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North Carolina General Statutes Chapter 163. Elections and Election Laws § 163-114. Filling vacancies among party nominees occurring after nomination and before election

Current as of January 01, 2023 | Updated by Findlaw Staff

(a) If any person nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general election, the vacancy shall be filled by appointment according to the following instructions:

Position

President
Vice President

Vacancy is to be filled by appointment of national executive committee of political party in which vacancy occurs

Presidential elector or alternate elector
Any elective State office
United States Senator

Vacancy is to be filled by appointment of State executive committee of political party in which vacancy occurs

A district office, including:

Appropriate district executive

Member of the United States House of Representatives

committee of political party in which vacancy occurs

Judge of district court

District Attorney

State Senator in a multi-county senatorial district

Member of State House of Representatives in a multi-county representative district

State Senator in a single-county senatorial district

County executive committee of political party in which vacancy

Member of State House of Representatives in a single-county representative district

occurs, provided, in the case of the State Senator or State Representative in a single-county

Any elective county office

district where not all the county is located in that district, then in voting, only those members of the county executive committee who reside within the district shall vote

Judge of superior court in a single-county judicial district where the district is the whole county or part of the county

County executive committee of political party in which vacancy occurs; provided, in the case of a superior court judge in a single-county district where not all the county is located in that district, then in voting, only those members of the county executive committee who reside within the district shall vote

Judge of superior court in a multicounty judicial district

Appropriate district executive committee of political party in which vacancy occurs.

The party executive making a nomination in accordance with the provisions of this section shall certify the name of its nominee to the chairman of the board of elections, State or county, that has jurisdiction over the ballot item under G.S. 163-182.4. If at the time a nomination is made under this section the general election ballots have already been printed, the provisions of G.S. 163-165.3(c) shall apply. If a vacancy occurs in a nomination of a political party and that vacancy arises from a cause other than death and the vacancy in nomination occurs more than 120 days before the general election, the vacancy in nomination may be filled under this section only if the appropriate executive committee certifies the name of the nominee in accordance with this paragraph at least 75 days before the general election.

(b) In a county which is partly in a multicounty judicial district, in choosing that county's member or members of the judicial district executive committee for the multicounty district, only the county convention delegates or county executive committee members who reside within the area of the county which is within that multicounty district may vote.

(c) In a county not all of which is located in one congressional district, in choosing the congressional district executive committee member or members from that area of the county, only the county convention delegates or county executive committee members who reside within the area of the county which is within the congressional district may vote.

(d) In a county which is partly in a multi-county senatorial district or which is partly in a multi-county House of Representatives district, in choosing that county's member or members of the senatorial district executive committee or House of Representatives district executive committee for the multi-county district, only the county convention delegates or county executive committee members who reside within the area of the county which is within that multi-county district may vote.

(e) An individual whose name appeared on the ballot in a primary election preliminary to the general election shall not be eligible to be nominated to fill a vacancy in the nomination of another party for the same office in the same year.

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Cite this article: FindLaw.com - North Carolina General Statutes Chapter 163. Elections and Election Laws § 163-114. Filling vacancies among party nominees occurring after nomination and before election - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-163-elections-and-election-laws/nc-gen-st-sect-163-114/

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