A BILL TO BE ENTITLED
AN ACT to provide for a later primary with no second primary.
The General Assembly of North Carolina enacts:
PART I.	MOVE PRIMARY TO SEPTEMBER; CANDIDATE FILING DEADLINE IN JULY; ABOLISH SECOND PRIMARY
SECTION 1.  G.S. 163‑1(b) reads as rewritten:
"(b)	On the first Tuesday in September 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, except that if that day is the day after Labor Day, it shall be held on the second Tuesday in September."
SECTION 2.  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 second Monday in  June and no later than 12:00 noon on the  second Monday in July preceding the primary:
Governor
Lieutenant Governor
All State executive officers
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 second Monday in June and no later than 12:00 noon on the second Monday in July preceding the primary:
State Senators
Members of the State House of Representatives
All county offices."
SECTION 3.  G.S. 163‑111 reads as rewritten:
"§ 163‑111.  Determination of primary results.
(a)	Nomination Determined by Plurality; Definition of Plurality. – Except as otherwise provided in this section, nominations in primary elections shall be determined by a plurality of the votes cast. A plurality within the meaning of this section 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 elected.(2)	 When more persons are seeking election 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 elected.(3)	If two or more candidates receiving the highest number of votes each receive the same number of votes, the board of elections shall determine the winner by lot.

			"
PART II.	CONFORMING CHANGES
SECTION 3.1.  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 40 days to 35 days. This authority shall not be authorized for absentee ballots to be voted in the general election."
SECTION 4.  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 director 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."
SECTION 5.  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 or special or general election after the deadline for registration applications for that election as set out in G.S. 163‑82.6."
SECTION 6.  G.S. 163‑98 reads as rewritten:
"§ 163‑98.  General election participation by new political party.
In the first general election following the date on which a new political party qualifies under the provisions of G.S. 163‑96, it shall be entitled to have the names of its candidates for national, State, congressional, and local offices printed on the official ballots.
For the first general election following the date on which it qualifies under G.S. 163‑96, a new political party shall select its candidates by party convention. Following adjournment of the nominating convention, but not later than the day of the primary under G.S. 163-1(b) prior to the general election, the president of the convention shall certify to the State Board of Elections the names of persons chosen in the convention as the new party's candidates for State, congressional, and national offices in the ensuing general election. The State Board of Elections shall print names thus certified on the appropriate ballots as the nominees of the new party. The State Board of Elections shall send to each county board of elections the list of any new party candidates so that the county board can add those names to the appropriate ballot."
SECTION 7.  G.S. 163‑106(f) reads as rewritten:
"(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 director of elections of the county in which they are registered to vote, stating that the person is registered to vote in that county, stating the party with which the person is affiliated, and that the person has not changed his affiliation from another party or from unaffiliated within three months prior to the filing deadline under subsection (c) of this section. In issuing such certificate, the chairman or director 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  April of each even-numbered year."
SECTION 8.  G.S. 163‑114 reads as rewritten:
"§ 163‑114.  Filling vacancies among party nominees occurring after nomination and before election.
If any person nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general election, the vacancy shall be filled by appointment according to the following instructions:

Position 		

President 		Vacancy is to be filled by appointment
Vice President		of national executive committee of political party in which vacancy occurs

Presidential elector or		Vacancy is to be filled by appointment
alternate elector		of State executive committee of
Any elective State office		political party in which vacancy
United States Senator		occurs

A district office, including: 		Appropriate district executive
	Member of the United States		committee of political party in
	House of Representatives		which vacancy occurs
	District Attorney
	State Senator in a multi‑county 
	senatorial district
	Member of State House of 
	Representatives in a multi‑county
	representative district

State Senator in a single‑county 		County executive committee of
	senatorial district		political party in which vacancy
Member of State House of		occurs, provided, in the case of the
	Representatives in a single‑county 	State Senator or State
	representative district		Representative in a single‑county
Any elective county office 	district where not all the county is located in that district, then in voting, only those members of the county executive committee who reside within the district shall vote

The party executive making a nomination in accordance with the provisions of this section shall certify the name of its nominee to the chairman of the board of elections, State or county, charged with the duty of printing the ballots on which the name is to appear. If at the time a nomination is made under this section the general election ballots have already been printed, the provisions of G.S. 163‑165.3(c) shall apply. 
In a county not all of which is located in one congressional district, in choosing the congressional district executive committee member or members from that area of the county, only the county convention delegates or county executive committee members who reside within the area of the county which is within the congressional district may vote.
In a county which is partly in a multi‑county senatorial district or which is partly in a multi‑county House of Representatives district, in choosing that county's member or members of the senatorial district executive committee or House of Representatives district executive committee for the multi‑county district, only the county convention delegates or county executive committee members who reside within the area of the county which is within that multi‑county district may vote."
SECTION 9.  G.S. 163‑122(a) reads as rewritten:
"(a)	Procedure for Having Name Printed on Ballot as Unaffiliated Candidate. – Any qualified voter who seeks to have his name printed on the general election ballot as an unaffiliated candidate shall:
(1)	If the office is a statewide office, file written petitions with the State Board of Elections supporting his candidacy for a specified office. These petitions must be filed with the State Board of Elections on or before 12:00 noon on the last Friday in July preceding the general election and must be signed by qualified voters of the State equal in number to two percent (2%) of the total number of registered voters in the State as reflected by the most recent statistical report issued by the State Board of Elections. No later than 5:00 p.m. on the fifteenth day preceding the date the petitions are due to be filed with the State Board of Elections, each petition shall be presented to the chairman of the board of elections of the county in which the signatures were obtained. Provided the petitions are timely submitted, the chairman shall examine the names on the petition and place a check mark on the petition by the name of each signer who is qualified and registered to vote in his county and shall attach to the petition his signed certificate. Said certificates shall state that the signatures on the petition have been checked against the registration records and shall indicate the number of signers to be qualified and registered to vote in his county. The chairman shall return each petition, together with the certificate required in this section, to the person who presented it to him for checking. Verification by the chairman of the county board of elections shall be completed within two weeks from the date such petitions are presented.
(2)	If the office is a district office comprised of two or more counties, file written petitions with the State Board of Elections supporting his candidacy for a specified office. These petitions must be filed with the State Board of Elections on or before 12:00 noon on the last Friday in July preceding the general election and must be signed by qualified voters of the district equal in number to four percent (4%) of the total number of registered voters in the district as reflected by the latest statistical report issued by the State Board of Elections. Each petition shall be presented to the chairman of the board of elections of the county in which the signatures were obtained. The chairman shall examine the names on the petition and the procedure for certification and deadline for submission to the county board shall be the same as specified in (1) above.
(3)	If the office is a county office or a single county legislative district, file written petitions with the chairman or director of the county board of elections supporting his candidacy for a specified county office. These petitions must be filed with the county board of elections on or before 12:00 noon on the last Friday in July preceding the general election and must be signed by qualified voters of the county equal in number to four percent (4%) of the total number of registered voters in the county as reflected by the most recent statistical report issued by the State Board of Elections, except if the office is for a district consisting of less than the entire county and only the voters in that district vote for that office, the petitions must be signed by qualified voters of the district equal in number to four percent (4%) of the total number of voters in the district according to the most recent figures certified by the State Board of Elections. Each petition shall be presented to the chairman or director of the county board of elections. The chairman shall examine, or cause to be examined, the names on the petition and the procedure for certification shall be the same as specified in (1) above.
(4)	If the office is a partisan municipal office, file written petitions with the chairman or director of the county board of elections in the county wherein the municipality is located supporting his candidacy for a specified municipal office. These petitions must be filed with the county board of elections on or before the time and date specified in G.S. 163‑296 and must be signed by the number of qualified voters specified in G.S. 163‑296. The procedure for certification shall be the same as specified in (1) above.
Upon compliance with the provisions of (1), (2), (3), or (4) of this subsection, the board of elections with which the petitions have been timely filed shall cause the unaffiliated candidate's name to be printed on the general election ballots in accordance with G.S. 163‑140.
An individual whose name appeared on the ballot in a primary election preliminary to the general election shall not be eligible to have his name placed on the general election ballot as an unaffiliated candidate for the same office in that year."
SECTION 10.  G.S. 163‑123(c) reads as rewritten:
"(c)	Petitions for Write‑in Candidacy. – An applicant for write‑in candidacy shall:
(1)	If the office is a statewide office, file written petitions with the State Board of Elections supporting his candidacy for a specified office. These petitions shall be filed on or before noon on the 50th day before the general election. They shall be signed by 500 qualified voters of the State. No later than 5:00 p.m. on the fifteenth day preceding the date the petitions are due to be filed with the State Board of Elections, each petition shall be presented to the board of elections of the county in which the signatures were obtained. A petition presented to a county board of elections shall contain only names of voters registered in that county. Provided the petitions are timely submitted, the chairman of the county board of elections shall examine the names on the petition and place a check mark by the name of each signer who is qualified and registered to vote in his county. The chairman of the county board shall attach to the petition his signed certificate. On his certificate the chairman shall state that the signatures on the petition have been checked against the registration records and shall indicate the number of signers who are qualified and registered to vote in his county and eligible to vote for that office. The chairman shall return each petition, together with the certificate required in this section, to the person who presented it to him for checking. The chairman of the county board shall complete the verification within two weeks from the date the petition is presented.
(2)	If the office is a district office comprising all or part of two or more counties, file written petitions with the State Board of Elections supporting his candidacy for a specified office. These petitions must be filed with the State Board of Elections on or before noon on the 50th day before the general election and must be signed by 250 qualified voters. Before being filed with the State Board of Elections, each petition shall be presented to the board of elections of the county in which the signatures were obtained. A petition presented to a county board of elections shall contain only names of voters registered in that county who are eligible to vote for that office. The chairman of the county board shall examine the names on the petition and the procedure for certification shall be the same as specified in subdivision (1).
(3)	If the office is a county office, or is a school administrative unit office elected on a partisan basis, or is a legislative district consisting of a single county or a portion of a county, file written petitions with the county board of elections supporting his candidacy for a specified office. A petition presented to a county board of elections shall contain only names of voters registered in that county. These petitions must be filed on or before noon on the 50th day before the general election and must be signed by 100 qualified voters who are eligible to vote for the office, unless fewer than 5,000 persons are eligible to vote for the office as shown by the most recent records of the appropriate board of elections. If fewer than 5,000 persons are eligible to vote for the office, an applicant's petition must be signed by not less than one percent (1%) of those registered voters. Before being filed with the county board of elections, each petition shall be presented to the county board of elections for examination. The chairman of the county board of elections shall examine the names on the petition and the procedure for certification shall be the same as specified in subdivision (1)."
SECTION 11.  G.S. 163‑226(c) reads as rewritten:
"(c)	The Term "Election". – As used in this Subchapter, unless the context clearly requires otherwise, the term "election" includes a general, primary, runoff election, bond election, referendum, or special election."
SECTION 12.  G.S. 163‑227.1 is repealed.
SECTION 13.  G.S. 163‑227.3 reads as rewritten:
"§ 163‑227.3.  Date by which absentee ballots must be available for voting.
(a)	A board of elections shall provide absentee ballots of the kinds needed 40 days prior to the date on which the election shall be conducted unless  35 days is authorized by the State Board of Elections under G.S. 163‑22(k) or there shall exist an appeal before the State Board or the courts not concluded, in which case the board shall provide the ballots as quickly as possible upon the conclusion of such an appeal. However, in the case of municipal elections, absentee ballots shall be made available no later than 30 days before an election. In every instance the board of elections shall exert every effort to provide absentee ballots, of the kinds needed by the date on which absentee voting is authorized to commence.
	"
SECTION 14.  G.S. 163‑255 reads as rewritten:
"§ 163‑255.  Absentee voting at office of board of elections.
Notwithstanding any other provisions of Chapter 163 of the General Statutes, any person eligible to vote an absentee ballot pursuant to G.S. 163‑245 shall be permitted to vote an absentee ballot pursuant to G.S. 163‑227.2 if the person has not already voted an absentee ballot which has been returned to the board of elections, and if he will not be in the county on the day of the primary or election.
In the event an absentee application or ballot has already been mailed to such person applying to vote pursuant to G.S. 163‑227.2, the board of elections shall void the application and ballot unless the voted absentee ballot has been received by the board of elections. Such person shall be eligible to vote pursuant to G.S. 163‑227.2 no later than 5:00 P.M. on the day next preceding the primary or election."
SECTION 15.  G.S. 163‑278.6(8) reads as rewritten:
"(8)	The term "election" means any general or special election, a first primary, a run‑off election, or an election to fill a vacancy. The term "election" shall not include any local or statewide referendum."
SECTION 16.  G.S. 163‑278.13(d) reads as rewritten:
"(d)	For the purposes of this section, the term "an election" means any primary or 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."
SECTION 17.  G.S. 163‑278.13B(d) is repealed.
SECTION 18.  G.S. 163‑278.40B reads as rewritten:
"§ 163‑278.40B.  Campaign report; partisan election.
In any city election conducted on a partisan basis in accordance with G.S. 163‑279(a)(2) and 163‑291, the following reports shall be filed in addition to the organizational report:
(1)	Thirty‑five‑day Report. – The treasurer shall file a report with the board 35 days before the primary.
(1a)	Pre‑primary Report. – The treasurer shall file a report with the board no later than the tenth day preceding each primary election.
(2)	Pre‑election Report. – The treasurer shall file a report 10 days before the election.(3)	Repealed by Session Laws 1985, c. 164, s. 2.
(4)	Semiannual Reports. – If contributions are received or expenditures made during any part of a calendar year, for which no reports are otherwise required by this section, any and all those contributions and expenditures shall be reported on semiannual reports due on the last Friday in July, covering the period through June 30, and due on the last Friday in January, covering the period through December 31 of the previous year."
SECTION 19.  G.S. 163‑279(a) 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 1973 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, and the first primary shall be held on the fourth Tuesday before the election.
(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."
SECTION 20.  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 shall be held on the third day (Sunday excepted) following the primary. In accepting the filing of complaints concerning the conduct of an election, a board of elections shall be subject to the rules concerning Sundays and holidays set forth in G.S. 103‑5.
	"
SECTION 21.  Section 2 of Session Law 2002‑21 Extra Session reads as rewritten:
"SECTION 2.  If any members of any county board of education are elected at the primary election and take office under a local act in July after the primary, they shall instead take office on the same day in December after the primary, and the terms of any such member which would otherwise expire in July of 2004 are extended accordingly."
SECTION 22.  Any runoff election for local office that by local act is to be held on the date of the second primary shall instead be held on the date of the general election.
SECTION 23.  If this act conflicts with the provisions of any local act, this act prevails to the extent of the conflict.
SECTION 24.  This act becomes effective January 1, 2004.