GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 257*

 
 
Short Title:	Ballot Access Changes.	()	
Sponsors:	Representatives Alexander, Bonner;  Barefoot, Insko, Luebke, and Nesbitt.	
Referred to:	Election Law and Campaign Finance Reform.	
February 27, 2001

	A BILL TO BE ENTITLED
AN ACT to make changes to the ballot access laws.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 163‑96 reads as rewritten:
"§ 163‑96. 'Political party' defined; creation of new party.
(a)	Definition. ‑‑ A political party within the meaning of the election laws of this State shall be either:
(1)	Any group of voters which, at the last preceding general State election, polled for its candidate for Governor, or for presidential electors, at least ten percent (10%) of the entire vote cast in the State for Governor or for presidential electors; or
(2)	Any group of voters which shall have filed with the State Board of Elections petitions for the formulation of a new political party which are signed by registered and qualified voters in this State equal in number to two percent (2%) of the total number of voters who voted in the most recent general election for Governor. Also the petition must be signed by at least 200 registered voters from each of four congressional districts in North Carolina. To be effective, the petitioners must file their petitions with the State Board of Elections before 12:00 noon on the   last Friday in July 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 petitions filed with it and shall immediately communicate its determination to the State chairman of the proposed new political party.
(b)	Petitions for New Political Party. ‑‑ Petitions for the creation of a new political party shall contain on the heading of each page of the petition in bold print or all in capital letters the words: "THE UNDERSIGNED REGISTERED VOTERS IN ________ COUNTY HEREBY PETITION FOR THE FORMATION OF A NEW POLITICAL PARTY TO BE NAMED ________________, WITH NORTH CAROLINA HEADQUARTERS AT ____________ AND REACHABLE BY TELEPHONE AT ________ . THE SIGNERS OF THIS PETITION REQUEST THAT THE CANDIDATES OF THAT PARTY BE LISTED ON THE BALLOT IN THE ELECTION CYCLE SPANNING THE YEARS OF________________."
All printing required to appear on the heading of the petition shall be in type no smaller than 10 point or in all capital letters, double spaced typewriter size. In addition to the form of the petition, the organizers and petition circulators shall inform the signers of the general purpose and intent of the new party.
The petitions must specify the name selected for the proposed political party. The State Board of Elections shall reject petitions for the formation of a new party if the name chosen contains any word that appears in the name of any existing political party recognized in this State or if, in the Board's opinion, the name is so similar to that of an existing political party recognized in this State as to confuse or mislead the voters at an election.
The petitions must state the name and address of the State chairman of the proposed new political party.
(b1)	Each petition shall be presented to the chairman of the board of elections of the county in which the signatures were obtained, and it shall be the chairman's duty:
(1)	To examine the signatures 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 his county.
(2)	To attach to the petition his signed certificate
a.	Stating that the signatures on the petition have been checked against the registration records and
b.	Indicating the number found qualified and registered to vote in his county.
(3)	To return each petition, together with the certificate required by the preceding subdivision, to the person who presented it to him for checking.
The group of petitioners shall submit the petitions to the chairman of the county board of elections in the county in which the signatures were obtained 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 as provided in subsection (a)(2) of this section. Provided the petitions are timely submitted, the chairman of the county board of elections shall proceed to examine and verify the signatures under the provisions of this subsection. Verification shall be completed within two weeks from the date such petitions are presented.
(c)	Repealed by Session Laws 1983, c. 576, s. 3." 
SECTION 2.  G.S. 163‑97 reads as rewritten:
"§ 163‑97. Termination of ballot status as political party.
When any political party fails to poll for its candidate for governor, or for presidential electors, at least ten percent (10%) of the entire vote cast in the State for governor or for presidential electors at a general election, it shall cease to be included on the ballot as a political party."
SECTION 3.  G.S. 163‑97.1 reads as rewritten:
"§ 163‑97.1. Voters affiliated with political party after loss of ballot status.
"Any voter registered with a political party shall be allowed to retain that affiliation even if that party loses its ballot status under the provisions of G.S. 163-97. Within 90 days after a party loses its ballot status, the county board of elections shall notify each voter affiliated with that party of the legal consequences of continued affiliation with the party, including potential inability to vote in any party primary."
SECTION 4.  G.S. 163‑98 reads as rewritten:
"§ 163‑98. General election participation by new political party.
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 offices printed on the official ballots.
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 90th day prior to the general election, the president 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. The State Board of Elections shall   print, or direct the appropriate board of elections to print, the names thus certified on the appropriate ballots as the nominees of the new party."
SECTION 5.  G.S. 163‑122 reads as rewritten:
"§ 163‑122. Unaffiliated candidates nominated by petition.
(a)	Procedure for Having Name Printed on Ballot as Unaffiliated Candidate. ‑‑ Any qualified voter who seeks to have his name printed on the general election ballot as an unaffiliated candidate shall:
(1)	If the office is President, Vice President, Presidential elector, or another office elected statewide, file written petitions with the State Board of Elections supporting his candidacy for a specified office. These petitions must be filed with the State Board of Elections on or before 12:00 noon on the last Friday in July preceding the general election and must be signed by qualified voters of the State equal in number to one and one-half percent (1.5%) of the total number of voters who voted in the most recent general election for Governor. Also the petition must be signed by at least 200 registered voters from each of four congressional districts in North Carolina. 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 his county and shall attach to the petition his 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 his county. The chairman shall return each petition, together with the certificate required in this section, to the person who presented it to him 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)	If the office is a district office comprised of two or more counties, file written petitions with the State Board of Elections supporting his candidacy for a specified office. These petitions must be filed with the State Board of Elections on or before 12:00 noon on the last Friday in July preceding the general election and must be signed by qualified voters of the district equal in number to four percent (4%) of the total number of total number of voters who voted in the district in the most recent general election for Governor. Each petition shall be presented to the chairman of the board of elections of the county in which the signatures were obtained. The chairman shall examine the names on the petition and the procedure for certification and deadline for submission to the county board shall be the same as specified in (1) above.
(3)	If the office is a county office or a single county legislative district, file written petitions with the chairman or director of the county board of elections supporting his candidacy for a specified county office. These petitions must be filed with the county board of elections on or before 12:00 noon on the last Friday in July preceding the general election and must be signed by qualified voters of the county equal in number to four percent (4%) of the total number of voters who voted in the county in the most recent general election for Governor, except if the office is for a district consisting of less than the entire county and only the voters in that district vote for that office, the petitions must be signed by qualified voters of the district equal in number to four percent (4%) of the total number of voters who voted in the district in the most recent general election for Governor. Each petition shall be presented to the chairman or director of the county board of elections. 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 (1) above.
(4)	If the office is a partisan municipal office, file written petitions with the chairman or director of the county board of elections in the county wherein the municipality is located supporting his candidacy for a specified municipal office. These petitions must be filed with the county board of elections on or before the time and date specified in G.S. 163‑296 and must be signed by the number of qualified voters specified in G.S. 163‑296. The procedure for certification shall be the same as specified in (1) above.
Upon compliance with the provisions of (1), (2), (3), or (4) of this subsection, 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 G.S. 163‑140.
An individual whose name appeared on the ballot in a primary election preliminary to the general election shall not be eligible to have his 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 IN THE NEXT GENERAL ELECTION. THE UNDERSIGNED HEREBY PETITION THAT THIS 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."
SECTION 6.  G.S. 163‑209 reads as rewritten:
"§ 163‑209.  Names of presidential electors not printed on ballots.
The names of candidates for electors of President and Vice‑President nominated by any political party recognized in this State under G.S. 163‑96, or nominated under G.S. 163‑1(c) by a candidate for President of the United States who has qualified to have his name printed on the general election ballot as an unaffiliated candidate under G.S. 163‑122, shall be filed with the Secretary of State but shall not be printed on the ballot. The names of candidates for electors and of candidates for President and Vice President shall be filed with the Secretary of State no later than 12:00 noon on the 90th day before the general election, or two days after that political party's national convention, whichever is later, but in no event later than August 20. In place of the electors' names, in accordance with the provisions of G.S. 163‑140 there shall be printed on the ballot the names of the candidates for President and Vice‑President of each political party recognized in this State, and the name of any candidate for President who has qualified to have his name printed on the general election ballot under G.S. 163‑122. A candidate for President who has qualified for the general election ballot as an unaffiliated candidate under G.S. 163‑122 shall, no later than 12:00 noon on the 90th day before the general election, file with the State Board of Elections the name of a candidate for Vice‑President, whose name shall also be printed on the ballot. A vote for the candidates named on the ballot shall be a vote for the electors of the party or unaffiliated candidate by which those candidates were nominated and whose names have been filed with the Secretary of State."
SECTION 7.  G.S. 163‑123 reads as rewritten:
"§ 163‑123. Declaration of intent and petitions for write‑in candidates in partisan elections.
(a)	Procedure for Qualifying as a Write‑In Candidate. ‑‑ Any qualified voter who seeks to have write‑in votes for him counted in a general election shall file a declaration of intent in accordance with subsection (b) of this section and petition(s) in accordance with subsection (c) of this section.
(b)	Declaration of Intent. ‑‑ The applicant for write‑in candidacy shall file his declaration of intent at the same time and with the same board of elections as his petition, as set out in subsection (c) of this section. The declaration shall contain:
(1)	Applicant's name,
(2)	Applicant's residential address,
(3)	Declaration of applicant's intent to be a write‑in candidate,
(4)	Title of the office sought,
(5)	Date of the election,
(6)	Date of the declaration,
(7)	Applicant's signature.
(c)	Petitions for Write‑in Candidacy. ‑‑ An applicant for write‑in candidacy shall:
(1)	If the office is President, Vice President, Presidential elector, or another office elected statewide, file written petitions with the State Board of Elections supporting his candidacy for a specified office. These petitions shall be filed on or before noon on the 90th day  before the general election. They shall be signed by 500 qualified voters of the State. 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 board of elections of the county in which the signatures were obtained. A petition presented to a county board of elections shall contain only names of voters registered in that county. Provided the petitions are timely submitted, the chairman of the county board of elections shall examine the names on the petition and place a check mark by the name of each signer who is qualified and registered to vote in his county. The chairman of the county board shall attach to the petition his signed certificate. On his certificate the chairman shall state that the signatures on the petition have been checked against the registration records and shall indicate the number of signers who are qualified and registered to vote in his county and eligible to vote for that office. The chairman shall return each petition, together with the certificate required in this section, to the person who presented it to him for checking. The chairman of the county board shall complete the verification within two weeks from the date the petition is presented.
(2)	If the office is a district office comprising all or part of two or more counties, file written petitions with the State Board of Elections supporting his candidacy for a specified office. These petitions must be filed with the State Board of Elections on or before noon on the 90th day  before the general election and must be signed by 250 qualified voters. Before being filed with the State Board of Elections, each petition shall be presented to the board of elections of the county in which the signatures were obtained. A petition presented to a county board of elections shall contain only names of voters registered in that county who are eligible to vote for that office. The chairman of the county board shall examine the names on the petition and the procedure for certification shall be the same as specified in subdivision (1).
(3)	If the office is a county office, or is a school administrative unit office elected on a partisan basis, or is a legislative district consisting of a single county or a portion of a county, file written petitions with the county board of elections supporting his candidacy for a specified office. A petition presented to a county board of elections shall contain only names of voters registered in that county. These petitions must be filed on or before noon on the 90th day before the general election and must be signed by 100 qualified voters who are eligible to vote for the office, unless fewer than 5,000 persons are eligible to vote for the office as shown by the most recent records of the appropriate board of elections. If fewer than 5,000 persons are eligible to vote for the office, an applicant's petition must be signed by not less than one percent (1%) of those registered voters. Before being filed with the county board of elections, each petition shall be presented to the county board of elections for examination. The chairman of the county board of elections shall examine the names on the petition and the procedure for certification shall be the same as specified in subdivision (1). 
(d)	Form of Petition. ‑‑ Petitions requesting the qualification of a write‑in candidate in a general election shall contain on the heading of each page of the petition in bold print or in capital letters the words: "THE UNDERSIGNED REGISTERED VOTERS IN _______________ COUNTY HEREBY PETITION ON BEHALF OF _____________________ AS A WRITE‑IN CANDIDATE IN THE NEXT GENERAL ELECTION. THE UNDERSIGNED HEREBY PETITION THAT SUBJECT CANDIDATE BE PLACED ON THE LIST OF QUALIFIED WRITE‑IN CANDIDATES WHOSE VOTES ARE TO BE COUNTED AND RECORDED IN ACCORDANCE WITH G.S. 163‑123."
(e)	Defeated Primary Candidate. ‑‑ No person whose name appeared on the ballot in a primary election preliminary to the general election shall be eligible to have votes counted for him as a write‑in candidate for the same office in that year.
(f)	Counting and Recording of Votes. ‑‑ If a qualified voter has complied with the provisions of subsections (a), (b), and (c) and is not excluded by subsection (e), the board of elections with which petition has been filed shall count votes for him according to the procedures set out in G.S. 163‑170(5), and the appropriate board of elections shall record those votes on the official abstract. Write‑in votes for names other than those of qualified write‑in candidates shall not be counted for any purpose and shall not be recorded on the abstract.
(g)	Municipal and Nonpartisan Elections Excluded. ‑‑ This section does not apply to municipal elections conducted under Subchapter IX of Chapter 163 of the General Statutes, and does not apply to nonpartisan elections."
SECTION 8.  This act becomes effective with respect to elections held on and after January 1, 2002.