GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION

CHAPTER 553
HOUSE BILL 1158

AN ACT TO PROVIDE FOR HOLDING THE CANVASS FOR PRIMARIES AND ELECTIONS ON THE THIRD RATHER THAN THE SECOND DAY AFTER ELECTION DAY.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 163-175 reads as rewritten:
"§ 163-175.  County board of elections to canvass returns.
On the third day (Sunday excepted) next after every primary and election, the county board of elections shall meet at 11:00 A.M. at the county courthouse or at the office of the county board of elections (the choice of location to be at the option of the county board of elections) to canvass the votes cast in the county and prepare the county abstracts.  If the returns from any precinct have not been received by the county board by 12:00 noon on that day, or if the returns of any precinct are incomplete or defective, the board shall have authority to dispatch a peace officer to the residences of the election officials of the delinquent precinct for the purpose of securing proper returns for that precinct.
In the presence of such persons as choose to attend, the members of the county board of elections shall open the precinct returns, canvass and judicially determine the results of the voting in the county, and prepare and sign duplicate abstracts showing:
(1)	In a primary, the total number of votes cast in each precinct and in the county for each candidate of each political party for each office.
(2)	In an election, the number of legal votes cast in [each] precinct for each candidate, the name of each person voted for, the political party with which he is affiliated, and the total number of votes cast in the county for each person for each different office.
In complying with the provisions of this section, the county board of elections shall have power and authority to pass judicially upon all facts relative to the primary or election, to make or order such recounts as it deems necessary, and to determine judicially the result of the primary or election.  Provided, however, that where a petitioner has been denied a recount upon a verbal or written order of the State Board of Elections pursuant to regulations of the State Board, the county board of elections shall not make or order a further recount.  The board shall also have power to send for papers and persons and to examine them and to pass upon the legality of any disputed ballots transmitted to it by any precinct election official.  In accepting the filing of complaints concerning the conduct of an election, a board of elections shall be subject to the rules concerning Sundays and holidays set forth in G.S. 103-5.
When, on account of errors in tabulating returns and filling out abstracts, the result of a primary or election in any one or more precincts cannot be accurately known, the county board of elections shall be allowed access to the ballot boxes in such precincts to make or order a recount and to declare the result.”
Sec. 2.  G.S. 163-291 reads as rewritten:
"§ 163-291.  Partisan primaries and elections.
The nomination of candidates for office in cities, towns, villages, and special districts whose elections are conducted on a partisan basis shall be governed by the provisions of this Chapter applicable to the nomination of county officers, and the terms 'county board of elections,' 'chairman of the county board of elections,' 'county officers,' and similar terms shall be construed with respect to municipal elections to mean the appropriate municipal officers and candidates, except that:
(1)	The dates of primary and election shall be as provided in G.S. 163-279.
(2)	A candidate seeking party nomination for municipal or district office shall file his notice of candidacy with the board of elections no earlier than 12:00 noon on the first Friday in July and no later than 12:00 noon on the first Friday in August preceding the 
		election.
No person may file a notice of candidacy for more than one municipal office at the same election.  If a person has filed a notice of candidacy for one office with the county board of elections under this section, then a notice of candidacy may not later be filed for any other municipal office for that election unless the notice of candidacy for the first office is withdrawn first.
(3)	The filing fee for municipal and district primaries shall be fixed by the governing board not later than the day before candidates are permitted to begin filing notices of candidacy.  There shall be a minimum filing fee of five dollars ($5.00).  The governing board shall have the authority to set the filing fee at not less than five dollars ($5.00) nor more than one percent (1%) of the annual salary of the office sought unless one percent (1%) of the annual salary of the office sought is less than five dollars ($5.00), in which case the minimum filing fee of five dollars ($5.00) will be charged.  The fee shall be paid to the board of elections at the time notice of candidacy is filed.
(4)	The municipal ballot may not be combined with any other ballot.
(5)	The canvass of the primary and second primary shall be held on the third day (Sunday excepted) following the primary or second primary.  In accepting the filing of complaints concerning the conduct of an election, a board of elections shall be subject to the rules concerning Sundays and holidays set forth in G.S. 103-5.
(6)	Candidates having the right to demand a second primary shall do so not later than 12:00 noon on the Monday following the canvass of the first primary."
Sec. 3.  G.S. 163-293 reads as rewritten:
"§ 163-293.  Determination of election results in cities using the election and runoff election method.
(a)	Except as otherwise provided in this section, nonpartisan municipal elections in cities using the election and runoff election method shall be determined by a majority of the votes cast.  A majority within the meaning of this section shall be determined as follows:
(1)	When more than one person is seeking election to a single office, the majority shall be ascertained by dividing the total vote cast for all candidates by two.  Any excess of the sum so ascertained shall be a majority, and the candidate who obtains a majority shall be declared elected.
(2)	When more persons are seeking election to two or more offices (constituting a group) than there are offices to be filled, the majority shall be ascertained by dividing the total vote cast for all candidates by the number of offices to be filled, and by dividing the result by two.  Any excess of the sum so ascertained shall be a majority, and the candidates who obtain a majority shall be declared elected.  If more candidates obtain a majority than there are offices to be filled, those having the highest vote (equal to the number of offices to be filled) shall be declared elected.
(b)	If no candidate for a single office receives a majority of the votes cast, or if an insufficient number of candidates receives a majority of the votes cast for a group of offices, a runoff election shall be held as herein provided:
(1)	If no candidate for a single office receives a majority of the votes cast, the candidate receiving the highest number of votes shall be declared elected unless the candidate receiving the second highest number of votes requests a runoff election in accordance with subsection (c) of this section.  In the runoff election only the names of the two candidates who received the highest and next highest number of votes shall be printed on the ballot.
(2)	If candidates for two or more offices (constituting a group) are to be selected and aspirants for some or all of the positions within the group do not receive a majority of the votes, those candidates equal in number to the positions remaining to be filled and having the highest number of votes shall be declared elected unless some one or all of the candidates equal in number to the positions remaining to be filled and having the second highest number of votes shall request a runoff election in accordance with subsection (c) of this section.  In the runoff election to elect candidates for the positions in the group remaining to be filled, the names of all those candidates receiving the highest number of votes and demanding a runoff election shall be printed on the ballot.
(c)	The canvass of the first election shall be held on the third day (Sunday excepted) after the election.  A candidate entitled to a runoff election may do so by filing a written request for a runoff election with the board of elections no later than 12:00 noon on the Monday after the result of the first election has been officially declared.  In accepting the filing of complaints concerning the conduct of an election, a board of elections shall be subject to the rules concerning Sundays and holidays set forth in G.S. 103-5.
(d)	Tie votes; how determined:
(1)	If there is a tie for the highest number of votes in a first election, the board of elections shall conduct a recount and declare the results.  If the recount shows a tie vote, a runoff election between the two shall be held unless one of the candidates, within three days after the result of the recount has been officially declared, files a written notice of withdrawal with the board of elections.  Should that be done, the remaining candidate shall be declared elected.
(2)	If one candidate receives the highest number of votes cast in a first election, but short of a majority, and there is a tie between two or more of the other candidates receiving the second highest number of votes, the board of elections shall declare the candidate having the highest number of votes to be elected, unless all but one of the tied candidates give written notice of withdrawal to the board of elections within three days after the result of the first election has been officially declared.  If all but one of the tied candidates withdraw within the prescribed three-day period, and the remaining candidate demands a runoff election in accordance with subsection (c) of this section, a runoff election shall be held between the candidate who received the highest vote and the remaining candidate who received the second highest vote.
(e)	Runoff elections shall be held on the date fixed in G.S. 163-279(a)(4).  Persons whose registrations become valid between the date of the first election and the runoff election shall be entitled to vote in the runoff election, but in all other respects the runoff election shall be held under the laws, rules, and regulations provided for the first election.
(f)	A second runoff election shall not be held.  The candidates receiving the highest number of votes in a runoff election shall be elected.  If in a runoff election there is a tie for the highest number of votes between two candidates, the board of elections shall determine the winner by lot."
Sec. 4.  G.S. 163-294 reads as rewritten:
"§ 163-294.  Determination of election results in cities using nonpartisan primaries.
(a)	In cities whose elections are nonpartisan and who use the nonpartisan primary and election method, there shall be a primary to narrow the field of candidates to two candidates for each position to be filled if, when the filing period closes, there are more than two candidates for a single office or the number of candidates for a group of offices exceeds twice the number of positions to be filled.  If only one or two candidates file for a single office, no primary shall be held for that office and the candidates shall be declared nominated.  If the number of candidates for a group of offices does not exceed twice the number of positions to be filled, no primary shall be held for those offices and the candidates shall be declared nominated.
(b)	In the primary, the two candidates for a single office receiving the highest number of votes, and those candidates for a group of offices receiving the highest number of votes, equal to twice the number of positions to be filled, shall be declared nominated.  In both the primary and election, a voter should not mark more names for any office than there are positions to be filled by election, as provided in G.S. 163‑135(e) and G.S. 163-151(2).  If two or more candidates receiving the highest number of votes each received the same number of votes, the board of elections shall determine their relative ranking by lot, and shall declare the nominees accordingly.  The canvass of the primary shall be held on the third day (Sunday excepted) following the primary.  In accepting the filing of complaints concerning the conduct of an election, a board of elections shall be subject to the rules concerning Sundays and holidays set forth in G.S. 103-5.
(c)	In the election, the names of those candidates declared nominated without a primary and those candidates nominated in the primary shall be placed on the ballot.  The candidate for a single office receiving the highest number of votes shall be elected.  Those candidates for a group of offices receiving the highest number of votes, equal in number to the number of positions to be filled, shall be elected.  If two candidates receiving the highest number of votes each received the same number of votes, the board of elections shall determine the winner by lot."
Sec. 5.  This act is effective upon ratification.
In the General Assembly read three times and ratified this the 6th day of June, 1996.

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Dennis A. Wicker
President of the Senate

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Harold J. Brubaker
Speaker of the House of Representatives