GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 1184
     

 
Short Title:	Abolish Second Primary.	()	
Sponsors:	Representatives Blue; and Wainwright.	
Referred to:	Election Law and Campaign Finance Reform.	
April 12, 2001

A BILL TO BE ENTITLED
AN ACT to abolish the second primary.

The General Assembly of North Carolina enacts:
PART 1. GENERAL LAW AMENDMENTS
SECTION 1.  G.S. 163‑111 reads as rewritten:
"§ 163‑111.  Determination of primary  results.																
(g)	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 number of votes, equal in number to the number of offices to be filled, shall be declared the nominees.
(h)	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.
(i)	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."
SECTION 2.  G.S. 163‑227.1 is repealed.
SECTION 3. G.S. 163‑227.3(b) is repealed.
SECTION 4.  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 5.  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, except that where a candidate is not on the ballot in a second primary, that second primary is not 'an election' with respect to that candidate."
SECTION 6.  G.S. 163‑278.40B(2)  reads as rewritten:
"(2)	Pre‑election Report. – The treasurer shall file a report 10 days prior to the election."
SECTION 7.  G.S. 163‑279(a)(2) 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 2003 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 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 8.  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, except:
a.	In 2001 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 2002 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 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 9.  G.S. 163‑179.1(a) reads as rewritten:
"(a)	Whenever, according to the canvass made under this Article, the difference between the number of votes received by a candidate  who
	has received the number of votes necessary to be declared nominated for an office in a primary election with a 	majority and the number of votes received by any candidate in the race is not more than one percent (1%) of the total votes which were cast for that office, except in multi‑seat races one percent (1%) of the total votes cast for those two candidates, the county board of elections shall, before declaring the person nominated, order a recount of the primary if a candidate whose votes fell within one percent (1%) of a successful candidate shall, by noon on the second day (Saturdays and Sundays excepted) following the canvass, request in writing such a recount."
SECTION 10.  G.S. 163‑192.1(a) reads as rewritten:
"(a)	Whenever, according to the canvass made under this Article, the difference between the number of votes received by a candidate who
	has received the number of votes necessary to be declared nominated for an office in a primary election with a 
	majority and the number of votes received by any candidate in the race is not more than one percent (1%) of the total votes which were cast for that office, except in multi‑seat races one percent (1%) of the total votes cast for those two candidates, the State Board of Elections shall, before declaring the person nominated, order a recount of the primary if a candidate whose votes, according to a tally of the canvasses made under Article 15 of this Chapter, fell within one percent (1%) of a successful candidate shall, by noon on the eighth day (Saturdays and Sundays included) following the election, request in writing such a recount. Provided, however, that in a statewide contest, no candidate shall be entitled to an automatic recount under this section unless the difference is at least one‑half of one percent (0.5%) of the votes cast, or 10,000 votes, whichever is less. Provided further that if the canvass made under this Article determines that a candidate who was not originally thought to be within the percentage entitling him to a recount based on the tally of canvasses made under Article 15 of this Chapter is in fact within the percentage entitling him to a recount, the Executive Secretary‑Director of the State Board of Elections shall immediately notify the candidate and the candidate shall be entitled to a recount if he so requests within 48 hours of notification."
PART 2. ORANGE COUNTY BOARD OF EDUCATION
SECTION 11.  Section 6 of Chapter 603, Session Laws of 1977, as enacted by Section 2 of Chapter 1214, Session Laws of 1981, reads as rewritten:
"Sec. 6. If a runoff election is required, the runoff election shall be held  on the fourth Tuesday after the primary election, and those persons elected members of Orange County Board of Education shall qualify and take office on the first Monday of the month following their election."
PART 3. YANCEY COUNTY BOARD OF EDUCATION
SECTION 12.  The third and fourth paragraphs of Section 1 of Chapter 203, Session Laws of 1973, as rewritten by Section 1 of Chapter 135, Session Laws of 1985, is amended by deleting the words "on the date provided by G.S. 163‑111(e)" and substituting "on the fourth Tuesday after the primary election".
PART 4. OMNIBUS LOCAL ACT AMENDMENTS
SECTION 13.  Any merger plan adopted under Article 7 of Chapter 115C of the General Statutes or any local act that provides that a nonpartisan runoff election shall be held on the date of the second primary is amended to provide that the runoff election shall be held on the fourth Tuesday after the primary.
SECTION 14.  Any local act or merger plan in conflict with this act is repealed to the extent of the conflict.
SECTION 15.  This act is effective when it becomes law and applies to all primary elections held on or after that date.