GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1013

Short Title:  No Party Registration.	(Public)
─────────────────────────────────────── 
Sponsors: Representatives Grady; and J. Preston.
─────────────────────────────────────── 
Referred to:  Judiciary I.
─────────────────────────────────────── 

April 19, 1993

A BILL TO BE ENTITLED
AN ACT TO ABOLISH VOTER REGISTRATION BY PARTY AND TO MAKE OTHER CONFORMING CHANGES.
The General Assembly of North Carolina enacts:
PART ONE – ABOLITION OF REGISTRATION BY PARTY.
Section 1.1.  G.S. 163-74 is repealed.
Sec. 1.2.  G.S. 163-72(a) reads as rewritten:
"(a)	Before questioning any applicant for registration as to his qualifications, the registrar shall present to the applicant a certification which shall be read by or to the applicant on his request and then signed by the applicant: "I hereby certify that the information I shall give with respect to my qualifications and identity is true and correct to the best of my knowledge.

(Signature of applicant)'
After signing the certification, the applicant shall state as accurately as possible his name, age, place of birth, place of residence, the name of any municipalities in which he resides, and any other information which may be material to a determination of his identity and qualification to be admitted to registration. The applicant shall also present to the registrar written or documentary evidence that he is the person he represents himself to be.  The registrar, if in doubt as to the right of the applicant to register, may require other evidence satisfactory to him as to the applicant's qualifications."
Sec. 1.3.  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. 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 State Board of Elections 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 State Board of Elections which are necessary for the binders shall be furnished by the State Board of Elections 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. 1.4. G.S. 163-66 reads as rewritten:
"§ 163-66. Custody of registration records and pollbooks; access; obtaining copies.
In all counties the registration records, books, registration certificates, indexes, computer lists, discs, labels and tapes and other records of registration and voting shall be and remain in the possession of the county board of elections. The county board of elections shall keep all such records in a safe and secure place where they may not be tampered with, stolen or destroyed. If possible, the board shall keep them in a fireproof vault or file. The board may exercise supervision and control of these records through its properly designated officers and employees. It shall be the duty of the county board of elections, on application of any candidate, or the county chairman of any political party, or any other person, to furnish a list of the persons registered to vote in the county or in any precinct or precincts therein. No registrar shall furnish lists of registered voters or permit the registration records of his precinct to be copied. The county board of elections shall furnish such lists and upon request, it may furnish selective lists according to sex, race, date of registration, or any other reasonable category. In all instances, however, the county board of elections shall require persons to whom any list is furnished to make full reimbursement for the expense incurred in preparing it. Notwithstanding the above, however, the chairman of each political party in the county, as defined in G.S. 163-96, shall be entitled biennially, upon written request, to one free list of all registered voters in his county showing the following information about each registered voter: name, address, sex, precinct, and voting history showing which party's primary the voter has chosen to vote in during the past two years, provided, that in counties having voter records maintained on electronic data processing equipment, such lists shall not be furnished biennially but instead on the following schedule: once in each odd-numbered year, once during the first six calendar months of each even-numbered year, and once during the last six months of each even-numbered year. In addition to the typed, mimeographed, xeroxed or computer print-out lists required hereinabove, each county that provides voters' lists from computers shall, upon written request from the State chairman of each political party, provide once in each odd-numbered year, once during the first six calendar months of each even-numbered year, and once during the last six months of each even-numbered year a computer disc or tape containing the name, address, sex, race, age, and precinct of each registered voter and it shall be the responsibility of each State chairman receiving such discs or tapes to provide them to candidates for election who are candidates of their respective political parties and who request the discs or tapes in writing. The free list to be furnished to the county chairman of each political party shall group the registered voters by precinct and shall be furnished as soon as practicable but no later than 30 days after said request. The discs or tapes to be furnished to the State chairman shall be furnished as soon as practicable but no later than 30 days after the request, and the State chairman is required to return the tapes or discs to the county board of elections within 30 days after receiving them."
Sec. 1.5.  G.S. 163-97.1 is repealed.
PART TWO – RIGHT TO VOTE IN PRIMARY.
Sec. 2.1.  G.S. 163-59 reads as rewritten:
"§ 163-59.  Right to participate or vote in party primary.
				
Any registered voter is entitled to vote in the primary election of a political party in contests for offices that voter's residence qualifies him to vote for. The voter may vote in the primary of the party he chooses on the day he votes, in accordance with G.S. 163-150 and 163-226.1. No person shall vote in the primary of more than one party in the same election.
	Any person who will become qualified by age or residence to register and vote in the general election or regular municipal election for which the primary is held, even though not so qualified by the date of the primary, shall be entitled to register for the primary and general or regular municipal election prior to the primary and then to vote in the primary after being registered.  Such person may register not earlier than 60 days nor later than the last day for making application to register under G.S. 163-67.  In addition, persons who will become qualified by age to register and vote in the general election or regular municipal election for which the primary is held, who do not register during the special period may register to vote after such period as if they were qualified on the basis of age, but until they are qualified by age to vote, they may vote only in primary elections."
Sec. 2.2.  G.S. 163-87 reads as rewritten:
"§ 163-87. Challenges allowed on day of primary or election.
On the day of a primary or election, at the time a registered voter offers to vote, any other registered voter of the precinct may exercise the right of challenge, and when he does so may enter the voting enclosure to make the challenge, but he shall retire therefrom as soon as the challenge is heard.
On the day of a primary or election, any other registered voter of the precinct may challenge a person for one or more of the following reasons:
(1)	One or more of the reasons listed in G.S. 163-85(c), or
(2)	That the person has already voted in that primary or election, or
(3)	That the person presenting himself to vote is not who he represents himself to be.
	If a person is challenged under this subsection, and the challenge is sustained under G.S. 163-85(c)(3), the voter may still transfer his registration under G.S. 163-72.3, if eligible under that section, and the registration shall not be cancelled under G.S. 163-90.2(a) if the transfer is made.  A person who has transferred his registration under G.S. 163-72.3 may be challenged at the precinct to which the registration is being transferred."
Sec. 2.3.  G.S. 163-88 reads as rewritten:
"§ 163-88.  Hearing on challenge made on day of primary or election.
A challenge entered on the day of a primary or election shall be heard and decided by the registrar and judges of election of the precinct in which the challenged registrant is registered before the polls are closed on the day the challenge is made. When the challenge is heard the precinct officials conducting the hearing shall explain to the challenged registrant the qualifications for registration and voting in this State, and shall examine him as to his qualifications to be registered and to vote. If the challenged registrant insists that he is qualified, and if, by sworn testimony, he shall prove his identity with the person in whose name he offers to vote and his continued residence in the precinct since he was registered, one of the judges of election or the registrar shall tender to him the following oath or affirmation, omitting the portions in brackets if the challenge is heard on the day of an election other than a primary:
'You do solemnly swear (or affirm) that you are a citizen of the United States; that you are at least 18 years of age [or will become 18 by the date of the next general election]; that you have [or will have] resided in this State and in the precinct for which registered for 30 days [by the date of the next general election]; that you are not disqualified from voting by the Constitution and laws of this State; that your name is ............, and that in such name you were duly registered as a voter of this precinct; that you are the person you represent yourself to be; and that you have not voted in this [primary] election at this or any other voting place. So help you, God.'
If the challenged registrant refuses to take the tendered oath, the challenge shall be sustained, and the precinct officials conducting the hearing shall mark the registration records to reflect their decision, and they shall erase the challenged registrant's name from the pollbook if it has been entered therein. If the challenged registrant takes the tendered oath, the precinct officials conducting the hearing may, nevertheless, sustain the challenge unless they are satisfied that the challenged registrant is a legal voter. If they are satisfied that he is a legal voter, they shall overrule the challenge  and permit him to vote. Whenever any person's vote is received after having taken the oath prescribed in this section, the registrar or one of the judges of election shall write on the registration record and on the pollbook opposite the registrant's name the word 'sworn.'
Precinct election officials conducting hearings on challenges on the day of a primary or election shall have authority to administer the necessary oaths or affirmations to all witnesses brought before them to testify to the qualifications of the person challenged.
A letter or postal card mailed by returnable mail and returned by the United States Postal Service purportedly because the person no longer lives at that address or because a forwarding order has expired shall not be admissible evidence in a challenge heard under this section which was made under G.S. 163-87."
Sec. 2.4.  G.S. 163-90.1(b) reads as rewritten:
"(b)	No challenge shall be sustained unless the challenge is substantiated by affirmative proof. In the absence of such proof, the presumption shall be that the voter is properly registered."
Sec. 2.5.  G.S. 163-90.2 reads as rewritten:
"§ 163-90.2.  Action when challenge sustained, overruled, or dismissed.
(a)	When any challenge is sustained for any cause listed under G.S. 163-85(c), the board shall cancel the voter registration of the voter and shall remove his card from the book, but shall maintain such record for at least six months and during the pendency of any appeal.
		(c)	When any challenge made under G.S. 163-85 is overruled or dismissed, the board shall erase the word 'challenged' which appears on the person's registration records.
(d)	A decision by a county board of elections on any challenge made under the provisions of this Article shall be appealable to the Superior Court of the county in which the offices of that board are located within 10 days. Only those persons against whom a challenge is sustained or persons who have made a challenge which is overruled shall have standing to file such appeal."
Sec. 2.6.  G.S. 163-150 reads as rewritten:
"§ 163-150.  Voting procedures.
(a)	Checking Registration. – A person seeking to vote shall enter the voting enclosure at the voting place through the appropriate entrance and shall at once state his name and place of residence to one of the judges of election.  In a primary election, the voter shall state the political party in whose primary he chooses to vote that day. The judge to whom the voter gives this information shall announce the name and residence of the voter in a distinct tone of voice.  After examining the precinct registration records, the registrar shall state whether the person seeking to vote is duly registered.
(b)	Distribution of Ballots; Information. – If the voter is found to be registered and is not challenged, or, if challenged and the challenge is overruled as provided in G.S. 163-88, the responsible judge of election shall hand him an official ballot of each kind he is entitled to vote.  In a primary election the voter shall be furnished ballots of the political party in whose primary he wishes to vote according to subsection (a) of this section. No person shall vote in the primary of more than one party in the same election. It shall be the duty of the registrar and judges holding the primary or election to give any voter any information he desires in regard to the kinds of ballots he is entitled to vote and the names of the candidates on the ballots.  In response to questions asked by the voter, the registrar and judges shall communicate to him any information necessary to enable him to mark his ballot as he desires.
(c)	Act of Voting. – When a person is given official ballots by the judge, he shall be deemed to have begun the act of voting, and he shall not leave the voting enclosure until he has deposited his ballots in the ballot boxes or returned them to the precinct officials. When he leaves the voting enclosure, whether or not he has deposited his ballots in the ballot boxes, he shall not be entitled to enter the voting enclosure again for the purpose of voting. On receiving his ballots, the voter shall immediately retire alone to one of the voting booths unless he is entitled to assistance under the provisions of G.S. 163-152, and without undue delay he shall mark his ballots in accordance with the provisions of G.S. 163-151.
(d)	Spoiled and Damaged Ballots. – If a voter spoils or damages a ballot, he may obtain another upon returning the spoiled or damaged ballot to the registrar. A voter shall not be given a replacement ballot until he has returned the spoiled or damaged ballot, and he shall not be given more than three replacement ballots in all. The registrar shall deposit each spoiled or damaged ballot in the box provided for that purpose.
(e)	Depositing Ballots and Leaving Enclosure. – When the voter has marked his ballots he shall leave the voting booth and deposit them in the appropriate boxes or hand them to the registrar or a judge who shall deposit them for him. If he does not mark a ballot he shall return it to one of the precinct officials before leaving the voting enclosure. If the voter has been challenged and the challenge has been overruled, before depositing his ballots in the boxes he shall write his name on each of his ballots so they may be identified in the event his right to vote is again questioned. After depositing his ballots in the ballot boxes, the voter shall immediately leave the voting enclosure unless he is one of the persons authorized by law to remain  within the enclosure for purposes other than voting.
(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 State Board of Elections, 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. 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.
(g)	Occupation of Voting Booth. – Subject to the provisions of G.S. 163-152 and G.S. 163-152.1, no voter shall be allowed to occupy a voting booth or voting machine already occupied by another voter, provided, however, husbands and wives may occupy the same voting booth if both wish to do so. No voter shall be allowed to occupy a voting booth or voting machine more than five minutes if all the booths or machines are in use and other voters are waiting to obtain booths or machines."
Sec. 2.7.  G.S. 163-111(e) reads as rewritten:
"(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. No person who voted in the first primary of one party may vote in the second primary of another party in the same election cycle. Subject to this provision for registration, the second primary shall be held under the laws, rules, and regulations provided for the first primary."
Sec. 2.8.  G.S. 163-283 reads as rewritten:
"§ 163-283.  Right to participate or vote in party primary.
			Any registered voter is entitled to vote in the primary election of a political party in contests for offices that voter's residence qualifies him to vote for. The voter may vote in the primary of the party he chooses on the day he votes, in accordance with G.S. 163-150 and G.S. 163-226.1. No person shall vote in the primary of more than one party in the same election.
	Any person who will become qualified by age or residence to register and vote in the general election for which the primary is held, even though not so qualified by the date of the primary election, shall be entitled to register while the registration books are open during the regular registration period prior to the primary and then to vote in the primary after being registered, provided however, under full-time and permanent registration, such an individual may register not earlier than 60 days nor later than the last day for making application to register under G.S. 163-67 prior to the primary.  In addition, persons who will become qualified by age to register and vote in the general election for which the primary is held, who do not register during the special period may register to vote after such period as if they were qualified on the basis of age, but until they are qualified by age to vote, they may vote only in primary elections."
PART THREE – ABSENTEE VOTING.
Sec. 3.1.  G.S. 163-226.1 reads as rewritten:
"§ 163-226.1.  Absentee voting in primary.
A qualified voter may vote by absentee ballot in a statewide or countywide primary provided the voter states:
(1)	In the written request for an absentee-ballot application he makes pursuant to G.S. 163-230.1;
(2)	In person when he requests an application to vote by one-stop absentee ballot pursuant to G.S. 163-227.2; or
(3)	In person when he requests an absentee-ballot application pursuant to G.S. 163-227
the party in whose primary he wishes to vote. No person shall vote in the primaries of more than one party in the same election."
Sec. 3.2.  G.S. 163-227(c)(5) reads as rewritten:
"(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 State Board of Elections. 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 designated by the voter in accordance with G.S. 163-226.1."
Sec. 3.3.  G.S. 163-227.1 reads as rewritten:
"§ 163-227.1. Second primary; applications for absentee ballots for voting in second primary.
A voter applying for an absentee ballot for a primary election who will be absent from the county of his residence on the day of the primary and second primary shall be permitted by the county board of elections to indicate such fact on his application and such voter shall automatically be issued an absentee ballot for the second primary if one is called. The county board of elections shall consider such indication a separate application for the second primary and, at the proper time, shall enter such voter's name in the absentee register along with the listing of other applicants for absentee ballots for the second primary.
In addition, a voter entitled to absentee ballots under the provisions of this Article who did not make application for the primary or who failed to apply for a second primary ballot at the time of application for a first primary ballot may apply for absentee ballots for a second primary not earlier than the day a second primary is called and not later than 5:00 P.M. on the Tuesday prior to the date on which the second primary is held.
No person who voted in the first primary of one party shall vote, by absentee ballot or otherwise, in the second primary of another party in the same election cycle.
All procedures with respect to absentee ballots in a second primary shall be the same as with respect to absentee ballots in a first primary except as otherwise provided by this section."
Sec. 3.4.  G.S. 163-230(1) reads as rewritten:
"(1)	Record of Applications Received and Ballots Issued. – Upon receipt of a voter's written application for absentee ballots, the chairman of the county board of elections shall promptly enter in the register of absentee ballot application and ballots issued so much of the following information as he has not already entered there under the provisions of G.S. 163-227(4) [163-227(b)(4)]:
a.	Name of voter applying for absentee ballots, and, if applicable, the name and address of the voter's near relative who applied for the application for absentee ballots.
b.	Number of assigned voter's application when issued.
c.	Precinct in which applicant is registered.
d.	Address to which ballots are to be mailed, or that the voter voted pursuant to G.S. 163-227.2.
e.	Reason assigned for requesting absentee ballots.
f.	Date application for ballots is received by chairman.
	."
Sec. 3.5.  G.S. 163-134(3) reads as rewritten:
"(3)	The counting of absentee ballots shall not commence until a majority and at least one board member appointed from the nominees of each political party is present and such fact is publicly declared and entered in the official minutes of the county board."
Sec. 3.6.  G.S. 163-247(2) reads as rewritten:
"(2)	Application to Chairman of County Board of Elections. – In lieu of applying on the federal post card as provided in the preceding subdivision, at any time prior to the statewide primary or general election in which he seeks to vote the applicant may make and sign a written application to the chairman of the board of elections of the county of his residence upon a form prepared and furnished him upon request by the county board of elections. This form shall require the applicant's signature and shall elicit from him:
a.	A request for absentee ballots to be voted in a specified statewide primary or general election.
b.	If he seeks to vote by absentee ballot in a primary election, a statement of the party in whose primary he wishes to vote. No person shall vote in the primaries of more than one party in the same election.
c.	A statement of his membership in the armed forces of the United States, or his membership in one of the other categories to which this Article is made applicable in G.S. 163-245.
d.	A statement of the precinct in which he is registered to vote, or, if the applicant is not registered, a statement of his address before entering military or other qualifying service and the period of time he resided at that address.
e.	A statement of the address to which the absentee ballots should be mailed.
		In lieu of using a form prepared and furnished by the county board of elections, the voter may apply in an informal writing. If the written application is signed by the voter and if it contains all the information required by this subdivision, it shall be regarded as sufficient to permit the chairman of the county board of elections to act upon it."
Sec. 3.7.  G.S. 163-248(c) reads as rewritten:
"(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 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.'"
Sec. 3.8.  G.S. 163-249(1) reads as rewritten:
"(1)	Record of Applications Received and Ballots Issued. – Upon receipt of a voter's written application for absentee ballots in either of the forms permitted by G.S. 163-247, the chairman of the county board of elections shall promptly enter in the register of military absentee ballot applications and ballots issued:
a.	Name of voter applying for absentee ballots.
b.	The political party in whose primary the voter chose to vote.
c.	Number assigned voter's application. (Numbers assigned applications received under the provisions of this Article shall be chosen so as not to be identical with numbers assigned applications received under the provisions of Article 20.)
d.	Precinct in which applicant is registered if he is already registered, or precinct in which applicant is registered by the chairman of the county board of elections under the provisions of subdivisions (2) and (3) of this section.
e.	Address to which ballots are to be mailed.
f.	Statement of basis on which applicant asserts his qualifications for obtaining absentee ballots under the provisions of this Article.
g.	Date application for ballots is received by chairman."
PART FOUR – PRESIDENTIAL PRIMARY.
Sec. 4.1.  G.S. 163-213.2 reads as rewritten:
"§ 163-213.2. Primary to be held; date; qualifications and registration of voters.
On the Tuesday after the first Monday in May, 1992, and every four years thereafter, the voters of this State shall be given an opportunity to express their preference for the person to be the presidential candidate of a political party.
Any person otherwise qualified who will become qualified by age to vote in the general election held in the same year of the presidential preference primary shall be entitled to register and vote in the presidential preference primary.  Such persons may register not earlier than 60 days nor later than the last day for making application to register under G.S. 163-67 prior to the said primary.  In addition, persons who will become qualified by age to register and vote in the general election for which the primary is held, who do not register during the special period may register to vote after such period as if they were qualified on the basis of age, but until they are qualified by age to vote, they may vote only in primary elections."
Sec. 4.2.  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 State Board of Elections petitions signed by 10,000 persons who, at the time they signed are registered and qualified voters in this State. 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 State Board of Elections no later than 5:00 P.M. on the date the State Board of Elections 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 State Board of Elections 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 State Board of Elections."
Sec. 4.3.  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 State Board of Elections shall provide a category on the ballot or voting machine allowing voters in each political party to vote an 'uncommitted' or 'no preference' status. "
PART FIVE – CANDIDACY FOR ELECTIVE OFFICE.
Sec. 5.1.  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 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 State Board of Elections 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.
		(c) Time for Filing Notice of Candidacy. – Candidates seeking party primary nominations for the following offices shall file their notice of candidacy with the State Board of Elections no earlier than 12:00 noon on the 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 State Board of Elections 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 State Board of Elections 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 State Board of Elections 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. 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 State Board of Elections 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 State Board of Elections 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."
PART SIX – APPOINTING ELECTIONS OFFICIALS.
Sec. 6.1.  G.S. 163-19 reads as rewritten:
"§ 163-19.  State Board of Elections; appointment; term of office; vacancies; oath of office.
All of the terms of office of the present members of the State Board of Elections shall expire on May 1, 1969, or when their successors in office are appointed and qualified.
The State Board of Elections shall consist of five registered voters whose terms of office shall begin on May 1, 1969, and shall continue for four years, and until their successors are appointed and qualified. The Governor shall appoint the members of this Board and likewise shall appoint their successors every four years at the expiration of each four-year term. The Governor shall appoint the members from a list of nominees submitted to him by the State party chairman of each of the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics published by the State Board of Elections. Each party chairman shall submit a list of five nominees who are affiliated with that political party. Not more than three members of the Board shall be appointed from the same party chairman's list of nominees.
Any vacancy occurring in the Board shall be filled by the Governor, and the person so appointed shall fill the unexpired term. The Governor shall fill the vacancy from a list of three nominees submitted to him by the State party chairman of the political party that nominated the vacating member as provided by the preceding paragraph. 
At the first meeting held after new appointments are made, the members of the State Board of Elections shall take the following oath:
'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, and that I will well and truly execute the duties of the office of member of the State Board of Elections according to the best of my knowledge and ability, according to law, so help me, God.'
After taking the prescribed oath, the Board shall organize by electing one of its members chairman and another secretary.
No person shall be eligible to serve as a member of the State Board of Elections who holds any elective or appointive 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 political party, or organization, or who is a candidate for nomination or election to any office, or who is a campaign manager or treasurer of any candidate in a primary or election shall be eligible to serve as a member of the State Board of Elections."
Sec. 6.2.  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 State Board of Elections 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. 
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 State Board of Elections three registered voters in each county for appointment to the board of elections for that county. If such recommendations are received by the Board 15 or more days before the last Tuesday in June 1985, and each two years thereafter, it shall be the duty of the State Board of Elections to appoint the county boards from the names thus recommended.  No more than two Board members shall be from the same political party chairman's list of recommendations.
Whenever a vacancy occurs in the membership of a county board of elections for any cause the State chairman of the political party from whose list the vacating member was appointed shall have the right to recommend two registered voters of the affected county for such office, and it shall be the duty of the State Board of Elections 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. 6.3.  G.S. 163-41 reads as rewritten:
"§ 163-41. Precinct registrars and judges of election; special registration commissioners; appointment; terms of office; qualifications; vacancies; oaths of office.
(a)	Appointment of Registrar and Judges. – At the meeting required by G.S. 163-31 to be held on the Tuesday following the third Monday in August of the year in which they are appointed, the county board of elections shall appoint one person to act as registrar and two other persons to act as judges of election for each precinct in the county. Their terms of office shall continue for two years from the specified date of appointment and until their successors are appointed and qualified. It shall be their duty to conduct the primaries and elections within their respective precincts. Persons appointed to these offices must be registered voters and residents of the precinct for which appointed, of good repute, and able to read and write. 
The term 'precinct official' shall mean registrars and judges appointed pursuant to this section, and all assistants appointed pursuant to G.S. 163-42, unless the context of a statute clearly indicates a more restrictive meaning.
No person shall be eligible to serve as a precinct official, as that term is defined above, 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 shall be eligible to serve as a precinct official who is a candidate for nomination or election.
No person shall be eligible to serve as a precinct official who holds any office in a state, congressional district, county, or precinct political party or political organization, or who is a manager or treasurer for any candidate or political party, provided however that the position of delegate to a political party convention shall not be considered an office for the purpose of this subsection.
The chairman of each political party in the county where possible shall recommend two registered voters in each precinct who are otherwise qualified, are residents of the precinct, have good moral character, and are able to read and write, for appointment as registrar in the precinct, and he shall also recommend where possible the same number of similarly qualified voters for appointment as judges of election in that precinct. If such recommendations are received by the county board of elections no later than the fifth day preceding the date on which appointments are to be made, it must make precinct appointments from the names of those recommended. Provided that if only one name is submitted by the fifth day preceding the date on which appointments are to be made, by a party for judge of election by the chairman of one of the two political parties in the county having the greatest numbers of registered voters in the State, the county board of elections must appoint that person. No more than one judge in each precinct shall have been recommended by the same political party chairman.
If, at any time other than on the day of a primary or election, a registrar or judge of election shall be removed from office, or shall die or resign, or if for any other cause there be a vacancy in a precinct election office, the chairman of the county board of elections shall appoint another in his place, promptly notifying him of his appointment.  If at all possible, the chairman of the county board of elections shall consult with the county chairman of the political party that nominated the vacating official, and if the chairman of the county political party nominates a qualified voter of that precinct to fill the vacancy, the chairman of the county board of elections shall appoint that person. If the chairman of the county board of elections did not appoint a person upon recommendation of the chairman of the party to fill such a vacancy, then the term of office of the person appointed to fill the vacancy shall expire upon the conclusion of the next canvass held by the county board of elections under this Chapter, and any successor must be a person nominated by the chairman of the party that nominated the vacating officer.
If any person appointed registrar shall fail to be present at the voting place at the hour of opening the polls on primary or election day, or if a vacancy in that office shall occur on primary or election day for any reason whatever, the precinct judges of election shall appoint another to act as registrar until such time as the chairman of the county board of elections shall appoint to fill the vacancy.  If such appointment by the chairman of the county board of elections is not a person nominated by the county chairman of the political party that nominated the vacating officer, then the term of office of the person appointed to fill the vacancy shall expire upon the conclusion of the next canvass held by the county board of elections under this Chapter. If a judge of election shall fail to be present at the voting place at the hour of opening the polls on primary or election day, or if a vacancy in that office shall occur on primary or election day for any reason whatever, the registrar shall appoint another to act as judge until such time as the chairman of the county board of elections shall appoint to fill the vacancy. Persons appointed to fill vacancies shall be sworn before acting. If the registrar or judge being temporarily replaced was appointed from a list of names which the board of elections was required to appoint one of, then whenever possible, those filling the temporary vacancies pursuant to this paragraph shall do so from the same list of nominees made by the political party chairman who nominated the official being replaced.
	As soon as practicable, following their training as prescribed in G.S. 163-80(d), each registrar and judge of elections shall take and subscribe the following oath of office to be administered by an officer authorized to administer oaths and file it with the county board of elections:
'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; that I will administer the duties of my office as registrar of (judge of elections in) ..... precinct, ..... County, without fear or favor; that I will not in any manner request or seek to persuade or induce any voter to vote for or against any particular candidate or proposition; and that I will not keep or make any memorandum of anything occurring within a voting booth, unless I am called upon to testify in a judicial proceeding for a violation of the election laws of this State; so help me, God.'
Notwithstanding the previous paragraph, a person appointed registrar by the judges of election under this section, or appointed judge of election by the registrar under this section may take the oath of office immediately upon appointment.
Before the opening of the polls on the morning of the primary or election, the registrar shall administer the oath set out in the preceding paragraph to each assistant, and any judge of elections not previously sworn, substituting for the words 'registrar of' the words 'assistant in' or 'judge of elections in' whichever is appropriate.
(b)	Appointment of Special Registration Commissioners. – In each county the county board of elections shall appoint as special registration commissioners the persons required by the next paragraph of this subsection, and may appoint additional persons as special registration commissioners. Special registration commissioners shall serve a term to expire on the date on which registrars and judges are appointed pursuant to subsection (a) of this subsection, and may be removed with cause. A special registration commissioner for a county must be a registered voter of that county.
In each county, the county chairman of each of the two political parties having the greatest voter registration in the State may each, from time to time until the maximum number of special registration commissioners allowed by this sentence are appointed, recommend voters who are eligible and who are residents of the county for appointment as special registration commissioners in a number not to exceed:
(1)	One per 2,500 (or major fraction) residents of the county according to the most recent decennial federal census; or
(2)	Five, whichever is greater, but in no case greater than 100. If such recommendations are received by the county board of elections at least seven days prior to the next meeting of the county board of elections, the county board of elections shall at that meeting appoint as special registration commissioners the qualified persons on each list. The county board of elections shall meet within 45 days of receiving such nominations.
No person shall be eligible to serve as a special registration commissioner, 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 shall be eligible to serve as a special registration commissioner, who serves as chairman of any state, congressional district, county, or precinct political party or political organization.
No person shall be eligible to serve as a special registration commissioner who is a candidate for nomination or election.
No special registration commissioner who is the wife, husband, mother, father, son, daughter, brother or sister of any candidate for nomination or election may serve as special registration commissioner during the period beginning when the person files a notice of candidacy or otherwise obtains ballot access and ending on the date of the primary if the candidate is on the primary ballot or ending on the day of the general election if the candidate is on the general election ballot. The county board of elections shall temporarily disqualify the special registration commissioner for that period and shall have authority to appoint a temporary substitute to serve until the special registration commissioner is no longer disqualified.
If the commissioner being temporarily replaced was appointed from a list of names which the board of elections was required to appoint one of, then the board of elections must appoint the temporary substitute from a list of two names submitted by the chairman of that political party.
Before being eligible to take the oath of office, each special registration commissioner must receive the same training in registering voters as is required of registrars and judges under G.S. 163-80(d).
Before entering upon his duties each special registration commissioner shall take and subscribe the following oath of office to be administered by an officer authorized to administer oaths and file it with the county board of elections:
'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; that I will administer the duties of my office as special registration commissioner for .......... County without fear or favor, to the best of my knowledge and ability, according to law; so help me, God.'
(b1)	Repealed by Session Laws 1985, c. 387, s. 1.1.
	(c) Publication of Names of Precinct Officials. – Immediately after appointing registrars, judges, and special registration commissioners as herein provided, the county board of elections shall publish the names of the persons appointed in some newspaper having general circulation in the county or, in lieu thereof, at the courthouse door, and shall notify each person appointed of his appointment, either by letter or by having a notice served upon him by the sheriff. 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."
Sec. 6.4.  G.S. 163-41.1(b) reads as rewritten:
"(b)	No precinct official who is the wife, husband, mother, father,  son, daughter, brother or sister of any candidate for nomination or election may serve as precinct official during any primary or election in which such candidate participates. The county board of elections shall temporarily disqualify any such official for the specific primary or election involved and shall have authority to appoint a substitute official to serve only during the primary or election at which such conflict exists. If the precinct official being temporarily replaced was appointed from a list of names which the board of elections was required to appoint one of, then the board of elections shall appoint the temporary substitute from a list of two names submitted by the chairman of that political party."
Sec. 6.5.  G.S. 163-42 reads as rewritten:
"§ 163-42.  Assistants at polls; appointment; term of office; qualifications; oath of office.
Each county and municipal board of elections is authorized, in its discretion, to appoint two or more assistants for each precinct to aid the registrar and judges. Not more than two assistants shall be appointed in precincts having 500 or less registered voters. Assistants shall be qualified voters of the precinct for which appointed. 
The chairman of each political party in the county shall have the right to recommend from three to 10 registered voters in each precinct for appointment as precinct assistants in that precinct. If the recommendations are received by it no later than the thirtieth day prior to the primary or election, the board shall make appointments of the precinct assistants for each precinct from the names thus recommended. When practicable, the board of elections shall appoint an equal number of assistants in each precinct from the list of each political party.
Before entering upon the duties of the office, each assistant shall take the oath prescribed in G.S. 163-41(a)	to be administered by the registrar of the precinct for which the assistant is appointed. Assistants serve for the particular primary or election for which they are appointed, unless the county board of elections appoints them for a term to expire on the date appointments are to be made pursuant to G.S. 163-41."
PART SEVEN – REPLACING VACANCIES IN ELECTIVE OFFICE.
Sec. 7.1.  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 to the State Board of Elections 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 State Board of Elections 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. 7.2.  G.S. 163-11 reads as rewritten:
"§ 163-11.  Filling vacancies in the General Assembly.
(a)	If a vacancy shall occur in the General Assembly by death, resignation, or otherwise than by expiration of term, the Governor shall immediately appoint for the unexpired part of the term a qualified person. If the vacating member was the nominee of a political party in the last election, the Governor shall appoint the person recommended by the political party executive committee provided by this section. The Governor shall make the appointment within seven days of receiving the recommendation of the appropriate committee. If the Governor fails to make the appointment within the required period, he shall be presumed to have made the appointment and the legislative body to which the appointee was recommended is directed to seat the appointee as a member in good standing for the duration of the unexpired term.
(b)	If the district consists solely of one county and includes all of that county, the Governor shall appoint the person recommended by the county executive committee of the political party whose nominee the vacating member was when last elected, it being the party executive committee of the county which the vacating member was resident.
(c)	If the district consists solely of one county but includes less than all of the county, the Governor shall appoint the person recommended by the county executive committee of the political party whose nominee the vacating member was when last elected, it being the county executive committee of the county which the vacating member was resident, provided that in voting only those county executive committee members who reside in the district shall be eligible to vote.
(d)	If the district consists of more than one county, the Governor  shall appoint for the unexpired portion of the term the person recommended by the State House of Representatives district committee or the Senatorial district committee of the political party whose nominee the vacating member was when last elected. In the case where all of a county is included within a district, the county convention or county executive committee of that political party shall elect or appoint at least one member from that county to serve on the State House of Representatives district executive committee or State Senatorial district executive committee. In the case where only part of a county is included within a district, the county convention or county executive committee of that political party shall elect or appoint at least one member from that county to serve on the State House of Representatives district committee or the State Senatorial district committee, but only the delegates to the county convention or the members of the county executive committee who reside in the district may vote in electing the district committee member. When the State House of Representatives district committee or the State Senatorial district committee meets, a member shall be entitled to cast for his county (or the part of his county within the district) one vote for each 300 persons or major fraction thereof residing within that county, or in the case where less than the whole county is in the district one vote for each 300 persons or major fraction thereof residing in that part of the district within the county.
A county convention or county executive committee may elect more than one member to the district committee but in the event that more than one member is selected from that county, then each member shall cast an equal share of the votes allotted to the county."
Sec. 7.3.  G.S. 153A-27 is repealed.
Sec. 7.4. G.S. 153A-27.1 reads as rewritten:
"§ 153A-27.1.  Vacancies on board of commissioners.
(a)	If a vacancy occurs on the board of commissioners, the remaining members of the board shall appoint a qualified person to fill the vacancy.  If the number of vacancies on the board is such that a quorum of the board cannot be obtained, the chairman of the board shall appoint enough members to make up a quorum, and the board shall then proceed to fill the remaining vacancies.  If the number of vacancies on the board is such that a quorum of the board cannot be obtained and the office of chairman is vacant, the clerk of superior court of the county shall fill the vacancies upon the request of any remaining member of the board or upon the petition of any registered voters of the county.
(b)	If the member being replaced was serving a two-year term, or if the member was serving a four-year term and the vacancy occurs later than 60 days before the general election held after the first two years of the term, the appointment to fill the vacancy is for the remainder of the unexpired term.  Otherwise, the term of the person appointed to fill the vacancy extends to the first Monday in December next following the first general election held more than 60 days after the day the vacancy occurs; at that general election, a person shall be elected to the seat vacated for the remainder of the unexpired term.
(c)	To be eligible for appointment to fill a vacancy, a person must be a resident of the same district as the member being replaced, if the county is divided into electoral districts.
(d)	If the member who vacated the seat was elected as a nominee of a political party, the board of commissioners, the chairman of the board, or the clerk of superior court, as the case may be, shall consult the county executive committee of the appropriate political party before filling the vacancy, and shall appoint the person recommended by the county executive committee of that political party, if the party makes a recommendation within 30 days of the occurrence of the vacancy.
(e)	Whenever because of G.S. 153A-58(3)b. or because of any local act, only the qualified voters of an area which is less than the entire county were eligible to vote in the general election for the member whose seat is vacant, the appointing authority must accept the recommendation only if the county executive committee restricted voting to committee members who represent precincts all or part of which were within the territorial area of the district of the county commissioner.
(f)	The provisions of any local act which provides that a county executive committee of a political party shall fill any vacancy on a board of county commissioners are repealed.
		."
Sec. 7.5.  G.S. 160A-63 reads as rewritten:
"§ 160A-63. Vacancies.
A vacancy that occurs in an elective office of a city shall be filled by appointment of the city council. If the term of the office expires immediately following the next regular city election, or if the next regular city election will be held within 90 days after the vacancy occurs, the person appointed to fill the vacancy shall serve the remainder of the unexpired term. Otherwise, a successor shall be elected at the next regularly scheduled city election that is held more than 90 days after the vacancy occurs, and the person appointed to fill the vacancy shall serve only until the elected successor takes office. The elected successor shall then serve the remainder of the unexpired term. If the number of vacancies on the council is such that a quorum of the council cannot be obtained, the mayor shall appoint enough members to make up a quorum, and the council shall then proceed to fill the remaining vacancies. If the number of vacancies on the council is such that a quorum of the council cannot be obtained and the office of mayor is vacant, the Governor may fill the vacancies upon the request of any remaining member of the council, or upon the petition of any five registered voters of the city. Vacancies in appointive offices shall be filled by the same authority that makes the initial appointment. This section shall not apply to vacancies in cities that have not held a city election, levied any taxes, or engaged in any municipal functions for a period of five years or more.
In cities whose elections are conducted on a partisan basis, the appointing authority shall, before filling the vacancy, consult the county executive committee of the political party that nominated the vacating official in the last election, and shall appoint the person recommended by that party committee, provided that the party committee makes a recommendation within 30 days of the occurrence of the vacancy and provided that the party committee restricted voting to committee members who represent precincts which contain voters who are eligible to vote in an election for the seat held by the vacating official."
Sec. 7.6.  G.S. 7A-142 reads as rewritten:
"§ 7A-142. Vacancies in office.
A vacancy in the office of district judge shall be filled for the unexpired term by appointment of the Governor from nominations submitted by the bar of the judicial district as defined in G.S. 84-19. If the district court district is comprised of counties in more than one judicial district, the nominees shall be submitted jointly by the bars of those judicial districts, but only those members who reside in the district court district shall participate in the selection of the nominees. If the district court judge was elected as the nominee of a political party, then the district bar shall consult before making its choice with each county executive committee of the political party that nominated the vacating judge in the most recent election. If the county executive committees of that party, after meeting jointly and restricting voting to members representing precincts which consist at least partly of territory within the district court district, recommend to the district bar within 10 days after the vacancy occurs the names of six persons who are duly authorized to practice law in the district, the district bar shall submit to the Governor the names of three persons from that list. Within 60 days after the district bar submits nominations for a vacancy, the Governor shall appoint to fill the vacancy.  If the Governor fails to appoint a district bar nominee within 60 days, then the district bar nominee who received the highest number of votes from the district bar shall fill the vacancy.  If the district bar fails to submit nominations within 30 days from the date the vacancy occurs, the Governor may appoint to fill the vacancy without waiting for nominations."
PART EIGHT – APPOINTMENTS TO BOARDS AND COMMISSIONS.
Sec. 8.1.  G.S. 116-6 reads as rewritten:
"§ 116-6. Election and terms of members of Board of Governors.
(a)	As the terms of members of the Board of Governors provided for in G.S. 116-5 expire, their successors shall be elected by the Senate and House of Representatives.  Sixteen members shall be elected at the regular legislative session in 1993 and every two years thereafter.  The Senate and the House of Representatives shall each elect one-half of the persons necessary to fill the vacancies on the Board of Governors.  Of the 16 members elected every two years beginning in 1993, at least two shall be women, at least two other members shall be members of a minority race, and at least two other members shall be chosen by a joint caucus of the members of the political party to which the largest minority of the members of the General Assembly belongs.
(b)	In 1993 and every four years thereafter the Senate shall elect at least two women and two members of a minority race, and the House of Representatives shall elect at least two persons chosen by a joint caucus of the political party to which the largest minority of the members of the General Assembly belongs.  In 1995 and every four years thereafter the Senate shall elect at least two persons chosen by a joint caucus of the political party to which the largest minority of the members of the General Assembly belongs, and the House of Representatives shall elect at least two women and two members of a minority race.
(c)	In electing members to the Board of Governors, the Senate and the House of Representatives shall select from a slate of candidates made in each house.  The slate shall be prepared as provided by resolution of each house.  If a sufficient number of nominees who are legally qualified are submitted in a category for which members of the Board of Governors are to be elected, then the slate of candidates shall list at least twice the number of candidates for the total seats open in a category.  All qualified candidates in a category shall compete against all other qualified candidates in a category.  In 1993 and biennially thereafter, each house shall hold their elections within 30 legislative days after appointments to their education committees are complete.
(d)	All terms shall commence on July 1 of odd-numbered years and all members shall serve for four-year overlapping terms.
(e)	No person may be elected to:
(1)	More than three full four-year terms in succession;
(2)	A four-year term if preceded immediately by election to two full eight-year terms in succession; or
(3)	A four-year term if preceded immediately by election to an eight-year term and a four-year term in succession.
Resignation from a term of office does not constitute a break in service for the purpose of this subsection.  Service prior to the beginning of those terms in 1989 shall be included in the limitations.
(f)	Any person who has served at least one full term as chairman of the Board of Governors shall be a member emeritus of the Board of Governors for one four-year term beginning at the expiration of that member's regular elected term.  Any person already serving as an emeritus member may serve an additional four-year term beginning July 1, 1991. Members emeriti have all the rights and privileges of membership except they do not have a vote.
(g)	Effective July 1, 1991, and thereafter, any person who has served at least one term as a member of the Board of Governors after having served as Governor of North Carolina shall be a member emeritus of the Board of Governors, with all the rights and privileges of membership as in G.S. 116-6(f)."
Sec. 8.2.  G.S. 143-533 reads as rewritten:
"§ 143-533.  (For applicability see note) Creation, appointment of members; members ex officio.
There is hereby created a Committee on Inaugural Ceremonies to consist of three representatives to be appointed by the Speaker of the House, (or a person designated by the Speaker) three senators to be appointed by the President Pro Tempore of the Senate, three citizens to be appointed by the Governor, and three citizens to be appointed by the Governor-elect upon certification of his election.  Of the three citizens appointed to the Committee by the Governor, one must be the nominee of the State executive committee of the largest political party, as defined by G.S. 163-96, that did not nominate the Governor for any office in the most recent election in which he was a candidate. The Speaker of the House, the President of the Senate, (or a person designated by the President of the Senate), the Governor, and, upon certification of their election, all members-elect of the Council of State, shall be ex officio members of the Committee on Inaugural Ceremonies."
Sec. 8.3.  G.S. 143B-350(c) reads as rewritten:
"(c)	The Board of Transportation shall have 21 members appointed by the Governor. One member shall be appointed from each of the 14 highway engineering divisions and seven members shall be appointed from the State at large. One at-large member shall be the nominee of the State executive committee of the largest political party that did not nominate the Governor in the most recent election in which he was a candidate for any office. No more than two members provided for in this subsection shall reside in the same engineering division while serving in office. The initial members shall serve terms beginning July 1, 1977, and ending January 14, 1981, or until their successors are appointed and qualified. The succeeding terms of office shall be for a period of four years beginning January 15, 1981, and each four years thereafter. The Governor shall have the authority to remove for cause sufficient to himself, any member appointed by the Governor."
PART NINE – POLITICAL PARTIES FINANCING FUND.
Sec. 9.  G.S. 105-159.1(a) reads as rewritten:
"(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 for the use of the political party of the taxpayer's choice.  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 for the use of the political party of the couple's choice. Amounts dedicated to the Fund shall be allocated among the political parties on a pro rata basis reflecting the choices of the taxpayers' designations on their returns. 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."
Sec. 10.  The State Board of Elections shall adopt rules directing the county boards of elections to remove party designations from their voter registration records.
Sec. 11.  This act becomes effective January 1, 1994.