GENERAL ASSEMBLY OF NORTH CAROLINA

1985 SESSION

 

 

CHAPTER 558

SENATE BILL 429

 

AN ACT TO ALLOW CANDIDATES TO USE NICKNAMES ON THE BALLOT IN CERTAIN CIRCUMSTANCES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  The fourth paragraph of G.S. 163-106(a) is amended by adding the following at the end:  "A candidate may also, in lieu of his legal first name and legal middle initial or middle name (if any) sign his nickname , provided that he appends to the notice of candidacy an affidavit that he has been commonly known by that nickname for at least five years prior to the date of making the affidavit.  The candidate shall also include with the affidavit the way his name (as permitted by law) should be listed on the ballot if another candidate with the same last name files a notice of candidacy for that office."

Sec. 2.  G.S. 163-138 is amended by adding the following immediately after the second sentence:  "Notwithstanding the previous sentence, if the candidate has used his nickname in lieu of first and middle names as permitted by G.S. 163-106(a), unless another candidate for the same office who files a notice of candidacy has the same last name, the nickname shall be printed on the ballot immediately before the candidate's surname but shall not be enclosed by parentheses.  If another candidate for the same office who filed a notice of candidacy has the same last name, then the candidate's name shall be printed on the ballot in accordance with the alternate indicated by the candidate on his affidavit under G.S. 163-106(a)."

Sec. 3.  The second paragraph of G.S. 163-294.2(a) is amended by adding the following at the end:  "A candidate may also, in lieu of his legal first name and legal middle initial or middle name (if any) sign his nickname , provided that he appends to the notice of candidacy an affidavit that he has been commonly known by that nickname for at least five years prior to the date of making the affidavit, and notwithstanding the previous sentence, if the candidate has used his nickname in lieu of first and middle names as permitted by this sentence, unless another candidate for the same office who files a notice of candidacy has the same last name, the nickname shall be printed on the ballot immediately before the candidate's surname but shall not be enclosed by parentheses.  If another candidate for the same office who filed a notice of candidacy has the same last name, then the candidate's name shall be printed on the ballot in accordance with the next sentence of this subsection.  The candidate shall also include with the affidavit the way his name (as permitted by law) should be listed on the ballot if another candidate with the same last name files a notice of candidacy for that office."

Sec. 4.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 2nd day of July, 1985.