NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 225

SENATE BILL 39

 

 

AN ACT TO PROVIDE FOR A PRESIDENTIAL PREFERENCE PRIMARY ELECTION. PRESCRIBING NOMINATION AND BALLOTING: SPECIFYING SELECTION AND OBLIGATIONS OF DELEGATES.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 163 of the General Statutes of North Carolina is hereby amended by inserting therein a new article to be designated as Article 18A and to read as follows:

"Article 18A.

Presidential Primary Act.

"G.S. 163-213.1.  Short title. — This article may be cited as the 'Presidential Primary Act.'

"G.S. 163-213.2.  Presidential primary, date of election. — Beginning with the primary elections to be conducted in 1972 and every four years thereafter, as directed in G.S. 163-1(b), the voters of this State shall be given an opportunity to express their preference for the person to be the presidential candidate of their political party.

"G.S. 163-213.3.  Conduct of election. — The presidential primary election shall be conducted and canvassed by the same authority and in the manner provided by law for the conduct and canvassing of the primary election for the office of Governor and all other offices enumerated in G.S. 163-187 and under the same provisions stipulated in G.S. 163-188. The State Board of Elections shall have authority to promulgate reasonable rules and regulations, not inconsistent with provisions contained herein, pursuant to the administration of this Act.

"G.S. 163-213.4.  Nomination by State Board of Elections. — The State Board of Elections shall convene in Raleigh on the date prescribed for the deadline for candidates filing for State and National offices in G.S. 163-106(c). At the meeting required by this section the State Board of Elections shall nominate as presidential primary candidates all of those generally advocated and nationally recognized as candidates of the political parties, qualified under provisions of Article 9 of Chapter 163 of the General Statutes, for the office of President of the United States. Immediately upon completion of this requirement the Board shall release, to the news media, all such nominees selected. Provided, however, nothing shall prohibit the partial selection of nominees prior to the meeting required by this section, if all provisions of G.S. 163-213.6 have been complied with. Upon the completion of the form and the filing fee as required by G.S. 163-213.6, the Board shall release the partial selection of nominees to the news media.

"G.S. 163-213.5.  Nomination by petition. — Any person seeking the endorsement by the national political party for the office of President of the United States, or any group organized in this state on behalf of, and with the consent of, such person, may file with the State Board of Elections petitions signed by 10,000 persons who, at the time they sign are registered and qualified voters in this state and are affiliated, by such registration, with the same political party as the candidate for whom the petitions are filed. Such petitions shall be certified promptly by the chairman of the board of elections of the county in which the signatures were obtained and shall be filed by the petitioners with the State Board of Elections no later than 5:00 p.m. on the fifteenth day following the date on which the State Board of Elections is required to meet as directed by G.S. 163-213.4.

The petitions must state the name of the candidate for nomination, along with a letter of approval signed by such candidate. Said petitions must also state the name and address of the chairman of any such group organized to circulate petitions authorized under this section. The requirement for signers of such petitions shall be the same as now required under provisions of G.S. 163-96(b)(1) and (2). The requirement of the respective chairmen of county boards of elections shall be the same as now required under the provisions of G.S. 163-96(b)(1) and (2) as they relate to the chairman of the county board of elections.

The group of petitioners shall pay to the chairman of the county board of elections a fee often cents (10¢) for each signature he is required to examine and verify under the provisions of this section.

The State Board of Elections shall forthwith determine the sufficiency of petitions filed with it and shall immediately communicate its determination to the chairman of such group organized to circulate petitions. The form and style of petition shall be as prescribed by the State Board of Elections.

"G.S. 163-213.6.  Notification to candidates; filing fee. — The State Board of Elections shall forthwith contact each person who has been nominated by the Board or by petition and notify him in writing by registered mail with return receipt requested, that his name will be printed as a candidate on the North Carolina presidential primary ballot, provided such candidates as are nominated by the State Board of Elections shall, within 15 days after receipt of the notification submit a filing fee of one thousand dollars ($1,000) to the State Board of Elections along with a 'Notice of Candidacy' form to be supplied by the Board. Candidates nominated by petition under the provisions of this Article shall not be required to submit the filing fee required by this section. Failure of candidates, nominated by the State Board of Elections, to submit such fee and execute such 'Notice of Candidacy' shall be a disclaimer and a withdrawal of the name from the primary.

"G.S. 163-213.7.  Voting in presidential primary; ballots. — The names of all candidates in the presidential primary shall appear with the names of the candidates for other offices of their respective parties at an appropriate place on the ballot or voting machine. The voter shall be able to cast his ballot for one of the presidential candidates of his party, but shall not be permitted to vote for candidates of a political party different from his registration. Persons registered as 'Independents' or 'No Party' shall not participate in the presidential primary except upon changing such affiliation in accordance with law. The State Board of Elections shall have authority, in its sole discretion, to print a separate ballot for presidential candidates or to combine it with some or all of the ballots presently authorized under the provisions of G.S. 163-109(b).

"G.S. 163-213.8.  Political parties bound by results of primary; first ballot. — (a) Upon the completion of the official canvass of the results of the primary by the State Board of Elections, the Secretary of State shall certify to the State Chairman of each political party participating in the primary the following:

(1)        the names of the candidates, entitled to delegate votes under provisions of G.S. 163-213.9; and

(2)        the total vote received by each; and

(3)        a declaration that the results of the Presidential Primary, in accordance with the division of votes reflected by the official canvass, shall be the official vote, cast by each political party at its National Convention, on the first ballot only, and shall be designated by this Act as an automatic vote, expressing the will of the people of the State of North Carolina, and

(4)        after the vote on the first ballot by a political party at its National Convention, as required by this Article, all responsibility under this Act shall terminate and further balloting shall be the prerogative of the political parties as might be prescribed by the rules of such political parties.

"G.S. 163-213.9.  Number of votes to be cast for candidates participating in primary. — (a) The four candidates receiving the highest number of votes, or all candidates if there are fewer than four participating in the primary, provided each such candidate receives at least 15% of the total vote cast by his political party, shall be awarded a pro-rata portion of the authorized delegate vote of his political party as follows:

(1)        the names of the candidates, entitled to delegate votes under provisions of this Article and subsections herein shall, when combined, be equal to 100%; and

(2)        each such candidate shall share in the total percentage in direct proportion to the total vote received by him as is calculated to represent the total vote received by him as it is mathematically determined to be the percentage of the aggregate vote which represents 100%; and

(3)        each political party shall appropriate such percentage, as is determined by this section, to the total number of delegate votes as are allotted by the national committee of each party; and

(4)        each political party shall, on the first ballot at its National Convention, cast this State’s vote for the candidates as determined by the primary and calculated under this section.

Provided, however, in the event of the death or the withdrawal of a candidate receiving votes under this section prior to the tabulation of the first ballot, any delegate votes allocated to such candidate who dies or withdraws shall be considered uncommitted. Withdrawal as it appears in the preceding sentence shall mean notice in writing by the candidate to the Chairman of the North Carolina delegation prior to the first ballot.

"G.S. 163-213.10.  It shall be the responsibility of the State Chairman of each political party, qualified under the laws of this state, to notify his party’s National Committee no later than January 30 of each year in which such Presidential Primary shall be conducted of the provisions contained herein relating to the automatic vote on the first ballot as required under this Act."

Sec. 2.  This Act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 22nd day of April, 1971.