GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 464
The General Assembly of North Carolina enacts:
Section 1. G.S. 163-107(b) reads as rewritten:
"(b) Refund of Fees. - If
any person who has filed a notice of candidacy and paid the filing fee
prescribed in subsection (a) of this section, withdraws his notice of candidacy
within the period prescribed in G.S. 163-106(e), he shall be entitled to have
the fee he paid refunded. If the fee was paid to the State Board of
Elections, the chairman of that board shall cause a warrant to be drawn on the Treasurer
of the State for the refund payment. If the fee was paid to a county
board of elections, the chairman of the Board shall certify to the county accountant
finance officer that the refund should be made, and the county accountant
finance officer shall make the refund in accordance with the
provisions of the County Local Government Budget and Fiscal
Control Act. If any person who has filed a notice of candidacy and
paid the filing fee prescribed in subsection (a) of this section dies prior to
the date of the primary election provided by G.S. 163-1, the personal
representative of the estate shall be entitled to have the fee refunded if
application is made to the board of elections to which the fee was paid no
later than one year after the date of death, and refund shall be made in the
same manner as in withdrawal of notice of candidacy.
If any person files a notice of candidacy and pays a filing fee to a board of elections other than that with which he is required to file under the provisions of G.S. 163-106(e), he shall be entitled to have the fee refunded in the manner prescribed in this subsection if he requests the refund before the date on which the right to file for that office expires under the provisions of G.S. 163-106(e)."
Sec. 2. Notwithstanding the provisions of G.S. 163-107(b) as enacted by Section 1 of this act, the personal representative of the estate of a candidate who died before the primary in 1994 will be entitled to a refund of the candidate's filing fee if application is made before January 1, 1996.
Sec. 3. This act is effective on and after January 1, 1994.
In the General Assembly read three times and ratified this the 20th day of July, 1995.
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Dennis A. Wicker
President of the Senate
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Harold J. Brubaker
Speaker of the House of Representatives