§ 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:



President                                                         Vacancy is to be filled by appointment of

Vice President                                                       national executive committee of

                                                                              political party in which vacancy occurs


Presidential elector or alternate elector           Vacancy is to be filled by appointment of

Any elective State office                                      State executive committee of political

United States Senator                                           party in which vacancy occurs


A district office, including:                            Appropriate district executive committee of

     Member of the United States House               political party in which vacancy occurs

          of Representatives

     District Attorney

     State Senator in a multi-county

          senatorial district

     Member of State House of

          Representatives in a multi-county

          representative district


State Senator in a single-county                     County executive committee of political

     senatorial district                                              party in which vacancy occurs,

Member of State House of                                    provided, in the case of the State

     Representatives in a single-county                   Senator or State Representative in a

     representative district                                       single-county district where not all the

Any elective county office                                    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, that has jurisdiction over the ballot item under G.S. 163-182.4. If at the time a nomination is made under this section the general election ballots have already been printed, the provisions of G.S.163-165.3(c) shall apply. If a vacancy occurs in a nomination of a political party and that 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.

An individual whose name appeared on the ballot in a primary election preliminary to the general election shall not be eligible to be nominated to fill a vacancy in the nomination of another party for the same office in the same year. (1929, c. 164, s. 19; 1967, c. 775, s. 1; 1973, c. 793, s. 45; 1981 (Reg. Sess., 1982), c. 1265, ss. 4, 5; 1987, c. 509, s. 10; c. 526; c. 738, s. 124; 1987 (Reg. Sess., 1988), c. 1037, s. 126.1; 1991, c. 727, s. 8; 1996, 2nd Ex. Sess., c. 9, s. 13; 2001-353, s. 1; 2001-403, s. 8; 2001-460, s. 4; 2003-142, s. 1; 2006-234, s. 6.)