A BILL TO BE ENTITLED
AN ACT to amend the statutory requirement for a political party to maintain ballot eligibility; to provide that the results of primaries of political parties with less than ten percent of the registered voters are determined by a plurality unless the party chooses to nominate by convention; to change the definition of a "political party" by reducing the number of signatures required for the formation of a new political party; and to reduce the number of signatures required for unaffiliated candidates to obtain ballot access eligibility.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 163‑96(a) reads as rewritten:
"(a)	Definition. – A political party within the meaning of the election laws of this State shall be either of the following:
(1)	Any group of voters which, at the last preceding general State election, polled for its candidate for Governor, for any other member of the Council of State for a full term of office, or for presidential electors, at least one-fourth of one percent (.25%) of the entire vote cast in the State for Governor, for any other member of the Council of State, or for presidential electors, whichever vote count is less.
(2)	Any group of voters who have filed with the State Board of Elections a petition for the formulation of a new political party which is signed by at least one-fourth of one percent (.25%) of the registered and qualified voters in this State as of January 1 of the year of the petition. Of the signers, at least 200 must be registered voters from each of three congressional districts in North Carolina. To be effective, the petitioners must file the petition with the State Board of Elections before 12:00 noon on the first day of June preceding the day on which is to be held the first general State election in which the new political party desires to participate. The State Board of Elections shall forthwith determine the sufficiency of any petition for the formulation of a new political party filed with it and shall immediately communicate its determination to the State chairman of the proposed new political party."
SECTION 2.  G.S. 163‑98 reads as rewritten:
"§ 163‑98.  Participation by certain political parties.
(a)	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 upon paying a filing fee equal to that provided for candidates for the office in G.S. 163‑107 or upon complying with the alternative available to candidates for the office in G.S. 163‑107.1.
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 first day of July prior to the general election, the presiding officer 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 in the ensuing general election. Any candidate nominated by a new party shall be affiliated with the party at the time of certification to the State Board of Elections. The requirement of affiliation with the party will be met if the candidate submits at or before the time of certification as a candidate an application to change party affiliation to that party. 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.
(b)	A political party with less than ten percent (10%) of the registered voters in this State is not subject to the Primary Act, Article 10 of this Chapter (other than as provided by subsection (d) of this section), if, after approval of its State convention or State executive committee, it notifies the State Board of its action before July 1 of an odd‑numbered year. The exemption shall remain in effect unless revoked by the State convention or State executive committee, and such revocation shall become effective beginning in the next even‑numbered year after July 1 of the year the political party notifies the State Board.
(c)	A political party electing under subsection (b) of this section to be exempt from Article 10 of this Chapter shall select its candidates by party convention. Following adjournment of the nominating convention, but not later than the first day of July prior to the general election, the presiding officer of the convention shall certify to the State Board the names of persons chosen in the convention as the party's candidates in the ensuing general election. Any candidate nominated shall be affiliated with the party at the time of certification to the State Board. The requirement of affiliation with the party will be met if the candidate submits at or before the time of certification as a candidate an application to change party affiliation to that party. The State Board shall print names thus certified on the appropriate ballots as the nominees of the party. The State Board shall send to each county board of elections the list of any party candidates so that the county board can add those names to the appropriate ballot.
(d)	Political parties exempt from Article 10 of this Chapter shall nonetheless be subject to G.S. 163‑113 (withdrawal of nominee), 163‑114 (filling vacancy in nomination after convention), and 163‑115 (nominations when vacancies in office occur)."
SECTION 3.  G.S. 163‑111 is amended by adding a new subsection to read:
"(g)	No Second Primaries for Political Parties With Less Than Ten Percent of Registered Voters. – This section does not apply to political parties with less than ten percent (10%) of the registered voters in the State."
SECTION 4.  Article 10 of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163‑111.1.  Determination of primary results for political parties.
(a)	This section applies only to political parties that, as of January 1 of the year that the primary election is to be held, have less than ten percent (10%) of the registered voters in the State.
(b)	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 numbers of votes, equal in number to the number of offices to be filled, shall be declared the nominees.
(c)	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.
(d)	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.
(e)	This section prevails over any local act."
SECTION 5.  G.S. 163‑122 reads as rewritten:
"§ 163‑122.  Unaffiliated candidates nominated by petition.
					(a1)	When and Where to File. – Any qualified voter who seeks to have that voter's name printed on the general election ballot as an unaffiliated candidate shall:
(1)	File written petitions with the State Board of Elections supporting the voter's candidacy for any statewide or district office comprised of more than one county. These petitions must be filed with the State Board of Elections on or before 12:00 noon on the last Friday in June preceding the general election. 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 the signer's county and shall attach to the petition a 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 the signer's county. The chairman shall return each petition, together with the certificate required in this section, to the person who presented it 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)	File written petitions with the appropriate county board of elections supporting the voter's candidacy for any district office containing one or less than one county, county office, partisan municipal office, or any other office comprised of one or less than one county. These petitions must be filed with the county board of elections on or before 12:00 noon on the last Friday in June preceding the general election. Provided the petitions are timely submitted, 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 subdivision (1) of this subsection.
(a2)	Number of Signatures Required. – Candidates seeking election to a partisan office as an unaffiliated candidate shall obtain no less than the following number of signatures for the office sought:
(1)	For President of the United States as provided in G.S. 163‑209, United States Senator, Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Superintendent of Public Instruction, Attorney General, Commissioner of Agriculture, Commissioner of Labor, Commissioner of Insurance, and any other statewide office: At least one-fourth of one percent (.25%) of the entire vote cast in the State for Governor or presidential electors, with at least 200 signatures from three congressional districts.
(2)	For all other offices: At least one percent (1%) of the total number of registered voters eligible to vote for that office on January 1 of the year of the election.
(a3)	Losing Candidate's Provision. – Upon compliance with the provisions of subsections (a1) and (a2) of this section, 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 Article 14A of this Chapter.
An individual whose name appeared on the ballot in a primary election preliminary to the general election shall not be eligible to have that individual's name placed on the general election ballot as an unaffiliated candidate for the same office in that year.
(b)	Form of Petition. – Petitions requesting an unaffiliated candidate to be placed on the general election ballot shall contain on the heading of each page of the petition in bold print or in all capital letters the words: "THE UNDERSIGNED REGISTERED VOTERS IN __________ COUNTY HEREBY PETITION ON BEHALF OF __________ AS AN UNAFFILIATED CANDIDATE FOR THE OFFICE OF __________ IN THE NEXT GENERAL ELECTION. THE UNDERSIGNED HEREBY PETITION THAT SUBJECT CANDIDATE BE PLACED ON THE APPROPRIATE BALLOT UPON COMPLIANCE WITH THE PROVISIONS CONTAINED IN G.S. 163‑122."
(c)	This section does not apply to elections under Article 25 of this Chapter.
(d)	When any person files a petition with a board of elections under this section, the board of elections shall, immediately upon receipt of the petition, inspect the registration records of the county and cancel the petition of any person who does not meet the constitutional or statutory qualifications for the office, including residency.
The board shall give notice of cancellation to any person whose petition has been cancelled under this subsection by mail or by having the notice served on that person by the sheriff and to any other candidate filing for the same office. A person whose petition has been cancelled or another candidate for the same office affected by a substantiation under this subsection may request a hearing on the issue of constitutional or statutory qualifications for the office. If the person requests a hearing, the hearing shall be conducted in accordance with Article 11B of Chapter 163 of the General Statutes.
(e)	Any candidate seeking to have that candidate's name printed on the general election ballot under this section shall pay a filing fee equal to that provided for candidates for the office in G.S. 163‑107 or comply with the alternative available to candidates for the office in G.S. 163‑107.1."
SECTION 6.  G.S. 163‑296 reads as rewritten:
"§ 163‑296.  Nomination by petition.
In cities conducting partisan elections, any qualified voter who seeks to have that voter's name printed on the regular municipal election ballot as an unaffiliated candidate shall do so in the manner provided in G.S. 163‑122. An individual whose name appeared on the ballot in a primary election is not eligible to have that individual's name placed on the regular municipal election ballot as an unaffiliated candidate for the same office in that year."
SECTION 7.  This act becomes effective January 1, 2012, and applies to elections held on or after that date.