A BILL TO BE ENTITLED
AN ACT to eliminate second primaries.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 163‑111 reads as rewritten:
"§ 163‑111.  Determination of primary results.
(a)	Nomination Determined by Substantial Plurality; Definition of Substantial Plurality. – Except as otherwise provided in this section, nominations in primary elections shall be determined by a substantial plurality of the votes cast. A substantial plurality within the meaning of this section shall be determined as follows:
(1)	If a nominee for a single office is to be selected, and there is more than one person seeking nomination, the substantial plurality shall be ascertained by multiplying the total vote cast for all aspirants by forty percent (40%). Any excess of the sum so ascertained shall be a substantial plurality, and the aspirant who obtains a substantial plurality shall be declared the nominee. If two candidates receive a substantial plurality, the candidate receiving the highest vote shall be declared the nominee.
(2)	If nominees for two or more offices (constituting a group) are to be selected, and there are more persons seeking nomination than there are offices, the substantial plurality shall be ascertained by dividing the total vote cast for all aspirants by the number of positions to be filled, and by multiplying the result by forty percent (40%). Any excess of the sum so ascertained shall be a substantial plurality, and the aspirants who obtain a substantial plurality shall be declared the nominees. If more candidates obtain a substantial plurality than there are positions to be filled, those having the highest vote (equal to the number of positions to be filled) shall be declared the nominees.
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SECTION 2.  G.S. 160A‑23.1(d) reads as rewritten:
"(d)	If the council adopts the resolution provided for in subsection (a) of this section and does not adopt the changes, or does adopt the changes, but approval under the Voting Rights Act of 1965, as amended, is required, and notice of such approval is not received, by the end of the third day before the opening of the filing period, the municipal election shall be rescheduled as provided in this subsection and current officeholders shall hold over until their successors are elected and qualified. For cities using the:
(1)	Partisan primary and election method under G.S. 163‑291, the primary shall be held on the primary election date for county officers in the second year following a federal decennial census and the general election shall be held on the general election date for county officers in that year.
(2)	Nonpartisan primary and election method under G.S. 163‑294, the primary shall be held on the primary election date for county officers in the second year following a federal decennial census, and the election shall be held on the date for the second primary for county officers in that year.
(3)	Nonpartisan plurality election method under G.S. 163‑292, the election shall be held on the primary election date for county officers in the second year following a federal decennial census.
(4)	Election and runoff method under G.S. 163‑293, the election shall be held on the primary election date for county officers in the second year following a federal decennial census.
The organizational meeting of the new council may be held at any time after the results of the election have been officially determined and published, but not later than the time and date of the first regular meeting of the council in November of the second year following a federal decennial census, except in the case of partisan municipal elections, when the organizational meeting shall be held not later than the time and date of the first regular meeting of the council in December of the second year following a federal decennial census."
SECTION 3.  G.S. 163‑55(c) reads as rewritten:
"(c)	Elections. – For purposes of the 30‑day residence requirement to vote in an election in subsection (a) of this section, the term "election" means the day of the primary, general election, special election, or referendum."
SECTION 4.  G.S. 163‑82.6(d) reads as rewritten:
"(d)	Instances When Person May Register and Vote on Primary or Election Day. – If a person has become qualified to register and vote between the twenty‑fifth day before a primary or election and primary or election day, then that person may apply to register on primary or 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 primary or 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 primary or 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. 163‑226(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 7.  G.S. 163‑227.1 is repealed.
SECTION 8.  G.S. 163‑227.3(b) is repealed.
SECTION 9.  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 the person 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 10.  G.S. 163‑278.6(8) reads as rewritten:
"(8)	The term "election" means any general or special election, a primary, a run‑off election, or an election to fill a vacancy. The term "election" shall not include any local or statewide referendum."
SECTION 11.  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 12.  G.S. 163‑278.13B(d) is repealed.
SECTION 13.  G.S. 163‑278.40B(2) reads as rewritten:
"(2)	Pre‑election Report. – The treasurer shall file a report 10 days before the election."
SECTION 14.  G.S. 163‑279(a)(2) reads as rewritten:
"(2)	If the election is partisan, the election shall be held on Tuesday after the first Monday in November, the first primary shall be held on the second Tuesday after Labor Day."
SECTION 15.  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 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 third Friday in July preceding the election, except:
a.	In the year following a federal decennial census, a candidate seeking party nomination for municipal or district office in any city which elects members of its governing board on a district basis, or requires that candidates reside in a district in order to run, shall file his notice of candidacy with the board of elections no earlier than 12:00 noon on the fourth Monday in July and no later than 12:00 noon on the second Friday in August preceding the election; and
b.	In the second year following a federal decennial census, if the election is held then under G.S. 160A‑23.1, a candidate seeking party nomination for municipal or district office shall file his notice of candidacy with the board of elections at the same time as notices of candidacy for county officers are required to be filed under G.S. 163‑106.
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 seventh day 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.
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SECTION 16.  G.S. 163‑329(b1) reads as rewritten:
"(b1)	Method for Vacancy Election. – If a vacancy for the office of justice of the Supreme Court, judge of the Court of Appeals, or judge of the superior court occurs more than 60 days before the general election and after the opening of the filing period for the primary, then the State Board of Elections shall designate a special filing period of one week for candidates for the office. If more than two candidates file and qualify for the office in accordance with G.S. 163‑323, then the Board shall conduct 
	
	a general election for all the candidates shall be held on the same day as the general election for members of the General Assembly and the "instant runoff voting" method shall be used to determine the winner. Under "instant runoff voting," voters rank up to three of the candidates by order of preference, first, second, or third. If the candidate with the greatest number of first‑choice votes receives more than fifty percent (50%) of the first‑choice votes, that candidate wins. If no candidate receives that minimum number, the two candidates with the greatest number of first‑choice votes advance to a second round of counting. In this round, each ballot counts as a vote for whichever of the two final candidates is ranked highest by the voter. The candidate with the most votes in the second round wins the election. If more than one seat is to be filled in the same race, the voter votes the same way as if one seat were to be filled. The counting is the same as when one seat is to be filled, with one or two rounds as needed, except that counting is done separately for each seat to be filled. The first count results in the first winner. Then the second count proceeds without the name of the first winner. This process results in the second winner. For each additional seat to be filled, an additional count is done without the names of the candidates who have already won. In multi‑seat contests, the State Board of Elections may give the voter more than three choices.
	If two or more candidates receiving the highest number of votes each receive the same number of votes, the board of elections shall resolve the tie in accordance with G.S. 163‑182.8."
SECTION 17.  This act is effective when it becomes law.