GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
SESSION LAW 2003-142
HOUSE BILL 821
AN ACT to simplify the process of filling a vacancy on a party ticket.
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:
President Vacancy is to be filled by
Vice President appointment of national executive
committee of political party in
which vacancy occurs
Presidential elector or Vacancy is to be filled by
alternate elector appointment of State executive
Any elective State office committee of political party in
United States Senator which vacancy occurs
A district office, including: Appropriate district executive
Member of the United States committee of political party in
House of Representatives which vacancy occurs
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
senatorial district political party in which vacancy
Member of State House of occurs, provided, in the case of
Representatives in a single-county the State Senator or State
representative district Representative in a single-county
Any elective county office 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. 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."
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 29th day of May, 2003.
s/ Beverly E. Perdue
President of the Senate
s/ Richard T. Morgan
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 11:32 p.m. this 4th day of June, 2003