GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1012

Short Title:  Sec. of State-Run Elections.	(Public)
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Sponsors: Representatives Michaux; Cummings and Jack Hunt.
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Referred to:  State Government.
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April 19, 1993

A BILL TO BE ENTITLED
AN ACT TO TRANSFER THE FUNCTIONS OF THE STATE BOARD OF ELECTIONS OTHER THAN CAMPAIGN FINANCE TO THE SECRETARY OF STATE, TO CREATE THE POSITION OF DEPUTY SECRETARY OF STATE FOR ELECTIONS TO HANDLE THE PREVIOUS FUNCTIONS OF THE EXECUTIVE SECRETARY-DIRECTOR OF THAT BOARD AND TO CANVASS ELECTIONS AND TO CREATE A CAMPAIGN FINANCE BOARD.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 7A-147(a) reads as rewritten:
"(a)	Prior to January 1 of each year in which elections for district court judges are to be held, the Administrative Officer of the Courts may, with the approval of the chief district judge, designate one or more judgeships in districts having three or more judgeships, as specialized judgeships, naming in each case the specialty. Designations shall become effective when filed with the Secretary of State. Nominees for the position or positions of specialist judge shall be made in the ensuing primary and the position or positions shall be filled at the general election thereafter. The Secretary of State shall prepare primary and general election ballots to effectuate the purposes of this section."
Sec. 2.  G.S. 105-159.1 reads as rewritten:
"§ 105-159.1.  Designation of tax by individual to political party.
(a)	Every individual whose income tax liability for the taxable year is one dollar ($1.00) or more may designate on his or her income tax return that one dollar ($1.00) of the tax shall be credited to the North Carolina Political Parties Financing Fund.  In the case of a married couple filing a joint return whose income tax liability for the taxable year is two dollars ($2.00) or more, each spouse may designate on the income tax return that one dollar ($1.00) of the tax shall be credited to the North Carolina Political Parties Financing Fund. Amounts credited to the Fund shall be allocated among the political parties on a pro rata basis according to their respective party voter registrations as determined by the most recent certification of the Secretary of State. As used in this section, the term 'political party' means one of the following that has at least one percent (1%) of the total number of registered voters in the State:
(1)	A political party that at the last preceding general State election received at least ten percent (10%) of the entire vote cast in the State for Governor or for presidential electors.
(2)	A group of voters who by July 1 of the preceding calendar year, by virtue of a petition as a new political party, had duly qualified as a new political party within the meaning of Chapter 163 of the General Statutes.
(b)	Amounts designated under subsection (a) shall be credited to the North Carolina Political Parties Financing Fund on a quarterly basis.  Interest earned by the Fund shall be credited to the Fund and shall be allocated among the political parties on the same basis as the principal of the Fund.  The Secretary of State, which administers the Fund, shall make a quarterly report to each State party chairman stating the amount of funds allocated to each party for that quarter, the cumulative total of funds allocated to each party to date for the year, and an estimate of the probable total amount to be collected and allocated to each party for that calendar year.
(c)	Repealed by Session Laws 1983, c. 481.
(d)	The Secretary shall amend the income tax return in order that all taxpayers desiring to make the political contributions authorized in this section may do so by designating on the front face of the tax return.  The line of authorization for the designation shall be color contrasted with the color scheme of the remainder of the income tax return.  The return or its accompanying explanatory instruction shall readily indicate that any designations neither increase nor decrease an individual's tax liability.
(e)	A paid preparer of tax returns may not designate on a return that the taxpayer does or does not desire to make the political contribution authorized in this section unless the taxpayer or the taxpayer's spouse has consented to the designation."
Sec. 3.  G.S. 114-15(a) reads as rewritten:
"(a)	The Bureau shall, through its Director and upon request of the Governor, investigate and prepare evidence in the event of any lynching or mob violence in the State; shall investigate all cases arising from frauds in connection with elections when requested to do so by the Secretary of State, and when so directed by the Governor. Such investigation, however, shall in nowise interfere with the power of the Attorney General to make such investigation as he is authorized to make under the laws of the State. The Bureau is authorized further, at the request of the Governor, to investigate cases of frauds arising under the Social Security Laws of the State, of violations of the gaming laws, and lottery laws, and matters of similar kind when called upon by the Governor so to do. In all such cases it shall be the duty of the Department to keep such records as may be necessary and to prepare evidence in the cases investigated, for the use of enforcement officers and for the trial of causes. The services of the Director of the Bureau, and of his assistants, may be required by the Governor in connection with the investigation of any crime committed anywhere in the State when called upon by the enforcement officers of the State, and when, in the judgment of the Governor, such services may be rendered with advantage to the enforcement of the criminal law. The State Bureau of Investigation is hereby authorized to investigate without request the attempted arson of, or arson of, damage of, theft from, or theft of, or misuse of, any State-owned personal property, buildings, or other real property or any assault upon or threats against any legislative officer named in G.S. 147-2(1), (2), or (3) or any executive officer named in G.S. 147-3(c).  The Bureau also is authorized at the request of the Governor to conduct a background investigation on a person that the Governor plans to nominate for a position that must be confirmed by the General Assembly, the Senate, or the House of Representatives.  The background investigation of the proposed nominee shall be limited to an investigation of the person's criminal record, educational background, employment record, records concerning the listing and payment of taxes, and credit record, and to a requirement that the person provide the information contained in the statements of economic interest required to be filed by persons subject to Executive Order Number 1, filed on January 31, 1985, as contained on pages 1405 through 1419 of the 1985 Session Laws (First Session, 1985).  The Governor must give the person being investigated written notice that he intends to request a background investigation at least 10 days prior to the date that he requests the State Bureau of Investigation to conduct the background investigation.  The written notice shall be sent by regular mail, and there is created a rebuttable presumption that the person received the notice if the governor has a copy of the notice."
Sec. 4.  G.S. 115C-37(b) reads as rewritten:
"(b)	County Board of Elections to Provide for Elections. – The county board of elections under the direction of the Secretary of State, shall make all necessary provisions for elections of county boards of education as are herein provided for. The county board of elections of each county shall file with the Secretary of State a statement specifying the size and method of election of members of its county board of education."
Sec. 5.  G.S. 120-30.9B reads as rewritten:
"§ 120-30.9B. Statewide statutes; Secretary of State.
The Deputy Secretary of State for Elections shall submit to the Attorney General of the United States:
	(1)	Within 30 days of ratification all acts of the General Assembly that amend, delete, add to, modify or repeal any provision of Chapter 163 of the General Statutes or any other statewide legislation, except relating to Chapter 7A of the General Statutes, which constitutes a 'change affecting voting' under Section 5 of the Voting Rights Act of 1965; and
(2)	Within 30 days all alterations of precinct boundaries under G.S. 163-132.2(c) in counties covered by Section 5 of the Voting Rights Act of 1965."
Sec. 6.  G.S. 128-1.1(d) reads as rewritten:
"(d)	The term 'elective office,' as used herein, shall mean any office filled by election by the people when the election is conducted by a county or municipal board of elections under the supervision of the Secretary of State."
Sec.  7.  G.S. 147-45 reads as rewritten:
"§ 147-45.  Distribution of copies of State publications.
The Secretary of State shall, at the State's expense, as soon as possible after publication, provide such number of copies of the Session Laws and Senate and House Journals to federal, State, and local governmental officials, departments and agencies, and to educational institutions of instruction and exchange use, as is set out in the table below:
Session	Assembly
Agency or Institution	  Laws	Journals
Governor, Office of the	3	2
Lieutenant Governor, Office of the	1	1
Secretary of State, Department of the	3	3
Deputy Secretary of State for Elections	2	0
Auditor, Department of the State	3	1
Treasurer, Department of the State	3	1
Local Government Commission	2	0
Public Education, Department of	1	0
Superintendent of Public Instruction	3	1
Controller	1	0
Division of Community Colleges	3	1
Regional Service Centers	1 ea.	0
Justice, Department of
Office of the Attorney General	25	3
Budget Bureau (Administration)	1	0
Property Control (Administration)	1	1
State Bureau of Investigation	1	0
Agriculture, Department of	3	1
Labor, Department of	5	1
Insurance, Department of	5	1
Administration, Department of	1	1
Budget Bureau	2	1
Controller	1	0
Property Control	1	0
Purchase and Contract	2	0
Policy and Development	1	0
Veterans Affairs Commission	1	0
Environment, Health, and Natural
Resources, Department of	1	0
Division of Environmental Management	2	0
Board of Environment, Health, and
   Natural Resources	1	0
Soil and Water Conservation Commission	1	0
Wildlife Resources Commission	2	0
Revenue, Department of	5	1
Human Resources, Department of	3	0
Board of Human Resources	1	0
Health Services, Division of	3	0
Mental Health, Developmental
	   Disabilities, and Substance Abuse Services,
   Division of	1	0
Social Services, Division of	3	0
Facilities Services, Division of	1	0
Youth Services, Division of	1	0
Hospitals and Institutions	1 ea.	0
Transportation, Department of	1	0
Board of Transportation	3	0
Motor Vehicles, Division of	1	0
Commerce, Department of	1	0
Economic Development, Division of	2	0
State Ports Authority	1	0
Alcoholic Beverage Control Commission,
   North Carolina	2	0
Banking Commission	2	0
Utilities Commission	8	1
Industrial Commission	7	0
Labor Force Development Council	1	0
Milk Commission	5	0
Employment Security Commission	1	1
Correction, Department of	1	0
Department of Correction	2	0
Parole Commission	2	0
State Prison	1	0
Correctional Institutions	1 ea.	0
Cultural Resources, Department of	1	0
Archives and History, Division of	5	1
State Library	5	5
Publications Division	1	1
Crime Control and Public Safety, Department of	2	1
North Carolina Crime Commission	1	0
Adjutant General	2	0
		Office of Administrative Hearings	2	0
Legislative Branch
State Senators	1 ea.	1 ea.
State Representatives	1 ea.	1 ea.
Principal Clerk – Senate	1	1
Principal Clerk – House	1	1
Reading Clerk – Senate	1	1
Reading Clerk – House	1	1
Sergeant at Arms – House	1	1
Sergeant at Arms – Senate	1	1
Enrolling Clerk	1	0
Engrossing Clerk	1	0
Indexer of the Laws	1	0
Legislative Building Library	35	15
Judicial System
Justices of the Supreme Court	1 ea.	1 ea.
Judges of the Court of Appeals	1 ea.	1 ea.
Judges of the Superior Court	1 ea.	0
Emergency and Special Judges of the
   Superior Court	1 ea.	0
District Court Judges	1 ea.	0
District Attorneys	1 ea.	0
Clerk of the Supreme Court	1	1
Clerk of the Court of Appeals	1	1
Administrative Office of the Courts	4	1
Supreme Court Library	AS MANY AS REQUESTED
Colleges and Universities
The University North Carolina System
Administrative Offices	3	0
University of North Carolina, Chapel Hill	65	25
University of North Carolina, Charlotte	3	1
University of North Carolina, Greensboro	3	1
University of North Carolina, Asheville	2	1
University of North Carolina, Wilmington	2	1
North Carolina State University, Raleigh	5	3
Appalachian State University	2	1
East Carolina University	3	2
Elizabeth City State University	2	1
Fayetteville State University	2	1
North Carolina Agricultural and
Technical University	2	1
North Carolina Central University	5	5
Western Carolina University	2	1
Pembroke State University	2	1
Winston-Salem State University	2	1
North Carolina School of the Arts	1	1
Private Institutions
Duke University	6	6
Davidson College	3	2
Wake Forest University	5	5
Lenoir Rhyne College	1	1
Elon College	1	1
Guilford College	1	1
Campbell College	5	5
Wingate College	1	1
Pfeiffer College	1	1
Barber Scotia College	1	1
Atlantic Christian College	1	1
Shaw University	1	1
St. Augustine's College	1	1
J.C. Smith University	1	1
Belmont Abbey College	1	1
Bennett College	1	1
Catawba College	1	1
Gardner-Webb College	1	1
Greensboro College	1	1
High Point College	1	1
Livingstone College	1	1
Mars Hill College	1	1
Meredith College	1	1
Methodist College	1	1
North Carolina Wesleyan College	1	1
Queens College	1	1
Sacred Heart College	1	1
St. Andrews Presbyterian College	1	1
Salem College	1	1
Warren Wilson College	1	1
County and Local Officials
Clerks of the Superior Court	1 ea.	1 ea.
Register of Deeds	1 ea.	1 ea.
Federal, Out-of-State and Foreign
Secretary to the President	1	0
Secretary of State	1	1
Secretary of Defense	1	0
Secretary of Agriculture	1	0
Secretary of the Interior	1	0
Secretary of Labor	1	1
Secretary of Commerce	1	1
Secretary of the Treasury	1	0
Secretary of Health, Education and Welfare	1	0
Secretary of Housing and Urban Development	1	0
Secretary of Transportation	1	0
Attorney General	1	0
Postmaster General	1	0
Bureau of Census	1	0
Bureau of Public Roads	1	0
Department of Justice	1	0
Department of Internal Revenue	1	0
Veterans' Administration	1	0
Farm Credit Administration	1	0
Securities and Exchange Commission	1	0
Social Security Board	1	0
Environmental Protection Agency	1	0
Library of Congress	8	2
Federal Judges resident in North Carolina	1 ea.	0
Federal District Attorneys resident in
   North Carolina	1 ea.	0
Marshal of the United States Supreme Court	1	0
Federal Clerks of Court resident in North Carolina 1 ea. 0
Supreme Court Library exchange list	1 ea.	0
One copy of the Session Laws shall be furnished the head of any department of State government created in the future.
State agencies, institutions, etc., not found in or covered by this list may, upon written request from their respective department head to the Secretary of State, and upon the discretion of the Secretary of State as to need, be issued copies of the Session Laws on a permanent loan basis with the understanding that should said copies be needed they will be recalled."
Sec. 8.  G.S. 147-54 reads as rewritten:
"§ 147-54.  Printing, distribution and sale of the North Carolina Manual.
The Secretary of State shall have printed biennially for distribution and sale, five thousand (5,000) copies of the North Carolina Manual, and shall make distribution to the State agencies, individuals, institutions and others as herein set forth.
NORTH CAROLINA STATE GOVERNMENT:
Members of the General Assembly	2 ea.
Officers of the General Assembly	1 ea.
Offices of the Clerk of each House of the General Assembly 1 ea.
Legislative Services Officer	1
Legislative Library	6
Members of the Council of State	2 ea.
Appointed Secretaries of Executive Departments	2 ea.
Personnel of the Department of the Secretary of State	1 ea.
	Divisions of Archives and History, Director	1
Search Room	3
Publications Section	2
State Library	10
Libraries within State Agencies	1 ea.
Justices of the North Carolina Supreme Court	1 ea.
Judges of the North Carolina Court of Appeals	1 ea.
Judges of the North Carolina Superior Court	1 ea.
Supreme Court Library	12
Court of Appeals Library	2
Clerk of the Supreme Court	1
Clerk of the Court of Appeals	1
Reporter of the Supreme Court and Court of Appeals	1
Administrative Office of the Courts	5
NORTH CAROLINA EDUCATIONAL INSTITUTIONS:
University of North Carolina System
General Administration Offices	12
Chancellors of the Constituent Institutions	1 ea.
University of North Carolina – Chapel Hill Library	15
North Carolina State University Library	5
East Carolina University Library	5
North Carolina Central University Library	5
Appalachian State University Library	4
University of North Carolina – Charlotte Library	4
University of North Carolina – Greensboro Library	4
Western Carolina University Library	4
Other Constituent Institutions Libraries	3 ea.
North Carolina School of the Arts	2
Institute of Government	2
Community Colleges and Technical Institutes	2 ea.
Private Colleges and Universities
Duke University Library	6
Wake Forest University	6
Campbell College Library	5
Davidson College Library	4
All other Libraries of Senior and Junior Colleges	2 ea.
Public and Private Schools containing grades 8-12	1 ea.
COUNTY GOVERNMENT:
Clerks of Court	1 ea.
Registers of Deeds	1 ea.
Public Libraries of North Carolina	1 ea.
FEDERAL GOVERNMENT:
President of the United States	1
North Carolina Members of the Presidential Cabinet	1 ea.
North Carolina Members of the United States Congress	2 ea.
Library of Congress	3
Resident Judges of the Federal Judiciary
and United States Attorneys in North Carolina	1 ea.
Secretaries of State of the United States
and Territories	1 ea.
After making the above distribution, the remainder shall be sold at the cost of publication plus tax and postage and the proceeds from such sales deposited with the State Treasurer for use by the Publications Division of the Secretary of State's Office to defray the expense of publishing the North Carolina Manual.  Libraries and educational institutions not covered in the above distribution shall be entitled to a twenty percent (20%) discount on the cost of any purchase(s)."
Sec. 9.  G.S. 150B-2(8a)b reads as rewritten:
"b.	Budgets and budget policies and procedures issued by the Director of the Budget, by the head of a department, as defined by G.S. 143A-2 or G.S. 143B-3, by an occupational licensing board, as defined by G.S. 93B-1, or by the Secretary of State."
Sec. 10.  G.S. 159-60 reads as rewritten:
"§ 159-60. Petition for referendum on bond issue.
A petition demanding that a bond order be submitted to the voters may be filed with the clerk within 30 days after the date of publication of the bond order as introduced. The petition shall be in writing, and shall be signed by a number of voters of the issuing unit equal to not less than ten percent (10%) of the total number of voters registered to vote in elections of the issuing unit according to the most recent figures certified by the Secretary of State. The residence address of each signer shall be written after his signature. The petition need not contain the text of the order to which it refers, and need not be all on one sheet.
The clerk shall investigate the sufficiency of the petition and present it to the governing board, with a certificate stating the results of his investigation. The governing board, after hearing any taxpayer who may request to be heard, shall thereupon determine the sufficiency of the petition, and its determination shall be conclusive.
This section does not apply to bonds issued pursuant to G.S. 159-48(a)(1), (2), (3), or (5)."
Sec. 11.  G.S. 160A-103 reads as rewritten:
"§ 160A-103. Referendum on charter amendments by ordinance.
An ordinance adopted under G.S. 160A-102 that is not made effective upon approval by a vote of the people shall be subject to a referendum petition. Upon receipt of a referendum petition bearing the signatures and residence addresses of a number of qualified voters of the city equal to at least 10 percent of the whole number of voters who are registered to vote in city elections according to the most recent figures certified by the Secretary of State or 5,000, whichever is less, the council shall submit an ordinance adopted under G.S. 160A-102 to a vote of the people. The date of the special election shall be fixed at not more than 120 nor fewer than 60 days after receipt of the petition. A referendum petition shall be addressed to the council and shall identify the ordinance to be submitted to a vote. A referendum petition must be filed with the city clerk not later than 30 days after publication of the notice of adoption of the ordinance."
Sec. 12.  G.S. 160A-104 reads as rewritten:
"§ 160A-104. Initiative petitions for charter amendments.
The people may initiate a referendum on proposed charter amendments. An initiative petition shall bear the signatures and resident addresses of a number of qualified voters of the city equal to at least ten percent (10%) of the whole number of voters who are registered to vote in city elections according to the most recent figures certified by the Secretary of State or 5,000, whichever is less. The petition shall set forth the proposed amendments by describing them briefly but completely and with reference to the pertinent provisions of G.S. 160A-101, but it need not contain the precise text of the charter amendments necessary to implement the proposed changes. The petition may not propose changes in the alternative, or more than one integrated set of charter amendments. Upon receipt of a valid initiative petition, the council shall call a special election on the question of adopting the charter amendments proposed therein, and shall give public notice thereof in accordance with G.S. 163-287. The date of the special election shall be fixed at not more than 120 nor fewer than 60 days after receipt of the petition. If a majority of the votes cast in the special election shall be in favor of the proposed changes, the council shall adopt an ordinance amending the charter to put them into effect. Such an ordinance shall not be subject to a referendum petition. No initiative petition may be filed (i) between the time the council initiates proceedings under G.S. 160A-102 by publishing a notice of hearing on proposed charter amendments and the time proceedings under that section have been carried to a conclusion either through adoption or rejection of a proposed ordinance or lapse of time, nor (ii) within one year and six months following the effective date of an ordinance amending the city charter pursuant to this Article, nor (iii) within one year and six months following the date of any election on charter amendments that were defeated by the voters.
The restrictions imposed by this section on filing initiative petitions shall apply only to petitions concerning the same subject matter. For example, pendency of council action on amendments concerning the method of electing the council shall not preclude an initiative petition on adoption of the council-manager form of government.
Nothing in this section shall be construed to prohibit the submission of more than one proposition for charter amendments on the same ballot so long as no proposition offers a different plan under the same option as another proposition on the same ballot."
Sec. 13.  G.S. 163-13(b) reads as rewritten:
"(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 Secretary of State 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 Secretary of State 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."
Sec. 14.  G.S. 163-19 reads as rewritten:
"§ 163-19. State Board of Elections abolished.
All of the terms of office of the present members of the State Board of Elections shall expire on May 1, 1993, and the State Board of Elections is abolished as of that date.
"Sec.  15.  G.S. 163-20 is repealed.
Sec.  16.  G.S. 163-21 is repealed.
Sec.  17.  G.S. 163-22 reads as rewritten:
"§ 163-22.  Powers and duties of Secretary of State.
(a)	The Secretary of State shall have general supervision over the primaries and elections in the State, and the Secretary of State shall have authority to make such reasonable rules with respect to the conduct of primaries and elections as the Secretary of State may deem advisable so long as they do not conflict with any provisions of this Chapter.
(b)	From time to time, the Secretary of State 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 Secretary of State 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 Secretary of State shall deem necessary.
(c)	The Secretary of State 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 Secretary of State 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 Secretary of State, 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 Secretary of State 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 Secretary of State 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 Secretary of State, the vacancy occurring shall be filled by the Secretary of State. When any municipal board member shall be removed by the Secretary of State, the vacancy occurring shall be filled by the city council of the city appointing members of that board.
(d)	The Secretary of State 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 Secretary of State shall determine, in the manner provided by law, the form and content of ballots, instruction sheets, pollbooks, talley sheets, abstract and return forms, certificates of election, and other forms to be used in primaries and elections. The Secretary of State shall furnish to the county and municipal boards of elections the registration application forms required pursuant to G.S. 163-67. The Secretary of State 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 Secretary of State 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 Secretary of State 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 Secretary of State 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 Secretary of State shall instruct the county boards of elections as to the printing of county and local ballots.
(g)	The Secretary of State shall certify to the appropriate county boards of elections the names of candidates for district offices who have filed notice of candidacy with the Secretary of State and whose names are required to be printed on county ballots.
(h)	It shall be the duty of the Deputy Secretary of State for 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 Secretary of State 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 Secretary of State 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 Secretary of State 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 Secretary of State 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 Deputy Secretary of State for 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 Secretary of State shall provide specific training to county boards of elections regarding rules for registering students.
(o)	The Secretary of State 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 Secretary of State shall provide for a training and screening program for registrars and judges.  The Secretary of State shall provide additional testing of voting machines to ensure that they operate properly even with complicated ballots.
The Secretary of State 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."
Sec. 18.  G.S. 163-22.1 reads as rewritten:
"§ 163-22.1. Power of Secretary of State for Elections to order new elections.
If the Secretary of State, 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 Secretary of State 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 Secretary of State 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 Secretary of State is satisfied that such hearing gave sufficient opportunity for presentation of evidence and provided further that the Secretary of State adopts the findings of the county or municipal board of elections.
Any new primary, general or special election so ordered shall be conducted under applicable constitutional and statutory authority and shall be supervised by the Secretary of State and conducted by the appropriate elections officials.
The Secretary of State has authority to adopt rules and to issue orders to carry out its authority under this section.
Notwithstanding any other provision of this Chapter, when the incumbent Secretary of State is a candidate in the primary or election for an office, the duties of the Secretary of State as to the election contest for that office under this Chapter shall be exercised by the Lieutenant Governor, or if there is no Lieutenant Governor, by the Attorney General.  Such other officer may use the rules previously established for the conduct of the contest."
Sec. 19.  G.S. 163-22.2 reads as rewritten:
"§ 163-22.2. Power of Secretary of State 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 Secretary of State 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 Secretary of State 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."
Sec. 20.  G.S. 163-23 reads as rewritten:
"§ 163-23. Powers of Secretary of State in execution of duties.
In the performance of the duties enumerated in this Chapter, the Secretary of State shall have power to administer oaths, issue subpoenas, summon witnesses, and compel the production of papers, books, records and other evidence. The Secretary of State, shall issue subpoenas for designated witnesses or identified papers, books, records and other evidence. "
Sec. 21.  G.S. 163-24 reads as rewritten:
"§ 163-24. Power of Secretary of State to maintain order.
The the Secretary of State and the Deputy Secretary of State for Elections shall possess full power and authority to maintain order, and to enforce obedience to its lawful commands during meetings either of them holds under this Chapter. If any person shall refuse to obey the lawful commands of them, or by disorderly conduct in its hearing or presence shall interrupt or disturb their proceedings, either of them, by an order in writing, signed by the officer issuing it, and attested by any Deputy Secretary of State, commit the person so offending to the 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 Secretary of State 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."
Sec. 22.  G.S. 163-25 reads as rewritten:
"§ 163-25. Authority of Secretary of State to assist in litigation.
The Secretary of State 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 Secretary of State and, provided further, that the Secretary of State determines, in that officer's sole discretion, to assist in any such matter. It is further stipulated that the Secretary of State 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 Secretary of State with legal assistance in execution of that officer's authority under this section or, in his discretion, recommend that private counsel be employed.
If the Attorney General recommends employment of private counsel, the Secretary of State may employ counsel with the approval of the Governor."
Sec. 23.  G.S. 163-26 reads as rewritten:
"§ 163-26. aDeputy Secretary of State for Elections.
There is hereby created the position of Deputy Secretary of State for Elections, who shall perform all duties imposed upon him by statute and such duties as might be assigned to him by the Secretary of State.  In addition to the authority provided by G.S. 147-36.1, the Secretary of State may delegate to the Deputy Secretary of State for Elections any duty or power concerning elections imposed by law upon the Secretary of State."
Sec. 24.  G.S. 163-27 reads as rewritten:
"§ 163-27. a for Elections to be appointed by Secretary of State.
The Secretary of State shall appoint a Deputy Secretary of State for Elections for a term of four years beginning May 1, 1993, with compensation to be determined by the Office of State Personnel. The Deputy Secretary of State for Elections shall serve, unless removed for cause, until his successor is appointed. Such Deputy Secretary of State for Elections shall be responsible for staffing, administration, execution of the Secretary of State's decisions and orders and shall perform such other responsibilities as may be assigned by the Secretary of State. In the event of a vacancy, the vacancy shall be filled for the remainder of the term."
Sec. 25.  G.S. 163-28 is repealed.
Sec. 26.  G.S. 163-30 reads as rewritten:
"§ 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 Secretary of State 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, daughter, mother, father, sister, or brother of any candidate for nomination or election.
The State chairman of each political party shall have the right to recommend to the Secretary of State three registered voters in each county for appointment to the board of elections for that county. If such recommendations are received by the Secretary of State 15 or more days before the last Tuesday in June 1985, and each two years thereafter, it shall be the duty of the Secretary of State 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 Secretary of State 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."
Sec. 27. G.S. 163-31 reads as rewritten:
"§ 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 Secretary of State 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 registrars 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 supervisor of elections to record and maintain the minutes under his supervision."
Sec. 28. G.S. 163-33 reads as rewritten:
"§ 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 Secretary of State, as it may deem necessary for the guidance of election officers and voters.
(2)	To appoint all registrars, judges, assistants, and other officers of elections, and designate the precinct in which each shall serve; and, after notice and hearing, to remove any registrar, 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 Secretary of State. 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.
(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. 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. 163-72.3.
(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 Secretary of State.
(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."
Sec. 29.  G.S. 163-35 reads as rewritten:
"§ 163-35. Supervisor of elections to county board of elections; appointment; compensation; duties; dismissal.
(a)	In the event a vacancy occurs in the office of county supervisor 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 Deputy Secretary of State for Elections who shall issue a letter of appointment. A person shall not serve as a supervisor 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 or by the Secretary of State 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 supervisor of elections is submitted for appointment upon majority selection by the county board of elections the Deputy Secretary of State 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 supervisor by the county board of elections. A copy of the specified duties, responsibilities and designated authority assigned to the supervisor shall be filed with the Secretary of State.
The county board of elections may, by petition signed by a majority of the board, recommend to the Deputy Secretary of State for Elections the termination of the employment of the county board's supervisor of elections. The petition shall clearly state the reasons for termination. Upon receipt of the petition, the Deputy Secretary of State shall forward a copy of same by certified mail, return receipt requested, to the county supervisor of elections involved. The county supervisor of elections may reply to said petition within 15 days of receipt thereof. Within 20 days of receipt of the county supervisor of elections' reply or the expiration of the time period allowed for the filing of said reply, the Deputy Secretary of State shall render a decision as to the termination or retention of the county supervisor of elections. The decision of the Deputy Secretary of State for Elections shall be final unless such decision shall, within 20 days from the official date on which it was made, be deferred by the Secretary of State in which event a public hearing shall be conducted by said Secretary of State, in the county seat of the county involved. Following the conduct of such public hearing and a decision by the Secretary of State, the Secretary of State shall notify the Deputy Secretary of State for Elections, in writing, of the decision resulting from the public hearing. If the decision, rendered by the Secretary of State, results in concurrence with the decision entered by the Deputy Secretary of State, the decision becomes final. If the decision rendered by the Secretary of State is contrary to that entered by the Deputy Secretary of State, then the Deputy Secretary of State shall, within 15 days from the written notification, enter an amended decision consistent with the results of the decision by the Secretary of State. The employment of any supervisor of elections presently employed or hereafter employed shall not be terminated except in compliance with the procedures herein prescribed. 
(c)	Compensation of Supervisors of Elections. – Compensation paid to supervisors 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 supervisors 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 supervisor 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 Secretary of State. In addition, the county shall pay to the supervisor 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 Secretary of State, 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 supervisor 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 supervisor of elections when authorized leave is taken.
(d)	Duties. – The supervisor 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 to any administrative duties the supervisor of elections shall be authorized to receive applications for registration and in pursuit of such authority shall be given the oath required of all registrars. In addition, the supervisor 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 supervisor 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 supervisor 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 supervisor of elections shall be deemed to be the acts of the county board of elections, its officers and members."
Sec. 30.  G.S. 163-45 reads as rewritten:
"§ 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, he or his 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 precinct 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 registrar 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 registrar for each affected precinct.  He shall retain the other copy.  The chairman, or the registrar 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 registrar 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 registrar 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 Secretary of State, 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 Secretary of State, but not less than three times during election day with the spacing not less than one hour apart."
Sec. 31.  G.S. 163-65(a) reads as rewritten:
"(a)	Precinct Records. – The county board of elections shall furnish each precinct registrar with a proper book or books in which to record registration. This book shall be prepared to contain all of the information pertaining to a registered voter required by G.S. 163-72, including the registrant's political party affiliation, if any. On each page of the book shall be printed a column index giving the first two letters of the surnames and the pages on which persons bearing those names are registered.
In lieu of a bound book, the county boards of elections shall install a loose-leaf registration book system in all of the precincts of the county prior to January 1, 1970; provided that nothing herein shall alter the power of the county board of elections, with the approval of the county board of commissioners, to establish by resolution a full-time system of registration as provided in G.S. 163-67(b). The necessary binders for the loose-leaf registration book system shall be purchased by each county. The Secretary of State shall have authority to approve types, sizes and kinds of binders to be used for the loose-leaf registration book system. Uniform registration sheets of paper approved by the Secretary of State which are necessary for the binders shall be furnished by the Secretary of State from funds provided by the State from the Contingency and Emergency Fund. One or more duplicate sets of registration sheets shall be maintained by the chairman of the county board of elections at all times in a safe place."
Sec. 32.  G.S. 163-67 reads as rewritten:
"§ 163-67.  Full-time registration; application to register.
	(a)	The county boards of elections shall establish, prior to January 1, 1971, a full-time system of registration, as prescribed by the Secretary of State, under which the registration books, process, and records shall be open continuously for the acceptance of registration applications and for the registration of voters at all reasonable hours and time consistent with the daily function of all other county offices. In such counties no registration shall entitle a registrant to vote in any primary, general or special election unless the registrant shall have made application not later than the sixteenth day, excluding Saturdays and Sundays, immediately preceding such primary, general or special election, provided that nothing shall prohibit registrants from registering to vote in future elections during such period.
When full-time registration has been established in a county, the official record of registration shall be made and kept in the form of an application to register which, as prescribed by the Secretary of State, shall contain all information necessary to show the applicant's qualifications to register. In such a county, no person shall be registered to vote without first making a written, sworn, and signed application to register upon the form prescribed by the Secretary of State. If the applicant cannot write because of physical disability, his name shall be written on the application for him by the election official to whom he makes application, but the specific reason for the applicant's failure to sign shall be clearly stated upon the face of the application.
Registrars, judges of election, and special registration commissioners appointed under the provisions of G.S. 163-41 may take registration applications from and administer registration oaths to qualified applicants without regard to the precinct residence of the registrar, judge of election, special registration commissioner, or applicant.
Applications to register which have been completed by persons who have taken the required oath shall be forwarded promptly, and in no case more than 72 hours after the close of registration, to the county board of elections. Failure to forward the application within 72 hours shall not disqualify an otherwise properly qualified voter from voting. An application to register shall constitute a valid registration unless the county board of elections shall notify the applicant of its rejection within 30 days after its completion; provided that where the application is completed during the last 51 days prior to the election but at least 16 days, excluding Saturdays and Sundays, prior to the election, the notification of rejection shall be made no less than seven days prior to the election or the application shall constitute a valid registration. If the application is rejected after the close of the registration books as provided in G.S. 163-67(a)	the board shall notify the applicant at least seven days before the election that it has rejected his application. The applicant may appear before the board and, if he establishes his qualifications to register prior to the election, he shall be permitted to vote. The loose-leaf binders containing the precinct records and the duplicate registration record, required by G.S. 163-65(a), shall be kept at all times in a safe place.
For the purpose of receiving registration applications, registrars shall attend the voting places in their precincts only on such days and at such hours as may be fixed by the county board of elections: Provided, the county board of elections shall not require registrars to be present at the voting places for this purpose on any day later than the sixteenth day, excluding Saturdays and Sundays, prior to a primary or election. In its discretion, the county board of elections may require no attendance by registrars at the voting places for the purpose of receiving registration applications.
The county board of elections is authorized to make reasonable rules and regulations, not inconsistent with law and Secretary of State regulations, to insure full-time registration as provided in this section.
(b)	In counties which have less than 14,001 registered voters the Secretary of State shall prescribe reasonable regulations permitting such counties to operate a modified full-time office to the extent that the operation of such full-time office will not necessarily be required to be open such as is required in counties with total registered voters in excess of 14,000; provided, that nothing herein shall preclude such counties from maintaining office hours for registration consistent with the hours observed by all other offices within said county.
(c)	No Registration on Day of Primary or Election; Exception. – No person shall be permitted to register on the day of an election or primary, unless he shall have become qualified to register and vote between the date the registration period expired and the date of the succeeding primary or election. No one 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.
(d)	The cost of maintaining the registration and election processes required by this section and G.S. 163-67.1 shall be allocated by the respective boards of county commissioners upon approval of budget requirements submitted by the respective county board of elections. The respective boards of county commissioners shall appropriate reasonable and adequate funds necessary for the legal functions of the county boards of elections, including reasonable and just compensation of the supervisor of elections.
(e)	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. At a minimum, the voter registration card shall:
(1)	List the voter's name, address and polling 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; and
(3)	Be wallet size.
No voter registration card may be issued by a county board of elections unless the Secretary of State has approved the format of the card.
If a county board of elections issues voter registration cards, when a voter reports a change of address within the county or when the polling place is changed, the county board of elections shall issue a replacement card to the voter. If a voter returns the card, reporting a change of address within the county, and if that card is signed by the voter, it shall be accepted as a written address change report under G.S. 163-72.2.
The card shall be evidence of registration but shall not preclude a challenge as permitted by law. No county board of elections or municipal board of elections may require that a voter registration card be displayed in order to vote. This subsection does not change voting procedures."
Sec. 33.  G.S. 163-69.2 reads as rewritten:
"§ 163-69.2.  Accessible polling places.
(a)	The Secretary of State shall promulgate rules to assure that any handicapped 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."
Sec. 34.  G.S. 163-70 reads as rewritten:
"§ 163-70. Chairman to certify to Secretary of State number of registered voters in county.
The chairman of a county or municipal board of elections shall certify to the Secretary of State the number of registered voters in the county or municipality. The certification shall be made on such forms as the Secretary of State may prescribe and at such times as the Secretary of State may fix."
Sec. 35.  G.S. 163-72.1(g) reads as rewritten:
"(g)	The authorization form and the form for written notice of receipt of authorization shall be prescribed or approved by the Secretary of State. No county or municipality may use any other such forms."
Sec. 36.  G.S. 163-72.3(c) reads as rewritten:
"(c)	The board may appoint precinct transfer assistants in addition to those authorized by subsection (b) and assign them to locations other than the board of elections' office.  The board may provide that each polling place open for an election shall be an additional location, and that each voter shall, after receiving a certificate under subdivision (2) of subsection (a), go to vote at the polling place where they would have been assigned if they had filed a change of address report under G.S. 163-72.2 prior to the time that registration closed for the election. If such provision is made, the registrar, judge, or precinct assistant issuing a certificate under subdivision (2) of subsection (a) shall notify the voter of the location of such polling place.  If additional locations are established, the county board may make the appropriate changes in the forms and procedures to be used under subsection (a). To exercise any option permitted to it in this subsection, the county board of elections shall adopt a resolution and give written notice to the Secretary of State at least 60 days before the election. The notice shall include the additional locations at which transfer voting will be allowed."
Sec. 37.  G.S. 163-72.4(b) reads as rewritten:
"(b)	The Secretary of State shall develop a registration by mail form, which shall request sufficient information to enable officials of the county where a person resides to satisfactorily process the application for any purpose permitted under subsection (a) of this section. The Secretary of State shall print sufficient copies of the form so that they may be publicly distributed. Registration forms shall be available from the Secretary of State and county boards of elections, and may be distributed by any person. The single form shall permit all of the purposes listed under subsection (a) of this section to be carried out by filling in the appropriate information and marking boxes to indicate the action requested."
Sec. 38.  G.S. 163-74(a1) reads as rewritten:
"(a1)	Voting by Unaffiliated Voter in Party Primary. – If a political party has, by action of its State Executive Committee reported to the Secretary of State 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 Secretary of State no later than the first day of December preceding the primary where the withdrawal is to become effective."
Sec. 39.  G.S. 163-80 reads as rewritten:
"§ 163-80.  Officers authorized to register voters.
	(a)	Only the following election officials shall be authorized to register voters:
(1)	Any member of a county board of elections who has been duly appointed pursuant to G.S. 163-22(c) and properly installed as required by G.S. 163-30 and 163-31.
(2)	The supervisor of elections of a county board of elections appointed pursuant to the provisions of G.S. 163-35.
(3)	Precinct registrars and judges of election appointed pursuant to the provisions of G.S. 163-41.
(4)	Special registration commissioners appointed pursuant to the authority and limitation contained in G.S. 163-41(b).
(5)	Full-time and salaried deputy supervisors of elections employed by the county board of elections and who work under the direct supervision of the board's supervisor of elections appointed pursuant to the provisions contained in G.S. 163-35.
(6)	Local public library employees designated by the governing board of such public library to be appointed by the county board of elections as special library registration deputies. Appointment of such deputies is mandatory for libraries covered by G.S. 153A-272; appointment is optional for other libraries. Persons appointed under this subsection shall be given the oath contained in G.S. 163-41(b), and shall be authorized to accept applications to register on those days and during those hours said special deputies are on duty with their respective libraries. If, for good and valid reasons, the local public library director shall request that the county board of elections appoint 'replacement' special library registration deputies before the two-year term ends, the county board of elections shall do so. To serve as a special library registration deputy and accept applications to register in a county under this subdivision, a library employee need not reside in that county.
(7)	Public high school employees appointed under this subdivision. A local board of education may, but is not required to, designate high school employees to be appointed by the county board of elections as special high school registration commissioners. Only employees who volunteer for this duty, and who are acceptable to the county board of elections, may be designated by boards of education. A special high school registration commissioner may register voters only while on duty as a high school employee and only at times and under arrangements approved by the local school board of education. A person appointed under this subdivision shall take the oath prescribed in G.S. 163-41(b). To serve as a special high school registration commissioner and accept applications to register in a county under this subdivision, a high school employee need not reside in that county.
(b)	All election officials authorized to register voters under authority of this section shall not be authorized to register voters who reside outside the boundaries of their respective counties except in those specific instances involving municipalities which lie within the boundaries of two or more counties. The Secretary of State shall have authority to promulgate rules for the processing of voters in such instances.
(c)	All election officials authorized by this section to register voters shall register any qualified voter without regard to political party affiliation and without discrimination in any manner whatsoever.
(d)	The Secretary of State shall promulgate rules for the proper training of those persons qualifying under this section as registrars."
Sec. 40.  G.S. 163-81 reads as rewritten:
"§ 163-81.  Driver license examiners to accept applications to register voters.
	(a)	Notwithstanding any other provision of law, drivers license examiners are ex officio special registration commissioners for the purpose of this section. No additional oath is required.
(b)	Special registration commissioners appointed under this section are authorized to accept applications to register persons who are qualified for registration regardless of that person's voting precinct or county of residence in the State. The special registration commissioners appointed pursuant to this section shall have the same authority to accept applications to register voters as is conferred upon registration officials in this Chapter.
(c)	The Division of Motor Vehicles shall, pursuant to the rules adopted by the Secretary of State, modify its forms so that any eligible person who applies for original issuance, renewal or correction of a driver's 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. 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 subsection. The necessary forms shall be prescribed by the Secretary of State. All applications shall be forwarded by the Department of Transportation to the appropriate county 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. 163-72.1(c) through (e). 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. 163-72.2.
Registration shall become effective as provided in G.S. 163-67(a). Applications to register to vote accepted by a special registration commissioner under this section until the deadline established in G.S. 163-67(a) shall be treated as timely made for an election, and no person who applies to that special registration commissioner shall be denied the vote in that election for failure to apply earlier than that deadline.
(d)	The Secretary of State is authorized to promulgate rules necessary to implement the provisions of this section."
Sec. 41.  G.S. 163-82 reads as rewritten:
"§ 163-82.  Mandated registration drive.
	The Governor shall proclaim as Citizens Awareness Month the month designated by the Secretary of State during every even-numbered year. During that month, the Secretary of State 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 registration drive in accordance with the rules adopted by the Secretary of State."
Sec. 42.  G.S. 163-85(b) reads as rewritten:
"(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 Secretary of State, 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."
Sec. 43.  G.S. 163-88.1(a) reads as rewritten:
"(a)	If the decision of the registrar 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 registrar, 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 Secretary of State and shall be available at the polls."
Sec. 44.  G.S. 163-89 reads as rewritten:
"§ 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 registrar 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 Secretary of State. 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 registrar of the precinct in which the challenger and absentee voter are registered. If it is delivered to the registrar, the registrar 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 registrar 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."
Sec. 45.  G.S. 163-96 reads as rewritten:
"§ 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 Secretary of State 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 Secretary of State 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 Secretary of State 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 Secretary of State 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 Secretary of State'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 Secretary of State 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.
(c)	Repealed by Session Laws 1983, c. 576, s. 3, effective July 1, 1983."
Sec. 46.  G.S. 163-97.1 reads as rewritten:
"§ 163-97.1. Voters affiliated with expired political party.
The Secretary of State 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 Secretary of State 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 Secretary of State's order and all such registrants shall be entitled to declare a political party affiliation as provided in G.S. 163-74(b)."
Sec. 47.  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 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 Secretary of State 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 Secretary of State shall print names thus certified on the appropriate ballots as the nominees of the new party."
Sec. 48.  G.S. 163-104 reads as rewritten:
"§ 163-104. Primaries governed by general election laws; authority of Secretary of State 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 Secretary of State 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."
Sec. 49.  G.S. 163-105 reads as rewritten:
"§ 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 expenses of the Secretary of State while engaged in the discharge of primary election duties imposed by law upon the Secretary of State, 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 registrars and judges of election, while engaged in the discharge of primary election duties imposed by law upon them, shall be paid by the counties."
Sec. 49.1.  G.S. 163-106 reads as rewritten:
"§ 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:'DateI hereby file notice as a candidate for nomination as ............ in the .......... party primary election to be held on ........, 19..... 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 candidateWitness:
............................
............................
(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 Secretary of State 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. 163-74(b), 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 Secretary of State 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 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 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 Secretary of State 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 Secretary of State 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 Secretary of State 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 supervisor 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 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 Secretary of State 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 Secretary of State 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 supervisor 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."
Sec. 50.  G.S. 163-107(b) reads as rewritten:
"(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 Secretary of State, 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 accountant that the refund should be made, and the county accountant shall make the refund in accordance with the provisions of the County Fiscal Control Act.
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)."
Sec. 51.  G.S. 163-107.1 reads as rewritten:
"§ 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 Secretary of State 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 Secretary of State. When a proper petition has been filed, the candidate's name shall be printed on the primary ballot.
(c)	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 Secretary of State, and such petition must be filed with the Secretary of State no later than 12:00 noon on Monday preceding the filing deadline. The Secretary of State 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."
Sec. 52.  G.S. 163-108 reads as rewritten:
"§ 163-108. Certification of notices of candidacy.
(a)	Within three days after the time for filing notices of candidacy with the Secretary of State under the provisions of G.S. 163-106(c) has expired, the Secretary of State shall certify the name, address, and party affiliation of each person who has filed with the Secretary of State, 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 Secretary of State 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 Secretary of State, 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 Secretary of State (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 Secretary of State or Deputy Secretary of State for 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 Secretary of State required by subsections (b) and (c) of this section, each county elections board chairman shall acknowledge receipt by letter addressed to the Secretary of State."
Sec. 53.  G.S. 163-109 reads as rewritten:
"§ 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 Secretary of State.  – It shall be the duty of the Secretary of State 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 Secretary of State 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 Secretary of State 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 Secretary of State 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 Secretary of State 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 registrar of each precinct in his county, and the registrar shall give him a receipt for the ballots received. On the day of the primary it shall be the registrar'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."
Sec.  54.  G.S. 163-110 reads as rewritten:
"§ 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 Secretary of State."
Sec. 55.  G.S. 163-111 reads as rewritten:
"§ 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 Deputy Secretary of State for 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 Secretary of State. If the vote certification by the Secretary of State 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 Deputy Secretary of State for 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,
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 supervisor 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 Secretary of State 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. 163-72(c), 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."
Sec. 56.  G.S. 162-122(a) reads as rewritten:
"(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 Secretary of State supporting his candidacy for a specified office.  These petitions must be filed with the Secretary of State 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 Secretary of State.  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 Secretary of State supporting his candidacy for a specified office.  These petitions must be filed with the Secretary of State 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 Secretary of State.  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 four percent (4%) of the total number of registered voters in the county as reflected by the most recent statistical report issued by the Secretary of State, 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 Secretary of State.  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. 57.  G.S. 163-123(c) reads as rewritten:
"(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 Secretary of State 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. Before being filed with the Secretary of State, 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.  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. At the time of submitting the petition, a fee of five cents (5¢) shall be paid for each name appearing on the petition.
(2)	If the office is a district office comprising all or part of two or more counties, file written petitions with the Secretary of State supporting his candidacy for a specified office. These petitions must be filed with the Secretary of State 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 Secretary of State, 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)."
Sec. 58.  G.S. 163-125, which has been held unconstitutional by the Supreme Court, is repealed.
Sec. 59.  G.S. 163-128 reads as rewritten:
"§ 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, and there shall be at least one precinct encompassed within the territory of each township; provided, however, that upon a resolution adopted by the county board of elections and approved by the Deputy Secretary of State for Elections voters from a given precinct within a township may be temporarily transferred, for the purpose of voting, to a precinct in an adjacent township. 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 township to the same precinct, then the county board of elections shall maintain separate registration and voting records, consistent with the procedure prescribed by the Secretary of State, so as to properly identify the township in which such voters reside. Except as provided in G.S. 163-132.2(a)(1), the polling place for a precinct shall be located within 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 20 days' notice thereof prior to the date on which the registration books or records next close pursuant to G.S. 163-67. 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 Secretary of State. "
Sec. 60.  G.S. 163-130 reads as rewritten:
"§ 163-130.  Satellite voting places.
A county board of elections may, upon approval of a request submitted in writing to the Secretary of State, 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 Secretary of State 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 Secretary of State'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."
Sec. 61.  G.S. 163-132.2 reads as rewritten:
"§ 163-132.2.  Precinct boundaries for other counties.
(a)	The Legislative Services Office shall send as directed by the schedule contained in subsection (g) of this section the relevant copies of the U.S. Census Bureau's official census block maps of the 1990 U.S. Census to each county board of elections. Not later than 90 days after receiving copies of those maps, the county board of elections shall:
(1)	Alter, where necessary, precinct boundaries to be coterminous with those of:
a.	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;
b.	The census blocks established under the latest U.S. Census;
c.	Named roads and streets and drainage features of 40 feet or more in width, as certified by the North Carolina Department of Transportation on its highway maps or the planning department of the relevant county;
d.	Municipalities, as certified by the city clerk on the official map of the city; or
e.	A combination of these boundaries;
	Provided that if, as a result of the alteration, the polling place is no longer in the precinct, it may continue to be the polling place as long as the lot or tract on which the polling place is situated adjoins the precinct;
(1a)	Alter, where necessary, precinct boundaries so that each precinct is composed solely of contiguous territory;
(2)	Mark all precinct boundaries on the maps sent by the Legislative Services Office, showing the precinct boundaries in effect as of the time of marking, but with any changes effective at a later time as provided by subsection (d) of this section; and
(3)	File at a time deemed necessary by the Deputy Secretary of State for Elections with the Secretary of State and the Legislative Services Office the maps identifying the precinct boundaries. The Deputy Secretary of State for Elections may require a county board of elections to file a written description of the boundaries of any precinct or part thereof.
(b)	The Deputy Secretary of State for Elections and the Legislative Services Office shall examine the returned maps and their written descriptions. After its examination of the maps and their written descriptions, the Legislative Services Office shall submit to the Deputy Secretary of State for Elections its opinion as to whether the county board of elections has complied with the provisions of subsection (a) of this section, with notations as to where those boundaries do not comply with these standards. If the Deputy Secretary of State for Elections determines that the county board of elections has complied with the provisions of subsection (a) of this section, the Deputy Secretary of State for Elections shall approve the maps and written descriptions as filed and these precincts shall be the official precincts.
(c)	If the Deputy Secretary of State for Elections determines that the county board of elections has not complied with the provisions of subsection (a) of this section, 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 those boundaries set forth in subsection (a)(1) of this section nearest to those existing precinct boundaries. These altered precincts shall then be the official precincts.
(d)	The changes in precinct boundaries under subsections (b) and (c) of this section shall be made effective not later than January 1, 1997; unless the change would result in placing a precinct in more than one State House of Representatives, State Senate, or Congressional district, in which case it shall be made effective not later than January 1, 2002.
(e), (f)	Repealed by Session Laws 1991 (Regular Session, 1992), c. 927, s. 1, effective July 1, 1992.
(g)	The Legislative Services Office shall send maps, under subsection (a) of this section, to the counties named below by the dates indicated:
(1)	Maps to be sent not later than January 1, 1993, to the following counties: Alexander, Alleghany, Anson, Ashe, Avery, Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Caswell, Currituck, Cherokee, Clay, Franklin, Gates, and Hoke;
(2)	Maps to be sent not later than January 1, 1994, to the following counties: Columbus, Dare, Davie, Graham, Haywood, Hertford, Hyde, Jackson, Lee, Lincoln, Madison, Martin, Mitchell, Montgomery, Northampton, and Pasquotank; and
(3)	Maps to be sent not later than January 1, 1995, to the following counties: Macon, McDowell, Moore, Pamlico, Perquimans, Person, Polk, Rutherford, Stanly, Stokes, Swain, Transylvania, Tyrrell, Vance, Warren, and Yadkin.
(h)	This section shall apply only to the following counties: Alexander, Alleghany, Anson, Ashe, Avery, Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Caswell, Cherokee, Clay, Columbus, Currituck, Dare, Davie, Franklin, Gates, Graham, Greene, Haywood, Hertford, Hoke, Hyde, Jackson, Lee, Lincoln, Macon, Madison, Martin, McDowell, Mitchell, Montgomery, Moore, Northampton, Pamlico, Pasquotank, Perquimans, Person, Polk, Rutherford, Stanly, Stokes, Swain, Transylvania, Tyrrell, Vance, Warren, Watauga, and Yadkin."
Sec. 62.  G.S. 163-132.3 reads as rewritten:
"§ 163-132.3.  Alterations to approved precinct boundaries.
(a)	No county board of elections of a county listed in G.S. 163-132.1A(b), after January 1, 1990, and no county board of elections of a county listed in G.S. 163-132.2(h), after its precinct boundaries are approved pursuant to G.S. 163-132.2, 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;
(3)	Named roads and streets and drainage features of 40 feet or more in width, as certified by the North Carolina Department of Transportation on its highway maps or the planning department of the relevant county;
(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 the new boundaries of these precincts. The Deputy Secretary of State for Elections 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 Deputy Secretary of State for Elections as being in compliance with this subsection.
(b)	The Deputy Secretary of State for 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 Deputy Secretary of State for 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 Deputy Secretary of State for Elections determines that all precinct boundaries are in compliance with this section, the Deputy Secretary of State for Elections shall approve the maps and written descriptions as filed and these precincts shall be the official precincts.
(c)	If the Deputy Secretary of State for Elections 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."
Sec. 63.  G.S. 163-132.4 reads as rewritten:
"§ 163-132.4. Directives.
The Deputy Secretary of State for Elections may promulgate directives concerning its duties and those of the county boards of elections under this Article."
Sec. 64.  G.S. 163-132.5 reads as rewritten:
"§ 163-132.5. Cooperation of State and local agencies.
The State Budget Office, the Department of Transportation and county and municipal planning departments shall cooperate and assist the Legislative Services Office, the Deputy Secretary of State for Elections and the county boards of elections in the implementation of this Article."
Sec. 65.  G.S. 163-132.5B reads as rewritten:
"§ 163-132.5B. Exemption from Administrative Procedure Act.
The Secretary of State 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 Deputy Secretary of State for Elections under this Article shall be taken to the Secretary of State within 30 days of that decision.  The Secretary of State shall approve, disapprove or modify the Deputy Secretary of State's decision within 30 days of receipt of notice of appeal.  Failure of the Secretary of State to act within 30 days of receipt of notice of appeal shall constitute a final decision approving that of the Deputy Secretary of State for Elections.  Appeals from a final decision of the Secretary of State under this Article shall be taken to the Superior Court of Wake County."
Sec. 66.  G.S.  163-132.5D reads as rewritten:
"§ 163-132.5D.  Retention of precinct maps.
The Deputy Secretary of State for Elections shall retain the maps and written descriptions which he approves pursuant to G.S. 163-132.3."
Sec. 67.  G.S.  163-136(b) reads as rewritten:
"(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 Secretary of State, at the expense of the State.
	Provided, that the Secretary of State, in its discretion, may direct some or all counties to print the ballots required by this subdivision under the supervision of the Secretary of State. If the Secretary of State prints and distributes the ballots required by this subdivision at the expense of the State, the Secretary of State shall have the authority to negotiate for the ballots to be printed and distributed on a regional or centralized basis, and the Secretary of State shall be exempt from securing competitive bids for printing and distribution of all ballots, abstracts and precinct return forms."
Sec. 68.  G.S. 163-137(b) reads as rewritten:
"(b)	The ballots prepared for use in general and special elections under the provisions of this Article by the Secretary of State shall be printed and delivered to the county boards of elections at least 60 days prior to the date of any election in which absentee voting is permitted and at least 60 days prior to the date of any election in which absentee voting is not permitted."
Sec. 69.  G.S. 163-140 reads as rewritten:
"§ 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.
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.
If the Secretary of State divides the State ballot into two or more ballots, all candidates for superior court shall appear on the same ballot except that the Secretary of State may divide the election of superior court judges into two ballots either because of length of the ballot or to provide a separate ballot for multi-seat races but only superior court judges shall be on those ballots, and 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 Deputy Secretary of State for 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 Secretary of State 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 Deputy Secretary of State for 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 Secretary of State 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 Deputy Secretary of State for 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)	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 (including judges of the superior court) shall be divided into parallel columns separated by distinct black lines. The Secretary of State 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 Secretary of State 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 Deputy Secretary of State for Elections. If the State ballot contains no multi-seat race, then the second sentence of instruction b. shall not appear on the ballot.
(5)	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, 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 Secretary of State 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.
(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)	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.
(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 Secretary of State 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 Secretary of State 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."
Sec. 70.  G.S. 163-140.1 reads as rewritten:
"§ 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 Secretary of State. 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 Secretary of State 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 Secretary of State."
Sec. 71.  G.S. 163-141 reads as rewritten:
"§ 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 Secretary of State 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 registrar with an adequate supply of the sample ballots prepared by the Secretary of State as well as of those the county board is required to prepare."
Sec. 72.  G.S. 164-150(f) reads as rewritten:
"(f)	Maintenance of Pollbook or Other Record of Voting. – At each primary, general or special election, the precinct registrar 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 Secretary of State, 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 registrar and judges of election shall sign the pollbook or other approved record immediately beneath the last voter's name entered therein. The registrar 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."
Sec. 73.  G.S. 163-153(1) reads as rewritten:
"(1) 	Officers of election, that is, the Secretary of State, the Deputy Secretary of State for Elections, members of the county board of elections, supervisors of elections, and the precinct registrar, precinct judges of election, and assistants appointed for the precinct under the provisions of G.S. 163-42."
Sec. 74.  G.S. 163-160 reads as rewritten:
"§ 163-160.  Voting systems; approval; rules and regulations.
The Secretary of State 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 Secretary of State 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 Secretary of State 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."
Sec. 75.  G.S. 163-161 reads as rewritten:
"§ 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 Secretary of State 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 Secretary of State, 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 Secretary of State, 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 Secretary of State.
(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 Secretary of State, 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."
Sec. 76.  G.S. 163-162 reads as rewritten:
"§ 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 Secretary of State, 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 Secretary of State, provided those ballots are identifiable and retrievable."
Sec. 77.  G.S. 163-163 reads as rewritten:
"§ 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 Secretary of State shall adopt regulations to implement this section."
Sec. 78.  G.S. 163-164 reads as rewritten:
"§ 163-164.  Use of paper ballots in multi-candidate contests where optical scan ballot counters cannot be used.
The Secretary of State 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."
Sec. 79.  G.S. 163-170.1 reads as rewritten:
"§ 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 Secretary of State shall by directive amend the instructions provided by this act, if necessary, to effectuate this section."
Sec. 80.  G.S. 163-171 reads as rewritten:
"§ 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 registrar 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 registrar 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 registrar, 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 registrar 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 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 Secretary of State, 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."
Sec. 81.  G.S. 163-172 reads as rewritten:
"§ 163-172. Secretary of State to prepare and distribute abstract forms; printing by counties.
The Secretary of State 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 Secretary of State shall furnish directions for completing, certifying, signing, and transmitting abstracts of returns to the Secretary of State as required by this Chapter after each primary and election.
Provided, that the Secretary of State, in that officer's discretion, may direct some or all counties to print the abstracts and precinct return forms as designed by the Secretary of State and required for any primary or election. If the Secretary of State prints and distributes the abstracts and precinct return forms required for any primary or election, at the expense of the State, the Secretary of State 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 Secretary of State shall be exempt from securing competitive bids for printing and distribution."
Sec. 81.1.  G.S. 163-175 reads as rewritten:
"§ 163-175. County board of elections to canvass returns.
On the second 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 Deputy Secretary of State for Elections pursuant to regulations of the Deputy Secretary of State for Elections, 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.
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."
Sec. 82.  G.S. 163-176 reads as rewritten:
"§ 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 Secretary of State.
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."
Sec. 82.1.  G.S. 163-177 reads as rewritten:
"§ 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 Deputy Secretary of State for Elections the duplicate-original abstracts prepared in accordance with G.S. 163-176 for all offices and referenda for which the Deputy Secretary of State for 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 Deputy Secretary of State for 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 Deputy Secretary of State for Elections within the time prescribed in this section, he shall be guilty of a 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."
Sec. 82.2.  G.S. 163-177.1 reads as rewritten:
"§ 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 Deputy Secretary of State for Elections, 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 Deputy Secretary of State for 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 Deputy Secretary of State for Elections."
Sec. 83.  G.S. 163-181 reads as rewritten:
"§ 163-181. Certification of election stayed when election is contested.
The chairman of the county or city board of elections shall not issue a certification of election or nomination or the results of a referendum if there is an election contest pending before the county or city board of election or before the Secretary of State on appeal or otherwise.
Appeals from a decision of the Secretary of State shall be to the Superior Court of Wake County.
A copy of the Secretary of State's final decision shall be served on the parties personally or by certified mail. After the decision by the Secretary of State has been served on the parties, the certification of election shall issue unless the appealing party petitions the Superior Court of Wake County for a stay of the certification within 10 days after the date of service.
The Superior Court of Wake County shall not issue a stay of certification unless the petitioner shows the court that he intends to appeal the decision of the Secretary of State and that he is likely to prevail and that the results of the election would be changed in his 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."
Sec. 83.1.  G.S. 163-187 reads as rewritten:
"§ 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 Deputy Secretary of State for Elections shall constitute the State's legal canvasser 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).
Notwithstanding any other provision of this Chapter, when the votes for an office are being canvassed, and the incumbent Secretary of State is a candidate in the primary or election for that office, the duties of the Deputy Secretary of State for Elections as to the canvass for that office under this Chapter, other than setting the date on which the canvass shall take place, shall be exercised by the Lieutenant Governor, or if there is no Lieutenant Governor, by the Attorney General."
Sec. 83.2. G.S. 163-188 reads as rewritten:
"§ 163-188. Canvass of returns of primary and election.
Following each primary and election held in this State under the provisions of this Chapter, the Deputy Secretary of State for Elections shall at the office of the Deputy Secretary of State for Elections in the City of Raleigh canvass the votes cast in all the counties of the State for all national, State, and district offices, determine by the count who is nominated or elected to the respective offices, and 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 Deputy Secretary of State for Elections.
At the canvass required by the preceding paragraph, if the abstracts of returns have not been received from all of the counties, the Deputy Secretary of State for Elections may adjourn the canvass for not more than 10 days for the purpose of securing the missing abstracts. In obtaining them, the Deputy Secretary of State for Elections 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 Deputy Secretary of State for 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 canvass required by the first paragraph of this section (or at any adjourned session thereof), the Deputy Secretary of State for Elections shall examine the county abstracts when they have all been received and shall proceed with the canvass publicly."
Sec. 83.3. G.S. 163-189 reads as rewritten:
"§ 163-189. Canvass of 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 Deputy Secretary of State for Elections shall conduct the canvass for the purposes prescribed in G.S. 163-188 as soon as the Deputy Secretary of State for Elections shall have received abstracts of returns from all of the counties entitled to vote in the special election. The Deputy Secretary of State for Elections  shall fix the day of the canvass not later than 10 days after the special election, and county boards of elections shall transmit their abstracts of returns to the Deputy Secretary of State for Elections in sufficient time to be available for the State canvass."
Sec. 83.4.  G.S. 163-190 reads as rewritten:
"§ 163-190. Deputy Secretary of State for 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 Deputy Secretary of State for Elections shall be allowed access to the ballot boxes to make or order a recount and to declare the results."
Sec. 83.5.  G.S. 163-191 reads as rewritten:
"§ 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 Deputy Secretary of State for 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 Deputy Secretary of State for 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 Deputy Secretary of State for Elections. But if two or more be equal and highest in votes for the office, then the Deputy Secretary of State for Elections shall order a new election for the purpose of breaking the tie vote."
Sec. 83.6.  G.S. 163-192 reads as rewritten:
"§ 163-192.  Deputy Secretary of State for Elections to prepare abstracts and declare results of primaries and elections.
	(a)	After Primary. – At the conclusion of the canvass of the primary election, the Deputy Secretary of State for 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, judges of the superior court, 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.
(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 Deputy Secretary of State for 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 Deputy Secretary of State for Elections. They shall also state the name or names of the person or persons whom the Deputy Secretary of State for 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 Deputy Secretary of State for Elections in that officer's 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 Deputy Secretary of State for 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, judges of the superior court, 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 district as defined in G.S. 7A-133 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 Deputy Secretary of State for 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 Deputy Secretary of State for Elections. They shall also state the name or names of the person or persons whom the Deputy Secretary of State for 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 Deputy Secretary of State for Elections in that officer's official capacity and shall have the great seal of the State affixed thereto.
(c)	Disposition of Abstracts of Returns. – The Deputy Secretary of State for 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 Deputy Secretary of State for Elections under the provisions of G.S. 163-177. Upon the request of the Legislative Services Office, the Deputy Secretary of State for Elections shall submit a copy of  the original abstracts to that Office."
Sec. 83.7.  G.S. 163-192.1 reads as rewritten:
"§ 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 Deputy Secretary of State for 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 Deputy Secretary of State for 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 Deputy Secretary of State for 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 Deputy Secretary of State for 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 Deputy Secretary of State for Elections.
(d)	This section applies to the offices listed in G.S. 163-192."
Sec. 83.8. G.S. 163-193 reads as rewritten:
"§ 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 Deputy Secretary of State for 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."
Sec. 83.9.  G.S. 163-195 reads as rewritten:
"§ 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 Deputy Secretary of State for 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 Deputy Secretary of State for Elections 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 Deputy Secretary of State for Elections shall deliver the results in a format prescribed by the Secretary of State. The Deputy Secretary of State for Elections 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."
Sec. 84.  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 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 Secretary of State 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."
Sec. 84.1.  G.S. 163-210 reads as rewritten:
"§ 163-210. Governor to proclaim results; casting State's vote for President and Vice-President.
Upon receipt of the abstracts prepared by the Deputy Secretary of State for 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 Deputy Secretary of State for 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.
On or before the date fixed for the meeting of the electors, the Governor shall send by registered mail to the Administrator of General Services, a certificate 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. 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, those 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."
Sec. 85.  G.S. 163-213.3 reads as rewritten:
"§ 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 Secretary of State shall have authority to promulgate reasonable rules and regulations, not inconsistent with provisions contained herein, pursuant to the administration of this Article."
Sec. 86.  G.S. 163-213.4 reads as rewritten:
"§ 163-213.4.  Nomination by Secretary of State.
On the first Tuesday in February preceding the presidential preference primary election.  the Secretary of State 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 Secretary of State 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."
Sec. 87.  G.S. 163-213.5 reads as rewritten:
"§ 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 Secretary of State 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 Secretary of State no later than 5:00 P.M. on the date the Secretary of State 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 Secretary of State 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 Secretary of State."
Sec. 88.  G.S. 163-213.6 reads as rewritten:
"§ 163-213.6. Notification to candidates.
The Secretary of State shall forthwith contact each person who has been nominated by the Secretary of State 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."
Sec. 89.  G.S. 163-213.7 reads as rewritten:
"§ 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 Secretary of State 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 'Independents' or 'No Party' shall not participate in the presidential preference primary except upon changing such affiliation in accordance with law."
Sec. 90.  G.S. 163-213.8 reads as rewritten:
"§ 163-213.8. Allocation of delegate positions to reflect division of votes in the primary.
(a)	Upon completion and certification of the primary results, 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."
Sec. 91.  G.S. 163-226(a)(3) reads as rewritten:
"(3) 	He is incarcerated, whether in his county of residence or elsewhere, shall be entitled to vote by absentee ballot in the county of his residence in any election, specified herein, in which he 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 Secretary of State. The Secretary of State is authorized to prescribe procedures to carry out the intent and purpose of this subsection;"
Sec. 92.  G.S. 163-226.3(b) reads as rewritten:
"(b)	The Secretary of State 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 such affidavit to the appropriate district attorney, who shall investigate and prosecute any person violating subsection (a)."
Sec. 93.  G.S. 163-227(a) reads as rewritten:
"(a)	Applications for Absentee Ballots Generally. – A voter falling in any one of the categories defined in G.S. 163-226, 163-226.1 or 163-226.2 may apply for absentee ballots not earlier than 50 days prior to the statewide, county or municipal election in which he seeks to vote and not later than 5:00 P.M. on the Tuesday before that election.  Subject to all other provisions contained in this Article, a voter applying for an absentee ballot shall complete the standard application form to be secured by the county board of elections, as designed and prescribed by the Secretary of State.  The form shall contain lines to be checked off by each of the kinds of voters specified below:
(1)	A voter expecting to be absent from the county of his residence all day on the day of the specified election.  (G.S. 163-226(a)(1)).
(2)	A voter who is unable to be present at the voting place to vote in person on the day of the specified election because of his sickness or other physical disability occurring before 5:00 P.M. on the day prior to the date of the specified election. (G.S. 163-226(a)(2)).
(3)	Repealed by Session Laws 1991, c. 727, s. 6.1.
(4)	A voter expecting to be absent from the county, or due to emergency disability will be unable to vote in person, or a person who qualifies under G.S. 163-226(a)(4), and who, in lieu of making application by mail, wishes to apply in person and receive a ballot which he may immediately vote in the office of the county board of elections."
Sec. 93.1.  G.S. 163-227(c) reads as rewritten:
"(c)	Application Forms Issued by Chairman of County Board of Elections. – The chairman of the county board of elections shall be sole custodian of all absentee ballot application forms, but he, the secretary of the board and the supervisor of elections of the board, in accordance with one of the following two procedures, shall issue and deliver a single application form, upon request, to a person authorized to sign such an application under the provisions of this section:
(1)	The chairman, secretary or supervisor of elections may deliver the form to a voter personally or to his near relative or verifiable legal guardian at the office of the county board of elections for the voter's own use; or
(2)	The chairman, secretary or supervisor of elections may mail the form to a voter for his own use upon receipt of a written request from the voter or his near relative or verifiable legal guardian.
		At the time he issues an application form, the chairman, secretary or supervisor of elections of the county board of elections shall number it and write the name of the voter in the space provided therefor at the top of the form. At the same time the chairman, secretary or supervisor of elections shall insert the name of the voter and the number assigned his application in the register of absentee ballot applications and ballots issued provided for in G.S. 163-228. If the application is requested by the voter's near relative, or verifiable legal guardian, the chairman, secretary or supervisor of elections also shall insert that person's name in the register after the name of the voter.
		The chairman, secretary or supervisor of elections shall issue only one application form to a voter or his near relative or verifiable legal guardian unless a form previously issued is returned to the chairman, secretary or supervisor of elections and marked 'Void' by him. In such a situation, the chairman, secretary or supervisor of elections may issue another application form to the voter or a near relative or verifiable legal guardian, but he shall retain the voided application form in the board's records. If the application is requested by the voter's near relative or verifiable legal guardian, the chairman, secretary or supervisor of elections shall write the name of the near relative or verifiable legal guardian on the index of near relatives or verifiable legal guardians, applying for applications for absentee ballots; the index shall be in such form as may be prescribed or approved by the Secretary of State; a separate index shall be maintained for each primary, general or special election in which absentee voting is allowed.
(3)	Applications or Absentee Ballots Transmitted by Mail or in Person. – An application for absentee ballots shall be made and signed only by the voter desiring to use them or the voter's near relative or verifiable legal guardian and shall be valid only when transmitted to the chairman or supervisor of elections of the county board of elections by mail or delivered in person by the voter or his near relative or legal verifiable guardian.
(4)	Who Is Authorized to Request Applications for Absentee Ballots. – A voter may personally request an application for absentee ballots or may cause such request to be made through a near relative or verifiable legal guardian. For the purpose of this Article, 'near relative' means spouse, brother, sister, parent, grandparent, child, or grandchild.
(5)	The form of application for persons applying to vote in a primary under the provisions of this section shall be as designed and prescribed by the Secretary of State. No voter shall be furnished ballots for voting in a primary except the ballots for candidates for nomination in the primary of the political party with which he is affiliated at the time he makes application for absentee ballots. The official registration records of the county in which the voter is registered shall be proof of the party, if any, with which the voter is affiliated.
(6)	The county board of elections shall cause to be stamped or printed on the face of each application for absentee ballots the following legend, and the blank space in the legend to be completed:
	'This application is issued for absentee ballots to be voted in the ________ (primary or general or special election) to be held in __________ County on the ______________ day of ________, 19 ____.' The county board of elections shall not issue any absentee ballots on the basis of any application that does not bear the completed legend.
(7)	No applications shall be issued earlier than 50 days prior to the election in which the voter wishes to vote. Nothing herein shall prohibit the county board of elections from receiving written requests for applications earlier than 50 days prior to the election but such applications shall not be mailed or issued to the voter in person earlier than 50 days prior to the election.
(8)	Applications for absentee ballots shall be issued only by mail or in the office of the county board of elections to the voter or a near relative or verifiable legal guardian authorized to make application. No election official shall issue applications for absentee ballots except in compliance with the provisions stated herein."
Sec. 94.  G.S. 163-227.3 reads as rewritten:
"§ 163-227.3. Date by which absentee ballots must be available for voting.
(a)	The Secretary of State shall provide absentee ballots of the kinds to be furnished by the Secretary of State, 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 Secretary of State or the courts not concluded, in which case the Secretary of State shall provide the ballots as quickly as possible upon the conclusion of such an appeal. In every instance the Secretary of State shall exert every effort to provide absentee ballots, of the kinds to be furnished by the Secretary of State, to each county by the date on which absentee voting is authorized to commence.
(b)	Second Primary. – The Secretary of State shall provide absentee ballots, of the kinds to be furnished by the Secretary of State, as quickly as possible after the ballot information has been determined."
Sec. 95.  G.S. 163-228 reads as rewritten:
"§ 163-228.  Register of absentee ballot applications and ballots issued; a public record.
The Secretary of State shall design an official register and provide a source of supply thereof from which the chairman of the county board of elections in each county of the State shall purchase a book to be called the register of absentee ballot applications and ballots issued in which shall be recorded whatever information and official action may be required by this Article.
The register of absentee ballot 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."
Sec. 96.  G.S. 163-230.1(e) reads as rewritten:
"(e)	The Secretary of State, by regulation or by instruction to the county board of elections, shall establish procedures to provide appropriate safeguards in the implementation of this section."
Sec. 97.  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 Secretary of State. 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, recognized 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. 98.  G.S. 163-233 reads as rewritten:
"§ 163-233. Applications for absentee ballots; how retained.
The chairman of 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 Secretary of State or to any person upon the directive of the Secretary of State.
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."
Sec. 99.  G.S. 163-234(6) reads as rewritten:
"(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 Secretary of State. The abstract shall be signed by the members of the board in attendance and the original mailed immediately to the Secretary of State."
Sec. 100.  G.S. 163-238 reads as rewritten:
"§ 163-238. Reports of violations to district attorneys.
It shall be the duty of the Secretary of State 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."
Sec. 101.  G.S. 163-246 reads as rewritten:
"§ 163-246. Provisions of Article 20 applicable except as otherwise provided; Secretary of State to adopt rules.
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 Secretary of State is authorized to adopt and promulgate whatever rules (not in conflict with other provisions of this Chapter) that officer may deem necessary to carry out the true intent and purpose of this Article."
Sec. 102.  G.S. 163-248 reads as rewritten:
"§ 163-248.  Register, ballots, container-return envelopes, and instruction sheets.
(a)	Register of Military Absentee Ballot Applications and Ballots Issued. – The Secretary of State 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 Secretary of State 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 Secretary of State 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............, 19......

                                           (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."
Sec. 103.  G.S. 163-251(b) reads as rewritten:
"(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 Secretary of State. 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 registrar of each precinct in the county. The registrar 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 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 any. 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."
Sec. 104.  G.S. 163-256 reads as rewritten:
"§ 163-256.  Regulations of Secretary of State.
	The Secretary of State 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."
Sec. 105.  G.S. 163-278 reads as rewritten:
"§ 163-278. Duty of investigating and prosecuting violations of this Article.
It shall be the duty of the Campaign Finance Board and the district attorneys to investigate any violations of this Article, and the Campaign Finance 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 Campaign Finance Board 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 Campaign Finance Board 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."
Sec. 106.  G.S. 163-278.6(1) reads as rewritten:
"(1) 	The term 'board' means the Campaign Finance Board with respect to all candidates for State and multi-county district offices and the county board of elections with respect to all candidates for single-county district, county and municipal offices. The term means the Campaign Finance Board with respect to all statewide referenda."
Sec. 107.  G.S. 163-278.9(e) reads as rewritten:
"(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 Campaign Finance Board:
(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."
Sec. 108.  G.S. 163-278.11(3) reads as rewritten:
"(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 Campaign Finance Board 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."
Sec. 109.  G.S. 163-278.13A(d) reads as rewritten:
"(d)	A violation of this section is a misdemeanor, but no individual or person shall be prosecuted under this section for accepting or making a contribution unless the Campaign Finance Board has notified the individual or person of the apparent violation in writing by certified mail, has given the individual or person an opportunity to return or to request the return of the contribution, and, within 10 days of the receipt of the notification, the individual or person has failed to return or to request the return of the contribution."
Sec. 110.  G.S. 163-278.21 reads as rewritten:
"§ 163-278.21. Promulgation of policy and administration through Campaign Finance Board.
The Campaign Finance Board shall have responsibility, adequate staff, equipment and facilities, for promulgating all necessary regulations, and for the administration of this Article. The Campaign Finance Board shall empower the Deputy Secretary of State for Elections 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 Campaign Finance Board."
Sec. 111.  G.S. 163-278.22 reads as rewritten:
"§ 163-278.22. Duties of Campaign Finance Board.
It shall be the duty and power of the Campaign Finance 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 supervisors 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 Campaign Finance Board as the Campaign Finance Board deems necessary in the administration of this Article."
Sec. 112.  G.S. 163-278.23 reads as rewritten:
"§ 163-278.23. Duties of t Deputy Secretary of State for Elections.
The Deputy Secretary of State for Elections 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 Deputy Secretary of State for Elections 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, or media required to file a statement under this Article if:
(1) 	It appears that the individual, candidate, treasurer, political committee, referendum committee or media 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 or media has failed to file a statement required by this Article.
The Deputy Secretary of State for Elections shall issue written rulings to candidates and may issue written rulings to the communications media, political committees, and referendum committees upon request, regarding filing procedures and compliance with this Article. Any such ruling so issued shall specifically refer to this paragraph. If the candidate, communications media, political committees, or referendum committees rely on and comply with the ruling of the Deputy Secretary of State for Elections, then prosecution on account of the procedure followed pursuant thereto and prosecution for failure to comply with the statute inconsistent with the written ruling of the Deputy Secretary of State for 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."
Sec. 113.  G.S. 163-278.26 reads as rewritten:
"§ 163-278.26. Appeals from Campaign Finance Board; 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."
Sec. 114.  Article 22A of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163-278.6A. Campaign Finance Board.
(a)	There is established within the Department of the Secretary of State the Campaign Finance Board.
(b)	The Campaign Finance Board consists of six members, two appointed by the Governor, two appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate under G.S. 120-121, and two appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives under G.S. 120-121.
(c)	Except as provided in this subsection, terms of office shall be for four years.  Initial appointees shall serve terms commencing May 1, 1993, and expiring June 30, 1997.  Successors shall be appointed for terms to commence July 1, 1997, and quadrennially thereafter.
(d)	Each of the three categories of appointing authorities shall appoint one person who is a member of the political party having the greatest number of registered voters in the State, and one person who is a member of the political party having the second greatest number of registered members in the State.  Change in party affiliation by a member shall create a vacancy.
(e)	Vacancies shall be filled by the appointing authority for the remainder of the unexpired terms, and vacancies in legislative appointments shall be filled in accordance with G.S. 120-122.
(f)	The Governor shall annually appoint from among the membership a chair to serve a one-year term, except the term of the initial chair expires June 30, 1994.  The Deputy Secretary of State for Elections is the Secretary of the Board.
(g)	Clerical assistance and other services for the Board shall be provided by the Department of the Secretary of State.
(h)	A quorum is four members of the Board.  Meetings may be called by the Secretary of State, the chair, or by any three members.
(i)	Members shall be compensated as provided by law."
Sec. 114.1.  G.S. 120-123 is amended by adding a new subdivision to read:
"(60)	The Campaign Finance Board as established by G.S. 163-278.6A."
Sec. 115.  G.S. 163-278.37 reads as rewritten:
"§ 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 Campaign Finance Board."
Sec. 116.  G.S. 163-278.41 reads as rewritten:
"§ 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 Campaign Finance 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 Campaign Finance Board and in which shall be placed money contributed by taxpayers, as provided in G.S. 105-159.1.  Upon receipt of such application, the Campaign Finance 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 Secretary of State has certified all of the results of the general election.  Additionally and upon receipt of such application, the Campaign Finance 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 Campaign Finance Board for the disbursement of all funds deposited on behalf of such party in the Political Parties Fund.  Upon receipt of such application, the Campaign Finance 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 Secretary of State has certified all of the results of the general election.  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 Campaign Finance 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 Campaign Finance 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 Campaign Finance 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 Campaign Finance Board pursuant to this section.  Any interest earned on the funds deposited in such Presidential Election Year Campaign Fund shall be credited thereto."
Sec. 117.  G.S. 163-278.43 reads as rewritten:
"§ 163-278.43.  Annual report to Campaign Finance Board; 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 Deputy Secretary of State for 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 Campaign Finance Board 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 Deputy Secretary of State for 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 Campaign Finance Board shall review each application and certify that the political party is eligible to receive the funds requested. The Campaign Finance 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."
Sec. 118.  G.S. 163-278.46 reads as rewritten:
"§ 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 Campaign Finance 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."
Sec. 119.  G.S. 163-280(i) reads as rewritten:
"(i)	The city council with power to appoint a member of a municipal board of elections or the Secretary of State 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 Secretary of State shall notify the municipal board member affected and give him an opportunity to be heard."
Sec. 120.  G.S. 163-284(b) reads as rewritten:
"(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 Secretary of State under existing statutory provisions and rules or regulations adopted by the Secretary of State.
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."
Sec. 121.  G.S. 163-285 reads as rewritten:
"§ 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 Secretary of State shall prescribe the agreement, to which both parties are bound, or, in its discretion, the Secretary of State 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 Secretary of State 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 Secretary of State 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 Secretary of State 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) 	If any city, town or incorporated village, operating under this section, shall decide that a full-time registration office is needed in such city, then it shall be the duty of the county board of elections to appoint such registration commissioner who shall be attendant to the duties of registration of voters or other such duties as might be assigned by the county board of elections. Such registration commissioner shall be titled 'city registrar' and shall be provided office space and equipment by the city, town or incorporated village requesting such 'city registrar.' Persons appointed by the county board of elections to such positions shall be paid by the city, town or incorporated village at the rate of not less than twenty dollars ($20.00) per day and such persons shall be appointed by the county board of elections to be in attendance at the prescribed duties not less than one nor more than five days each week."
Sec. 121.1.  G.S. 163-286(a) reads as rewritten:
"(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, 7, 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 Secretary of State shall have the same authority over all such elections as it  has over county and State elections under those Articles."
Sec. 122.  G.S. 163-288 reads as rewritten:
"§ 163-288.  Registration for city elections; county and municipal boards of elections.
	(a)	Where the county board of elections conducts the municipal election, 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.
(b)	Where the municipal board of elections conducts the elections, each such municipality shall purchase only those loose-leaf binders for the registration records that have been approved by the Secretary of State.
The loose-leaf registration forms shall be those approved by the Secretary of State. When completed by each municipal registrant, the forms shall be the official registration record in each municipality and shall be kept in agreement with the county registration records for that registrant. They shall be prepared, completed, maintained and kept current pursuant to the same provisions of Article 7, Chapter 163, as apply to registration records of county boards of elections. They also shall be furnished by the Secretary of State, through the respective county boards of elections, to the municipalities.
Every municipal board of elections conducting the elections in any city, town, or incorporated village shall secure and install those binders and loose-leaf forms required by this section no later than January 1, 1973, or no later than 90 days after any such municipality elects to conduct its own elections.
(c)	Registration of voters and preparation of registration books for city elections in cities electing to conduct their own elections shall be conducted under one of the following alternative methods:
(1)	METHOD A. – A permanent, full-time registration office shall be established in a convenient place within a city, and the municipal board of elections shall appoint a special registration commissioner to be in charge of the office, and the commissioner shall have full power and authority to register voters who reside within the city without regard to their precinct or county of residence. A municipal board of elections may appoint special registration commissioners notwithstanding the population limitation contained in G.S. 163-67(b).
(2)	METHOD B. – The municipal board of elections may contract with the county board of elections to prepare two extra sets of registration forms for each person who registers with the county board of elections and who resides in the municipality which negotiates such agreement. Any such agreement shall be in writing and shall be on such terms as is agreeable to the majority of the county board of elections involved.
(3)	(For effective date see note) METHOD C. – The county board of elections shall permit the municipal board of elections to copy county registration books from the precinct binder record or from the duplicate required to be maintained by said county board of elections. During the period beginning on the twenty-first day before each municipal election (excluding Saturdays and Sundays), the municipal board of elections shall compare the municipal registration books with the appropriate county books and shall add or delete registration certificates in order that the city and county records shall agree. The precincts established for municipal elections may differ from those established by the county board of elections.
(3)	(For effective date see note) METHOD C. – The county board of elections shall permit the municipal board of elections to copy county registration books from the precinct binder record or from the duplicate required to be maintained by said county board of elections. During the period beginning on the last day for making application to register under G.S. 163-67, the municipal board of elections shall compare the municipal registration books with the appropriate county books and shall add or delete registration certificates in order that the city and county records shall agree. The precincts established for municipal elections may differ from those established by the county board of elections.
(4)	METHOD D. – The county board of elections may, in its sole discretion, deliver to the municipal board of elections the county precinct registration books for each precinct wholly or partially located within the city, and these books shall be used in conducting the municipal elections.
(d)	The Secretary of State shall have authority to promulgate rules for the detailed administration of each alternative method of registration offered by this section.
(e)	Each city, town or incorporated village electing to conduct its own elections shall select one of the registration methods offered by this section by joint agreement with the appropriate county boards of elections, subject to the approval of the Secretary of State. The selection of method shall be evidenced by concurrent resolutions of the city council and each affected county board of elections, which shall be filed with the Secretary of State, and which shall become effective upon the Secretary of State's approval thereof. Provided, however, if METHOD A is selected, the municipal board of elections shall only be required to send a copy of the resolution to the Secretary of State and the county board of elections. If the city and the county board of elections fail to agree then METHOD C shall be used."
Sec. 123.  G.S. 163-288.1(c) reads as rewritten:
"(c)	The Secretary of State shall have authority to adopt rules for the more detailed administration of this section."
Sec. 124.  G.S. 163-295 reads as rewritten:
"§ 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, 7, 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 Secretary of State shall have the same authority over all such elections as it  has over county and State elections under those Articles."
Sec. 125.  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 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 Secretary of State. 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 Secretary of State 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."
Sec. 126.  G.S. 163-300 reads as rewritten:
"§ 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 Secretary of State, 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."
Sec. 127.  G.S. 163-302(a) reads as rewritten:
"(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 Secretary of State 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."
Sec. 128.  G.S. 163-304 reads as rewritten:
"§ 163-304. Secretary of State to have jurisdiction over municipal elections and election officials, and to advise.
The Secretary of State shall have the same authority over municipal elections and election officials as it has over county and State elections and election officials. The Secretary of State 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 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."
Sec. 129.  (a)	Except as it may be inconsistent with the provisions of this act, the State Board of Elections is transferred to the Department of the Secretary of State as a Type I Transfer under G.S. 143A-6(a).
(b)	No action or proceeding pending on the effective date of this act and brought by or against the State Board of Elections shall be affected by any provision of this act but the same may be prosecuted or defended in the name of the Secretary of State. In all such actions and proceedings, the Secretary of State shall be substituted as a party upon appropriate application to the courts.
(c)	The abolition of the State Board of Elections and its Executive Secretary-Director by this act does not invalidate any lawful prior act of such agency or person.
(d)	Any reference or designation in any statute, contract, or other document, which was not specifically amended by this act, pertaining to functions, powers, obligations, and duties of the State Board of Elections or its Executive Secretary-Director shall be deemed to refer to the Secretary of State or the Deputy Secretary of State for Elections, respectively, except that with respect to canvassing it shall be deemed to refer to the Deputy Secretary of State for Elections.
(e)  Any business or other matter undertaken or commenced by the State Board of Elections and its Executive Secretary-Director, pertaining to or connected with the functions, powers, obligations, and duties hereby transferred to the Secretary of State, the Campaign Finance Board, or the Deputy Secretary of State for Elections, and pending on May 1, 1993, may be conducted and completed by the board or officer to whom the duties have been transferred, in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the State Board of Elections and its Executive Secretary-Director.
Sec. 130.  This act becomes effective May 1, 1993.