GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 1199

Short Title:  Open Ballot Access.	(Public)
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Sponsors: Representative Pope.
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Referred to:  Judiciary.
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April 12, 1989

A BILL TO BE ENTITLED
AN ACT TO OPEN BALLOT ACCESS FOR CANDIDATES OF NEW POLITICAL PARTIES AND INDEPENDENTS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 163-96 reads as rewritten:
"§ 163-96. ‘Political party' defined; placement of candidates of a new party on the ballot.
(a)	Definition. – A political party for the purpose of the placement of candidates on the ballot under 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 one percent (1%) 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 placement on the ballot of candidates of a new political party which are signed by registered and qualified voters in this State equal in number to one-half of one percent (.5%) of the total number of voters who voted in the most recent general election for Governor. 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 purpose of placement of candidates of a new political party on the appropriate ballots 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 TO PLACE ON THE APPROPRIATE BALLOTS IN THE NEXT SUCCEEDING GENERAL ELECTION THE CANDIDATES OF THE NEW POLITICAL PARTY NAMED ......... AND WHOSE STATE CHAIRMAN IS ................., RESIDING AT................ AND WHO CAN BE REACHED BY TELEPHONE AT....... '
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.
The validity of the signatures on the petitions shall be proved in accordance with one of the following alternative procedures:
(1)	The signers may acknowledge their signatures before an officer authorized to take acknowledgments, after which that officer shall certify the validity of the signatures by appropriate notation attached to the petition, or
(2)	A person in whose presence a petition was signed may go before an officer authorized to take acknowledgments and, after being sworn, testify to the genuineness of the signatures on the petition, after which the officer before whom he has testified shall certify his testimony by appropriate notation attached to the petition.
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 require a fee of five cents (5¢) for each signature appearing and 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 and the required fee received."
Sec. 2.  G.S. 163-97 reads as rewritten:
"§ 163-97. Termination of status as political party entitled to ballot placement.
When any political party fails to poll for its candidate for governor, or for presidential electors, at least one percent (1%) of the entire vote cast in the State for governor or for presidential electors at a general election, it shall cease to qualify for placement of its candidates on the ballot in elections conducted on a partisan basis."
Sec. 3.  G.S. 163-98 reads as rewritten:
"§ 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 all offices elected on a partisan basis printed on the official ballots.
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 offices elected on a partisan basis 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."
Sec. 4.  G.S. 163-122(a) reads as rewritten:
"§ 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 one-half percent (.5%) 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. 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 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 and a fee of five cents (5¢) for each name appearing on the petition has been received.
(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 State equal in number to one-half of one percent (.5%) 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 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 supervisor 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 one-half of one percent (.5%) 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. Each petition shall be presented to the chairman or supervisor 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 supervisor 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 and affidavit 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."
Sec. 5.  G.S. 115C-527 reads as rewritten:
"§ 115C-527. 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, entitled to placement of its candidates on the ballot under 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."
Sec. 6.  G.S. 163-1(c) reads as rewritten:
	"(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 entitled to placement of its candidates on the ballot under G.S. 163-96 unless otherwise provided by the plan of organization of the political party. One presidential elector shall be nominated from each congressional district and two from the state-at-large."
Sec. 7.  G.S. 163-66 reads as rewritten:
"§ 163-66. Custody of registration records and pollbooks; access; obtaining copies.
In all counties the registration records, books, registration certificates, indexes, computer lists, discs, labels and tapes and other records of registration and voting shall be and remain in the possession of the county board of elections. The county board of elections shall keep all such records in a safe and secure place where they may not be tampered with, stolen or destroyed. If possible, the board shall keep them in a fireproof vault or file. The board may  exercise supervision and control of these records through its properly designated officers and employees. It shall be the duty of the county board of elections, on application of any candidate, or the county chairman of any political party, or any other person, to furnish a list of the persons registered to vote in the county or in any precinct or precincts therein. No registrar shall furnish lists of registered voters or permit the registration records of his precinct to be copied. The county board of elections shall furnish such lists and upon request, it may furnish selective lists according to party affiliation, sex, race, date of registration, or any other reasonable category. In all instances, however, the county board of elections shall require persons to whom any list is furnished to make full reimbursement for the expense incurred in preparing it. Notwithstanding the above, however, the chairman of each political party in the county, entitled to placement of its candidates on the ballot under G.S. 163-96, shall be entitled biennially, upon written request, to one free list of all registered voters in his county showing the name, address, sex, political affiliation and precinct of each registered voter, provided, that in counties having voter records maintained on electronic data processing equipment, such lists shall not be furnished biennially but instead on the following schedule: once in each odd-numbered year, once during the first six calendar months of each even-numbered year, and once during the last six months of each even-numbered year. In addition to the typed, mimeographed, xeroxed or computer print-out lists required hereinabove, each county that provides voters' lists from computers shall, upon written request from the State chairman of each political party, provide once in each odd-numbered year, once during the first six calendar months of each even-numbered year, and once during the last six months of each even-numbered year a computer disc or tape containing the name, address, sex, race, age, political affiliation and precinct of each registered voter and it shall be the responsibility of each State chairman receiving such discs or tapes to provide them to candidates for election who are candidates of their respective political parties and who request the discs or tapes in writing. The free list to be furnished to the county chairman of each political party shall group the registered voters by precinct and shall be furnished as soon as practicable but no later than 30 days after said request. The discs or tapes to be furnished to the State chairman shall be furnished as soon as practicable but no later than 30 days after the request, and the State chairman is required to return the tapes or discs to the county board of elections within 30 days after receiving them."
Sec. 8. G.S. 163-66.1(l) reads as rewritten:
	"(l)  For purposes of this act, ‘political party' is a political party entitled to placement of its candidates on the ballot under G.S. 163-96."
Sec. 9.  G.S. 163-99 reads as rewritten:
"§ 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, entitled to placement of its candidates on the ballot under 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."
Sec. 10. G.S. 163-209 reads as rewritten:
"§ 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 entitled to placement of its candidates on the ballot under G.S. 163-96 shall be filed with the Secretary of State but shall not be printed on the ballot. 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 entitled to placement of its candidates on the ballot under G.S. 163-96. A vote for the candidates named on the ballot shall be a vote for the electors of the party by which those candidates were nominated and whose names have been filed with the Secretary of State."
Sec. 11. G.S. 163-221(a) reads as rewritten:
	"(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 a political party to be entitled to placement of its candidates on the ballot;
(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."
Sec. 12.  G.S. 163-232 reads as rewritten:
"§ 163-232. Certified list of executed absentee ballots; distribution of list.
The chairman of 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. 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 ........,  19 ....., 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, whose original applications or original applications made by near relatives are filed in the office of the county board of elections; and I further certify that I have not delivered ballots for absentee voting to any person other than the voter himself, by mail or in person, except as provided by law, in the case of approved applications received after 5:00 P.M. on the Tuesday or Friday before the election.
This the ........ day of ............., 19 .....
               ...................................
                         (Signature of chairman of
                        county board of elections)
Sworn to and subscribed before me this ......... day of ......, 19 ...... Witness my hand and official seal.
               ...................................
                         (Signature of officer    
                           administering oath)    
               ...................................
                        (Title of officer)'       
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 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, Post Office Box 1166, Raleigh, N.C. 27602. He 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 registrar of each precinct in the county. The chairman shall be authorized to call upon the sheriff of the county to distribute the list to the precincts. In addition the chairman shall, upon request, provide a copy of the complete list to the chairman of each political party, entitled to placement of its candidates on the ballot under the provisions of G.S. 163-96, represented in the county.
The registrar 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 registrar 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 such person is already recorded as having voted in that election, the registrar 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.
All lists required by this section shall be retained by the county board of elections for a period of four years after which they may then be destroyed."
Sec. 13.  G.S. 163-278.6(15) reads as rewritten:
"(15)	The term ‘political party' means any political party organized or operating in this State, whether or not that party is entitled to placement of its candidates on the ballot under the provisions of G.S. 163-96."
Sec. 14.  G.S. 163-278.13(e) reads as rewritten:
"(e)	This section shall not apply to any 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 entitled to placement of its candidates on the ballot under G.S. 163-96."
Sec. 15.  G.S. 163-296 reads as rewritten:
"§ 163-296. Nomination by petition.
In cities conducting partisan elections, any qualified voter who seeks to have his name printed on the regular municipal election ballot as an unaffiliated candidate may do so in the manner provided in G.S. 163-122, except that the petitions and affidavits shall be filed not later than 12:00 noon on the Friday preceding the seventh Saturday before the election, and the petitions shall be signed by a number of qualified voters of the municipality equal to at least one-half of one percent (.5%) 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."
Sec. 16.  This act is effective upon ratification.