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:

 

Position                                                                      

 

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