GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 22

Short Title:  Abolish Runoff Primary.	(Public)

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Sponsors: Representatives Michaux; Adams, Boyd-McIntyre, and Earle.

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Referred to:  Judiciary II.

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January 26, 1995

A BILL TO BE ENTITLED
AN ACT TO ABOLISH THE RUNOFF PRIMARY. 
The General Assembly of North Carolina enacts:
PART 1. GENERAL LAW AMENDMENTS
Section 1.  G.S. 163-111 reads as rewritten:
"§ 163-111.  Determination of primary results.
																(g)	Nominations in primary elections shall be determined as follows:
(1)	When more than one person is seeking election to a single office, the candidate who receives the highest number of votes shall be declared the nominee.
(2)	When more persons are seeking nomination to two or more offices (constituting a group) than there are offices to be filled, those candidates receiving the highest number of votes, equal in number to the number of offices to be filled, shall be declared the nominees.
	(h)  When more than one person is seeking election to a single office, and two or more candidates receiving the highest number of votes each receive the same number of votes, the proper party executive committee shall, from among those candidates receiving the same number of votes, select the party nominee in accordance with G.S. 163-114.
(i)	When more persons are seeking nomination to two or more offices (constituting a group) than there are offices to be filled, and two or more candidates receiving the lowest number of votes necessary for nomination each receive the same number of votes, the proper party executive committee shall, from among those candidates receiving the same number of votes, select the party nominee in accordance with G.S. 163-114."
Sec. 2.  G.S. 163-227.1 is repealed.
Sec. 3.  G.S. 163-227.3 reads as rewritten:
"§ 163-227.3.  Date by which absentee ballots must be available for voting.
(a)	The State Board of Elections shall provide absentee ballots of the kinds to be furnished by the State Board, to the county boards of elections 60 days prior to the date on which the election shall be conducted unless there shall exist an appeal before the State Board or the courts not concluded, in which case the State Board shall provide the ballots as quickly as possible upon the conclusion of such an appeal. In every instance the State Board shall exert every effort to provide absentee ballots, of the kinds to be furnished by the State Board, to each county by the date on which absentee voting is authorized to commence.
	."
Sec. 4.  G.S. 163-278.6(8) reads as rewritten:
"(8)	The term 'election' means any general or special election, a primary, a runoff election, or an election to fill a vacancy. The term 'election' shall not include any local or statewide referendum."
Sec. 5.  G.S. 163-278.9(a)(3) reads as rewritten:
"(3)	Postprimary Report(s). – The treasurer shall file a report with the Board no later than the 30th day after the primary election if the candidate was eliminated in the primary. "
Sec. 6.  G.S. 163-278.13(d) reads as rewritten:
"(d)	For the purposes of this section, the term 'an election' means any primaryor general election in which the candidate or political committee may be involved, without regard to whether the candidate is opposed or unopposed in the election."
Sec. 7.  G.S. 163-278.40B(2) reads as rewritten:
"(2)	Pre-election Report. – The treasurer shall file a report 10 days prior to the election."
Sec. 8.  G.S. 163-279(a)(2) reads as rewritten:
"(a)	Primaries and elections for offices filled by election of the people in cities, towns, incorporated villages, and special districts shall be held in 1997 and every two or four years thereafter as provided by municipal charter on the following days:
(1)	If the election is nonpartisan and decided by simple plurality, the election shall be held on Tuesday after the first Monday in November.
(2)	If the election is partisan, the election shall be held on Tuesday after the first Monday in November, the primary shall be held on the fourth Tuesday before the elections.
(3)	If the election is nonpartisan and the nonpartisan primary method of election is used, the election shall be held on Tuesday after the first Monday in November and the nonpartisan primary shall be held on the fourth Tuesday before the election.
(4)	If the election is nonpartisan and the election and runoff election method of election is used, the election shall be held on the fourth Tuesday before the Tuesday after the first Monday in November, and the runoff election, if required, shall be held on Tuesday after the first Monday in November."
Sec. 9.  G.S. 163-291 reads as rewritten:
"§ 163-291.  Partisan primaries and elections.
The nomination of candidates for office in cities, towns, villages, and special districts whose elections are conducted on a partisan basis shall be governed by the provisions of this Chapter applicable to the nomination of county officers, and the terms 'county board of elections,' 'chairman of the county board of elections,' 'county officers,' and similar terms shall be construed with respect to municipal elections to mean the appropriate municipal officers and candidates, except that:
(1)	The dates of primary and election shall be as provided in G.S. 163-279.
(2)	A candidate seeking party nomination for municipal or district office shall file his notice of candidacy with the board of elections no earlier than 12:00 noon on the first Friday in July and no later than 12:00 noon on the first Friday in August preceding the 
		election.
	No person may file a notice of candidacy for more than one municipal office at the same election. If a person has filed a notice of candidacy for one office with the county board of elections under this section, then a notice of candidacy may not later be filed for any other municipal office for that election unless the notice of candidacy for the first office is withdrawn first.
(3)	The filing fee for municipal and district primaries shall be fixed by the governing board not later than the day before candidates are permitted to begin filing notices of candidacy. There shall be a minimum filing fee of five dollars ($5.00). The governing board shall have the authority to set the filing fee at not less than five dollars ($5.00) nor more than one percent (1%) of the annual salary of the office sought unless one percent (1%) of the annual salary of the office sought is less than five dollars ($5.00), in which case the minimum filing fee of five dollars ($5.00) will be charged. The fee shall be paid to the board of elections at the time notice of candidacy is filed.
(4)	The municipal ballot may not be combined with any other ballot.
(5)	The canvass of the primary and second primary shall be held on the Thursday following the primary.
	."
Sec. 10.  G.S. 163-179.1(a) reads as rewritten:
"(a)	Whenever, according to the canvass made under this Article, the difference between the number of votes received by a candidate who
	has received the number of votes necessary to be declared nominated for an office in a primary election with a majority
	and the number of votes received by any candidate in the race is not more than one percent (1%) of the total votes which were cast for that office, except in multi-seat races one percent (1%) of the total votes cast for those two candidates, the county board of elections shall, before declaring the person nominated, order a recount of the primary if a candidate whose votes fell within one percent (1%) of a successful candidate shall, by noon on the second day (Saturdays and Sundays excepted) following the canvass, request in writing such a recount."
Sec. 11. G.S. 163-192.1(a) reads as rewritten:
"(a)	Whenever, according to the canvass made under this Article, the difference between the number of votes received by a candidate who
	has received the number of votes necessary to be declared nominated for an office in a primary election with a majority
	and the number of votes received by any candidate in the race is not more than one percent (1%) of the total votes which were cast for that office, except in multi-seat races one percent (1%) of the total votes cast for those two candidates, the State Board of Elections shall, before declaring the person nominated, order a recount of the primary if a candidate whose votes, according to a tally of the canvasses made under Article 15 of this Chapter, fell within one percent (1%) of a successful candidate shall, by noon on the eighth day (Saturdays and Sundays included) following the election, request in writing such a recount. Provided, however, that in a statewide contest, no candidate shall be entitled to an automatic recount under this section unless the difference is at least one-half of one percent (0.5%) of the votes cast, or 10,000 votes, whichever is less. Provided further that if the canvass made under this Article determines that a candidate who was not originally thought to be within the percentage entitling him to a recount based on the tally of canvasses made under Article 15 of this Chapter is in fact within the percentage entitling him to a recount, the Executive Secretary-Director of the State Board of Elections shall immediately notify the candidate and the candidate shall be entitled to a recount if he so requests within 48 hours of notification."
Sec. 12.  G.S. 163-82.6(d)	reads as rewritten:
"(d)	Instances When Person May Register and Vote on Election Day. – If a person has become qualified to register and vote between the twenty-fifth day before an election and election day, then that person may apply to register on election day by submitting an application form described in G.S. 163-82.3(a) or (b) to:
(1)	A member of the county board of elections;
(2)	The county supervisor of elections; or
(3)	The chief judge or a judge of the precinct in which the person is eligible to vote,
and, if the application is approved, that person may vote the same day. The official in subdivisions (1) through (3) of this subsection to whom the application is submitted shall decide whether the applicant is eligible to vote. The applicant shall present to the official written or documentary evidence that the applicant is the person he represents himself to be. The official, if in doubt as to the right of the applicant to register, may require other evidence satisfactory to that official as to the applicant's qualifications. If the official determines that the person is eligible, the person shall be permitted to vote in the election and the county board shall add the person's name to the list of registered voters. If the official denies the application, the person shall be permitted to vote a challenged ballot under the provisions of G.S. 163-88.1, and may appeal the denial to the full county board of elections. The State Board of Elections shall promulgate rules for the county boards of elections to follow in hearing appeals for denial of election-day applications to register. For purposes of this subsection, persons who 'become qualified to register and vote' during a time period:
(1)	Include those who during that time period are naturalized as citizens of the United States or who are restored to citizenship after a conviction of a felony; but
(2)	Do not include persons who reach the age of 18 during that time period, if those persons were eligible to register while 17 years old during an earlier period."
Sec. 13.  G.S. 163-82.17(a)	reads as rewritten:
"(a)	Registrant's Duty to Report. – Any registrant who desires to have the record of his party affiliation or unaffiliated status changed on the registration list shall, no later than the last day for making application to register under G.S. 163-82.6 before the election, indicate the change on an application form as described in G.S. 163-82.3 or on a voter registration card described in G.S. 163-82.8. No registrant shall be permitted to change party affiliation or unaffiliated status for a primary, special, or general election after the deadline for registration applications for that election as set out in G.S. 163-82.6."
PART 2. EDGECOMBE COUNTY BOARD OF EDUCATION.
Sec. 14.  Section 3 of Chapter 809 of the 1991 Session Laws reads as rewritten:
"Sec. 3.  Elections shall be determined by a plurality as provided in G.S. 163-292.  Any runoff, if needed, shall be held at the same time as the second primary for county offices."
PART 3. ORANGE COUNTY BOARD OF EDUCATION
Sec. 15. (a) Section 1 of Chapter 603, Session Laws of 1977, reads as rewritten:
"Section 1. The Orange County Board of Education shall be elected on a nonpartisan basis at the time of the primary election in 1978 and biennially thereafter. The names of the candidates shall be printed on the ballots without reference to any party affiliation. The plurality election method shall be used with the results determined as provided in G.S. 163-292 and absentee ballots shall be permitted. Except as may be otherwise provided herein, the elections shall be conducted according to the provisions of Chapter 163 of the General Statutes governing elections for county officers."
	(b)	Section 6 of Chapter 603, Session Laws of 1977, as enacted by Section 2 of Chapter 1214, Session Laws of 1981, reads as rewritten:
"Sec. 6.  	Those persons elected members of Orange County Board of Education shall qualify and take office on the first Monday of the month following their election."
PART 4. BUNCOMBE COUNTY BOARD OF EDUCATION
Sec. 16. (a)	Section 1.1(a) of Chapter 532, Session Laws of 1975, as added by Section 2 of Chapter 178, Session Laws of 1981, reads as rewritten:
"(a)	Beginning with the 1996 primary election and biennially thereafter, each candidate elected in the primary election as herein provided for shall be elected for a term of four years. The election shall be held on the date of the primary election as determined by G.S. 163-1(b). The election shall be conducted under the nonpartisan plurality election method, and determined in accordance with G.S. 163-292."
(b) Section 1.1(b) through (g) of Chapter 532, Session Laws of 1975, as added by Section 2 of Chapter 178, Session Laws of 1981, are repealed.
PART 5. YANCEY COUNTY BOARD OF EDUCATION
Sec. 17.  Section 1 of Chapter 203, Session Laws of 1973, as rewritten by Section 1 of Chapter 135, Session Laws of 1985, reads as rewritten:
"Section 1.  The Yancey County Board of Education shall consist of five members who shall be elected by the voters of Yancey County, for staggered terms of four years, in a nonpartisan election as herein provided.
  Beginning with the primary election for county offices to be held in 1974, there shall be a nonpartisan election to elect successors to the present members of the school board whose terms expire in 1974, and every two years thereafter, as the terms of the members expire.
	The nonpartisan plurality election method shall be used with the results determined as provided in G.S. 163-292."
PART 6. MCDOWELL COUNTY BOARD OF EDUCATION
Sec. 18.  Section 1 of Chapter 322, Session Laws of 1987, reads as rewritten:
"Section 1.  Notwithstanding the provisions of G.S. 115C-37, the McDowell County Board of Education shall be elected on a nonpartisan basis at the time of the primary election in 1988 and biennially thereafter.  The names of the candidates shall be printed on the ballot without reference to any party affiliations.  The nonpartisan plurality election method shall be used with the results determined as provided in G.S. 163-292."
PART 7. OMNIBUS LOCAL ACT AMENDMENTS
Sec. 19.  Any local act which provides for nonpartisan election of a county board of education on the date of the partisan primary under G.S. 163-1, with a nonpartisan runoff election on the date of the second primary, is amended to provide that the election is determined by the nonpartisan plurality method as provided by G.S. 163-292.
Sec. 20.  Any local acts in conflict with this act are repealed to the extent of the conflict.
Sec. 21.  This act becomes effective with respect to  elections held on or after January 1, 1996.