GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	2 

SENATE BILL 193
Second Edition Engrossed 5/9/91

Short Title:  Abolish Runoff Primary.	(Public)
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Sponsors: Senators Hunt; and Bryan.
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Referred to:  Election Laws.
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February 27, 1991

A BILL TO BE ENTITLED
AN ACT TO ABOLISH THE RUNOFF PRIMARY. 
The General Assembly of North Carolina enacts:
PART 1. GENERAL LAW AMENDMENTS
Section 1.  G.S. 163-111 reads as rewritten:
"§ 163-111.  Determination of primary results.
																(g)	Nominations in primary elections shall be determined as follows:
(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 the nominee.
(2)	When more persons are seeking nomination 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 the nominees.
	(h) When more than one person is seeking election to a single office, and two or more candidates receiving the highest number of votes each receive the same number of votes, the proper party executive committee shall, from among those candidates receiving the same number of votes, select the party nominee in accordance with G.S. 163-114.
(i)	When more persons are seeking nomination to two or more offices (constituting a group) than there are offices to be filled, and two or more candidates receiving the lowest number of votes necessary for nomination each receive the same number of votes, the proper party executive committee shall, from among those candidates receiving the same number of votes, select the party nominee in accordance with G.S. 163-114."
Sec. 2.  G.S. 163-227.1 is repealed.
Sec. 3.  G.S. 163-227.3 reads as rewritten:
"§ 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 60 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.
	."
Sec. 4.  G.S. 163-278.6(8) reads as rewritten:
"(8)	The term ‘election' means any general or special election, a primary, a runoff election, or an election to fill a vacancy. The term ‘election' shall not include any local or statewide referendum."
Sec. 5.  G.S. 163-278.9(a) reads as rewritten:
"(a)	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 his 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)	Preprimary Report. – The treasurer shall file a report with the Board no later than the tenth day preceding the primary election.
(3)	Postprimary Report(s). – The treasurer shall file a report with the Board no later than the tenth day after the primary election if the candidate was eliminated in the primary. 
(4)	Preelection Report. – The treasurer shall file a report with the Board not later than the tenth day preceding the general election.
(5)	Repealed by Session Laws 1985, c. 164, s. 1, effective January 1, 1986.
(6)	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 the last Friday in January of the following year."
Sec. 6.  G.S. 163-278.13(d) reads as rewritten:
"(d)	For the purposes of this section, the term ‘an election' means any primaryor 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."
Sec. 7.  G.S. 163-278.40B reads as rewritten:
"§ 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.
(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."
Sec. 8.  G.S. 163-279(a)(2) reads as rewritten:
"(a)	Primaries and elections for offices filled by election of the people in cities, towns, incorporated villages, and special districts shall be held in 1991 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 primary shall be held on the fourth Tuesday before the elections."
(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."
Sec. 9.  G.S. 163-291 reads as rewritten:
"§ 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 1991 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 1992 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 Thursday following the primary.
	."
Sec. 10.  G.S. 163-179.1(a) reads as rewritten:
"(a)	Whenever, according to the canvass made under this Article, the difference between the number of votes received by a candidate who
	has received the number of votes necessary to be declared nominated for an office in a primary election with a majority
	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."
Sec. 11. G.S. 163-192.1(a) reads as rewritten:
"(a)	Whenever, according to the canvass made under this Article, the difference between the number of votes received by a candidate who
	has received the number of votes necessary to be declared nominated for an office in a primary election with a majority
	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."
PART 2.  DURHAM COUNTY BOARD OF EDUCATION
Sec. 12.  Section 2 of Chapter 657, Session Laws of 1975, as amended by Chapter 249, Session Laws of 1977, is amended by adding the following at the end:
"The runoff election shall be held on the date of the general election established by G.S. 163-1(c)."
PART 3. CHARLOTTE-MECKLENBURG BOARD OF EDUCATION
Sec. 13.  Section 7 of Chapter 378, Session Laws of 1959, is amended by deleting "it shall be held at the time that the second primary would be held under the general law dealing with nomination of State officers", and substituting ", it shall be held on the date of the general election established by G.S. 163-1(c)".
PART 4. ORANGE COUNTY BOARD OF EDUCATION
Sec. 14.  Section 6 of Chapter 603, Session Laws of 1977, as enacted by Section 2 of Chapter 1214, Session Laws of 1981, reads as rewritten:
"Sec. 6.  If a runoff election is required, the runoff election shall be held 	on the date of the general election established by G.S. 163-1(c) and those persons elected members of Orange County Board of Education shall qualify and take office on the first Monday of December following their election."
PART 5. BUNCOMBE COUNTY BOARD OF EDUCATION
Sec. 15.  Section 1.1(f) of Chapter 532, Session Laws of 1975, as added by Section 2 of Chapter 178, Session Laws of 1981, reads as rewritten:
"(f)	Runoff elections shall be held on the date of the general election established in G.S. 163-1(c). The runoff election shall be held under the laws, rules, and regulations provided for the first election."
Sec. 16.  Sections 4 and 5 of Chapter 178, Session Laws of 1981, are repealed.
PART 6. YANCEY COUNTY BOARD OF EDUCATION
Sec. 17.  The third and fourth paragraphs of Section 1 of Chapter 203, Session Laws of 1973, as rewritten by Section 1 of Chapter 135, Session Laws of 1985, is amended by deleting the words "on the date provided by G.S. 163-111(e)”and substituting "on the date of the general election as provided by G.S. 163-1(c)".
PART 7. MCDOWELL COUNTY BOARD OF EDUCATION
Sec. 18.  Section 1 of Chapter 322, Session Laws of 1987, reads as rewritten:
"Section 1.  Notwithstanding the provisions of G.S.115C-37, the McDowell County Board of Education shall be elected on a nonpartisan basis at the time of the primary election in 1988 and biennially thereafter.  The names of the candidates shall be printed on the ballot without reference to any party affiliations.  The nonpartisan election and runoff election method shall be used with the results determined as provided in G.S. 163-293, except that the runoff shall be held on the date 	of the general election as provided by G.S. 163-1(c)."
PART 8. OMNIBUS LOCAL ACT AMENDMENTS
Sec. 19.  Any local act which provides that a nonpartisan runoff election shall be held on the date of the second primary is amended to provide that the runoff election shall be held on the date of the general election established by G.S. 163-1(c).  If such local act provides that the persons elected take office at some other time than the first Monday in December, it is amended to provide that they take office on the first Monday in December.
Sec. 20.  Any local acts in conflict with this act are repealed to the extent of the conflict.
Sec. 21.  This act becomes effective with respect to all primary elections held on or after January 1, 1992.