Bill Text: NC H177 | 2017-2018 | Regular Session | Amended
Bill Title: Eliminate Second Primaries
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced - Dead) 2017-02-23 - Ref to the Com on Elections and Ethics Law, if favorable, State and Local Government I [H177 Detail]
Download: North_Carolina-2017-H177-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 1
HOUSE BILL 177
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Short Title: Eliminate Second Primaries. |
(Public) |
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Sponsors: |
Representatives Floyd, Jordan, Michaux, and C. Graham (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Elections and Ethics Law, if favorable, State and Local Government I |
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February 23, 2017
A BILL TO BE ENTITLED
AN ACT to eliminate second primaries.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 163‑111 reads as rewritten:
"§ 163‑111. Determination of primary results;
second primaries.results.
(a) Nomination Determined
by Substantial Plurality; Definition of Substantial Plurality. – Except as
otherwise provided in this section, nominations in primary elections shall be
determined by a substantial plurality of the votes cast. A substantial
plurality within the meaning of this section Nominations in primary
elections shall be determined as follows:
(1) If a nominee for a single
office is to be selected, and there is more than one person seeking nomination,
the substantial plurality shall be ascertained by multiplying the total vote
cast for all aspirants by forty percent (40%). Any excess of the sum so
ascertained shall be a substantial plurality, and the aspirant who obtains a
substantial plurality shall be declared the nominee. If two candidates receive
a substantial plurality, the candidate receiving the highest vote number
of votes shall be declared the nominee.
(2) If nominees for two or
more offices (constituting a group) are to be selected, and there are more
persons seeking nomination than there are offices, the substantial plurality
shall be ascertained by dividing the total vote cast for all aspirants by the
number of positions to be filled, and by multiplying the result by forty
percent (40%). Any excess of the sum so ascertained shall be a substantial
plurality, and the aspirants who obtain a substantial plurality shall be
declared the nominees. If more candidates obtain a substantial plurality than
there are positions to be filled, thosethe nominees having the
highest vote number of votes (equal to the number of positions to
be filled) shall be declared the nominees.
(a1) When more than one person is seeking election to a single office and two or more candidates receiving the highest numbers of votes each receive the same number of votes, the board of elections shall determine the nominee by lot.
(a2) When there are more persons seeking nomination to two or more offices (constituting a group) than there are offices to be filled, and two or more candidates receiving the lowest numbers of votes necessary for nomination each receive the same number of votes, the board of elections shall, from among those candidates receiving the same number of votes, determine the nominee by lot.
(a3) This section prevails over any local act.
(b) Right to Demand Second Primary. – If an
insufficient number of aspirants receive a substantial plurality of the votes
cast for a given office or group of offices in a primary, a second primary,
subject to the conditions specified in this section, shall be held:
(1) If a nominee for a single office is to be
selected and no aspirant receives a substantial plurality of the votes cast,
the aspirant receiving the highest number of votes shall be declared nominated
by the appropriate board of elections unless the aspirant receiving the second
highest number of votes shall request a second primary in accordance with the
provisions of subsection (c) of this section. In the second primary only the
two aspirants who received the highest and next highest number of votes shall be
voted for.
(2) If nominees 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 substantial plurality 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 the nominees unless some
one or all of the aspirants equal in number to the positions remaining to be
filled and having the second highest number of votes shall request a second
primary in accordance with the provisions of subsection (c) of this section. In
the second primary to select nominees for the positions in the group remaining
to be filled, the names of all those candidates receiving the highest number of
votes and all those receiving the second highest number of votes and demanding
a second primary shall be printed on the ballot.
(c) Procedure for Requesting Second Primary. –
(1) A candidate who is apparently entitled to demand
a second primary, according to the unofficial results, for one of the offices
listed below, and desiring to do so, shall file a request for a second primary
in writing with the Executive Director of the State Board of Elections no later
than 12:00 noon on the ninth day (including Saturdays and Sundays) following
the date on which the primary was conducted, and such request shall be subject
to the certification of the official results by the State Board of Elections.
If the vote certification by the State Board of Elections determines that a candidate
who was not originally thought to be eligible to call for a second primary is
in fact eligible to call for a second primary, the Executive Director of the
State Board of Elections shall immediately notify such candidate and permit him
to exercise any options available to him within a 48‑hour period
following the notification:
Governor,
Lieutenant Governor,
All State executive officers,
District Attorneys of the General
Court of Justice,
United States Senators,
Members of the United States
House of Representatives,
State Senators in multi‑county
senatorial districts, and
Members of the State House of
Representatives in multi‑county representative districts.
(2) A candidate who is apparently entitled to demand
a second primary, according to the unofficial results, for one of the offices
listed below and desiring to do so, shall file a request for a second primary
in writing with the chairman or director of the county board of elections no
later than 12:00 noon on the ninth day (including Saturdays and Sundays)
following the date on which the primary was conducted, and such request shall
be subject to the certification of the official results by the county board of
elections:
State Senators in single‑county
senatorial districts,
Members of the State House of
Representatives in single‑county representative districts, and
All county officers.
(3) Immediately upon receipt of a request for a
second primary the appropriate board of elections, State or county, shall
notify all candidates entitled to participate in the second primary, by
telephone followed by written notice, that a second primary has been requested
and of the date of the second primary.
(d) Tie Votes; How Determined. –
(1) In the event of a tie for the highest number of
votes in a first primary between two candidates for party nomination for a
single county, or single‑county legislative district office, the board of
elections of the county in which the two candidates were voted for shall
conduct a recount and declare the results. If the recount shows a tie vote, a
second primary shall be held on the date prescribed in subsection (e) of this
section between the two candidates having an equal vote, unless one of the
aspirants, within three days after the result of the recount has been officially
declared, files a written notice of withdrawal with the board of elections with
which he filed notice of candidacy. Should that be done, the remaining aspirant
shall be declared the nominee. In the event of a tie for the highest number of
votes in a first primary among more than two candidates for party nomination
for one of the offices mentioned in this subdivision, no recount shall be held,
but all of the tied candidates shall be entered in a second primary.
(2) In the event of a tie for the highest number of
votes in a first primary between two candidates for a State office, for United
States Senator, or for any district office (including State Senator in a multi‑county
senatorial district and member of the State House of Representatives in a multi‑county
representative district), no recount shall be held solely by reason of the tie,
but the two candidates having an equal vote shall be entered in a second
primary to be held on the date prescribed in subsection (e) of this section,
unless one of the two candidates files a written notice of withdrawal with the
State Board of Elections within three days after the result of the first
primary has been officially declared and published. Should that be done, the
remaining aspirant shall be declared the nominee. In the event of a tie for the
highest number of votes in a first primary among more than two candidates for
party nomination for one of the offices mentioned in this subdivision, no
recount shall be held, but all of the tied candidates shall be entered in a
second primary.
(3) In the event one candidate receives the highest
number of votes cast in a first primary, but short of a substantial plurality,
and two or more of the other candidates receive the second highest number of
votes cast in an equal number, the proper board of elections shall declare the
candidate having the highest vote to be the party nominee, unless all but one
of the tied candidates give written notice of withdrawal to the proper board of
elections within three days after the result of the first primary 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 second
primary in accordance with the provisions of subsection (c) of this section, a
second primary shall be held between the candidate who received the highest
vote and the remaining candidate who received the second highest vote.
(e) Date of Second Primary; Procedures. – If a
second primary is required under the provisions of this section, the
appropriate board of elections, State or county, shall order that it be held 10
weeks after the first primary if any of the offices for which a second primary
is required are for a candidate for the office of United States Senate or
member of the United States House of Representatives. Otherwise, the second
primary shall be held seven weeks after the first primary.
There shall be no registration
of voters between the dates of the first and second primaries. Persons whose
qualifications to register and vote mature after the day of the first primary
and before the day of the second primary may register on the day of the second
primary and, when thus registered, shall be entitled to vote in the second
primary. The second primary is a continuation of the first primary and any
voter who files a proper and timely written affirmation of change of address
within the county under the provisions of G.S. 163‑82.15, in the
first primary may vote in the second primary without having to refile that
written affirmation if the voter is otherwise qualified to vote in the second
primary. Subject to this provision for registration, the second primary shall
be held under the laws, rules, and regulations provided for the first primary.
(f) No Third Primary Permitted. – In no case shall
there be a third primary. The candidates receiving the highest number of votes
in the second primary shall be nominated. If in a second primary there is a tie
for the highest number of votes between two candidates, the proper party
executive committee shall select the party nominee for the office in accordance
with the provisions of G.S. 163‑114."
SECTION 2. G.S. 160A‑23.1(d) reads as rewritten:
"(d) If the council adopts the resolution provided for in subsection (a) of this section and does not adopt the changes, or does adopt the changes, but approval under the Voting Rights Act of 1965, as amended, is required, and notice of such approval is not received, by the end of the third day before the opening of the filing period, the municipal election shall be rescheduled as provided in this subsection and current officeholders shall hold over until their successors are elected and qualified. For cities using the:
(1) Partisan primary and
election method under G.S. 163‑291, the primary shall be held on the
primary election date for county officers in the second year following a
federal decennial census, the second primary, if necessary, shall be held on
the second primary election date for county officers in that year,census
and the general election shall be held on the general election date for county
officers in that year.
(2) Nonpartisan primary and
election method under G.S. 163‑294, the primary shall be held on the
primary election date for county officers in the second year following a
federal decennial census, and the election shall be held on the date for the
second primaryat the same time as the election for county officers
in that year.
(3) Nonpartisan plurality election method under G.S. 163‑292, the election shall be held on the primary election date for county officers in the second year following a federal decennial census.
(4) Election and runoff
method under G.S. 163‑293, the election shall be held on the primary
election date for county officers in the second year following a federal
decennial census, and the runoffs, if necessary, shall be held on the date
for the second primary for county officers in that year.but the results
shall instead be determined by the nonpartisan plurality election method under G.S. 163‑292.
The organizational meeting of the new council may be held at any time after the results of the election have been officially determined and published, but not later than the time and date of the first regular meeting of the council in November of the second year following a federal decennial census, except in the case of partisan municipal elections, when the organizational meeting shall be held not later than the time and date of the first regular meeting of the council in December of the second year following a federal decennial census."
SECTION 3. G.S. 163‑13(b) reads as rewritten:
"(b) Nominating Procedures. – If a congressional vacancy occurs beginning on the tenth day before the filing period ends under G.S. 163‑106(c) preceding the next succeeding general election, candidates for the special election to fill the vacancy shall not be nominated in primaries. Instead, nominations may be made by the political party congressional district executive committees in the district in which the vacancy occurs. The chairman and secretary of each political party congressional district executive committee nominating a candidate shall immediately certify his name and party affiliation to the State Board of Elections so that it may be printed on the special election ballots.
If the congressional vacancy occurs
before the tenth day before the filing period ends under G.S. 163‑106(c)
prior to the next succeeding general election, the Governor shall call a
special primary for the purpose of nominating candidates to be voted on in a
special election called by the Governor in accordance with the provisions of
subsection (a) of this section. Such a primary election shall be conducted in
accordance with the general laws governing primaries, except that the opening and
closing dates for filing notices of candidacy with the State Board of Elections
shall be fixed by the Governor in his call for the special primary. The
Governor may also fix the absentee voting period for the special election and
for the special first primary, but such period shall not be less than 30
days."
SECTION 4. G.S. 163‑55(c) reads as rewritten:
"(c) Elections. – For
purposes of the 30‑day residence requirement to vote in an election in
subsection (a) of this section, the term "election" means the day of
the primary, second primary, general election, special election, or
referendum."
SECTION 5. G.S. 163‑82.6(d) reads as rewritten:
"(d) Instances When Person May Register and Vote on Primary or Election Day. – If a person has become qualified to register and vote between the twenty‑fifth day before a primary or election and primary or election day, then that person may apply to register on primary or election day by submitting an application form described in G.S. 163‑82.3(a) or (b) to:
(1) A member of the county board of elections;
(2) The county director of elections; or
(3) The chief judge or a judge of the precinct in which the person is eligible to vote,
and, if the application is approved,
that person may vote the same day. The official in subdivisions (1) through (3)
of this subsection to whom the application is submitted shall decide whether
the applicant is eligible to vote. The applicant shall present to the official
written or documentary evidence that the applicant is the person he represents
himself to be. The official, if in doubt as to the right of the applicant to
register, may require other evidence satisfactory to that official as to the
applicant's qualifications. If the official determines that the person is
eligible, the person shall be permitted to vote in the primary or election and
the county board shall add the person's name to the list of registered voters.
If the official denies the application, the person shall be permitted to vote a
challenged ballot under the provisions of G.S. 163‑88.1, and may
appeal the denial to the full county board of elections. The State Board of
Elections shall promulgate rules for the county boards of elections to follow
in hearing appeals for denial of primary or election day applications to register.
No person shall be permitted to register on the day of a second primary unless
he shall have become qualified to register and vote between the date of the
first primary and the date of the succeeding second primary."
SECTION 6. G.S. 163‑82.17(a) reads as rewritten:
"(a) Registrant's Duty to
Report. – Any registrant who desires to have the record of his party
affiliation or unaffiliated status changed on the registration list shall, no
later than the last day for making application to register under G.S. 163‑82.6
before the election, indicate the change on an application form as described in
G.S. 163‑82.3 or on a voter registration card described in
G.S. 163‑82.8. No registrant shall be permitted to change party
affiliation or unaffiliated status for a primary, second primary, or
special or general election after the deadline for registration applications
for that election as set out in G.S. 163‑82.6."
SECTION 7. G.S. 163‑182.11(a) reads as rewritten:
"§ 163‑182.11. Appeal of a protest decision by the county board to the State Board of Elections.
(a) Notice and Perfection of Appeal. – The decision by the county board of elections on an election protest may be appealed to the State Board of Elections by any of the following:
(1) The person who filed the protest.
(2) A candidate or elected official adversely affected by the county board's decision.
(3) Any other person who participated in the hearing and has a significant interest adversely affected by the county board's decision.
Written notice of the appeal must
be given to the county board within 24 hours after the county board files the
written decision at its office. The appeal to the State Board must be in
writing. The appeal must be delivered or deposited in the mail, addressed to
the State Board, by the appropriate one of the following: (i) the end of the
second day after the day the decision was filed by the county board in its
office, if the decision concerns a first primary; or (ii) the end of the
fifth day after the day the decision was filed in the county board office, if
the decision concerns an election other than a first primary.
The State Board shall prescribe forms for filing appeals from the county board."
SECTION 8. G.S. 163‑226(c) reads as rewritten:
"(c) The Term
"Election". – As used in this Subchapter, unless the context clearly
requires otherwise, the term "election" includes a general, primary,
second primary, runoff election, bond election, referendum, or special
election."
SECTION 9. G.S. 163‑227.1 is repealed.
SECTION 10. G.S. 163‑227.3(b) is repealed.
SECTION 11. G.S. 163‑258.9(a) reads as rewritten:
"(a) Not later than 60
days before the statewide general election in even‑numbered years and not
later than 50 days before any other election, the county board of elections
shall transmit a ballot and balloting materials to all covered voters who by
that date submit a valid military‑overseas ballot application, except
for a second primary.application. Provided, in a presidential
election year, the board of elections shall provide general election ballots no
later than three days after nomination of the presidential and vice
presidential candidates if that nomination occurs later than 63 days prior to
the statewide general election and makes compliance with the 60‑day
deadline impossible. However, in the case of municipal elections, absentee
ballots shall be made available no later than 30 days before an election. For
a second primary which includes a candidate for federal office, the county
board of elections shall transmit a ballot and balloting material to all
covered voters who by that date submit a valid military‑overseas ballot
application no later than 45 days before the second primary. For a second
primary which does not include a candidate for federal office, the transmission
of the ballot and ballot materials shall be as soon as practicable and shall be
transmitted electronically no later than three business days and by mail no
later than 15 days from the date the appropriate board of elections orders that
the second primary be held pursuant to G.S. 163‑111. If
additional offices are added to the ballot to fill a vacancy occurring after
the deadline provided by this subsection, those ballots shall be transmitted as
soon as practicable."
SECTION 12. G.S. 163‑258.16(a) reads as rewritten:
"(a) Not later than 100
days before a regularly scheduled election to which this Article applies, and
as soon as practicable in the case of an election or vacancy election not
regularly scheduled, each county board of elections shall prepare an election
notice for that jurisdiction to be used in conjunction with the federal write‑in
absentee ballot described in G.S. 163‑258.11. For a second
primary required by G.S. 163‑111, the county board of elections
shall prepare, no later than the day following the date the appropriate board
of elections orders that a second primary be held, an election notice for that
jurisdiction to be used in conjunction with the federal write‑in absentee
ballot. The election notice shall contain a list of all of the ballot
measures and federal, State, and local offices that, as of that date, the
official expects to be on the ballot on the date of the election. The notice
also shall contain specific instructions for how a voter is to indicate on the
federal write‑in absentee ballot the voter's choice for each office to be
filled and for each ballot measure to be contested."
SECTION 13. G.S. 163‑258.29 reads as rewritten:
"§ 163‑258.29. Absentee voting at office of board of elections.
Notwithstanding any other provisions of this Chapter, any covered voter under this Article shall be permitted to vote an absentee ballot pursuant to G.S. 163‑227.2 if the covered voter has not already voted an absentee ballot which has been returned to the board of elections, and if the covered voter will not be in the county on the day of the primary or election.
In the event an absentee
application or ballot has already been mailed to the covered voter applying to
vote pursuant to G.S. 163‑227.2, the board of elections shall void the
application and ballot unless the voted absentee ballot has been received by
the board of elections. The covered voter shall be eligible to vote pursuant to
G.S. 163‑227.2 no later than 5:00 P.M. on the day next preceding the
primary, second primary or election."
SECTION 14. G.S. 163‑278.6(8) reads as rewritten:
"§ 163‑278.6. Definitions.
When used in this Article:
...
(8) The term
"election" means any general or special election, a first or
second primary, a run‑off election, or an election to fill a
vacancy. The term "election" shall not include any local or statewide
referendum."
SECTION 15. G.S. 163‑278.13(d) reads as rewritten:
"(d) For the purposes of
this section, the term "an election" means the period of time from
January 1 of an odd‑numbered year through the day of the primary, the
day after the primary through the day of the second primary,primary
or the day after the primary through December 31 of the next even‑numbered
year, without regard to whether the candidate is opposed or unopposed in the election,
except that where a candidate is not on the ballot in a second primary, that
second primary is not "an election" with respect to that candidate.election."
SECTION 16. G.S. 163‑278.13B(d) is repealed.
SECTION 17. G.S. 163‑278.40B(2) reads as rewritten:
"§ 163‑278.40B. Campaign report; partisan election.
In any city election conducted on a partisan basis in accordance with G.S. 163‑279(a)(2) and 163‑291, the following reports shall be filed in addition to the organizational report:
...
(2) Pre‑election
Report. – The treasurer shall file a report 10 days before the election,
unless a second primary is held and the candidate appeared on the ballot in the
second primary, in which case the report shall be filed 10 days before the
second primary.election."
SECTION 18. G.S. 163‑279(a)(2) reads as rewritten:
"(a) Primaries and elections for offices filled by election of the people in cities, towns, incorporated villages, and special districts shall be held in 1973 and every two or four years thereafter as provided by municipal charter on the following days:
...
(2) If the election is
partisan, the election shall be held on Tuesday after the first Monday in November,
the firstNovember and the primary shall be held on the second
Tuesday after Labor Day, and the second primary, if required, shall be held
on the fourth Tuesday before the election.Day."
SECTION 19. 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:
...
(5) The canvass of the
primary and second primary shall be held on the seventh day 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 Thursday following the
canvass of the first primary."
SECTION 20. G.S. 163‑329(b1) reads as rewritten:
"(b1) Method for Vacancy
Election. – If a vacancy for the office of justice of the Supreme Court, judge
of the Court of Appeals, or judge of the superior court occurs more than 60
days before the general election and after the opening of the filing period for
the primary, then the State Board of Elections shall designate a special filing
period of one week for candidates for the office. If more than two candidates
file and qualify for the office in accordance with G.S. 163‑323,
then the Board shall conduct the election for the office as follows:
(1) When the vacancy described in this section
occurs more than 63 days before the date of the second primary for members of
the General Assembly, a special primary shall be held on the same day as the
second primary. The two candidates with the most votes in the special primary
shall have their names placed on the ballot for the general election held on
the same day as the general election for members of the General Assembly.
(2) When the vacancy described in this section
occurs less than 64 days before the date of the second primary, a general
election for all the candidates shall be held on the same day as the
general election for members of the General Assembly and the results shall be
determined on a plurality basis as provided by G.S. 163‑292.
(3) Repealed by Session Laws 2013‑381, s.
51.1, effective January 1, 2014."
SECTION 21. This act is effective when it becomes law and applies to elections held on or after that date.
