixed in G.S.
163-279(a)(4). Persons whose registrations become valid between
the date of the first election and the runoff election shall be
entitled to vote in the runoff election, but in all other
respects the runoff election shall be held under the laws, rules,
and regulations provided for the first election.
(f) A second runoff election shall not be held. The candidates
receiving the highest number of votes in a runoff election shall
be elected. If in a runoff election there is a tie for the
highest number of votes between two candidates, the board of
elections shall determine the winner by lot. (1971, c. 835, s. 1;
1973, c. 793, s. 90; 1995 (Reg. Sess., 1996), c. 553, s. 3.)
§ 163-294. Determination of election results in cities using
nonpartisan primaries.
(a)In cities whose elections are nonpartisan and who use
the nonpartisan primary and election method, there shall be a
primary to narrow the field of candidates to two candidates for
each position to be filled if, when the filing period closes,
there are more than two candidates for a single office or the
number of candidates for a group of offices exceeds twice the
number of positions to be filled. If only one or two candidates
file for a single office, no primary shall be held for that
office and the candidates shall be declared nominated. If the
number of candidates for a group of offices does not exceed twice
the number of positions to be filled, no primary shall be held
for those offices and the candidates shall be declared nominated.
(b) In the primary, the two candidates for a single office
receiving the highest number of votes, and those candidates for a
group of offices receiving the highest number of votes, equal to
twice the number of positions to be filled, shall be declared
nominated. In both the primary and election, a voter should not
mark more names for any office than there are positions to be
filled by election, as provided in G.S. 163-135(e) and G.S. 163-
151(2). If two or more candidates receiving the highest number of
votes each received the same number of votes, the board of
elections shall determine their relative ranking by lot, and
shall declare the nominees accordingly. The canvass of the
primary shall be held on the third day (Sunday excepted)
following the primary. In accepting the filing of complaints
concerning the conduct of an election, a board of elections shall
be subject to the rules concerning Sundays and holidays set forth
in G.S. 103-5.
(c) In the election, the names of those candidates declared
nominated without a primary and those candidates nominated in the
primary shall be placed on the ballot. 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 board
of elections shall determine the winner by lot. (1971, c. 835, s.
1; 1991, c. 341, s. 1; 1995 (Reg. Sess., 1996), c. 553, s. 4.)
§ 163-294.1. Death of candidates or elected officers.
(a)This section shall apply only to municipal and special
district elections.
(b) If a candidate for political party nomination for office
dies, becomes disqualified, or withdraws before the primary but
after the ballots have been printed, the provisions of G.S. 163-
112 shall govern.
If a candidate for nomination in a nonpartisan municipal
primary dies, becomes disqualified, or withdraws before the
primary but after the ballots have been printed, the board of
elections shall determine whether or not there is time to reprint
the ballots. If the board determines that there is not enough
time to reprint the ballots, the deceased or disqualified
candidate's name shall remain on the ballots. If he receives
enough votes for nomination, such votes shall be disregarded and
the candidate receiving the next highest number of votes below
the number necessary for nomination shall be declared nominated.
If the death or disqualification of the candidate leaves only two
candidates for each office to be filled, the nonpartisan primary
shall not be held and all candidates shall be declared nominees.
If a nominee for political party nomination dies, becomes
disqualified, or withdraws after the primary and before election
day, the provisions of G.S. 163-114 shall govern.
If a candidate in a nonpartisan election dies, becomes
disqualified, or withdraws before election day and after the
ballots have been printed, the board of elections shall determine
whether there is enough time to reprint the ballots. If there is
not enough time to reprint the ballots, and should the deceased
or disqualified candidate receive enough votes to be elected, the
board of elections shall declare the office vacant, and it shall
be filled as provided by law.
(c) If a person elected to any city office dies, becomes
disqualified, or resigns on or after election day and before he
has qualified by taking the oath of office, the office shall be
deemed vacant, and shall be filled as provided by law.
(d) A vacancy that occurs in a municipal or special district
elective office shall be filled by the governing body as provided
in G.S. 160A-63. In the case of a special district, the words
"city council" as used in G.S. 160A-63, shall mean the governing
body of the special district. (1971, c. 835, s. 1; 1985, c. 619.)
§ 163-294.2. Notice of candidacy and filing fee in
nonpartisan municipal elections.
(a)Each person offering himself as a candidate for
election to any municipal office in municipalities whose
elections are nonpartisan shall do so by filing a notice of
candidacy with the board of elections 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 ____________(at large)
(for the ____________ Ward) in the regular municipal
election to be held in______________ on _______,
_______ (municipality)
Signed
(Name of
Candidate)
Witness:
For the Board of Elections"
The notice of candidacy shall be either signed in the presence of
the chairman or secretary of the board of elections or the
director of elections of that county, 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 board of elections. The candidate
shall sign the notice of candidacy with his legal name and, in
his discretion, any nickname by which he is commonly known, in
the form that he wishes it to appear upon the ballot but
substantially as follows: "Richard D. (Dick) Roc." A candidate
may also, in lieu of his legal first name and legal middle
initial or middle name (if any) sign his nickname, provided that
he appends to the notice of candidacy an affidavit that he has
been commonly known by that nickname for at least five years
prior to the date of making the affidavit, and notwithstanding
the previous sentence, if the candidate has used his nickname in
lieu of first and middle names as permitted by this sentence,
unless another candidate for the same office who files a notice
of candidacy has the same last name, the nickname shall be
printed on the ballot immediately before the candidate's surname
but shall not be enclosed by parentheses. If another candidate
for the same office who filed a notice of candidacy has the same
last name, then the candidate's name shall be printed on the
ballot in accordance with the next sentence of this subsection.
The candidate shall also include with the affidavit the way his
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.
(b) Only persons who are registered to vote in the
municipality shall be permitted to file notice of candidacy for
election to municipal office. The board of elections shall
inspect the voter registration lists immediately upon receipt of
the notice of candidacy and shall cancel the notice of candidacy
of any candidate who is not eligible to vote in the election. The
board shall give notice of cancellation to any candidate whose
notice of candidacy has been cancelled under this subsection by
mail or by having the notice served on him by the county sheriff.
(c) Candidates seeking municipal office shall file their
notices of candidacy with the board of elections no earlier than
12:00 noon on the first Friday in July and no later than 12:00
noon on the first Friday in August preceding the election,
except:
(1) In 2001 candidates seeking municipal office in any
city which elects members of its governing board on
a district basis, or requires that candidates reside
in a district in order to run, shall file their
notices of candidacy with the board of elections no
earlier than 12:00 noon on the fourth Monday in July
and no later than 12:00 noon on the second Friday in
August preceding the election; and
(2) In 2002 if the election is held then under G.S. 160A-
23.1, candidates seeking municipal office shall file
their notices of candidacy with the board of
elections at the same time as notices of candidacy
for county officers are required to be filed under
G.S. 163-106.
Notices of candidacy which are mailed must be received by the
board of elections before the filing deadline regardless of the
time they were deposited in the mails.
(d) Any person may withdraw his notice of candidacy at any
time prior to the filing deadline prescribed in subsection (c),
and shall be entitled to a refund of his filing fee if he does
so.
(e) The filing fee for the primary or election shall be fixed
by the governing board not later than the day before candidates
are permitted to begin filing notices of candidacy. There shall
be a minimum filing fee of five dollars ($5.00). The governing
board shall have the authority to set the filing fee at not less
than five dollars ($5.00) nor more than one percent (1%) of the
annual salary of the office sought unless one percent (1%) of the
annual salary of the office sought is less than five dollars
($5.00), in which case the minimum filing fee of five dollars
($5.00) will be charged. The fee shall be paid to the board of
elections at the time notice of candidacy is filed.
(f) No person may file a notice of candidacy for more than one
municipal office at the same election. If a person has filed a
notice of candidacy for one office with the board of elections
under this section, then a notice of candidacy may not later be
filed for any other municipal office for the election unless the
notice of candidacy for the first office is withdrawn first.
(1971, c. 835, s. 1; 1973, c. 870, s. 2; 1975, c. 370, s. 2;
1977, c. 265, s. 18; 1981, c. 32, s. 3; 1983, c. 330, s. 3; c.
644, ss. 1, 2; 1985, c. 472, s. 5; c. 558, s. 3; c. 599, s. 1;
1989 (Reg. Sess., 1990), c. 1012, s. 4; 1995, c. 243, s. 1; 1999-
227, s. 6; 1999-456, s. 59.)
§ 163-294.3. Sole candidates to be voted upon in nonpartisan
municipal elections.
Each candidate for municipal office in nonpartisan
municipal elections shall be voted upon, even though only one
candidate has filed or has been nominated for a given office, in
order that the voters may have the opportunity to cast write-in
votes under the general election laws. (1971, c. 835, s. 1.)
§ 163-294.4. Failure of candidates to file; death of a
candidate before election.
(a)If in a nonpartisan municipal election, when the filing
period expires, candidates have not filed for all offices to be
filled, the board of elections may extend the filing period for
five days.
(b) If at the time the filing period closes only two persons
have filed notice of candidacy for election to a single office or
only as many persons have filed notices of candidacy for group
offices as there are offices to be filled, and thereafter one of
the candidates dies before the election and before the ballots
are printed, the board of elections shall, upon notification of
the death, 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 board of elections receives notice of the
candidate's death, 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.
(c) If the ballots have been printed at the time the board of
elections receives notice of a candidate's death, 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, the ballots shall not be reprinted and
the name of the deceased candidate shall remain on the ballots.
If a deceased candidate should poll the highest number of votes
in the election, even though short of a majority the board of
elections shall declare the office vacant and it shall be filled
in the manner provided by law. If no candidate in an election
receives a majority of the votes cast and the second highest vote
is cast for a deceased candidate, no runoff election shall be
held, but the board of elections shall declare the candidate
receiving the highest vote to be elected. (1971, c. 835, s. 1.)
§ 163-295. Municipal and special district elections;
application of Chapter 163.
To the extent that the laws, rules and procedures
applicable to the conduct of primary, general or special
elections by county boards of elections under Articles 3, 4, 5,
6, 7A, 8, 9, 10, 11, 12, 13, 14, 15, 19 and 22 of this Chapter
are not inconsistent with the provisions of this Article, those
laws, rules and procedures shall apply to municipal and special
district elections and their conduct by the board of elections
conducting those elections. The State Board of Elections shall
have the same authority over all such elections as it has over
county and State elections under those Articles. (1971, c. 835,
s. 1; 1973, c. 793, s. 91; 1993 (Reg. Sess., 1994), c. 762, s.
68.)
§ 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 four percent (4%) of the whole
number of voters qualified to vote in the municipal election
according to the most recent figures certified by the State Board
of Elections. 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 four percent (4%) of the voters
qualified to vote for that office. (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.)
§ 163-297. Structure at voting place; marking off limits of
voting place.
Precincts in which municipal primaries and elections are
conducted shall conform, in all regards, to the requirements
stipulated in G.S. 163-129 and all other provisions contained in
Chapter 163 relating to county and State elections. (1971, c.
835, s. 1.)
§ 163-298. Municipal primaries and elections.
The phrases "county board of elections," and "chairman of
the board of elections" as used in this Article, with respect to
all municipal primaries and elections, shall mean the municipal
board of elections and its chairman in those cities and towns
which conduct their own elections, and the county board of
elections and its chairman in those cities and towns whose
elections are conducted by the county board of elections. The
words "general election," as used in this Article, shall include
regular municipal elections, runoff elections, and nonpartisan
primaries, except where specific provision is made for municipal
elections and nonpartisan primaries. (1971, c. 835, s. 1.)
§ 163-299. Ballots; municipal primaries and elections.
(a)The ballots printed for use in general and special
elections under the provisions of this Article shall contain:
(1) The names of all candidates who have been put in
nomination in accordance with the provisions of
this Chapter by any political party recognized in
this State, or, in nonpartisan municipal elections,
the names of all candidates who have filed notices
of candidacy or who have been nominated in a
nonpartisan primary.
(2) The names of all persons who have qualified as
unaffiliated candidates under the provisions of G.S.
163-296.
(3) All questions, issues and propositions to be voted
on by the people.
(b) The form of municipal ballots to be used in partisan
municipal elections shall be the same as the form prescribed in
this Chapter for the county ballot. A nonpartisan municipal
ballot shall be divided into sections according to the offices to
be filled. Within each section the names of the candidates for
that office shall be printed. At the left of each name shall be
printed a voting square, and all voting squares on the ballot
shall be arranged in a perpendicular line. On the face of the
ballot, above the list of candidates and below the title of the
ballot shall be printed in heavy black type the following
instructions: "If you tear or deface or wrongly mark this ballot,
return it and get another."
(c) The names of candidates for nomination or election in
municipal primaries or elections shall be placed on the ballot in
strict alphabetical order, unless the municipal governing body
has adopted a resolution no later than 60 days prior to a primary
or election requesting that candidates' names be rotated on
ballots. In the event such a resolution has been adopted, then
the board of elections responsible for printing the ballots shall
have them printed so that the name of each candidate shall, as
far as practicable, occupy alternate positions on the ballot; to
that end the name of each candidate shall occupy with reference
to the name of every other candidate for the same office, first
position, second position and every other position, if any, upon
an equal number of ballots, and the ballots shall be distributed
among the precinct voting places impartially and without
discrimination.
(d) The provisions of G.S. 163-151(1), (2) and (3) shall apply
to ballots used in municipal primaries and elections in the same
manner as it is applied to county ballots provided, however, the
exceptions contained in G.S. 163-151 shall be adhered to if
applicable.
(e) The rules contained in G.S. 163-169 for counting primary
ballots shall be followed in counting ballots in municipal
primaries and nonpartisan primaries.
(f) The requirements contained in G.S. 163-171 shall apply to
all municipal elections.
(g) The county or municipal board of elections shall, in
addition to the requirements contained in G.S. 163-175 canvass
the results in a nonpartisan municipal primary, election or
runoff election, and in a special district election, the number
of legal votes cast in each precinct for each candidate, the name
of each person voted for, and the total number of votes cast in
the municipality or special district for each person for each
different office. (1971, c. 835, s. 1; 1979, c. 534, s. 4; c.
806.)
§ 163-300. Disposition of duplicate abstracts in municipal
elections.
Within five days after a primary or election is held in
any municipality, the chairman of the county or municipal board
of elections shall mail to the chairman of the State Board of
Elections, the duplicate abstract prepared in accordance with
G.S. 163-176. One copy shall be retained by the county or
municipal board of elections as a permanent record and one copy
shall be filed with the city clerk. (1971, c. 835, s. 1.)
§ 163-301. Chairman of election board to furnish certificate
of elections.
Not earlier than five days nor later than 10 days after
the results of any municipal election have been officially
determined and published in accordance with G.S. 163-175 and G.S.
163-179, the chairman of the county or municipal board of
elections shall issue certificates of election, under his hand
and seal, to all municipal and special district officers. In
issuing such certificates of election the chairman shall be
restricted by the provisions of G.S. 163-181. (1971, c. 835, s.
1.)
§ 163-302. Absentee voting.
(a)In any municipal election, including a primary or
general election or referendum, conducted by the county board of
elections, absentee voting may, upon resolution of the municipal
governing body, be permitted. Such resolution must be adopted no
later than 60 days prior to an election in order to be effective
for that election. Any such resolution shall remain effective for
all future elections unless repealed no later than 60 days before
an election. A copy of all resolutions adopted under this section
shall be filed with the State Board of Elections and the county
board of elections conducting the election within 10 days of
passage in order to be effective. Absentee voting shall not be
permitted in any municipal election unless such election is
conducted by the county board of elections. In addition, absentee
voting shall be allowed in any referendum on incorporation of a
municipality.
(b) The provisions of Articles 20 and 21 of this Chapter shall
apply to absentee voting in municipal elections, special district
elections, and other elections for an area less than an entire
county other than elections for the General Assembly, except that
the earliest date by which absentee ballots shall be required to
be available for absentee voting in such elections shall be 30
days prior to the primary or election or as quickly following the
filing deadline specified in G.S. 163-291(2) or G.S. 163-294.2(c)
as the county board of elections is able to secure the official
ballots. In elections on incorporation of a municipality not held
at the same time as another election in the same area, the county
board of elections shall adopt a special schedule of meetings of
the county board of elections to approve absentee ballot
applications so as to reduce the cost of the process, and to
further implement the last paragraph of G.S. 163-230(2)a. If no
application has been received since the last meeting, no meeting
shall be held of the county board of elections under such
schedule unless the meeting is scheduled for another purpose. If
another election is being held in the same area on the same day,
or elsewhere in the county, the cost of per diem for meetings of
the county board of elections to approve absentee ballots shall
not be considered a cost of the election to be billed to the
municipality being created. (1971, c. 835, s. 1; 1975, c. 370, s.
1; c. 836; 1977, c. 475, s. 1; 1983, c. 324, s. 6; 1991 (Reg.
Sess., 1992), c. 933, s. 1.)
§ 163-303. Repealed by Session Laws 1977, c. 265, s. 19.
§ 163-304. State Board of Elections to have jurisdiction over
municipal elections and election officials, and to
advise; emergency and ongoing administration by county
board.
(a)Authority and Duty of State Board. – The State Board of
Elections shall have the same authority over municipal elections
and election officials as it has over county and State elections
and election officials. The State Board of Elections shall advise
and assist cities, towns, incorporated villages and special
districts, municipal boards of elections, their members and legal
officers on the conduct and administration of their elections and
registration procedure.
The city council shall provide written notification to the
State Board of Elections of the appointment of each member of its
municipal board of elections within five days after the
appointment. The municipal board of elections and the city
council shall provide such other information about the municipal
board of elections as the State Board may require. Members of the
municipal board of elections and municipal elections officials
shall participate in training provided by the State Board
pursuant to G.S. 163-82.24. The State Board shall provide the
same training, materials, and assistance to municipal boards of
elections that it provides to county boards of elections.
The county and municipal boards of elections shall be governed
by the same rules for settling controversies with respect to
counting ballots or certification of the returns of the vote in
any municipal or special district election as are in effect for
settling such controversies in county and State elections.
(b) Emergency Administration if Municipal Board Is Not
Appointed. – If a city council in a city that has elected
pursuant to G.S. 163-285 to conduct its own elections has not
appointed a municipal board of elections and reported the
appointments to the Executive Secretary-Director by March 1 in
the year in which the city election is to occur, the Executive
Secretary-Director shall notify the city council that, unless a
municipal board of elections is appointed and the Executive
Secretary-Director notified of its appointment by April 1 of that
year, the county board of elections shall be ordered to conduct
that city's elections that year on an emergency basis. If the
city council does not so appoint and so notify by April 1, the
Executive Secretary-Director shall order the county board of
elections to conduct the city's elections that year on an
emergency basis.
(c) Emergency Administration Due to Serious Violations. – If a
city council or municipal board of elections has committed
violations of the applicable portions of this Chapter prior to a
city election and those violations are of such magnitude as to
give rise to reasonable doubt as to the ability of the municipal
board of elections to conduct that election with competence and
fairness, the Executive Secretary-Director of the State Board,
with the approval of at least four members of the State Board,
may order the county board of elections to conduct the remainder
of that election on an emergency basis. Before an order is made
under this subsection, the city council and municipal board of
elections shall be given an opportunity to be heard by the State
Board.
(d) Ongoing County Administration. – The State Board of
Elections may designate the county board of elections as the
ongoing agency to conduct a city's elections if all the following
conditions are met:
(1) In more than one election conducted by that city
either (i) the city's elections have been
administered on an emergency basis pursuant to
subsection (b) or (c) of this section or (ii) a new
election has been ordered because of irregularities
in the city's administration of the election.
(2) The State Board finds that the interest of the
residents of the city in fair and competent
administration of elections requires that the city
not conduct its own elections.
(3) The city council and municipal board of elections
are given an opportunity to be heard before the
State Board.
(4) The State Board by a vote of at least four of its
members designates the county board of elections as
the ongoing agency to conduct that city's elections.
The city council may not elect to conduct its own elections under
G.S. 163-285 until every member of the city council has been
elected in a election conducted by the county board of elections
after the State Board's designation.
(e) Reimbursement. – If the county board of elections
administers a city's elections pursuant to subsection (b), (c),
or (d) of this section, the city shall reimburse the county board
of elections in the manner set forth in G.S. 163-285. (1971, c.
835, s. 1; 1973, c. 793, s. 92; 1999-426, s. 6(a).)
§ 163-305. Validation of elections.
All elections, and the results thereof, previously held in
and for any municipality, special district, or school
administrative unit pursuant to Subchapter IX, Chapter 163, are
hereby validated. (1973, c. 492, s. 1.)
§ 163-306. Assumption of office by mayors and councilmen.
Newly elected mayors and councilmen (members of the
governing body) shall take office as prescribed by G.S. 160A-68.
(1973, c. 866.)
SUBCHAPTER X. ELECTION OF SUPERIOR COURT JUDGES.
Article 25.
Nomination and Election of Superior Court Judges.
[Effective with respect to elections conducted in 1998 and
thereafter]
§ 163-321. Applicability.
The nomination and election of superior court judges of
the General Court of Justice shall be as provided by this
Article. (1996, 2nd Ex. Sess., c. 9, s. 7.)
§ 163-322. Nonpartisan primary election method.
(a)General. – Except as provided in G.S. 163-329, there
shall be a primary to narrow the field of candidates to two
candidates for each position to be filled if, when the filing
period closes, there are more than two candidates for a single
office or the number of candidates for a group of offices exceeds
twice the number of positions to be filled. If only one or two
candidates file for a single office, no primary shall be held for
that office and the candidates shall be declared nominated. If
the number of candidates for a group of offices does not exceed
twice the number of positions to be filled, no primary shall be
held for those offices and the candidates shall be declared
nominated.
(b) Determination of Nominees. – In the primary, the two
candidates for a single office receiving the highest number of
votes, and those candidates for a group of offices receiving the
highest number of votes, equal to twice the number of positions
to be filled, shall be declared nominated. If two or more
candidates receiving the highest number of votes each receive the
same number of votes, the State Board of Elections shall
determine their relative ranking by lot, and shall declare the
nominees accordingly. The canvass of the primary shall be held on
the same date as the primary canvass fixed under G.S. 163-188.
The canvass shall be conducted in accordance with Article 16 of
this Chapter.
(c) Determination of Election Winners. – In the election, the
names of those candidates declared nominated without a primary
and those candidates nominated in the primary shall be placed on
the ballot. 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
shall determine the winner by lot. (1996, 2nd Ex. Sess., c. 9, s.
7.)
§ 163-323. Notice of candidacy.
(a)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 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 chairman or secretary of the State Board of Elections, 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. In signing a notice of candidacy, the
candidate shall use only the candidate's legal name and, in his
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 himself shall be invalid.
(b) Time for Filing Notice of Candidacy. – Candidates seeking
election to the following offices shall file their notice of
candidacy with the State Board of Elections no earlier than 12:00
noon on the first Monday in January and no later than 12:00 noon
on the first Monday in February preceding the election:
Judges of the superior courts.
(c) Withdrawal of Notice of Candidacy. – Any person who has
filed a notice of candidacy for an office shall have the right to
withdraw it at any time prior to the date on which the right to
file for that office expires under the terms of subsection (b) of
this section.
(d) Certificate That Candidate Is Registered Voter. –
Candidates shall file along with their notice a certificate
signed by the chairman of the board of elections or the
supervisor 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 county contains more than one superior
court district, stating the superior court district of which the
person is a resident. In issuing such certificate, the chairman
or supervisor 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 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 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 each odd-numbered year.
(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 (b) of this section, or for an
office or group of offices described in subsection (b) 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. (1996, 2nd Ex. Sess., c. 9, s. 7;
1998-217, s. 36(a).)
§ 163-324. Filing fees required of candidates; refunds.
(a) Fee Schedule. – At the time of filing a notice of
candidacy under this Article, each candidate shall pay to the
State Board of Elections a filing fee for the office he seeks in
the amount of one percent (1%) of the annual salary of the office
sought.
(b) Refund of Fees. – If any person who has filed a notice of
candidacy and paid the filing fee prescribed in subsection (a) of
this section withdraws his notice of candidacy within the period
prescribed in G.S. 163-323(c), he shall be entitled to have the
fee he paid refunded. The chairman of the State Board of
Elections shall cause a warrant to be drawn on the State
Treasurer for the refund payment.
If any person who has filed a notice of candidacy and paid the
filing fee prescribed in subsection (a) of this section dies
prior to the date of the election, the personal representative of
the estate shall be entitled to have the fee refunded if
application is made to the board of elections to which the fee
was paid no later than one year after the date of death, and
refund shall be made in the same manner as in withdrawal of
notice of candidacy. (1996, 2nd Ex. Sess., c. 9, s. 7.)
§ 163-325. Petition in lieu of payment of filing fee.
(a)General. – Any qualified voter who seeks election under
this Article may, in lieu of payment of any filing fee required
for the office he seeks, file a written petition requesting him
to be a candidate for a specified office with the State Board of
Elections.
(b) Requirements of Petition; Deadline for Filing. – If the
candidate is seeking the office of superior court judge, that
individual shall file a written petition with the State Board of
Elections no later than 12:00 noon on Monday preceding the filing
deadline before the primary. The petition shall be signed by ten
percent (10%) of the registered voters of the election area in
which the office will be voted for. The board of elections shall
verify the names on the petition, and if the petition and notice
of candidacy are found to be sufficient, the candidate's name
shall be printed on the appropriate ballot. Petitions must be
presented to the county board of elections for verification at
least 15 days before the petition is due to be filed with the
State Board of Elections. The State Board of Elections may adopt
rules to implement this section and to provide standard petition
forms. (1996, 2nd Ex. Sess., c. 9, s. 7.)
§ 163-326. Certification of notices of candidacy.
(a)Names of Candidates Sent to Secretary of State. –
Within three days after the time for filing notices of candidacy
with the State Board of Elections under the provisions of G.S.
163-323(b) has expired, the chairman or secretary of that Board
shall certify to the Secretary of State the name and address of
each person who has filed with the State Board of Elections,
indicating in each instance the office sought.
(b) Notification of Local Boards. – No later than 10 days
after the time for filing notices of candidacy under the
provisions of G.S. 163-323(b) has expired, the chairman of the
State Board of Elections shall certify to the chairman of the
county board of elections in each county in the appropriate
district the names of candidates for nomination to the offices of
superior court judge who have filed the required notice and paid
the required filing fee or presented the required petition to the
State Board of Elections, so that their names may be printed on
the official judicial ballot for superior court.
(c) Receipt of Notification by County Board. – Within two days
after receipt of each of the letters of certification from the
chairman of the State Board of Elections required by subsection
(b) of this section, each county elections board chairman shall
acknowledge receipt by letter addressed to the chairman of the
State Board of Elections. (1996, 2nd Ex. Sess., c. 9, s. 7.)
§ 163-327. Vacancies of candidates or elected officers.
(a)Death or Disqualification of Candidate Before Primary.
– If a candidate for nomination in a primary dies or becomes
disqualified before the primary but after the ballots have been
printed, the State Board of Elections shall determine whether or
not there is time to reprint the ballots. If the Board determines
that there is not enough time to reprint the ballots, the
deceased or disqualified candidate's name shall remain on the
ballots. If that candidate receives enough votes for nomination,
such votes shall be disregarded and the candidate receiving the
next highest number of votes below the number necessary for
nomination shall be declared nominated. If the death or
disqualification of the candidate leaves only two candidates for
each office to be filled, the nonpartisan primary shall not be
held and all candidates shall be declared nominees.
(b) Death, Disqualification, or Resignation of Official After
Election. – If a person elected to the office of superior court
judge dies, becomes disqualified, or resigns on or after election
day and before he has qualified by taking the oath of office, the
office shall be deemed vacant and shall be filled as provided by
law. (1996, 2nd Ex. Sess., c. 9, s. 7; 1999-424, s. 4(a).)
§ 163-328. Failure of candidates to file; death or other
disqualification of a candidate before election.
(a)Insufficient Number of Candidates. – If when the filing
period expires, candidates have not filed for an office to be
filled under this Article, the State Board of Elections shall
extend the filing period for five days for any such offices.
(b) Death or Other Disqualification of Candidate; Reopening
Filing. – If there is no primary because 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 candidate dies
or otherwise becomes disqualified before the election and before
the ballots are printed, the State Board of Elections 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 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, and such election
shall be conducted on the plurality basis.
(c) Vacancy Caused by Nominated Candidate; Ballots Not
Reprinted. – If the ballots have been printed at the time the
State Board of Elections receives notice of a candidate's death,
other disqualification, or resignation, 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 shall declare the office vacant and it shall be
filled in the manner provided by law. (1996, 2nd Ex. Sess., c. 9,
s. 7; 1999-424, s. 4(b).)
§ 163-329. Elections to fill vacancy created after primary
filing period to use plurality method.
(a)General. – If a vacancy is created in the office of
judge of superior court after the filing period for the primary
opens but more than 60 days before the general election, and
under the Constitution of North Carolina an election is to be
held for that position, such that the office shall be filled in
the general election as provided in G.S. 163-9, the election to
fill the office for the remainder of the term shall be conducted
without a primary using the plurality method as provided in
subsection (b) of this section. If a vacancy is created in the
office of judge of superior court before the filing period for
the primary opens, and under the Constitution of North Carolina
an election is to be held for that position, such that the office
shall be filled in the general election as provided in G.S. 163-
9, the election to fill the office for the remainder of the term
shall be conducted in accordance with G.S. 163-322.
(b) Plurality Election Rules. – Elections under this section
shall be conducted using the following rules:
(1) The filing period shall be prescribed by the State
Board of Elections, but in no event may it be less
than five working days. If a vacancy occurs in a
second office in the same superior court district
after the first filing period established under the
section has closed, the State Board of Elections
shall reopen filing for a period of not less than
five working days for the office of superior court
judge. All persons filing in either filing period
shall run as a group and the election results shall
be determined by subdivision (3) of this subsection.
(2) When more than one person is seeking election to a
single office, the candidate who receives the
highest number of votes shall be declared elected.
(3) When more persons are seeking election to two or
more offices (constituting a group) than there are
offices to be filled, those candidates receiving the
highest number of votes, equal in number to the
number of offices to be filled, shall be declared
elected.
(4) If two or more candidates receiving the highest
number of votes each receive the same number of
votes, the board of elections shall determine the
winner by lot.
(5) Except as provided in this section, the provisions
of this Article apply to elections conducted under
this section. (1996, 2nd Ex. Sess., c. 9, s. 7.)
§ 163-330. Voting in primary.
Any person who will become qualified by age or residence
to register and vote in the general election for which the
primary is held, even though not so qualified by the date of the
primary, shall be entitled to register for the primary and
general election prior to the primary and then to vote in the
primary after being registered. Such person may register not
earlier than 60 days nor later than the last day for making
application to register under G.S. 163-82.6(c) prior to the
primary. (1996, 2nd Ex. Sess., c. 9, s. 7.)
§ 163-331. Date of primary.
The primary shall be held on the same date as established
for primary elections under G.S. 163-1(b). (1996, 2nd Ex. Sess.,
c. 9, s. 7.)
§ 163-332. Ballots.
(a)General. – In elections there shall be official
ballots. The ballots shall be printed to conform to the
requirement of G.S. 163-140(c) and to show the name of each
person who has filed notice of candidacy, and the office for
which each aspirant is a candidate.
Only those who have filed the required notice of candidacy
with the proper board of elections, and who have paid the
required filing fee or qualified by petition, shall have their
names printed on the official primary ballots. Only those
candidates properly nominated shall have their names appear on
the official general election ballots.
(b) Ballots to be Furnished by County Board of Elections. – It
shall be the duty of the county board of elections to print
official ballots for the following offices to be voted for in the
primary:
Superior court judge.
In printing ballots, the county board of elections shall be
governed by instructions of the State Board of Elections with
regard to width, color, kind of paper, form, and size of type.
Three days before the election, the chairman of the county
board of elections shall distribute official ballots to the chief
judge of each precinct in his county, and the chief judge shall
give a receipt for the ballots received. On the day of the
primary, it shall be the chief judge's duty to have all the
ballots so delivered available for use at the precinct voting
place. (1996, 2nd Ex. Sess., c. 9, s. 7.)
§ 163-333. Canvass.
The county board of elections shall, in addition to the
requirements contained in G.S. 163-175, canvass the results in
judicial primaries and elections, the number of legal votes cast
in each precinct for each candidate, the name of each person
voted for, and the total number of votes cast in the county for
each person for each different office. (1996, 2nd Ex. Sess., c.
9, s. 7.)
§ 163-334. Counting of ballots.
Counting of ballots in primaries and elections held under
this Article shall be under the same rules as for counting of
ballots in nonpartisan municipal elections under Article 24 of
this Chapter. (1996, 2nd Ex. Sess., c. 9, s. 7.)
§ 163-335. Other rules.
Except as provided by this Article, the conduct of
elections shall be governed by Subchapter VI of this Chapter.
(1996, 2nd Ex. Sess., c. 9, s. 7.)