NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 844

SENATE BILL 514

 

 

AN ACT TO PROVIDE THAT THE PRIMARY ELECTION SHALL BE HELD IN AUGUST AND TO MAKE APPROPRIATE CHANGES IN THE ELECTION LAWS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 163-1(b) is amended by deleting in line 1 the words "on Tuesday next after the first Monday in May", and inserting in lieu thereof the words "on the third Tuesday in August".

Sec. 2.  G.S. 163-106(c) is amended by rewriting the first paragraph to read: "Candidates seeking party primary nominations for the following offices shall file their notice of candidacy with the State Board of Elections no earlier than 12:00 noon on the first Monday in April and no later than 12:00 noon on the last Friday in May preceding the primary:".

And G.S. 163-106(c) is further amended by rewriting the third paragraph to read: "Candidates seeking party primary nominations for the following offices shall file their notice of candidacy with the county board of elections no earlier than 12:00 noon on the first Monday in April and no later than 12:00 noon on the last Friday in May preceding the primary:".

Sec. 3.  G.S. 163-111(c)(1) is amended by rewriting the first paragraph to read: "An aspirant entitled to demand a second primary for one of the offices listed below, and desiring to do so, shall file a request for a second primary in writing or by telegram with the Executive Secretary-Director of the State Board of Elections by 12:00 noon, on the second day after the result of the first primary has been officially declared:".

Sec. 4.  G.S. 163-136(b)(3) is amended by adding at the end thereof a new paragraph to read: "Provided, that the State Board of Elections, in its discretion, may direct some or all counties to print the ballots required by this subdivision under the supervision of the State Board of Elections. If the State Board of Elections prints and distributes the ballots required by this subdivision at the expense of the State, the State Board shall have the authority to negotiate for the ballots to be printed and distributed on a regional or centralized basis, and the State Board shall be exempt from securing competitive bids for printing and distribution of all ballots, Abstracts and Precinct Return Forms."

Sec. 5.  G.S. 163-137(b) is amended by deleting the figure "60" in line 3 and inserting in lieu thereof the figure "30".

Sec. 6.  G.S. 163-172 is amended by adding at the end thereof a new paragraph to read: "Provided, that the State Board of Elections, in its discretion, may direct some or all counties to print the Abstracts and Precinct Return Forms as designed by the State Board and required for any primary or election. If the State Board prints and distributes the Abstracts and Precinct Return Forms required for any primary or election, at the expense of the State, the State Board shall have the authority to negotiate for the Abstracts and Precinct Return Forms to be printed and distributed on a regional or centralized basis, and the State Board shall be exempt from securing competitive bids for printing and distribution."

Sec. 7.  G.S. 163-177 is amended by rewriting the first paragraph to read: "Within six hours after the returns of a primary or election have been canvassed and the results judicially determined, the chairman of the county board of elections shall mail, or otherwise deliver, to the State Board of Elections the duplicate-original abstracts prepared in accordance with G.S. 163-176 for all offices and referenda for which the State Board of Elections is required to canvass the votes and declare the results including:".

Sec. 8.  Article 15 of Chapter 163 of the General Statutes is amended by adding a new section immediately after G.S. 163-177 to read as follows:

"§ 163-177.1.  Responsibility of chairman. — The chairman of the county board of elections shall be responsible for prompt delivery of the Abstracts required in G.S. 163-177 to the State Board of Elections. If the chairman of the county board of elections is notified by the State Board, by telephone or otherwise, that the abstracts from his county have not been received and therefore the state canvass cannot proceed, then the chairman of the county board shall deliver immediately, or have delivered, the office copy of all Abstracts due.

The North Carolina State Highway Patrol, in cooperation with the State Board of Elections and county boards of elections, may, upon request, be responsible for the delivery of the Abstracts from each county to the office of the State Board of Elections."

Sec. 9.  G.S. 163-181 is rewritten to read:

"§ 163-181.  Election contest stays certification of election. — (a) If an election contest is properly pending before a county board of elections or on appeal from a county board to the State Board of Elections, after a general election, the chairman of the county board of elections shall not issue a certificate of election for the office in controversy until the contest has been finally decided by the county or State Board of Elections.

(b)        No election protest shall be filed by a candidate involved in a county, district or statewide primary election with the county or State Board of Elections. The candidate shall file his protest with the Superior Court of Wake County with respect to a statewide primary election, and with the superior court of the county of the candidate's residence in other primary elections, not later than five days after the board of elections certifies the nominee for the office involved in the protest. Filing of the protest shall not stay the certification of the nominee by the board of elections. A resident superior court judge or a superior court judge then presiding in the county shall immediately hear the protest without a jury. If the court finds that the nominee certified by the Board of Elections should not be certified, the court shall issue an order directing the county or State Board of Elections what action should be taken."

Sec. 10.  G.S. 163-188 is amended by rewriting the last sentence of the first paragraph to read:

"The time and date of the primary canvass shall be fixed by the State Board, but in no event shall the canvass be later than the eighth day after the primary election and the State Board shall accept and record the totals reflected on the Abstracts received from the counties and it shall be the responsibility of each county to accurately record the correct totals for each office."

Sec. 11.  G.S. 163-227 is hereby amended by deleting "60 days" wherever it appears therein, and inserting in lieu thereof "30 days".

Sec. 12.  G.S. 163-227.2(b) is amended by deleting the figure "60" in line 1 thereof and inserting in lieu thereof the figure "30".

Sec. 13.  G.S. 163-229 is amended by deleting the figure "60" wherever it appears therein and inserting in lieu thereof the figure "30".

Sec. 14.  G.S. 163-230(2)a. is amended by deleting the figure "60" in line 2 and inserting in lieu thereof the figure "30".

Sec. 15.  G.S. 163-248(b) is hereby amended by rewriting the second sentence thereof to read:

"The State Board of Elections and the county boards of elections shall have all necessary absentee ballots printed and in the hands of the proper election officials not later than 30 days before the primary or election."

Sec. 16.  G.S. 163-248(c) is amended by rewriting the second sentence thereof to read as follows:

"The container-return envelopes shall be printed and available for use not later than 30 days before the primary or election."

Sec. 17.  G.S. 163-248(d) is amended by rewriting the second sentence thereof to read:

"The instruction sheets shall be printed and available for use not later than 30 days before the primary or election."

Sec. 18.  G.S. 163-213.2 is rewritten in its entirety as follows:

"§ 163-213.2.  Presidential primary, date of election. — Beginning with the fourth Tuesday in March, 1976, and every four years thereafter, the voters of this State shall be given an opportunity to express their preference for the person to be the presidential candidate of their political party."

Sec. 19.  G.S. 163-230(2)a. is amended by adding the word "fifth," before the word "third".

Sec. 20.  The respective boards of county commissioners shall appropriate reasonable emergency funds necessary to implement the provisions of this act.

Sec. 21.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 25th day of June, 1975.