GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1014

Short Title:  Candidate Multiple Filing.	(Public)
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Sponsors: Representatives Grady; and J. Preston.
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Referred to:  Judiciary I.
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April 19, 1993

A BILL TO BE ENTITLED
AN ACT TO ALLOW PERSONS TO BE CANDIDATES IN MORE THAN ONE PARTY PRIMARY.
The General Assembly of North Carolina enacts:
Section 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 candidate
Witness:
............................
............................
(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.
(j)	A person who is qualified for an office may file a notice of candidacy for that office in the primary of more than one party, regardless of the party affiliation the person has stated as a registered voter. If nominated by more than one party, the person may appear on the general election ballot as the nominee of any party that has nominated him."
Sec. 2.  G.S. 163-213.5 reads as rewritten:
"§ 163-213.5. Nomination by petition.
Any person seeking 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 and are affiliated, by such registration, with the political party at whose primary the petitions are directed. The candidate whom the petitioners seek to place on their political party's primary ballot need not be affiliated with that party and may be a person who has qualified or will qualify to appear on the presidential primary ballot of another party.  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. 3.  G.S. 163-11 is repealed.
Sec. 4.  Article 2 of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163-11.1. Filling vacancy in General Assembly.
(a)	Special Election. – If a vacancy shall occur in the General Assembly by death, vacancy, or otherwise than by expiration of term, the Governor shall issue a writ of election, and by proclamation fix the date on which an election to fill the vacancy shall be held in the appropriate House or Senate district.
(b)	Nominating Procedures. – If a General Assembly 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 House or Senate district executive committees in the district in which the vacancy occurs. The chairman and secretary of each political party House or Senate district executive committee nominating a candidate shall immediately certify his name and party affiliation to the State Board of Elections so that it may be printed on the special election ballots.
If the General Assembly 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 appropriate 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."
Sec. 5.  G.S. 153A-27 is repealed.
Sec. 6.  G.S. 153A-27.1 is repealed.
Sec. 7.  Article 4 of Chapter 153A of the General Statutes is amended by adding a new section to read:
"§ 153A-27.2. Vacancy on the board of commissioners.
(a)	Special Election. – If a vacancy shall occur in the board of commissioners by death, vacancy, or otherwise than by expiration of term, the county board of elections shall call a special election to fill the vacancy to be held in the county or the appropriate county-commissioner district.
(b)	Nominating Procedures. – If a vacancy on the board of commissioners 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 county committees in the county in which the vacancy occurs. 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 political party county executive committee must restrict voting to committee members who represent precincts all or part of which were within the territorial area of the district of the county commissioner. The chairman and secretary of each political party county executive committee nominating a candidate shall immediately certify his name and party affiliation to the county board of elections so that it may be printed on the special election ballots.
If the vacancy on the board of commissioners occurs before the tenth day before the filing period ends under G.S. 163-106(c)	prior to the next succeeding general election, the county board of elections shall call a special primary for the purpose of nominating candidates to be voted on in a special election called by the county board of elections 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 county board of elections shall be fixed by the county board of elections in its call for the special primary. The county board of elections may also fix the absentee voting period for the special election and for the special first primary."
Sec. 8.  G.S. 161-5 is repealed.
Sec. 9.  Article 1 of Chapter 161 of the General Statutes is amended by adding a new section to read:
"§ 161-5.1. Filling vacancy in office of register of deeds.
(a)	Special Election. – If a vacancy shall occur in the office of register of deeds by death, vacancy, or otherwise than by expiration of term, the county board of elections shall call a special election to fill the vacancy.
(b)	Nominating Procedures. – If a register of deeds 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 county executive committees in the county in which the vacancy occurs. The chairman and secretary of each political party county executive committee nominating a candidate shall immediately certify his name and party affiliation to the county board of elections so that it may be printed on the special election ballots.
If the register of deeds 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 county board of elections shall call a special primary for the purpose of nominating candidates to be voted on in a special election called by the county board of elections 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 county board of elections shall be fixed by the county board of elections in its call for the special primary. The county board of elections may also fix the absentee voting period for the special election and for the special first primary."
Sec. 10.  G.S. 162-5 is repealed.
Sec. 11.  G.S. 162-5.1 is repealed.
Sec. 12.  Article 1 of Chapter 162 of the General Statutes is amended by adding a new section to read:
"§ 162-5.2. Filling vacancy in office of sheriff.
(a)	Duties Performed by Coroner or Chief Deputy. – If any vacancy occurs in the office of sheriff, the coroner of the county shall execute all process directed to the sheriff and perform all the duties of the sheriff until a special election is held in accordance with this section. In those counties where the office of coroner has been abolished, the chief deputy sheriff, or if there is no chief deputy, then the senior deputy in years of service, shall perform all the duties of the sheriff until a special election is held in accordance with this section.
(b)	Special Election. – If a sheriff vacancy shall occur by death, vacancy, or otherwise than by expiration of term, the county board of elections shall call a special election to fill the vacancy.
(c)	Nominating Procedures. – If a sheriff 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 county executive committees in the county in which the vacancy occurs. The chairman and secretary of each political party county executive committee nominating a candidate shall immediately certify his name and party affiliation to the county board of elections so that it may be printed on the special election ballots.
If the sheriff 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 county board of elections shall call a special primary for the purpose of nominating candidates to be voted on in a special election called by the county board of elections in accordance with the provisions of subsection (b) 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 county board of elections shall be fixed by the county board of elections or in its call for the special primary. The county board of elections may also fix the absentee voting period for the special election and for the special first primary."
Sec. 13. G.S. 152-1 reads as rewritten:
"§ 152-1. Election; vacancies in office; appointment by clerk in special cases.
(a)	In each county a coroner shall be elected by the qualified voters thereof in the same manner and at the same time as the election of members of the General Assembly, and shall hold office for a term of four years, or until his successor is elected and qualified.
	When the coroner shall be out of the county, or shall for any reason be unable to hold the necessary inquest as provided by law, or there is a vacancy existing in the office of coroner which has not been filled and it is made to appear to the clerk of the superior court by satisfactory evidence that a deceased person whose body has been found within the county probably came to his death by the criminal act or default of some person, it is the duty of the clerk to appoint some suitable person to act as coroner in such special case.
(b)	Special Election. – If a coroner vacancy shall occur by death, vacancy, or otherwise than by expiration of term, the county board of elections shall call a special election to fill the vacancy.
(c)	Nominating Procedures. – If a coroner 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 county executive committees in the county in which the vacancy occurs. The chairman and secretary of each political party county executive committee nominating a candidate shall immediately certify his name and party affiliation to the county board of elections so that it may be printed on the special election ballots.
If the coroner 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 county board of elections shall call a special primary for the purpose of nominating candidates to be voted on in a special election called by the county board of elections in accordance with the provisions of subsection (b) 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 county board of elections shall be fixed by the county board of elections or in its call for the special primary. The county board of elections may also fix the absentee voting period for the special election and for the special first primary."
Sec. 14. G.S. 160A-63 is repealed.
Sec. 15. Article 5 of Chapter 160A of the General Statutes is amended by adding a new section to read:
"§ 160A-63.1. Filling vacancy in city elective office.
(a)	Special Election. – If a vacancy occurs in an elective office of a city by death, vacancy, or otherwise than by expiration of term, the municipal board of elections, or if there is no municipal board of elections, the county board of elections shall call a special election to fill the vacancy in the city or the appropriate district of the city.
(b)	Nominating Procedures. – If a city office is filled by partisan election and a vacancy occurs in that office 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 county executive committees in the county in which the vacancy occurs, provided that only the members of the executive committee who represent precincts all or part of which were within the territorial area where residents were eligible to vote for the office in the general election. The chairman and secretary of each political party county executive committee nominating a candidate shall immediately certify his name and party affiliation to the appropriate board of elections so that it may be printed on the special election ballots.
If the 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 appropriate board of elections shall call a special primary for the purpose of nominating candidates to be voted on in a special election called by that board of elections 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 appropriate board of elections shall be fixed by the appropriate board of elections in its call for the special primary. That board of elections may also fix the absentee voting period for the special election and for the special first primary."
Sec. 16.  G.S. 7A-142 is repealed.
Sec. 17.  Article 14 of Chapter 7A of the General Statutes is amended by adding a new section to read:
"§ 7A-142. Vacancies in office of district court judge.
(a)	Special Election. – If a vacancy occurs in the office of district court judge by death, vacancy, or otherwise than by expiration of term, the Governor shall issue a writ of election, and by proclamation fix the date on which an election to fill the vacancy shall be held in the appropriate district court district.
(b)	Nominating Procedures. – If a vacancy in the office of district court judge 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 county executive committees of each political party in the district court district in which the vacancy occurs. If the district comprises more than one county, the county executive committees of each political party making a nomination shall meet jointly and choose one nominee for each vacancy. The chairman and secretary of each political party county executive committee nominating a candidate shall immediately certify his name and party affiliation to the State Board of Elections so that it may be printed on the special election ballots.
If the district court judge 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 appropriate 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."
Sec. 18.  This act becomes effective January 1, 1994.