GENERAL ASSEMBLY OF NORTH CAROLINA

1987 SESSION

 

 

CHAPTER 526

SENATE BILL 482

 

AN ACT TO ELIMINATE THE REQUIREMENT THAT THE COUNTY BOARD OF ELECTIONS MUST APPROVE THE WITHDRAWAL OF ANY CANDIDATE IN A SINGLE COUNTY ELECTION.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 163-114 reads as rewritten:

"§ 163-114. Filling vacancies among party nominees occurring after nomination and before election.-If any person nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general election, the vacancy shall be filled by appointment according to the following instructions:

 

Position                                                              |       Vacancy is to be filled by

     Any elective State office                              |       appointment of State

     United States Senator                                   |       executive committee of

                                                                        |       political party in which

                                                                             |       vacancy occurs

 

A district office, including:                          |

Member of the United States                       |

House of Representatives                            |

Judge of superior court                                |

Judge of district court                                  |       Appropriate district executive

Solicitor                                                         |       committee of political party

State Senator in a multi-                               |        in which vacancy occurs

county senatorial district                              |

Member of State House of                           |

Representatives in a multi-                           |

county representative                                    |

district                                                            |

 

State Senator in a single-                              |       County executive committee

county senatorial district                              |        of political party in which

Member of State House of                           |       vacancy occurs, but if the

Representatives in a                                      |       vacancy arises from a cause

single-county                                                 |       other than death, the

representative district                                   |       vacancy shall not be filled

Any elective county office                           |       unless the board of

elections in the

        county in which the vacancy

        occurs issues an order to

        that effect, provided, in

                                                                                     the case of the State

        Senator or State

        Representative in a

                                                                                     single-county district where

        not all the county is

                                                                                     located in that district,

        then in voting, only those

        members of the county

        executive committee who

                                                                                     reside within the

        district shall vote.

The party executive making a nomination in accordance with the provisions of this section shall certify the name of its nominee to the chairman of the board of elections, State or county, charged with the duty of printing the ballots on which the name is to appear. If at the time a nomination is made under this section the general election ballots have already been printed, the provisions of G.S. 163-139 shall apply.   If any person nominated as a candidate of a political party vacates such nomination and such vacancy arises from a cause other than death and the vacancy in nomination occurs more than 120 days before the general election, the vacancy in nomination may be filled under this section only if the appropriate executive committee certifies the name of the nominee in accordance with this paragraph at least 90 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."

Sec. 2.  This act is effective upon ratification.

In the General Assembly read three times and ratified this the 1st day of July, 1987.