A BILL TO BE ENTITLED
AN ACT to eliminate second primaries.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 163A‑984 reads as rewritten:
"§ 163A‑984.  Determination of primary results.
(a)	Nominations in primary 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 candidate receiving the highest number of votes 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, those having the highest number of votes (equal to the number of positions to be filled) shall be declared the nominees.
(a1)	When more than one person is seeking election to a single office and two or more candidates receiving the highest numbers of votes each receive the same number of votes, the board of elections shall determine the nominee by lot.
(a2)	When there are more persons 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 numbers of votes necessary for nomination each receive the same number of votes, the board of elections shall, from among those candidates receiving the same number of votes, determine the nominee by lot.
(a3)	This section prevails over any local act.

	

	

	

	

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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 at the same time as the election 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, but the results shall instead be determined by the nonpartisan plurality election method under G.S. 163‑292.
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. 163A‑721(b) reads as rewritten:
"(b)	Nominating Procedures. – If a congressional vacancy occurs beginning on the tenth day before the filing period ends under G.S. 163A‑974 preceding the next succeeding general election, candidates for the special election to fill the vacancy shall not be nominated in primaries. Instead, nominations may be made by the political party congressional district executive committees in the district in which the vacancy occurs. The chairman and secretary of each political party congressional district executive committee nominating a candidate shall immediately certify his name and party affiliation to the State Board so that it may be printed on the special election ballots.
If the congressional vacancy occurs before the tenth day before the filing period ends under G.S. 163A‑974 prior to the next succeeding general election, the Governor shall call a special primary for the purpose of nominating candidates to be voted on in a special election called by the Governor in accordance with the provisions of subsection (a) of this section. Such a primary election shall be conducted in accordance with the general laws governing primaries, except that the opening and closing dates for filing notices of candidacy with the State Board shall be fixed by the Governor in his call for the special primary. The Governor may also fix the absentee voting period for the special election and for the special primary, but such period shall not be less than 30 days."
SECTION 4.  G.S. 163A‑841(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 5.  G.S. 163A‑865(f) reads as rewritten:
"(f)	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. 163A‑862(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. 163A‑915, and may appeal the denial to the full county board of elections. The State Board 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 6.  G.S. 163A‑881(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. 163A‑865 before the election, indicate the change on an application form as described in G.S. 163A‑862 or on a voter registration card described in G.S. 163A‑869. 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. 163A‑865."
SECTION 7.  G.S. 163A‑1179(a) reads as rewritten:
"(a)	Notice and Perfection of Appeal. – The decision by the county board of elections on an election protest may be appealed to the State Board by any of the following:
(1)	The person who filed the protest.
(2)	A candidate or elected official adversely affected by the county board's decision.
(3)	Any other person who participated in the hearing and has a significant interest adversely affected by the county board's decision.
Written notice of the appeal must be given to the county board within 24 hours after the county board files the written decision at its office. The appeal to the State Board must be in writing. The appeal must be delivered or deposited in the mail, addressed to the State Board, by the appropriate one of the following: (i) the end of the second day after the day the decision was filed by the county board in its office, if the decision concerns a primary; or (ii) the end of the fifth day after the day the decision was filed in the county board office, if the decision concerns an election other than a primary.
The State Board shall prescribe forms for filing appeals from the county board."
SECTION 8.  G.S. 163A‑1295(d) reads as rewritten:
"(d)	The Term "Election". – As used in this Article, unless the context clearly requires otherwise, the term "election" includes a general, primary, runoff election, bond election, referendum, or special election."
SECTION 9.  G.S. 163A‑1299 is repealed.
SECTION 10.  G.S. 163A‑1305(b) is repealed.
SECTION 11.  G.S. 163A‑1343(a) reads as rewritten:
"(a)	Not later than 60 days before the statewide general election in even‑numbered years and not later than 50 days before any other election, the county board of elections shall transmit a ballot and balloting materials to all covered voters who by that date submit a valid military‑overseas ballot application. Provided, in a presidential election year, the board of elections shall provide general election ballots no later than three days after nomination of the presidential and vice presidential candidates if that nomination occurs later than 63 days prior to the statewide general election and makes compliance with the 60‑day deadline impossible. However, in the case of municipal elections, absentee ballots shall be made available no later than 30 days before an election. If additional offices are added to the ballot to fill a vacancy occurring after the deadline provided by this subsection, those ballots shall be transmitted as soon as practicable."
SECTION 12.  G.S. 163A‑1350(a) reads as rewritten:
"§ 163A‑1350.  Publication of election notice.
(a)	Not later than 100 days before a regularly scheduled election to which this Part applies, and as soon as practicable in the case of an election or vacancy election not regularly scheduled, each county board of elections shall prepare an election notice for that jurisdiction to be used in conjunction with the federal write‑in absentee ballot described in G.S. 163A‑1345. The election notice shall contain a list of all of the ballot measures and federal, State, and local offices that, as of that date, the official expects to be on the ballot on the date of the election. The notice also shall contain specific instructions for how a voter is to indicate on the federal write‑in absentee ballot the voter's choice for each office to be filled and for each ballot measure to be contested."
SECTION 13.  G.S. 163A‑1368 reads as rewritten:
"§ 163A‑1368.  Absentee voting at office of board of elections.
Notwithstanding any other provisions of this Subchapter, any covered voter under this Part shall be permitted to vote an absentee ballot pursuant to G.S. 163A‑1300, 163A‑1301, 163A‑1302, 163A‑1303, and 163A‑1304 if the covered voter has not already voted an absentee ballot which has been returned to the board of elections, and if the covered voter 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 the covered voter applying to vote pursuant to G.S. 163A‑1300, 163A‑1301, 163A‑1302, 163A‑1303, and 163A‑1304, the board of elections shall void the application and ballot unless the voted absentee ballot has been received by the board of elections. The covered voter shall be eligible to vote pursuant to G.S. 163A‑1300, 163A‑1301, 163A‑1302, 163A‑1303, and 163A‑1304 no later than 5:00 P.M. on the day next preceding the primary or election."
SECTION 14.  G.S. 163A‑1411(30) reads as rewritten:
"(30)	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 15.  G.S. 163A‑1425(e) reads as rewritten:
"(e)	For the purposes of this section, the term "an election" means the period of time from January 1 of an odd‑numbered year through the day of the primary or the day after the primary through December 31 of the next even‑numbered year, without regard to whether the candidate is opposed or unopposed in the election."
SECTION 16.  G.S. 163A‑1426(d) is repealed.
SECTION 17.  G.S. 163A‑1497 reads as rewritten:
"§ 163A‑1497.  Campaign report; partisan election.
In any city election conducted on a partisan basis in accordance with G.S. 163A‑1585(a)(2) and G.S. 163A‑1615, 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.
(2)	Pre‑primary Report. – The treasurer shall file a report with the board no later than the tenth day preceding each primary election.
(3)	Pre‑election Report. – The treasurer shall file a report 10 days before the election.
(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 18.  G.S. 163A‑1585(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 19.  G.S. 163A‑1615 reads as rewritten:
"§ 163A‑1615.  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 Subchapter 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:
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(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 20.  This act is effective when it becomes law and applies to primaries held on or after that date.