GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H D
HOUSE DRH10065-LU-21 (12/16)
Short Title: Eliminate Second Primaries. |
(Public) |
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Sponsors: |
Representative Floyd. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to eliminate second primaries and make other conforming statutory changes.
The General Assembly of North Carolina enacts:
SECTION 1. 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, the second primary, if
necessary, shall be held on the second primary election date for county
officers in that year,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 on the general election date for the second primary 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, and the runoffs, if
necessary, shall be held on the date for the second primary for county officers
in that year.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 2. G.S. 163‑55(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, second primary,
general election, special election, or referendum."
SECTION 3. G.S. 163‑82.6(d) reads as rewritten:
"(d) 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. 163‑82.3(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. 163‑88.1, and may
appeal the denial to the full county board of elections. The State Board of
Elections shall promulgate rules for the county boards of elections to follow
in hearing appeals for denial of primary or election day applications to
register. No person shall be permitted to register on the day of a second
primary unless he shall have become qualified to register and vote between the
date of the first primary and the date of the succeeding second primary."
SECTION 4. G.S. 163‑82.17(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. 163‑82.6 before the election,
indicate the change on an application form as described in G.S. 163‑82.3
or on a voter registration card described in G.S. 163‑82.8. No
registrant shall be permitted to change party affiliation or unaffiliated
status for a primary, second primary, or special or general election
after the deadline for registration applications for that election as set out
in G.S. 163‑82.6."
SECTION 5. G.S. 163‑111 reads as rewritten:
"§ 163‑111.
Determination of primary results; second primaries.results.
(a) Nomination Determined by Substantial Plurality;
Definition of Substantial Plurality. – Except as otherwise provided in this
section, nominations in primary elections shall be determined by a substantial
plurality of the votes cast. A substantial plurality within the meaning of this
section Nominations in primary elections 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 substantial
plurality shall be ascertained by multiplying the total vote cast for all
aspirants by forty percent (40%). Any excess of the sum so ascertained shall be
a substantial plurality, and the aspirant who obtains a substantial plurality
shall be declared the nominee. If two candidates receive a substantial
plurality, the candidate receiving the highest vote 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, the substantial plurality shall be ascertained by
dividing the total vote cast for all aspirants by the number of positions to be
filled, and by multiplying the result by forty percent (40%). Any excess of the
sum so ascertained shall be a substantial plurality, and the aspirants who
obtain a substantial plurality shall be declared the nominees. If more
candidates obtain a substantial plurality than there are positions to be
filled, thosethe nominees having the highest vote 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.
(b) Right to Demand Second Primary. – If an
insufficient number of aspirants receive a substantial plurality of the votes
cast for a given office or group of offices in a primary, a second primary,
subject to the conditions specified in this section, shall be held:
(1) If a nominee for a single office is to be
selected and no aspirant receives a substantial plurality of the votes cast,
the aspirant receiving the highest number of votes shall be declared nominated
by the appropriate board of elections unless the aspirant receiving the second
highest number of votes shall request a second primary in accordance with the
provisions of subsection (c) of this section. In the second primary only the
two aspirants who received the highest and next highest number of votes shall be
voted for.
(2) If nominees for two or more offices
(constituting a group) are to be selected and aspirants for some or all of the
positions within the group do not receive a substantial plurality of the votes,
those candidates equal in number to the positions remaining to be filled and
having the highest number of votes shall be declared the nominees unless some
one or all of the aspirants equal in number to the positions remaining to be
filled and having the second highest number of votes shall request a second
primary in accordance with the provisions of subsection (c) of this section. In
the second primary to select nominees for the positions in the group remaining
to be filled, the names of all those candidates receiving the highest number of
votes and all those receiving the second highest number of votes and demanding
a second primary shall be printed on the ballot.
(c) Procedure for Requesting Second Primary.
–
(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 with the Executive Director of the State Board of Elections
no later than 12:00 noon on the ninth 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
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,
District Attorneys of the General Court of Justice,
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.
(2) 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 with the chairman or director of the county board of
elections no later than 12:00 noon on the ninth 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 county board of
elections:
State Senators in single‑county senatorial districts,
Members of the State House of Representatives in single‑county
representative districts, and
All county officers.
(3) Immediately upon receipt of a request for
a second primary the appropriate board of elections, State or county, shall
notify all candidates entitled to participate in the second primary, by
telephone followed by written notice, that a second primary has been requested
and of the date of the second primary.
(d) Tie Votes; How Determined. –
(1) In the event of a tie for the highest
number of votes in a first primary between two candidates for party nomination
for a single county, or single‑county legislative district office, the
board of elections of the county in which the two candidates were voted for
shall conduct a recount and declare the results. If the recount shows a tie
vote, a second primary shall be held on the date prescribed in subsection (e)
of this section between the two candidates having an equal vote, unless one of
the aspirants, within three days after the result of the recount has been
officially declared, files a written notice of withdrawal with the board of
elections with which he filed notice of candidacy. Should that be done, the
remaining aspirant shall be declared the nominee. In the event of a tie for the
highest number of votes in a first primary among more than two candidates for
party nomination for one of the offices mentioned in this subdivision, no
recount shall be held, but all of the tied candidates shall be entered in a
second primary.
(2) In the event of a tie for the highest
number of votes in a first primary between two candidates for a State office,
for United States Senator, or for any district office (including State Senator
in a multi‑county senatorial district and member of the State House of
Representatives in a multi‑county representative district), no recount
shall be held solely by reason of the tie, but the two candidates having an
equal vote shall be entered in a second primary to be held on the date
prescribed in subsection (e) of this section, unless one of the two candidates
files a written notice of withdrawal with the State Board of Elections within
three days after the result of the first primary has been officially declared
and published. Should that be done, the remaining aspirant shall be declared
the nominee. In the event of a tie for the highest number of votes in a first
primary among more than two candidates for party nomination for one of the
offices mentioned in this subdivision, no recount shall be held, but all of the
tied candidates shall be entered in a second primary.
(3) In the event one candidate receives the
highest number of votes cast in a first primary, but short of a substantial
plurality, and two or more of the other candidates receive the second highest
number of votes cast in an equal number, the proper board of elections shall
declare the candidate having the highest vote to be the party nominee, unless
all but one of the tied candidates give written notice of withdrawal to the
proper board of elections within three days after the result of the first primary
has been officially declared. If all but one of the tied candidates withdraw
within the prescribed three‑day period, and the remaining candidate
demands a second primary in accordance with the provisions of subsection (c) of
this section, a second primary shall be held between the candidate who received
the highest vote and the remaining candidate who received the second highest
vote.
(e) Date of Second Primary; Procedures. – If
a second primary is required under the provisions of this section, the appropriate
board of elections, State or county, shall order that it be held 10 weeks after
the first primary if any of the offices for which a second primary is required
are for a candidate for the office of United States Senate or member of the
United States House of Representatives. Otherwise, the second primary shall be
held seven weeks after the first primary.
There shall be no registration of voters between the dates
of the first and second primaries. Persons whose qualifications to register and
vote mature after the day of the first primary and before the day of the second
primary may register on the day of the second primary and, when thus
registered, shall be entitled to vote in the second primary. The second primary
is a continuation of the first primary and any voter who files a proper and
timely written affirmation of change of address within the county under the
provisions of G.S. 163‑82.15, in the first primary may vote in the
second primary without having to refile that written affirmation if the voter
is otherwise qualified to vote in the second primary. Subject to this provision
for registration, the second primary shall be held under the laws, rules, and
regulations provided for the first primary.
(f) No Third Primary Permitted. – In no
case shall there be a third primary. The candidates receiving the highest
number of votes in the second primary shall be nominated. If in a second
primary there is a tie for the highest number of votes between two candidates,
the proper party executive committee shall select the party nominee for the
office in accordance with the provisions of G.S. 163‑114."
SECTION 6. G.S. 163‑226(c) reads as rewritten:
"(c) The Term "Election". – As used in
this Subchapter, unless the context clearly requires otherwise, the term "election"
includes a general, primary, second primary, runoff election, bond
election, referendum, or special election."
SECTION 7. G.S. 163‑227.1 is repealed.
SECTION 8. G.S. 163‑227.3(b) is repealed.
SECTION 9. G.S. 163‑258.9(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, except for a second primary.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. For
a second primary which includes a candidate for federal office, the county
board of elections shall transmit a ballot and balloting material to all
covered voters who by that date submit a valid military‑overseas ballot
application no later than 45 days before the second primary. For a second
primary which does not include a candidate for federal office, the transmission
of the ballot and ballot materials shall be as soon as practicable and shall be
transmitted electronically no later than three business days and by mail no
later than 15 days from the date the appropriate board of elections orders that
the second primary be held pursuant to G.S. 163‑111. 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 10. G.S. 163‑258.16(a) reads as rewritten:
"(a) Not later than 100 days before a regularly
scheduled election to which this Article 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. 163‑258.11. For a second primary
required by G.S. 163‑111, the county board of elections shall
prepare, no later than the day following the date the appropriate board of
elections orders that a second primary be held, an election notice for that
jurisdiction to be used in conjunction with the federal write‑in absentee
ballot. 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 11. G.S. 163‑258.29 reads as rewritten:
"§ 163‑258.29. Absentee voting at office of board of elections.
Notwithstanding any other provisions of this Chapter, any covered voter under this Article shall be permitted to vote an absentee ballot pursuant to G.S. 163‑227.2 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. 163‑227.2,
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. 163‑227.2 no later than
5:00 P.M. on the day next preceding the primary, second primary or
election."
SECTION 12. G.S. 163‑278.6(8) reads as rewritten:
"§ 163‑278.6. Definitions.
When used in this Article:
…
(8) The term "election" means any general or
special election, a first or second primary, a run‑off
election, or an election to fill a vacancy. The term "election" shall
not include any local or statewide referendum."
SECTION 13. G.S. 163‑278.13(d) reads as rewritten:
"(d) 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, the day after the primary through the
day of the second primary,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, 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.election."
SECTION 14. G.S. 163‑278.13B(d) is repealed.
SECTION 15. G.S. 163‑278.40B(2) reads as rewritten:
"§ 163‑278.40B. Campaign report; partisan election.
In any city election conducted on a partisan basis in accordance with G.S. 163‑279(a)(2) and 163‑291, the following reports shall be filed in addition to the organizational report:
…
(2) Pre‑election Report. – The treasurer shall
file a report 10 days before the election, unless a second primary is held
and the candidate appeared on the ballot in the second primary, in which case
the report shall be filed 10 days before the second primary.election."
SECTION 16. 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 1973 and every two or four years thereafter as provided by municipal charter on the following days:
…
(2) If the election is partisan, the election shall be
held on Tuesday after the first Monday in November, the firstNovember
and the primary shall be held on the second Tuesday after Labor Day, and
the second primary, if required, shall be held on the fourth Tuesday before the
election.Day."
SECTION 17. 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:
…
(5) The canvass of the primary and second primary shall
be held on the seventh day following the primary or second 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.
(6) Candidates having the right to demand a
second primary shall do so not later than 12:00 noon on the Thursday following
the canvass of the first primary."
SECTION 18. G.S. 163‑329(b1) reads as rewritten:
"(b1) Method for Vacancy Election. – If a vacancy for
the office of justice of the Supreme Court, judge of the Court of Appeals, or
judge of the superior court occurs more than 60 days before the general
election and after the opening of the filing period for the primary, then the
State Board of Elections shall designate a special filing period of one week
for candidates for the office. If more than two candidates file and qualify for
the office in accordance with G.S. 163‑323, then the Board shall
conduct the election for the office as follows:
(1) When the vacancy described in this
section occurs more than 63 days before the date of the second primary for
members of the General Assembly, a special primary shall be held on the same
day as the second primary. The two candidates with the most votes in the
special primary shall have their names placed on the ballot for the general
election held on the same day as the general election for members of the
General Assembly.
(2) When the vacancy described in this
section occurs less than 64 days before the date of the second primary, a
general election for all the candidates shall be held on the same day as
the general election for members of the General Assembly and the results shall
be determined on a plurality basis as provided by G.S. 163‑292.
(3) Repealed by Session Laws 2013‑381,
s. 51.1, effective January 1, 2014."
SECTION 19. This act is effective when it becomes law.