GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	2 

SENATE BILL 556
Election Laws Committee Substitute Adopted 5/9/91

Short Title:  Incorp. Ref./Shorter Filing Period.	(Public)
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Sponsors:
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Referred to:  
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April 11, 1991

A BILL TO BE ENTITLED
AN ACT TO ALLOW ABSENTEE VOTING IN REFERENDA ON INCORPORATION OF A MUNICIPALITY, AND TO SHORTEN THE CANDIDATE FILING PERIOD.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 163-302 reads as rewritten:
"§ 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  Any such resolution shall remain effective for all future elections unless repealed no later than 60 days before an election.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."
Sec. 2.  G.S. 163-106(c) reads as rewritten:
"(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 second Monday before the first Monday in February 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 superior courts
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 second Monday before the first Monday in February 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."
Sec. 3.  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 second Friday before the first Friday in August 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 or second primary.
(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."
Sec. 4.  G.S. 163-294.2(c) reads as rewritten:
"(c)	Candidates seeking municipal office shall file their notices of candidacy with the board of elections no earlier than 12:00 noon on the second Friday before the first Friday in August and no later than 12:00 noon on the first Friday in August preceding the election, except:
(1)	In 1991 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 1992 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."
Sec. 5.  Section 1 of this act becomes effective with respect to elections held on or after September 1, 1991. Sections 2 through 4 of this act become effective with respect to elections held on or after January 1, 1992.