GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	1
SENATE BILL 209

 
 
Short Title:	Nonpartisan DA Election.	()	
Sponsors:	Senators Clodfelter;  Dalton, Gulley, Kinnaird, and Odom.	
Referred to:	Judiciary I.	
February 22, 2001

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR NONPARTISAN ELECTION OF DISTRICT ATTORNEYS.

The General Assembly of North Carolina enacts:
SECTION 1.  The title of Subchapter X and Article 25 of Chapter 163 of the General Statutes reads as rewritten:
"SUBCHAPTER X. ELECTION OF DISTRICT ATTORNEYS AND
SUPERIOR COURT JUDGES.
"Article 25.
"Nomination and Election of District Attorneys and
Superior Court Judges."
SECTION 2.  G.S. 163‑321 reads as rewritten:
"§ 163‑321.  Applicability.
The nomination and election of superior court judges of the General Court of Justice and district attorneys shall be as provided by this Article."
SECTION 3.  G.S. 163‑323 reads as rewritten:
"§ 163‑323.  Notice of candidacy.
(a)	Form of Notice. – Each person offering to be a candidate for election shall do so by filing a notice of candidacy with the State Board of Elections in the following form, inserting the words in parentheses when appropriate: 
"Date	:
I hereby file notice that I am a candidate for election to the office of_______ in the regular election to be held ________, ________.
Signed	:
		(Name of Candidate)
Witness:	".
The notice of candidacy shall be either signed in the presence of the chairman or secretary of the State Board of Elections, or signed and acknowledged before an officer authorized to take acknowledgments who shall certify the notice under seal. An acknowledged and certified notice may be mailed to the State Board of Elections. In signing a notice of candidacy, the candidate shall use only the candidate's legal name and, in his discretion, any nickname by which commonly known. A candidate may also, in lieu of that candidate's first name and legal middle initial or middle name, if any, sign that candidate's nickname, provided the candidate appends to the notice of candidacy an affidavit that the candidate has been commonly known by that nickname for at least five years prior to the date of making the affidavit. The candidate shall also include with the affidavit the way the candidate's name (as permitted by law) should be listed on the ballot if another candidate with the same last name files a notice of candidacy for that office.
A notice of candidacy signed by an agent or any person other than the candidate himself shall be invalid.
(b)	Time for Filing Notice of Candidacy. – Candidates seeking election to the following offices shall file their notice of candidacy with the State Board of Elections no earlier than 12:00 noon on the first Monday in January and no later than 12:00 noon on the first Monday in February preceding the election:
Judges of the superior courts.
District attorneys.
(c)	Withdrawal of Notice of Candidacy. – Any person who has filed a notice of candidacy for an office shall have the right to withdraw it at any time prior to the date on which the right to file for that office expires under the terms of subsection (b) of this section.
(d)	Certificate That Candidate Is Registered Voter. – Candidates shall file along with their notice a certificate signed by the chairman of the board of elections or the supervisor of elections of the county in which they are registered to vote, stating that the person is registered to vote in that county, and 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. In issuing such certificate, the chairman or supervisor 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.
(e)	Candidacy for More Than One Office Prohibited. – No person may file a notice of candidacy for more than one office or group of offices described in subsection (b) of this section, or for an office or group of offices described in subsection (b) of this section and an office described in G.S. 163‑106(c), for any one election. If a person has filed a notice of candidacy with a board of elections under this section or under G.S. 163‑106(c) for one office or group of offices, then a notice of candidacy may not later be filed for any other office or group of offices under this section when the election is on the same date unless the notice of candidacy for the first office is withdrawn under subsection (c) of this section."
SECTION 4.  G.S. 163‑325 reads as rewritten:
"§ 163‑325.  Petition in lieu of payment of filing fee.
(a)	General. – Any qualified voter who seeks election under this Article 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 State Board of Elections.
(b)	Requirements of Petition; Deadline for Filing. – If the candidate is seeking the office of district attorney or superior court judge, that individual shall file a written petition with the State Board of Elections no later than 12:00 noon on Monday preceding the filing deadline before the primary. The petition shall be signed by ten percent (10%) of the registered voters of the election area in which the office will be voted for. The board of elections shall verify the names on the petition, and if the petition and notice of candidacy are found to be sufficient, the candidate's name shall be printed on the appropriate ballot. Petitions 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. The State Board of Elections may adopt rules to implement this section and to provide standard petition forms."
SECTION 5.  G.S. 163‑326(b) reads as rewritten:
"(b)	Notification of Local Boards. – No later than 10 days after the time for filing notices of candidacy under the provisions of G.S. 163‑323(b) has expired, the chairman of the State Board of Elections shall certify to the chairman of the county board of elections in each county in the appropriate district the names of candidates for nomination to the offices of district attorney and superior court judge who have filed the required notice and paid the required filing fee or presented the required petition to the State Board of Elections, so that their names may be printed on the official judicial ballot for district attorney and superior court."
SECTION 6.  G.S. 163‑327(b) reads as rewritten:
"(b)	Death, Disqualification, or Resignation of Official After Election. – If a person elected to the office of district attorney or superior  court judge 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."
SECTION 7.  G.S. 163‑332(b) reads as rewritten:
"(b)	Ballots to Be Furnished by County Board of Elections. – It shall be the duty of the county board of elections to print official ballots for the following offices to be voted for in the primary:
Superior court judge.
District attorney.
In printing ballots, the county board of elections shall be governed by instructions of the State Board of Elections with regard to width, color, kind of paper, form, and size of type.
Three days before the election, the chairman of the county board of elections shall distribute official ballots to the chief judge of each precinct in his county, and the chief judge shall give a receipt for the ballots received. On the day of the primary, it shall be the chief judge's duty to have all the ballots so delivered available for use at the precinct voting place."
SECTION 8.  G.S. 163‑106(c) reads as rewritten:
"(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 first Monday in January and no later than 12:00 noon on the first Monday 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 district court
United States Senators
Members of the House of Representatives of the United States

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 first Monday in January and no later than 12:00 noon on the first Monday in February preceding the primary:
State Senators
Members of the State House of Representatives
All county offices."
SECTION 9.  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 he files under the provisions of G.S. 163‑106 a filing fee for the office he seeks 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	One percent (1%) of the annual
Justices	salary of the office sought
and Judges of the General
Court of Justice other than
superior court judge
United States Senator 	One percent (1%) of the annual
		salary of the office sought
Members of the United States	One percent (1%) of the annual
House of Representatives	salary of 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
Representatives	salary of the office sought
All county offices not	One percent (1%) of the annual
compensated by fees	salary of the office sought
County commissioners, if	Ten dollars ($10.00)
compensated entirely by fees
Members of county board of	Five dollars ($5.00)
education, if compensated
entirely by fees
Sheriff, if compensated	Forty dollars ($40.00), plus one
entirely by fees	percent (1%) of the income
	of the office above four
	thousand dollars ($4,000)
Clerk of superior court, if	Forty dollars ($40.00), plus one
compensated entirely by fees	percent (1%) of the income
	of the office above four
	thousand dollars ($4,000)
Register of deeds, if 	Forty dollars ($40.00), plus one
compensated entirely by fees	percent (1%) of the income
	of the office above four
	thousand dollars ($4,000)
Any other county office, if	Twenty dollars ($20.00), plus one
compensated entirely by fees	percent (1%) of the income
	of the office above two
	thousand dollars ($2,000)
All county offices compensated	One percent (1%) of the first
partly by salary and partly	annual salary to be received
by fees	(exclusive of fees)."
SECTION 10.  G.S. 163‑111(c)(1) reads as rewritten:
"(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 or by telegram with the Executive Secretary‑Director of the State Board of Elections no later than 12:00 noon on the seventh 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 Secretary‑Director of the State Board of Elections shall immediately notify such candidate and permit him to exercise any options available to him within a 48‑hour period following the notification:
Governor,
Lieutenant Governor,
All State executive officers,
Justices and Judges of the
General Court of Justice, other than superior court judge,
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 11.  G.S. 163‑140(a)(8) reads as rewritten:
"(8)	Ballot for district attorney and superior court."
SECTION 12.  G.S. 163‑107.1(c) reads as rewritten:
"(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), he 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 ten percent (10%) 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 and judge of the District Court or 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 13.  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	Vacancy is to be filled by
Any elective State office	appointment of State
United States Senator	executive committee of
	political party in which
	vacancy occurs
A district office, including:
Member of the United States
	House of Representatives
Judge of district court	Appropriate district executive
	committee of political party
State Senator in a multi‑	in which vacancy occurs
	county senatorial district
Member of State House of
	Representatives in a multi‑
	county representative district
State Senator in a single‑	County executive committee
	county senatorial district	of political party in which
Member of State House of	vacancy occurs, provided, in
	Representatives in a	the case of the State
	single‑county	Senator or State
	representative district	Representative in a
Any elective county office	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

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, charged with the duty of printing the ballots on which the name is to appear. If at the time a nomination is made under this section the general election ballots have already been printed, the provisions of G.S. 163‑139 shall apply. If any person nominated as a candidate of a political party vacates such nomination and such 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 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."
SECTION 14.  G.S. 163‑135(f) reads as rewritten:
"(f)	Prosecutorial and Judicial Elections. – Except as provided by Article 25 of this Chapter, this Article shall apply to and control all elections for district attorney and judges of the superior court."
SECTION 15.  G.S. 163‑140(b)(9) reads as rewritten:
"(9)	Ballot for district attorney and superior court. The form of the ballot for district attorney and judges of the superior court shall be prepared by the county board of elections. On the face of the ballot, shall be printed instructions for marking the voter's choice, in addition to the following instruction: "If you tear or deface or wrongly mark this ballot, return it and get another." On the bottom of the ballot shall be printed an identified facsimile of the signature of the chairman of the responsible county board of elections. This ballot may not be combined with any other ballot except another judicial ballot."
SECTION 16.  G.S. 163‑191 reads as rewritten:
"§ 163‑191.  Contested primaries and elections; how tie broken.
In a primary for party nomination for one or more of the offices to be canvassed by the State Board of Elections under the provisions of G.S. 163‑187, the results shall be determined in accordance with the provisions of G.S. 163‑111.
In a general election for one or more of the offices to be canvassed by the State Board of Elections under the provisions of G.S. 163‑187, the persons having the highest number of votes for each office, respectively, shall be declared duly elected to that office by the State Board of Elections. But if two or more be equal and highest in votes for the office, then the State Board of Elections shall order a new election for the purpose of breaking the tie except if there is a tie for district attorney or superior court judge the tie shall be broken in accordance with Article 25 of this Chapter."
SECTION 17.  This act is effective when it becomes law.