A BILL TO BE ENTITLED
AN ACT to add transparency to certain elections by requiring that elections currently conducted on a nonpartisan basis be conducted on a partisan basis and to make various conforming statutory changes.
The General Assembly of North Carolina enacts:

Part 1. County Boards of Education Elections
SECTION 1.1.  G.S. 115C‑37 reads as rewritten:
"§ 115C‑37.  Election of board members.
(a)	Method of Election. – The county boards of education shall be elected biennially on a partisan basis at the time of the  general election. Notwithstanding any provision of G.S. 153A‑3 to the contrary, a local act shall not supersede the method of partisan election provided for in this subsection. Except as otherwise provided herein, the election shall be conducted according to the provisions of Chapter 163 of the General Statutes.
The terms of office of the members shall be staggered so as nearly equal to one half as possible shall expire every two years.
(b)	County Board of Elections to Provide for Elections. – The county board of elections under the direction of the State Board of Elections, shall make all necessary provisions for elections of county boards of education as are herein provided for. The county board of elections of each county shall file with the State Board of Elections a statement specifying the size and method of election of members of its county board of education.
(c)	City Board of Education. – The board of education for any city administrative unit shall be appointed or elected as now provided by law. If the board of education is elected, it shall be elected biennially on a partisan basis. Notwithstanding any provision of G.S. 160A‑3 to the contrary, a local act shall not supersede the method of partisan election provided for in this subsection.
The election of the board of education for a city administrative unit shall be conducted according to the provisions of Articles 23 and 24 of Chapter 163 of the General Statutes governing partisan elections.
If no provision is now made by the law for the filling of vacancies of appointed members of any city board of education, such vacancy may be filled by the governing body of the city or town embraced by said administrative unit. In the event that any such vacancy is not filled in this manner within 30 days, the State Board of Education may fill such vacancy.
(d)	Members to Qualify. – Each county board of education shall hold a meeting in December following the election. At that meeting, newly elected members of the board of education shall qualify by taking the oath of office prescribed in Article VI, Sec. 7 of the Constitution.
This subsection shall not have the effect of repealing any local or special acts relating to boards of education of any particular counties whose membership to said boards is chosen by a vote of the people.
(e)	Vacancies in Nominations for Membership on County Boards. – If any candidate nominated on a partisan basis shall die, resign, or for any reason become ineligible or disqualified between the date of his or her nomination and the time for the election, such vacancy caused thereby may be filled by the actions of the county executive committee of the political party of such candidate.
(f)	Vacancies in Office. – All vacancies in the membership of the boards of education whose members are elected pursuant to the provisions of this section by death, resignation, or other causes shall be filled by appointment by the remaining members of the board, of a person to serve until the next election of members of such board, at which time the remaining unexpired term of the office in which the vacancy occurs shall be filled by election. The remaining members of the board shall consult with the executive committee of the nominating political party of the member whose seat is vacant and appoint the person recommended by that party executive committee, if the party executive committee makes a recommendation within 30 days of the occurrence of the vacancy. Whenever only the qualified voters of less than the area of the entire local school administrative unit were eligible to vote for the member whose seat is vacant, the appointing authority must accept the recommendation only if the party executive committee restricted voting to committee members who represent precincts all or part of which were within the territory of the vacating school board member. Notwithstanding any provisions of G.S. 153A‑3 or G.S. 160A‑3 to the contrary, a local act may not supersede the method of filling vacancies in the membership of boards of education provided for in this subsection.
(g)	Eligibility for Board Membership; Holding Other Offices. – Any person possessing the qualifications for election to public office set forth in Article VI, Sec. 6 of the Constitution of North Carolina shall be eligible to serve as a member of a local board of education: Provided, however, that any person elected or appointed to a local board of education, and also employed by that board of education, shall resign his or her employment before taking office as a member of that board of education.
Membership on a board of education is hereby declared to be an office that, with the exceptions provided above, may be held concurrently with any appointive office, pursuant to Article VI, Sec. 9 of the Constitution, but any person holding an elective office shall not be eligible to serve as a member of a local board of education.

(i)	The local board of education shall revise electoral district boundaries from time to time as provided by this subsection. If district boundaries are set by local act or court order and the act or order does not provide a method for revising them, the local board of education shall revise them only for the purpose of (i) accounting for territory annexed to or excluded from the school administrative unit, and (ii) correcting population imbalances among the districts shown by a new federal census or caused by exclusions or annexations. After the General Assembly has ratified an act establishing district boundaries, the local board of education shall not revise them again until a new federal census of population is taken or territory is annexed to or excluded from the school administrative unit, whichever event first occurs. After the local board of education has revised district boundaries in conformity with this act, the local board of education shall not revise them again until a new federal census of population is taken or territory is annexed to or excluded from the school administrative unit, whichever event occurs first, except that the board may make an earlier revision of district boundaries it has drawn if it must do so to comply with a court order or to gain approval of a district‑revision plan by the U.S. Justice Department under Section 5 of the Voting Rights Act. In establishing district boundaries, the local board of education shall use data derived from the most recent federal census."
SECTION 1.2.  G.S. 115C‑37.1 is repealed.
SECTION 1.3.  G.S. 115C‑67(3) reads as rewritten:
"(3)	The establishment and maintenance of a board of education which shall administer all the public schools of the newly created unit, including:
a.	The termination of any terms of office proposed in the reorganization of the board.
b.	The method of constituting and continuing the board of education; the manner of selection of board members, including (i) the number of members of the board, (ii) the method of their election or appointment, (iii) whether members shall be nominated, elected, or appointed from districts or at large, and (iv) the manner of determining the nominee; the length of the members' terms of office; the dates of induction into office; the organization of the board; and the compensation to be paid members of the board for expenses incurred in performance of their duties. Except for the requirements of election on a partisan basis and the filling of vacancies in the membership of a local board of education, to the extent that the method conflicts with G.S. 115C‑35, G.S. 115C‑37, or with any local act concerning any of the units being merged and consolidated, the plan of merger and consolidation shall prevail."
SECTION 1.4.(a)  This act shall have the effect of repealing any provisions of local or special acts relating to the nonpartisan election of a local board of education and any conflicting methods of filling vacancies in the membership of boards of education than as required by G.S. 115C‑37(f), as amended by this act. This act shall not affect the filling of a vacancy on a local board of education that occurs for a seat elected prior to the effective date of this act.
SECTION 1.4.(b)  Any local act requiring a board of education election to be conducted in an odd‑numbered year shall be held as a partisan election beginning in 2017.

Part 2. Judicial Elections
SECTION 2.1.  G.S. 18C‑112(e)(1) reads as rewritten:
"(e)	If any member takes any of the following actions, the member vacates office as a member of the Commission and the vacancy shall be filled as provided by G.S. 18C‑111(c):
(1)	Files a notice of candidacy under G.S. 163‑106 or a petition under G.S. 163‑107.1."
SECTION 2.2.  G.S. 163‑1(b) reads as rewritten:
"(b)	On Tuesday next after the first Monday in May 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."
SECTION 2.3.  G.S. 163‑22.3 reads as rewritten:
"§ 163‑22.3.  State Board of Elections littering notification.
At the time an individual files with the State Board of Elections a notice of candidacy pursuant to G.S. 163‑106, 163‑112, 163‑291, or 163‑294.2, is certified to the State Board of Elections by a political party executive committee to fill a nomination vacancy pursuant to G.S. 163‑114, is certified to the State Board of Elections by a new political party as that party's nominee pursuant to G.S. 163‑98, qualifies with the State Board of Elections as an unaffiliated or write‑in candidate pursuant to Article 11 of this Chapter, or formally initiates a candidacy with the State Board of Elections pursuant to any statute or local act, the State Board of Elections shall notify the candidate of the provisions concerning campaign signs in G.S. 136‑32 and G.S. 14‑156, and the rules adopted by the Department of Transportation pursuant to G.S. 136‑18."
SECTION 2.4.  G.S. 163‑82.10B reads as rewritten:
"§ 163‑82.10B.  Confidentiality of date of birth.
Boards of elections shall keep confidential the date of birth of every voter‑registration applicant and registered voter, except in the following situations:
(1)	When a voter has filed notice of candidacy for elective office under G.S. 163‑106, 163‑122, 163‑123, or 163‑294.2, has been nominated as a candidate under G.S. 163‑98 or G.S. 163‑114, or has otherwise formally become a candidate for elective office. The exception of this subdivision does not extend to an individual who meets the definition of "candidate" only by beginning a tentative candidacy by receiving funds or making payments or giving consent to someone else to receive funds or transfer something of value for the purpose of exploring a candidacy.
(2)	When a voter is serving in an elective office.
(3)	When a voter has been challenged pursuant to Article 8 of this Chapter.
(4)	When a voter‑registration applicant or registered voter expressly authorizes in writing the disclosure of that individual's date of birth.
(5)	When requested by a county jury commission established pursuant to G.S. 9‑1 for purposes of preparing the master jury list in that county pursuant to G.S. 9‑2.
The disclosure of an individual's age does not constitute disclosure of date of birth in violation of this section.
The county board of elections shall give precinct officials access to a voter's date of birth where necessary for election administration, consistent with the duty to keep dates of birth confidential.
Disclosure of a date of birth in violation of this section shall not give rise to a civil cause of action. This limitation of liability does not apply to the disclosure of a date of birth in violation of this subsection as a result of gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable."
SECTION 2.5.  G.S. 163‑106 reads as rewritten:
"§ 163‑106.  Notices of candidacy; pledge; with whom filed; date for filing; withdrawal.
…
(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 February and no later than 12:00 noon on the last business day in February 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 court
Judges of the district court
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 February and no later than 12:00 noon on the last business day in February preceding the primary:
State Senators
Members of the State House of Representatives
All county offices.
(d)	Notice of Candidacy for Certain Offices to Indicate Vacancy. – In any primary in which there are two or more vacancies for associate justices for the Supreme Court, two or more vacancies for the Court of Appeals, two or more vacancies for district court judge, or two vacancies for United States Senator from North Carolina, each candidate shall, at the time of filing notice of candidacy, file with the State Board of Elections a written statement designating the vacancy to which the candidate seeks nomination. A person seeking election for a specialized district judgeship established under G.S. 7A‑147 shall, at the time of filing notice of candidacy, file with the State Board of Elections a written statement designating the specialized judgeship to which the person seeks nomination. Votes cast for a candidate shall be effective only for nomination to the vacancy for which the candidate has given notice of candidacy as provided in this subsection.
…
(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, if the candidacy is for superior court judge and the county contains more than one superior court district, stating the superior court district of which the person is a resident, 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 December of each odd‑numbered year.
…
(j)	No person may file a notice of candidacy for superior court judge, unless that person is, at the time of filing the notice of candidacy, a resident of the judicial district as it will exist at the time the person would take office if elected. No person may be nominated as a superior court judge under G.S. 163‑114, unless that person is, at the time of nomination, a resident of the judicial district as it will exist at the time the person would take office if elected. This subsection implements Section 9(1) of Article IV of the North Carolina Constitution which requires regular superior court judges to reside in the district for which elected."
SECTION 2.6.  G.S. 163‑107(a) reads as rewritten:
"(a)	Fee Schedule. – At the time of filing a notice of candidacy, each candidate shall pay to the board of elections with which the candidate files under the provisions of G.S. 163‑106 a filing fee for the office sought in the amount specified in the following tabulation:

Office Sought	Amount of Filing Fee
Governor	One percent (1%) of the annual salary of the office sought
Lieutenant Governor	One percent (1%) of the annual salary of the office sought
All State executive offices	One percent (1%) of the annual salary of the office sought
All Justices, Judges, and 	One percent (1%) of the annual salary of
District Attorneys of the General	the office sought
Court of Justice
United States Senator	One percent (1%) of the annual salary of the office sought
Members of the United States House 	One percent (1%) of the annual salary of
of Representatives	the office sought
State Senator	One percent (1%) of the annual salary of the office sought
Member of the State House of 	One percent (1%) of the annual salary of
Representatives	the office sought
All county offices not compensated by fees	One percent (1%) of the annual salary of the office sought
All county offices compensated partly	One percent (1%) of the first annual
by salary and partly by fees	salary to be received (exclusive of fees)
The salary of any office that is the basis for calculating the filing fee is the starting salary for the office, rather than the salary received by the incumbent, if different. If no starting salary can be determined for the office, then the salary used for calculation is the salary of the incumbent, as of January 1 of the election year."
SECTION 2.7.  G.S. 163‑107.1 reads as rewritten:
"§ 163‑107.1.  Petition in lieu of payment of filing fee.
(a)	Any qualified voter who seeks nomination in the party primary of the political party with which he affiliates may, in lieu of payment of any filing fee required for the office he seeks, file a written petition requesting him to be a candidate for a specified office with the appropriate board of elections, State, county or municipal.
(b)	If the candidate is seeking the office of United States Senator, Governor, Lieutenant Governor, any State executive officer, Justice of the Supreme Court, or Judge of the Court of Appeals, the petition must be signed by 10,000 registered voters who are members of the political party in whose primary the candidate desires to run, except that in the case of a political party as defined by G.S. 163‑96(a)(2) which will be making nominations by primary election, the petition must be signed by five percent (5%) of the registered voters of the State who are affiliated with the same political party in whose primary the candidate desires to run, or in the alternative, the petition shall be signed by no less than 8,000 registered voters regardless of the voter's political party affiliation, whichever requirement is greater. If the office is superior court judge or district court judge, the petition shall be signed by ten percent (10%) of the registered voters of the election area voting for that office. The petition must be filed with the State Board of Elections not later than 12:00 noon on Monday preceding the filing deadline before the primary in which he seeks to run. The names on the petition shall be verified by the board of elections of the county where the signer is registered, and the petition must be presented to the county board of elections at least 15 days before the petition is due to be filed with the State Board of Elections. When a proper petition has been filed, the candidate's name shall be printed on the primary ballot.
(c)	County, Municipal and District Primaries. – If the candidate is seeking one of the offices set forth in G.S. 163‑106(c) but which is not listed in subsection (b) of this section, or a municipal or any other office requiring a partisan primary which is not set forth in G.S. 163‑106(c) or (d), the candidate shall file a written petition with the appropriate board of elections no later than 12:00 noon on Monday preceding the filing deadline before the primary. The petition shall be signed by five percent (5%) of the registered voters of the election area in which the office will be voted for, who are affiliated with the same political party in whose primary the candidate desires to run, or in the alternative, the petition shall be signed by no less than 200 registered voters regardless of said voter's political party affiliation, whichever requirement is greater. The board of elections shall verify the names on the petition, and if the petition is found to be sufficient, the candidate's name shall be printed on the appropriate primary ballot. Petitions for candidates for member of the U.S. House of Representatives, District Attorney, judge of the superior court, judge of the district court, and members of the State House of Representatives from multi‑county districts or members of the State Senate from multi‑county districts must be presented to the county board of elections for verification at least 15 days before the petition is due to be filed with the State Board of Elections, and such petition must be filed with the State Board of Elections no later than 12:00 noon on Monday preceding the filing deadline. The State Board of Elections may adopt rules to implement this section and to provide standard petition forms.
	"
SECTION 2.8.  G.S. 163‑111(c)(1) reads as rewritten:
"(c)	Procedure for Requesting Second Primary.
(1)	A candidate who is apparently entitled to demand a second primary, according to the unofficial results, for one of the offices listed below, and desiring to do so, shall file a request for a second primary in writing with the Executive Director of the State Board of Elections no later than 12:00 noon on the ninth day (including Saturdays and Sundays) following the date on which the primary was conducted, and such request shall be subject to the certification of the official results by the State Board of Elections. If the vote certification by the State Board of Elections determines that a candidate who was not originally thought to be eligible to call for a second primary is in fact eligible to call for a second primary, the Executive Director of the State Board of Elections shall immediately notify such candidate and permit the candidate to exercise any options available to the candidate within a 48‑hour period following the notification:
Governor,
Lieutenant Governor,
All State executive officers,
Justices, Judges, or District Attorneys of the General Court of Justice,
United States Senators,
Members of the United States House of Representatives,
State Senators in multi‑county senatorial districts, and
Members of the State House of Representatives in multi‑county representative districts."
SECTION 2.9.  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 of 
Vice President		national executive committee of 
		political party in which vacancy occurs

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

A district office, including:	Appropriate district executive committee of
	Member of the United States House 		political party in which vacancy occurs
		of Representatives
	Judge of district court
	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 political
	senatorial district		party in which vacancy occurs, 
Member of State House of 		provided, in the case of the State 
	Representatives in a single‑county 		Senator or State Representative in a
	representative district		single‑county district where not all the
Any elective county office		county is located in that district, then in
				voting, only those members of the 
				county executive committee who reside 
				within the district shall vote
Judge of superior court in a	County executive committee
single‑county judicial	of political party in
district where the district	which vacancy occurs;
is the whole county or part	provided, in the case of
of the county	a superior court judge in a
	single‑county 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
Judge of superior court in a	Appropriate district
multicounty judicial 	executive committee of
district	political party in which
	vacancy occurs.
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, that has jurisdiction over the ballot item under G.S. 163‑182.4. 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. If a vacancy occurs in a nomination of a political party and that vacancy arises from a cause other than death and the vacancy in nomination occurs more than 120 days before the general election, the vacancy in nomination may be filled under this section only if the appropriate executive committee certifies the name of the nominee in accordance with this paragraph at least 75 days before the general election.
In a county which is partly in a multicounty judicial district, in choosing that county's member or members of the judicial district executive committee for the multicounty district, only the county convention delegates or county executive committee members who reside within the area of the county which is within that multicounty district may vote.
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.
An individual whose name appeared on the ballot in a primary election preliminary to the general election shall not be eligible to be nominated to fill a vacancy in the nomination of another party for the same office in the same year."
SECTION 2.10.  G.S. 163‑122(c) is repealed.
SECTION 2.11.  G.S. 163‑123(g) is repealed.
SECTION 2.12.  G.S. 163‑165.5(3) reads as rewritten:
"§ 163‑165.5.  Contents of official ballots.
Each official ballot shall contain all the following elements:
…
(3)	The names of the candidates as they appear on their notice of candidacy filed pursuant to G.S. 163‑106  or on petition forms filed in accordance with G.S. 163‑122. No title, appendage, or appellation indicating rank, status, or position shall be printed on the official ballot in connection with the candidate's name. Candidates, however, may use the title Mr., Mrs., Miss, or Ms. Nicknames shall be permitted on an official ballot if used in the notice of candidacy or qualifying petition, but the nickname shall appear according to standards adopted by the State Board of Elections. Those standards shall allow the presentation of legitimate nicknames in ways that do not mislead the voter or unduly advertise the candidacy. In the case of candidates for presidential elector, the official ballot shall not contain the names of the candidates for elector but instead shall contain the nominees for President and Vice President which the candidates for elector represent. The State Board of Elections shall establish a review procedure that local boards of elections shall follow to ensure that candidates' names appear on the official ballot in accordance with this subdivision."
SECTION 2.13.  Subchapter X (Article 25) of Chapter 163 of the General Statutes is repealed.

Part 3. Municipal Elections
SECTION 3.1.  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. Pursuant to 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, the second primary, if necessary, shall be held on the second primary election date for county officers in that year, and the general election shall be held on the general election date for county officers in that year.

	
	
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 3.2.  G.S. 160A‑101 reads as rewritten:
"§ 160A‑101.  Optional forms.
Any city may change its name or alter its form of government by adopting any one or combination of the options prescribed by this section:
…
(6)	Mode of election of the council:
…
e.	The city shall be divided into single‑member electoral districts; council members shall be apportioned to the districts so that each member represents the same number of persons as nearly as possible, except for members apportioned to the city at large, if any; and all candidates shall be elected by all the qualified voters of the city.
If either of options b, c, d or e is adopted, the council shall divide the city into the requisite number of single‑member electoral districts according to the apportionment plan adopted, and shall cause a map of the districts so laid out to be drawn up and filed as provided by G.S. 160A‑22 and 160A‑23. No more than one half of the council may be apportioned to the city at large. An initiative petition may specify the number of single‑member electoral districts to be laid out, but the drawing of district boundaries and apportionment of members to the districts shall be done in all cases by the council.
(7)	Elections:
Municipal primaries and elections shall be conducted on a partisan basis as provided in G.S. 163‑291.

	
	
…."
SECTION 3.3.  Subchapter IX of Chapter 163 of the General Statutes reads as rewritten:
"Subchapter IX. Municipal Elections.
"Article 23.
"Municipal Election Procedure.
"§ 163‑279.  Time of municipal primaries and elections.
(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 on a partisan basis. 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, and the second primary, if required, shall be held on the fourth Tuesday before the election.

	
	
(b)	Repealed by Session Laws 2011‑141, s. 1(a), effective July 1, 2011.
(c)	Officers of sanitary districts elected in 1970 shall hold office until the first Monday in December, 1973, notwithstanding G.S. 130‑126. Beginning in 1973, sanitary district elections shall be held at the times provided in this section or in G.S. 130A‑50(b1).
…
"

…
"§ 163‑290.  Method of determining the results of municipal elections.
(a)	Each city, town, village, and special district in this State shall nominate candidates for and determine the results of its elections on a partisan basis in accordance with G.S. 163‑291. Notwithstanding any provision of G.S. 160A‑3 to the contrary, a local act shall not supersede the method of partisan election provided for in this subsection.

	

		

	

"Article 24.
"Conduct of Municipal Elections.
"§ 163‑291.  Partisan primaries and elections.
In nominating candidates for office in cities, towns, villages, and special districts, elections shall be conducted on a partisan basis and 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 and second primary shall be held on the seventh day following the primary or second 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.
(6)	Candidates having the right to demand a second primary shall do so not later than 12:00 noon on the Thursday following the canvass of the first primary. 
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"§ 163‑294.1.  Death of candidates or elected officers.
(a)	This section shall apply only to municipal and special district elections.
(b)	If a candidate for political party nomination for office dies, becomes disqualified, or withdraws before the primary but after the ballots have been printed, the provisions of G.S. 163‑112 shall govern.

If a nominee for political party nomination dies, becomes disqualified, or withdraws after the primary and before election day, the provisions of G.S. 163‑114 shall govern.

(c)	If a person elected to any city office dies, becomes disqualified, or resigns on or after election day and before he has qualified by taking the oath of office, the office shall be deemed vacant, and shall be filled as provided by law.
(d)	A vacancy that occurs in a municipal or special district elective office shall be filled by the governing body as provided in G.S. 160A‑63. In the case of a special district, the words "city council" as used in G.S. 160A‑63, shall mean the governing body of the special district.
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"§ 163‑294.4.  Failure of candidates to file; death of a candidate before election.
	
(b)	If at the time the filing period closes only two persons have filed notice of candidacy for election to a single office or only as many persons have filed notices of candidacy for group offices as there are offices to be filled, and thereafter one of the candidates dies before the election and before the ballots are printed, the board of elections shall, upon notification of the death, immediately reopen the filing period for an additional five days during which time additional candidates shall be permitted to file for election. If the ballots have been printed at the time the board of elections receives notice of the candidate's death, the board shall determine whether there will be sufficient time to reprint them before the election if the filing period is reopened for three days. If the board determines that there will be sufficient time to reprint the ballots, it shall reopen the filing period for three days to allow other candidates to file for election.
(c)	If the ballots have been printed at the time the board of elections receives notice of a candidate's death, and if the board determines that there is not enough time to reprint the ballots before the election if the filing period is reopened for three days, then, regardless of the number of candidates remaining for the office, the ballots shall not be reprinted and the name of the deceased candidate shall remain on the ballots. If a deceased candidate should poll the highest number of votes in the election, even though short of a majority the board of elections shall declare the office vacant and it shall be filled in the manner provided by law. If no candidate in an election receives a majority of the votes cast and the second highest vote is cast for a deceased candidate, no runoff election shall be held, but the board of elections shall declare the candidate receiving the highest vote to be elected.
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"§ 163‑296.  Nomination by petition.
Any qualified voter who seeks to have the voter's name printed on the regular municipal election ballot as an unaffiliated candidate may do so in the manner provided in G.S. 163‑122, except that the petitions and affidavits shall be filed not later than 12:00 noon on the Friday preceding the seventh Saturday before the election, and the petitions shall be signed by a number of qualified voters of the municipality equal to at least four percent (4%) of the whole number of voters qualified to vote in the municipal election according to the voter registration records of the State Board of Elections as of January 1 of the year in which the general municipal election is held. A person whose name appeared on the ballot in a primary election is not eligible to have his name placed on the regular municipal election ballot as an unaffiliated candidate for the same office in that year. The Board of Elections shall examine and verify the signatures on the petition, and shall certify only the names of signers who are found to be qualified registered voters in the municipality. Provided that in the case where a qualified voter seeks to have his name printed on the regular municipal election ballot as an unaffiliated candidate for election from an election district within the municipality, the petition shall be signed by four percent (4%) of the voters qualified to vote for that office.
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"§ 163‑298.  Municipal primaries and elections.
The phrases "county board of elections," and "chairman of the board of elections" as used in this Article, with respect to all municipal primaries and elections, shall mean the county board of elections and its chairman in all municipalities. The words "general election," as used in this Article, shall include regular municipal elections, except where specific provision is made for municipal elections.
"§ 163‑299.  Ballots; municipal primaries and elections.
(a)	The ballots printed for use in general and special elections under the provisions of this Article shall contain:
(1)	The names of all candidates who have been put in nomination in accordance with the provisions of this Chapter by any political party recognized in this State.
(2)	The names of all persons who have qualified as unaffiliated candidates under the provisions of G.S. 163‑296.
(3)	All questions, issues and propositions to be voted on by the people.
(b)	The form of municipal ballots to be used in partisan municipal elections shall be the same as the form prescribed in this Chapter for the county ballot.
(c)	The names of candidates for nomination or election in municipal primaries or elections shall be placed on the ballot in strict alphabetical order, unless the municipal governing body has adopted a resolution no later than 60 days prior to a primary or election requesting that candidates' names be rotated on ballots. In the event such a resolution has been adopted, then the board of elections responsible for printing the ballots shall have them printed so that the name of each candidate shall, as far as practicable, occupy alternate positions on the ballot; to that end the name of each candidate shall occupy with reference to the name of every other candidate for the same office, first position, second position and every other position, if any, upon an equal number of ballots, and the ballots shall be distributed among the precinct voting places impartially and without discrimination.
(d)	The provisions of Articles 14A and 15A of this Chapter shall apply to ballots used in municipal primaries and elections in the same manner as it is applied to county ballots.
(e)	The rules contained in G.S. 163‑182.1 and G.S. 163‑182.2 for counting primary ballots shall be followed in counting ballots in municipal  primaries.
(f)	The requirements contained in G.S. 163‑182.2(b) shall apply to all municipal elections.
(g)	The county board of elections shall, in addition to the requirements contained in G.S. 163‑182.5 canvass the results in a special district election, the number of legal votes cast in each precinct for each candidate, the name of each person voted for, and the total number of votes cast in the municipality or special district for each person for each different office.
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SECTION 3.4.(a)  This act shall have the effect of repealing any provisions of local or special acts relating to the nonpartisan municipal elections. This act shall not affect the filling of a vacancy in a municipal election that occurs for a seat elected prior to the effective date of this act.
SECTION 3.4.(b)  Any local act requiring a municipal election to be conducted in an odd‑numbered year shall be held as a partisan election beginning in 2017.

Part 4. Application of this act
SECTION 4.1.  In applying this act, a candidate's party affiliation or unaffiliated status shall be based on the party affiliation or unaffiliated status under which the candidate registered at the general election immediately preceding the candidate's filing for office pursuant to this act.
Part 5. Effective Date
SECTION 5.1.  This act is effective with respect to primaries and elections held on or after January 1, 2016.