GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	2 

HOUSE BILL 1004
Committee Substitute Favorable 5/4/89

Short Title:  Death of Candidate.	(Public)
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Sponsors:
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Referred to:  
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April 4, 1989

A BILL TO BE ENTITLED
AN ACT TO RESTORE THE FORMER LAW RELATING TO DEATH OF A CANDIDATE FOR A PRIMARY, SO THAT VOTES FOR A DECEASED CANDIDATE ARE COUNTED, TO THE END THAT IF THE DECEASED CANDIDATE WINS THE PRIMARY, THE PROPER PARTY EXECUTIVE COMMITTEE SHALL CHOOSE THE NOMINEE.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 163-112 reads as rewritten:
"§ 163-112.  Death of candidate before primary; disqualification.
(a)	Death of One of Two Candidates within 30 Days after the Filing Period Closes for Single Office. – 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 a candidate or candidates file during that additional period, the name or names shall be printed on the ballot and the name of the deceased candidate shall not be printed on the ballot.  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 for Single Office. – 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.
(b1)	Death of Candidate for Single Office more than 30 Days after the Filing Period Closes.  In the event a candidate's death occurs more than 30 days after the closing of the original filing period, the names of the candidates shall be printed on the ballot.  The ballots shall not be reprinted and any votes cast for a deceased candidate shall be counted.  In such a case, should the deceased candidate poll the highest number of votes in a primary for party nomination to the office he sought, even though short of a majority, the proper party executive committee shall appoint the nominee under the provisions of G.S. 163-114.  Should no candidate receive a majority of the votes cast in the primary, a candidate who is not deceased receive the highest number of votes, and the second highest number of votes are cast for a deceased candidate, no second primary shall be held, and the proper board of election shall declare the candidate receiving the highest number of votes 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 a candidate or candidates file during that additional period, the name or names shall be printed on the ballot and the name of the deceased candidate shall not be printed on the ballot. 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's 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 ballots shall not be reprinted but votes cast for the deceased candidate shall 
	be counted.  In such a case, should the deceased candidate poll a number of votes in a primary for party nomination which would entitle that person to nomination to the office he sought, even though short of a majority, the proper party executive committee shall appoint a nominee in place of the deceased person under the provisions of G.S. 163-114.  Should not enough candidates receive a majority of the votes cast in the primary to fill all the positions to be filled, and a number of votes are cast for a deceased candidate which would entitle that deceased candidate to call for a second primary, then the proper board of elections shall declare the candidate receiving the highest number of votes but not a majority to be one of the party's nominees for that office as if that candidate had received a majority.
(e)	Disqualification after the Filing Period Closes in Group Office.  If disqualification of candidates after the filing period closes and before a primary for a group office 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."
Sec. 2.  This act shall become effective with respect to primary elections occurring on or after January 1, 1990.