NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 835

HOUSE BILL 59

 

 

AN ACT TO MAKE UNIFORM THE LAWS CONCERNING REGISTRATION OF VOTERS IN AND THE CONDUCT OF MUNICIPAL ELECTIONS, AND TO REMOVE OBSOLETE MATTER FROM THE GENERAL ELECTION LAWS.

 

The General Assembly of North Carolina enacts:

 

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 23 and to read as follows:

"Article 23

"Municipal Election Procedure

"§ 163-279.  Time of municipal primaries and elections. — (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 years thereafter on the following days:

(1)        If the election is nonpartisan and decided by simple plurality, the election shall be held on Tuesday after the first Monday in November.

(2)        If the election is partisan, the election shall be held on Tuesday after the first Monday in November, the first primary shall be held on the sixth Tuesday before the election, and the second primary, if required, shall be held on the third Tuesday before the election.

(3)        If the election is nonpartisan and the nonpartisan primary method of election is used, the election shall be held on Tuesday after the first Monday in November and the nonpartisan primary shall be held on the fourth Tuesday before the election.

(4)        If the election is nonpartisan and the election and runoff election method of election is used, the election shall be held on the fourth Tuesday before the Tuesday after the first Monday in November, and the runoff election, if required, shall be held on Tuesday after the first Monday in November.

(b)        Notwithstanding the provisions of subsection (a), the next regular municipal primary and election in Winston-Salem shall be held at the time of the primary and election for county officers in 1974. Officers elected at that time shall serve terms of office expiring on the first Monday in December, 1977. Beginning in 1977, municipal primaries and elections in Winston-Salem shall be held at the times provided in this section.

(c)        Officers of sanitary districts elected in 1970 shall hold office until the first Monday in December, 1973, notwithstanding G.S. 130-126. Beginning in 1973, sanitary district elections shall be held at the times provided in this section.

"§ 163-280.  Municipal boards of elections. — (a) In each city, town, and incorporated village of this State that is authorized and elects to conduct its own elections in the manner provided by G.S. 163-285, there shall be a municipal board of elections consisting of three persons of good moral character, who are registered voters of the city. Members of municipal boards of elections shall be appointed by the city council on Friday before the tenth Saturday preceding each regular municipal primary or election, and their terms of office shall be for two years and continue until their successors are appointed.

No person shall serve as a member of a municipal board of elections who holds any elective office, who is a candidate for any elective public office, who is a member of a county board of elections, or who is serving as campaign manager for any candidate in any election.

(b)        On the Monday following the ninth Saturday before the regular municipal primary or election, the newly appointed members of the municipal board of elections shall meet at the city hall or some other place specified by the city council and shall take the following oath of office:

'I, _______, do solemnly swear (or affirm) that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; that I will endeavor to support, maintain, and defend the Constitution of said State, not inconsistent with the Constitution of the United States; and that I will well and truly execute the duties of the office of member of the ______ municipal board of elections to the best of my knowledge and ability, according to law. So help me, God.' After each member has taken the oath, the board shall organize by electing one of its members chairman and another member secretary of the board.

(c)        On the Monday following the seventh Saturday before each regular municipal primary or election, the municipal board of elections shall meet and appoint precinct registrars and judges of elections. The board may hold other meetings at such times and places as the chairman of the board, or any two members thereof, may direct, for the performance of duties prescribed by law. A majority of the members shall constitute a quorum for the transaction of business.

(d)        The municipal board of elections shall keep minutes recording all proceedings and findings at each of its meetings. The minutes shall be recorded in a book which shall be kept in the board office if there be one, otherwise, the minute book shall remain in the custody of the secretary of the board.

(e)        The compensation of members of the municipal board of elections shall be fixed by the city council.

(f)         Municipal boards of elections shall have, with respect to municipal elections, all of the powers conferred on county boards of elections by G.S. 163-33 and G.S. 163-34 with respect to national, State, district, and county elections.

"§ 163-281.  Municipal precinct election officials. — (a) Registrars and judges. At the meeting required by G.S. 163-280(c), the municipal board of elections shall appoint one person to act as registrar and two other persons to act as judges of election for each precinct in the city. If the city and county precincts are identical and the board so chooses, it may decline to exercise its power to appoint precinct registrars and judges, in which event the persons appointed by the county board of elections as precinct registrars and judges in each precinct within the city shall serve as such for municipal elections under authority and subject to the supervision and control of the municipal board of elections. Nothing herein shall prohibit a Municipal Board of Elections from using the registrars and judges of election appointed by the County Board of Elections in those precincts which are not identical provided the County Board of Elections agrees, in writing, to such arrangement. Registrars and judges shall be appointed for terms of two years. Except as modified by this Article, municipal precinct registrars and judges shall meet all of the qualifications, perform all the duties, and have all of the powers imposed and conferred on county precinct registrars and judges by G.S. 16341(a), G.S. 163-47, and G.S. 163-48. Municipal precinct registrars and judges shall not have the powers and duties with respect to registration of voters prescribed by G.S. 163-47(b). Immediately after appointing registrars and judges as herein provided, the municipal board of elections shall publish the names of the persons appointed in some newspaper having a general circulation in the city, or in lieu thereof, by posting at the city hall or some other prominent place within the city, and shall notify each person appointed of his appointment.

(b)        Assistants at polls. Municipal boards of elections shall have the same authority to appoint assistants to aid the registrar and judges as is conferred on county boards of elections by G.S. 163-42.

(c)        Ballot counters. Municipal boards of elections shall have the same authority to appoint ballot counters as is conferred on county boards of elections by G.S. 163-43.

(d)        Markers. Municipal boards of elections shall not appoint markers, and markers shall not be used in municipal elections.

(e)        Watchers. In cities holding partisan municipal elections, the chairman of each political party in the county shall have the same authority to appoint watchers for municipal elections as he has for county elections under G.S. 163-45.

(f)         Compensation. Precinct officials and assistants appointed under this section shall be paid such sums as the city council may fix. County precinct officials and assistants serving in municipal elections in default of appointment of precinct officials by the municipal board of elections shall be compensated by the city in the sums specified in G.S. 163-46.

"§ 163-282.  Residency defined for voting in municipal elections. — The rules for determining residency within a municipality shall be the same as prescribed in G.S. 163‑57 for determining county residency. No person shall be entitled to reside in more than one city or town at the same time.

"§ 163-283.  Right to participate or vote in party primary. — No person shall be entitled to vote or otherwise participate in the primary election of any political party unless he

1.         is a registered voter, and

2.         has declared and has had recorded on the registration book or record   the fact that he affiliates with the political party in whose primary he   proposes to vote or participate, and

3.         is in good faith a member of that party.

Any person who will become qualified by age or residence to register and vote in the general election for which the primary is held, even though not so qualified by the date of the primary election, shall be entitled to register while the registration books are open during the regular registration period prior to the primary and then to vote in the primary after being registered, provided however, under full-time and permanent registration, such an individual may register not earlier than sixty (60) days nor later than twenty-one (21) days prior to the primary.

"§ 163-284.  Mandatory administration by county boards of elections. — (a) No later than 30 days after January 1, 1973, every municipality which conducts its elections on a partisan basis, and every special district shall deliver its registration books to the county board of elections which shall, forthwith, assume the responsibility for administration of the registration and election process in such municipalities and special districts. The county boards of elections shall have authority to compare the registration books of such municipalities and special districts with the county registration books. Any person found to be registered for municipal or special district elections but not registered on the county registration records shall be required to register with the county board of elections in order to maintain his municipal or special district registration. The county board of elections shall notify any such person by mail to the address appearing on the municipal or special district registration records that he must re-register. The county board of elections shall have authority to require maps or definitive outlines of the boundaries constituting such municipality or special district and shall be immediately advised of any change or relocation of such boundaries.

(b)        The registration of voters and the conduct of all elections in municipalities and special districts covered under this section shall be under the authority of the county board of elections. Any contested election or allegations of irregularities shall be made to the county board of elections and appeals from such rulings may be made to the State Board of Elections under existing statutory provisions and rules or regulations adopted by the State Board of Elections.

Each municipality and special district shall reimburse the county board of elections for the actual cost involved in the administration required under (a) and (b) of this section.

"§ 163-284.1.  Special district elections conducted by county. — All elections held in and for a sanitary district, fire district or other special district, including school administrative units, shall be conducted by the county board of elections notwithstanding the fact that the taxes of the special district may be levied by a city.

"§ 163-285.  Administration by county board of elections; optional by municipality. — (a) Any city, town or incorporated village which conducts its elections on a nonpartisan basis may conduct its own elections, or it may request the county board of elections of the county in which it is located to conduct its elections. A county board of elections shall conduct the elections of each city, town or incorporated village so requesting and the city, town or incorporated village shall pay the cost thereof according to a formula mutually agreed upon by the county board of elections and the city council. If a mutual agreement cannot be reached, then the State Board of Elections shall prescribe the agreement, to which both parties are bound, or, in its discretion, the State Board of Elections shall have authority to instruct the county board of elections to decline the administration of the elections for such city, town or incorporated village.

(1)        The elections of cities, towns or incorporated villages which lie in more than one county shall be conducted either (i) by the county in which the greater number of the city's citizens reside, according to the most recent federal census of population, or (ii) jointly by the boards of elections of each county in which such city, town or incorporated village is located, as may be mutually agreed upon by the county boards of elections so affected. The State Board of Elections shall have authority to promulgate regulations for more detailed administration and conduct of municipal elections by county boards of elections for cities situated in more than one county.

(2)        Any city, town or incorporated village electing to have its elections conducted by the county board of elections as provided by this section, shall do so no later than January 1, 1973 provided, however, the county board of elections shall be entitled to ninety (90) days notice prior to the effective date decided upon by the municipality. For efficient administration the State Board of Elections shall have the authority to delay the effective date of all such agreements under this section and shall set a date certain on which 1230 such agreements shall commence. The State Board of Elections shall also have the authority to permit any city, town or incorporated village to exercise the options under this act subsequent to the deadline stated in this section.

(3)        If any city, town or incorporated village, operating under this section, shall decide that a full-time registration office is needed in such city, then it shall be the duty of the county board of elections to appoint such registration commissioner who shall be attendant to the duties of registration of voters or other such duties as might be assigned by the county board of elections. Such registration commissioner shall be titled 'city registrar' and shall be provided office space and equipment by the city, town or incorporated village requesting such 'city registrar'. Persons appointed by the county board of elections to such positions shall be paid by the city, town or incorporated village at the rate of not less than $20.00 per day and such persons shall be appointed by the county board of elections to be in attendance at the prescribed duties not less than one (1) nor more than five (5) days each week.

"§ 163-286.  Conduct of municipal elections and registration procedure. — (a) Any city, town, incorporated village or special district which is required by G.S. 163-284 to have its elections conducted by the county board of elections or any city, town or incorporated village which elects to have its elections conducted by the county board of elections, as provided in G.S. 163-285, shall be governed by the same provisions, rules and procedures as are now applicable to county boards of elections or as they may be amended. The county board of elections shall be the legal body responsible for the conduct, supervision and canvassing of such elections. The State Board of Elections shall have the same authority over all such elections as it has over county and State elections.

(b)        Any city, town or incorporated village which elects to conduct its own elections, under the provisions of G.S. 163-285, shall comply with the requirements contained in G.S. 163-280 and G.S. 163-281.

"§ 163-287.  Special elections; procedure for calling. — Any city, town or incorporated village, whether its elections are conducted by the county board of elections or by the municipal board of elections, authorized under this Article, shall have the authority to call special elections as might be permitted by law. Prior to calling such election, the city council shall adopt a resolution, specifying the details of such election, and, forthwith, deliver such resolution to the county board of elections or the municipal board of elections as the case may be. The resolution shall call on the appropriate board of elections to conduct the election described in such resolution and state the date on which the special election is to be conducted. Provided, however that no such special election shall be conducted within forty-five (45) days of any election scheduled or completed.

Legal notices, as might be required, shall be published no less than thirty (30) days prior to the date on which the registration books are required to be closed. The board of elections, county or municipal, shall be responsible for publishing such legal notices. This paragraph shall not apply to bond elections.

"§ 163-288.  Registration for city elections; county and municipal boards of elections. — (a) Where the county board of elections conducts the municipal election, the registration record of the county board of elections shall be the official registration record for voters to vote in all elections, city, district, county, state or national.

(b)        Where the municipal board of elections conducts the elections, each such municipality shall purchase loose-leaf binders for the registration records as have been approved by the State Board of Elections. The loose-leaf registration forms, approved and adopted by the State Board of Elections shall be the official registration record in each municipality and the same system now required by counties shall be maintained by each municipality. The loose-leaf registration forms, required by this section, shall be furnished by the State Board of Elections through the respective county boards of elections to the municipalities.

(1)        Every municipal board of elections conducting the elections in any city, town or incorporated village shall secure and install the binders and loose- leaf registration forms required by this section no later than January 1, 1973.

(c)        Registration of voters and preparation of registration books for city elections in cities electing to conduct their own elections shall be conducted under one of the following alternative methods:

(1)        METHOD A.- A permanent, full-time registration office shall be established in a convenient place within a city, and the municipal board of elections shall appoint a special registration commissioner to be in charge of the office, and the commissioner shall have full power and authority to register voters who reside within the city without regard to their precinct or county of residence. A municipal board of elections may appoint special registration commissioners notwithstanding the population limitation contained in G.S. 163-67(b).

(2)        METHOD B.- The municipal board of elections may contract with the county board of elections to prepare two (2) extra sets of registration forms for each person who registers with the county board of elections and who resides in the municipality which negotiates such agreement. Any such agreement shall be in writing and shall be on such terms as is agreeable to the majority of the county board of elections involved.

(3)        METHOD C.- The county board of elections shall permit the municipal board of elections to copy the county registration books from the precinct binder record or from the duplicate required to be maintained by said county board of elections. During the period beginning 21 days before each municipal election (excluding Saturdays and Sundays), the municipal board of elections shall compare the municipal registration books with the appropriate county books and shall add or delete registration certificates in order that the city and county records shall agree. The precincts established for municipal elections may differ from those established by the county board of elections.

(4)        METHOD D.- The county board of elections may, in its sole discretion, deliver to the municipal board of elections the county precinct registration books for each precinct wholly or partially located within the city, and these books shall be used in conducting the municipal elections.

(d)        The State Board of Elections shall have authority to promulgate rules and regulations for the detailed administration of each alternative method of registration offered by this section.

(e)        Each city, town or incorporated village electing to conduct its own elections shall select one of the registration methods offered by this section by joint agreement with the appropriate county boards of elections, subject to the approval of the State Board of Elections. The selection of method shall be evidenced by concurrent resolutions of the city council and each affected county board of elections, which shall be filed with the State Board of Elections, and which shall become effective upon the State Board's approval thereof. Provided, however, if METHOD A is selected, the municipal board of elections shall only be required to send a copy of the resolution to the State Board of Elections and the county board of elections. If the city and the county board of elections fail to agree then METHOD C shall be used.

"§ 163-288.1.  Registration in newly annexed or incorporated area. — (a) Whenever any new city or special district is incorporated, such city or special district shall cause a map of the corporate limits to be prepared from the boundary descriptions in the act, charter or other document creating the city or district. Such map shall be delivered to the county or municipal board of elections conducting the elections for such city or special district. The board of elections shall then activate for city or district elections each voter eligible to vote in the city or district who is registered to vote in the county, to the extent that residence addresses shown on the county registration certificates can be identified as within the corporate limits of the city or special district. Each voter who is thus registered for municipal or special district elections shall be so notified by mail. The cost of preparing the map of the newly incorporated city or special district, and of holding a special registration therein, shall be borne by the city or special district.

(b)        Each voter whose registration is changed by the county or municipal board of elections in any manner pursuant to any annexation or expunction under this subsection shall be so notified by mail.

(c)        The State Board of Elections shall have authority to adopt regulations for the more detailed administration of this section.

"§ 163-289.  Right to challenge; challenge procedure. — (a) The rules governing challenges in municipal elections shall be the same as are now applicable to challenges made in a county election, provided however, any voter who challenges another voter's right to vote in any municipal or special district election must reside in such municipality or special district.

(b)        Whenever a challenge is made pursuant to this section, the appropriate board of elections shall process such challenge in accordance with the provisions of Article 8 of Chapter 163 of the General Statutes as such Article is applicable.

"§ 163-290.  Alternative methods of determining the results of municipal elections. — (a) Each city, town, village, and special district in this State shall operate under one of the following alternative methods of nominating candidates for and determining the results of its elections:

(1)        The partisan primary and election method set out in G.S. 163-291.

(2)        The nonpartisan primary and election method set out in G.S. 163-294.

(3)        The nonpartisan plurality method set out in G.S. 163-292.

(4)        The nonpartisan election and runoff election method set out in G.S. 163-293.

(b)        Each city whose charter provides for partisan municipal elections as of January 1, 1972, shall operate under the partisan primary and election method until such time as its charter is amended to provide for nonpartisan elections. Each city, town, village, and special district whose elections are by charter or general law nonpartisan may select the nonpartisan primary and election method, the nonpartisan plurality method, or the nonpartisan election and runoff election method by resolution of the municipal governing board adopted and filed with the State Board of Elections not later than 5:00 p.m. Monday, January 31, 1972, except that a city whose charter provides for a nonpartisan primary as of January 1, 1972, may not select the plurality method unless its charter is so amended. If the municipal governing board does not exercise its option to select another choice before that time, the municipality shall operate under the method specified in the following table:

                        Cities, towns and villages

                        of less than 5,000                                 Plurality

                        Cities, town and villages

                        of 5,000 or more                                  Election and

                                                                                    Runoff Election

                        Special districts                                     Plurality

After January 31, 1972, each city, town and village may change its method of election from one to another of the methods set out in subsection (2) by act of the General Assembly or in the manner provided by law for amendment of its charter.

"Article 23B.

"Conduct of Municipal Elections.

"§ 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:

(1)        The dates of the primary and election shall be as provided in G.S. 163‑279.

(2)        A candidate seeking party nomination for municipal or district office may file his notice of candidacy with the board of elections not later than 12:00 noon on the Friday preceding the fourth Saturday and not earlier than 12:00 noon on the Friday preceding the eighth Saturday before the primary election in which he seeks to run.

(3)        The filing fee for municipal and district primaries shall be fixed by the municipal or district governing board not later than the Friday before the eighth Saturday before the primary in an amount not less than nor more than twice the following amounts: $100.00 in cities or special districts having a populaton of 75,000 or more; $25.00 in cities or special districts having a population of 25,000 or more but less than 75,000; $10.00 in cities or special districts having a population of less than 25,000 but more than 1,000; $5.00 in cities or special districts having a population of 1,000 or less.

(4)        The municipal ballot may not be combined with any other ballot.

(5)        The canvass of the primary and second primary shall be held on the Thursday following the primary or second primary.

(6)        Candidates having the right to demand a second primary shall do so not later than 12:00 noon on the Monday following the canvass of the first primary.

"§ 163-292.  Determination of election results in cities using the plurality method. — In conducting nonpartisan elections and using the plurality method, elections shall be determined in accordance with the following rules:

(1)        When more than one person is seeking election to a single office, the candidate who receives the highest number of votes shall be declared elected.

(2)        When more persons are seeking election to two or more offices (constituting a group) than there are offices to be filled, those candidates receiving the highest number of votes, equal in number to the number of offices to be filled, shall be declared elected.

(3)        If two or more candidates receiving the highest number of votes each receive the same number of votes, the board of elections shall determine the winner by lot.

"§ 163-293.  Determination of election results in cities using the election and runoff election method. — (a) Except as otherwise provided in this section, nonpartisan municipal elections in cities using the election and runoff election method shall be determined by a majority of the votes cast. A majority within the meaning of this section shall be determined as follows:

(1)        When more than one person is seeking election to single office, the majority shall be ascertained by dividing the total vote cast for all candidates by two. Any excess of the sum so ascertained shall be a majority, and the candidate who obtains a majority shall be declared elected.

(2)        When more persons are seeking election to two or more offices (constituting a group) than there are offices to be filled, the majority shall be ascertained by dividing the total vote cast for all candidates by the number of offices to be filled, and by dividing the result by two. Any excess of the sum so ascertained shall be a majority, and the candidates who obtain a majority shall be declared elected. If more candidates obtain a majority than there are offices to be filled, those having the highest vote (equal to the number of offices to be filled) shall be declared elected.

(b)        If no candidate for a single office receives a majority of the votes cast, or if an insufficient number of candidates receives a majority of the votes cast for a group of offices, a runoff election shall be held as herein provided:

(1)        If no candidate for a single office receives a majority of the votes cast, the candidate receiving the highest number of votes shall be declared elected unless the candidate receiving the second highest number of votes requests a runoff election in accordance with subsection (c) of this section. In the runoff election only the names of the two candidates who received the highest and next highest number of votes shall be printed on the ballot.

(2)        If candidates 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 majority 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 elected unless some one or all of the candidates equal in number to the positions remaining to be filled and having the second highest number of votes shall request a runoff election in accordance with subsection (c) of this section. In the runoff election to elect candidates for the positions in the group remaining to be filled, the names of all those candidates receiving the highest number of votes and demanding a runoff election shall be printed on the ballot.

(c)        The canvass of the first election shall be held on the Thursday after the election. A candidate entitled to a runoff election may do so by filing a written request for a runoff election with the board of elections no later than 12:00 noon on the Monday after the result of the first election has been officially declared.

(d)        Tie votes; how determined:

(1)        If there is a tie for the highest number of votes in a first election, the board of elections shall conduct a recount and declare the results. If the recount shows a tie vote, a runoff election between the two shall be held unless one of the candidates, within three days after the result of the recount has been officially declared, files a written notice of withdrawal with the board of elections. Should that be done, the remaining candidate shall be declared elected.

(2)        If one candidate receives the highest number of votes cast in a first election, but short of a majority, and there is a tie between two or more of the other candidates receiving the second highest number of votes, the board of elections shall declare the candidate having the highest number of votes to be elected, unless all but one of the tied candidates give written notice of withdrawal to the board of elections within three days after the result of the first election 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 runoff election in accordance with subsection (c) of this section, a runoff election shall be held between the candidate who received the highest vote and the remaining candidate who received the second highest vote.

(e)        Runoff elections shall be held on the date fixed in G.S. 163-111 (e). Persons whose registrations become valid between the date of the first election and the runoff election shall be entitled to vote in the runoff election, but in all other respects the runoff election shall be held under the laws, rules, and regulations provided for the first election.

(f)         A second runoff election shall not be held. The candidates receiving the highest number of votes in a runoff election shall be elected. If in a runoff election there is a tie for the highest number of votes between two candidates, the board of elections shall determine the winner by lot.

"§ 163-294.  Determination of election results in cities using nonpartisan primaries. — (a) In cities whose elections are nonpartisan and who use the nonpartisan primary and election method, there shall be a primary to narrow the field of candidates to two candidates for each position to be filled if, when the filing period closes, there are more than two candidates for a single office or the number of candidates for a group of offices exceeds twice the number of positions to be filled. If only one or two candidates file for a single office, no primary shall be held for that office and the candidates shall be declared nominated. If the number of candidates for a group of offices does not exceed twice the number of positions to be filled, no primary shall be held for those offices and the candidates shall be declared nominated.

(b)        In the primary, the two candidates for a single office receiving the highest number of votes, and those candidates for a group of offices receiving the highest number of votes, equal to twice the number of positions to be filled, shall be declared nominated. If two or more candidates receiving the highest number of votes each received the same number of votes, the board of elections shall determine their relative ranking by lot, and shall declare the nominees accordingly. The canvass of the primary shall be held on the Thursday following the primary.

(c)        In the election, the names of those candidates declared nominated without a primary and those candidates nominated in the primary shall be placed on the ballot.

The candidate for a single office receiving the highest number of votes shall be elected. Those candidates for a group of offices receiving the highest number of votes, equal in number to the number of positions to be filled, shall be elected. If two candidates receiving the highest number of votes each received the same number of votes, the board of elections shall determine the winner by lot.

"§ 163-294.1.  Death of candidates or elected officers. — (a) This section shall apply only to municipal and special district elections.

(b)        If a candidate for political party nomination for office dies, becomes disqualified, or withdraws before the primary but after the ballots have been printed, the provisions of G.S. 163-112 shall govern.

If a candidate for nomination in a nonpartisan municipal primary dies, becomes disqualified, or withdraws before the primary but after the ballots have been printed, the board of elections shall determine whether or not there is time to reprint the ballots. If the board determines that there is not enough time to reprint the ballots, the deceased or disqualified candidate's name shall remain on the ballots. If he receives enough votes for nomination, such votes shall be disregarded and the candidate receiving the next highest number of votes below the number necessary for nomination shall be declared nominated. If the death or disqualification of the candidate leaves only two candidates for each office to be filled, the nonpartisan primary shall not be held and all candidates shall be declared nominees.

If a nominee for political party nomination dies, becomes disqualified, or withdraws after the primary and before election day, the provisions of G.S. 163-114 shall govern.

If a candidate in a nonpartisan election dies, becomes disqualified, or withdraws before election day and after the ballots have been printed, the board of elections shall determine whether there is enough time to reprint the ballots. If there is not enough time to reprint the ballots, and should the deceased or disqualified candidate receive enough votes to be elected, the board of elections shall declare the office vacant, and shall be filled as provided by law.

(c)        If a person elected to any city office 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.

(d)        If a person elected to any municipal or special district office for a term of more than two years dies, becomes disqualified, or resigns after taking the oath of office, the person appointed to fill the vacancy shall serve for the remainder of the unexpired term.

"§ 163-294.2.  Notice of candidacy and filing fee in nonpartisan municipal elections. — (a) Each person offering himself as a candidate for election to any municipal office in municipalities whose elections are nonpartisan shall do so by filing a notice of candidacy with the 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__________________

________________________________________________________(at large) ___________

(for the ________________________________________ Ward) in the regular municipal election to be held in ________________________________ (municipality) __________ on __________________________________________________________, 19___________

Signed     (Name of Candidate)_______

Witness: ___________________________________________________________________

For the Board of Elections'

The notice of candidacy shall be either signed in the presence of the chairman or secretary of the board of elections, or signed and acknowledged before an officer authorized to take acknowledgements who shall certify the notice under seal. An acknowledged and certified notice may be mailed to the board of elections. The candidate shall sign the notice of candidacy with his legal name and, in his discretion, any nickname by which he is commonly known, in the form that he wishes it to appear upon the ballot but substantially as follows: 'Richard D. (Dick) Roc.'

(b)        Only persons who are registered to vote in the municipality shall be permitted to file notice of candidacy for election to municipal office. A person who is not registered to vote in municipal elections may file notice of candidacy if at the time he files notice of candidacy he signs and deposits with the board of elections a written pledge that he will register in time to vote in the election. The pledge may be inserted in the notice of candidacy in the following form: 'And I certify that I will register for municipal elections in this city (district) in time to participate in the election for which I have filed.' The board of elections shall inspect the voter registration lists immediately after the expiration of the registration period and shall cancel the notice of candidacy of any candidate who is not eligible to vote in the election. The board shall give notice of cancellation to any candidate whose notice of candidacy has been cancelled under this subsection by mail or by having the notice served on him by the county sheriff.

(c)        Candidates may file their notices of candidacy with the board of elections at any time after 12:00 noon on the Friday preceding the eighth Saturday and before 12:00 noon on the Friday preceding the fourth Saturday before the municipal primary or election. Notices of candidacy which were mailed must be received by the board of elections before the filing deadline regardless of the time they were deposited in the mails.

(d)        Any person may withdraw his notice of candidacy at any time prior to the filing deadline prescribed in subsection (c), and shall be entitled to a refund of his filing fee if he does so.

(e)        At the time of filing a notice of candidacy, each candidate shall pay to the board of elections a filing fee in the amount fixed by the municipal governing board not later than the Friday before the eighth Saturday before the election in an amount not less than nor more than twice the following amounts:

Municipalities having a population

of 75,000 or more                                            $100.00

Municipalities having a population

of 25,000 or more                                            $25.00

but less than 75,000

Municipalities having a population

of less than 25,000 but more than

1,000                                                               $10.00

Municipalities having a population

of 1,000 or less                                                $5.00

"§ 163-294.3.  Sole candidates to be voted upon in nonpartisan municipal elections. Each candidate for municipal office in nonpartisan municipal elections shall be voted upon, even though only one candidate has filed or has been nominated for a given office, in order that the voters may have the opportunity to cast write-in votes under the general election laws.

"§ 163-294.4.  Failure of candidates to File; death of a candidate before election. (a) If in a nonpartisan municipal election, when the filing period expires, candidates have not filed for all offices to be filled, the board of elections may extend the filing period for five days.

(b)        If at the time the filing period closes only two persons have filed notice of candidacy for election to a single office or only as many persons have filed notices of candidacy for group offices as there are offices to be filled, and thereafter one of the candidates dies before the election and before the ballots are printed, the board of elections shall, upon notification of the death, immediately reopen the filing period for an additional five days during which time additional candidates shall be permitted to file for election. If the ballots have been printed at the time the board of elections receives notice of the candidate's death, the board shall determine whether there will be sufficient time to reprint them before the election if the filing period is reopened for three days. If the board determines that there will be sufficient time to reprint the ballots, it shall reopen the filing period for three days to allow other candidates to file for election.

(c)        If the ballots have been printed at the time the board of elections receives notice of a candidate's death, and if the board determines that there is not enough time to reprint the ballots before the election if the filing .period is reopened for three days, then, regardless of the number of candidates remaining for the office, the ballots shall not be reprinted and the name of the deceased candidate shall remain on the ballots. If a deceased candidate should poll the highest number of votes in the election, even though short of a majority the board of elections shall declare the office vacant and it shall be filled in the manner provided by law. If no candidate in an election receives a majority of the votes cast and the second highest vote is cast for a deceased candidate, no runoff election shall be held, but the board of elections shall declare the candidate receiving the highest vote to be elected.

"§ 163-295.  Partisan and nonpartisan municipal elections conducted under general election laws. — Except as otherwise provided in this Article, all municipal elections, whether partisan or nonpartisan, shall be conducted under the law, rules, and procedures set forth in Subchapter VI, comprising Articles 12 through 19 of Chapter 163 of the General Statutes.

"§163-296.  Nomination by petition. — In cities conducting partisan elections, any qualified voter who seeks to have his name printed on the regular municipal election ballot as an independent or nonpartisan candidate may do so in the manner provided in G.S. 163-122, except that the petitions and affidavits shall be filed not later than 21 days before the election, and the petitions shall be signed by a number of qualified voters of the municipality equal to at least fifteen per cent (15%) of the whole number of voters qualified to vote in the municipal election according to the most recent figures certified by the State Board of Elections.

"§ 163-297.  Structure at voting place; marking off limits of voting place. — Precincts in which municipal primaries and elections are conducted shall conform, in all regards, to the requirements stipulated in G.S. 163-129 and all other provisions contained in Chapter 163 relating to county and State elections.

"§ 163-298.  Municipal primaries and elections. — The phrases 'county board of elections', and 'chairman of the board of elections' as used in this Article, with respect to all municipal primaries and elections, shall mean the municipal board of elections and its chairman in those cities and towns which conduct their own elections, and the county board of elections and its chairman in those cities and towns whose elections are conducted by the county board of elections. The words 'general election', as used in this Article, shall include regular municipal elections, runoff elections, and nonpartisan primaries, except where specific provision is made for municipal elections and nonpartisan primaries.

"§ 163-299.  Ballots; municipal primaries and elections. — (a) The ballots printed for use in general and special elections under the provisions of this Article shall contain:

(1)        The names of all candidates who have been put in nomination in accordance with the provisions of this Chapter by any political party recognized in this State, or, in nonpartisan municipal elections, the names of all candidates who have filed notices of candidacy or who have been nominated in a nonpartisan primary.

(2)        The names of all persons who have qualified as independent candidates under the provisions of G.S. 163-296.

(3)        All questions, issues and propositions to be voted on by the people.

(b)        The form of municipal ballots to be used in partisan municipal elections shall be the same as the form prescribed in this Chapter for the county ballot. A nonpartisan municipal ballot shall be divided into sections according to the offices to be filled. Within each section the names of the candidates for that office shall be printed. At the left of each name shall be printed a voting square, and all voting squares on the ballot shall be arranged in a perpendicular line. On the face of the ballot, above the list of candidates and below the title of the ballot shall be printed in heavy black type the following instructions: 'If you tear or deface or wrongly mark this ballot, return it and get another.'

(c)        The names of candidates for nomination or election in municipal primaries or elections shall be placed on the ballot in strict alphabetical order.

(d)        Method of marking ballots in municipal primaries and elections: The provisions of G.S. 163-151(1), (2) and (3) shall apply to ballots used in municipal primaries and elections in the same manner as it is applied to county ballots provided, however, the exceptions contained in G.S. 163-151 shall be adhered to if applicable.

(e)        Counting municipal ballots: The rules contained in G.S. 163-169 for counting primary ballots shall be followed in counting ballots in municipal primaries and nonpartisan primaries.

(f)         Preservation of ballots: The requirements contained in G.S. 163-171 shall apply to all municipal elections.

(g)        Canvass of returns: The county or municipal board of elections shall, in addition to the requirements contained in G.S. 163-175 canvass the results in a nonpartisan municipal primary, election or runoff election, and in a special district election, the number of legal votes cast in each precinct for each candidate, the name of each person voted for, and the total number of votes cast in the municipality or special district for each person for each different office.

"§ 163-300.  Disposition of duplicate abstracts in municipal elections. — Within five days after a primary or election is held in any municipality, the chairman of the county or municipal board of elections shall mail to the Chairman of the State Board of Elections, the duplicate abstract prepared in accordance with G.S. 163-176. One copy shall be retained by the county or municipal board of elections as a permanent record and one copy shall be filed with the City Clerk.

"§163-301.  Chairman of election board to furnish certificate of elections. — Not earlier than five days nor later than ten days after the results of any municipal election have been officially determined and published in accordance with G.S. 163-175 and G.S. 163-179, the chairman of the county or municipal board of elections shall issue certificates of election, under his hand and seal, to all municipal and special district officers. In issuing such certificates of election the chairman shall be restricted by the provisions of G.S. 163-181.

"§ 163-302.  Absentee ballots not permitted. The provisions of Articles 20 and 21 of Chapter 163 of the General Statutes shall not apply to any municipal or special district elections.

"§ 163-303.  Regulation of campaign expenses not applicable in nonpartisan elections. — Sections 163-259 through 163-268 shall not apply to nonpartisan municipal or special district elections.

"§ 163-304.  State Board of Elections to have jurisdiction over municipal elections and to advise. — The State Board of Elections shall have the same authority over municipal elections as it now has over county and State elections. County Boards of Elections or Municipal Boards of Elections shall be governed by rules for settling controversies with respect to counting ballots or certification of the returns of the vote in any municipal election as are in effect for settling controversies or removal of election officials in county and State elections. The State Board of Elections shall advise and assist cities, towns, incorporated villages and special districts, municipal boards of elections, their members and legal officers on the conduct and administration of their elections and registration procedure. In the execution of its responsibilities under this section the State Board of Elections shall appoint an Administrator of Municipal Elections who shall execute the Board's responsibilities and Rules, as it may direct, under this Article. Such administrator shall be paid such sum per annum as may be set by the Governor and Advisory Budget Commission, and may be the Board's executive secretary."

Sec. 2.  The terms of city officers elected during the calendar year 1971 or during the calendar year 1972 for terms to expire at any time during the calendar year 1973 are hereby extended until their successors in office are elected and qualified pursuant to this act. The terms of city officers elected during the calendar year 1971 for terms to expire at any time during the calendar year 1975 are hereby extended until their successors in office are elected and qualified pursuant to this act. The terms of city officers elected during the calendar year 1972 for terms to expire at any time during the calendar year 1974 are hereby reduced to expire at such time as their successors in office are elected and qualified pursuant to this act, and their offices shall limit or prohibit the alteration of terms of office of city officers pursuant to Part 4 of Article 5 of Chapter 160A of the General Statutes.

Sec. 3.  It is the intent of this act to make uniform the laws governing the registration of voters for and the conduct of elections in cities, towns, incorporated villages, and special districts in this State. To this end, all laws and clauses of laws, whether general, private, special or local are repealed to the extent that they are in conflict with or superseded by this act, except that provisions of town or city charters providing for elections during the calendar year 1972 shall continue in effect until such 1972 elections have been conducted and their results declared.

Sec. 4.  This act shall take effect upon ratification.

In the General Assembly read three times and ratified, this the 12th day of July, 1971.