GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	4 

HOUSE BILL 352
Committee Substitute Favorable 5/23/95
Committee Substitute #2 Favorable 6/22/95
Fourth Edition Engrossed 7/6/95

Short Title:  Primary Date Earlier.	(Public)

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Sponsors:

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Referred to:  

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March 6, 1995

A BILL TO BE ENTITLED
AN ACT TO PROVIDE AN EARLIER DATE FOR THE PRESIDENTIAL AND OTHER PRIMARIES AND TO REIMBURSE THE COUNTIES FOR POSTAGE IN THE DELIVERY OF CERTIFICATIONS OF CANDIDACY AND RESULTS OF PRIMARIES AND ELECTIONS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 163-213.2 reads as rewritten:
"§ 163-213.2.  Primary to be held; date; qualifications and registration of voters.
On the first Tuesday in March 1996, 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 their 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 21st day 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. 2.  G.S. 163-1(b) reads as rewritten:
"(b)	On the first Tuesday in March preceding each general election to be held in November for the officers referred to in subsection (a) of this section, there shall be held in all election precincts within the territory for which the officers are to be elected a primary election for the purpose of nominating candidates for each political party in the State for those offices."
Sec. 3.  G.S. 163-22(k) reads as rewritten:
"(k)	Notwithstanding the provisions contained in Article 20 or Article 21 of Chapter 163, the State Board of Elections shall be authorized, by resolution adopted prior to the printing of the primary ballots, to reduce the time by which absentee ballots are required to be printed and distributed for the primary election from 50 days to 30 days. This authority shall not be authorized for absentee ballots to be voted in the general election."
Sec. 4.  G.S. 163-213.4 reads as rewritten:
"§ 163-213.4.  Nomination by State Board of Elections.
The State Board of Elections shall convene in Raleigh on the first business day in January preceding the presidential preference primary election.  At the meeting required by this section, the State Board of Elections shall nominate as presidential primary candidates all candidates affiliated with a political party, recognized pursuant to the provisions of Article 9 of Chapter 163 of the General Statutes, who have become eligible to receive payments from the Presidential Primary Matching Payment Account, as provided in section 9033 of the U.S. Internal Revenue Code of 1954, as amended.  Immediately upon completion of these requirements, the Board shall release to the news media all such nominees selected.  Provided, however, nothing shall prohibit the partial selection of nominees prior to the meeting required by this section, if all provisions herein have been complied with."
Sec. 5.  G.S. 163-106(c) reads as rewritten:
"(c)	Time for Filing Notice of Candidacy. – Candidates seeking party primary nominations for the following offices shall file their notice of candidacy with the State Board of Elections no earlier than 12:00 noon on the last Tuesday in December (or the next business day if that is a holiday) and no later than 12:00 noon on the second Friday in January 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 last Tuesday in December (or the next business day if that is a holiday) and no later than 12:00 noon on the second Friday in January preceding the primary: 
State Senators
Members of the State House of Representatives
All county offices."
Sec. 6.  G.S. 163-177 reads as rewritten:
"§ 163-177.  Disposition of duplicate abstracts.
Within six hours after the returns of a primary or election have been canvassed and the results judicially determined, the chairman of the county board of elections shall at the expense of the State mail, or otherwise deliver, to the State Board of Elections the duplicate-original abstracts prepared in accordance with G.S. 163-176 for all offices and referenda for which the State Board of Elections is required to canvass the votes and declare the results including:
President and Vice-President of the United States
Governor, Lieutenant Governor, and all other State executive officers
United States Senators
Members of the House of Representatives of the United States Congress
Justices, Judges, and District Attorneys of the General Court of Justice
State Senators in multi-county senatorial districts
Members of the State House of Representatives in multi-county representative districts
Constitutional amendments and propositions submitted to the voters of the State.
One duplicate abstract prepared in accordance with G.S. 163-176 for all offices and referenda for which the county board of elections is required to canvass the votes and declare the results (and which are listed below) shall be retained by the county board, which shall forthwith publish and declare the results; the second duplicate abstract shall be mailed at the expense of the State to the chairman of the State Board of Elections, to the end that there be one set of all primary and election returns available at the seat of government.
All county offices
State Senators in single-county senatorial districts
Members of the State House of Representatives in single-county representative districts
Propositions submitted to the voters of one county.
If the chairman of the county board of elections fails or neglects to transmit duplicate abstracts to the chairman of the State Board of Elections within the time prescribed in this section, he shall be guilty of a Class 2 misdemeanor.  Provided, that the penalty shall not apply if the chairman was prevented from performing the prescribed duty because of sickness or other unavoidable delay, but the burden of proof shall be on the chairman to show that his failure to perform was due to sickness or unavoidable delay."
Sec. 7.  G.S. 163-108 reads as rewritten:
"§ 163-108.  Certification of notices of candidacy.
(a)	Within three days after the time for filing notices of candidacy with the State Board of Elections under the provisions of G.S. 163-106(c) has expired, the chairman or secretary of that Board shall certify at the expense of the State to the Secretary of State the name, address, and party affiliation of each person who has filed with the State Board of Elections, indicating in each instance the office sought.
(b)	No later than 10 days after the time for filing notices of candidacy under the provisions of G.S. 163-106(c) has expired, the chairman of the State Board of Elections shall certify to the chairman of the county board of elections in each county in the appropriate district the names of candidates for nomination to the following offices who have filed the required notice and pledge and paid the required filing fee to the State Board of Elections, so that their names may be printed on the official county ballots: Superior court judge, district court judge, and district attorney.
(c)	In representative districts composed of more than one county and in multi-county senatorial districts the chairman or secretary of the county board of elections in each county shall, at the expense of the State within three days after the time for filing notices of candidacy under the provisions of G.S. 163-106(c) has expired, certify to the State Board of Elections (i) the names of all candidates who have filed notice of candidacy in his county for member of the State Senate, or, if such is the fact, that no candidates have filed in his county for that office, and (ii)  the names of all candidates who have filed notice of candidacy in his county for the office of member of the State House of Representatives or, if such is the fact, that no candidates have filed in his county for that office. The chairman of the county board of elections shall at the expense of the State forward a copy of this report to the chairman of the board of elections of each of the other counties in the representative or senatorial district. Within 10 days after the time for filing notices  of candidacy for those offices has expired the chairman or secretary of the State Board of Elections shall certify to the chairman of the county board of elections in each county of each multi-county representative or senatorial district the names of all candidates for the House of Representatives and Senate which must be printed on the county ballots.
(d)	Within two days after he receives each of the letters of certification from the chairman of the State Board of Elections required by subsections (b) and (c) of this section, each county elections board chairman shall at the expense of the State acknowledge receipt by letter addressed to the chairman of the State Board of Elections."
Sec. 7.5.  G.S. 163-106(b) reads as rewritten:
"(b)	Eligibility to File. – No person shall be permitted to file as a candidate in a primary if, at the time he offers to file notice of candidacy, he is registered on the appropriate registration book or record as an affiliate of a political party other than that in whose primary he is attempting to file. No person shall be permitted to file as a candidate for office in the primary of a political party unless that person is affiliated with that political party on the opening date of filing for that office.
A person registered as 'unaffiliated' shall be ineligible to file as a candidate in a party primary election."
Sec. 8.  There is appropriated from the General Fund to the State Board of Elections for the 1995-96 fiscal year the sum of one thousand dollars ($1,000) and for the 1996-97 fiscal year the sum of one thousand dollars ($1,000) to implement Sections 6 and 7 of this act.
Sec. 9.  This act is effective upon ratification, except that Section 8 becomes effective July 1, 1995 and Section 7.5 becomes effective with respect to primary elections conducted on or after January 1, 1996.