§ 163-111. Determination of primary results; second primaries. - North Carolina Statutes

§ 163‑111. Determination of primary results; second primaries.

(a)        NominationDetermined by Substantial Plurality; Definition of Substantial Plurality. – Exceptas otherwise provided in this section, nominations in primary elections shallbe determined by a substantial plurality of the votes cast. A substantialplurality within the meaning of this section shall be determined as follows:

(1)        If a nominee for asingle office is to be selected, and there is more than one person seekingnomination, the substantial plurality shall be ascertained by multiplying thetotal vote cast for all aspirants by forty percent (40%). Any excess of the sumso ascertained shall be a substantial plurality, and the aspirant who obtains asubstantial plurality shall be declared the nominee. If two candidates receivea substantial plurality, the candidate receiving the highest vote shall bedeclared the nominee.

(2)        If nominees for twoor more offices (constituting a group) are to be selected, and there are morepersons seeking nomination than there are offices, the substantial pluralityshall be ascertained by dividing the total vote cast for all aspirants by thenumber of positions to be filled, and by multiplying the result by fortypercent (40%). Any excess of the sum so ascertained shall be a substantialplurality, and the aspirants who obtain a substantial plurality shall bedeclared the nominees. If more candidates obtain a substantial plurality thanthere are positions to be filled, those having the highest vote (equal to thenumber of positions to be filled) shall be declared the nominees.

(b)        Right to DemandSecond Primary. – If an insufficient number of aspirants receive a substantialplurality of the votes cast for a given office or group of offices in aprimary, a second primary, subject to the conditions specified in this section,shall be held:

(1)        If a nominee for asingle office is to be selected and no aspirant receives a substantialplurality of the votes cast, the aspirant receiving the highest number of votesshall be declared nominated by the appropriate board of elections unless theaspirant receiving the second highest number of votes shall request a secondprimary in accordance with the provisions of subsection (c) of this section. Inthe second primary only the two aspirants who received the highest and nexthighest number of votes shall be voted for.

(2)        If nominees for twoor more offices (constituting a group) are to be selected and aspirants forsome or all of the positions within the group do not receive a substantialplurality of the votes, those candidates equal in number to the positionsremaining to be filled and having the highest number of votes shall be declaredthe nominees unless some one or all of the aspirants equal in number to thepositions remaining to be filled and having the second highest number of votesshall request a second primary in accordance with the provisions of subsection(c) of this section. In the second primary to select nominees for the positionsin the group remaining to be filled, the names of all those candidatesreceiving the highest number of votes and all those receiving the secondhighest number of votes and demanding a second primary shall be printed on theballot.

(c)        Procedure forRequesting Second Primary. –

(1)        A candidate who isapparently entitled to demand a second primary, according to the unofficialresults, for one of the offices listed below, and desiring to do so, shall filea request for a second primary in writing with the Executive Director of theState Board of Elections no later than 12:00 noon on the ninth day (includingSaturdays and Sundays) following the date on which the primary was conducted,and such request shall be subject to the certification of the official resultsby the State Board of Elections. If the vote certification by the State Boardof Elections determines that a candidate who was not originally thought to beeligible to call for a second primary is in fact eligible to call for a secondprimary, the Executive Director of the State Board of Elections shallimmediately notify such candidate and permit him to exercise any optionsavailable 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 senatorialdistricts, and

Members of the State House of Representatives in multi‑countyrepresentative districts.

(2)        A candidate who isapparently entitled to demand a second primary, according to the unofficialresults, for one of the offices listed below and desiring to do so, shall filea request for a second primary in writing with the chairman or director of thecounty board of elections no later than 12:00 noon on the ninth day (includingSaturdays and Sundays) following the date on which the primary was conducted,and such request shall be subject to the certification of the official resultsby the county board of elections:

State Senators in single‑county senatorialdistricts,

Members of the State House of Representatives insingle‑county representative districts, and

All county officers.

(3)        Immediately uponreceipt of a request for a second primary the appropriate board of elections,State or county, shall notify all candidates entitled to participate in thesecond primary, by telephone followed by written notice, that a second primaryhas been requested and of the date of the second primary.

(d)        Tie Votes; HowDetermined. –

(1)        In the event of atie for the highest number of votes in a first primary between two candidatesfor party nomination for a single county, or single‑county legislativedistrict office, the board of elections of the county in which the twocandidates were voted for shall conduct a recount and declare the results. Ifthe recount shows a tie vote, a second primary shall be held on the dateprescribed in subsection (e) of this section between the two candidates havingan equal vote, unless one of the aspirants, within three days after the resultof the recount has been officially declared, files a written notice ofwithdrawal with the board of elections with which he filed notice of candidacy.Should that be done, the remaining aspirant shall be declared the nominee. Inthe event of a tie for the highest number of votes in a first primary amongmore than two candidates for party nomination for one of the offices mentionedin this subdivision, no recount shall be held, but all of the tied candidatesshall be entered in a second primary.

(2)        In the event of atie for the highest number of votes in a first primary between two candidatesfor a State office, for United States Senator, or for any district office(including State Senator in a multi‑county senatorial district and memberof the State House of Representatives in a multi‑county representativedistrict), no recount shall be held solely by reason of the tie, but the twocandidates having an equal vote shall be entered in a second primary to be heldon the date prescribed in subsection (e) of this section, unless one of the twocandidates files a written notice of withdrawal with the State Board ofElections within three days after the result of the first primary has beenofficially declared and published. Should that be done, the remaining aspirantshall be declared the nominee. In the event of a tie for the highest number ofvotes in a first primary among more than two candidates for party nominationfor 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 onecandidate receives the highest number of votes cast in a first primary, butshort of a substantial plurality, and two or more of the other candidatesreceive the second highest number of votes cast in an equal number, the properboard of elections shall declare the candidate having the highest vote to bethe party nominee, unless all but one of the tied candidates give writtennotice of withdrawal to the proper board of elections within three days afterthe result of the first primary has been officially declared. If all but one ofthe tied candidates withdraw within the prescribed three‑day period, andthe remaining candidate demands a second primary in accordance with theprovisions of subsection (c) of this section, a second primary shall be heldbetween the candidate who received the highest vote and the remaining candidatewho received the second highest vote.

(e)        Date of SecondPrimary; Procedures. – If a second primary is required under the provisions ofthis section, the appropriate board of elections, State or county, shall orderthat it be held seven weeks after the first primary.

There shall be no registrationof voters between the dates of the first and second primaries. Persons whosequalifications to register and vote mature after the day of the first primaryand before the day of the second primary may register on the day of the secondprimary and, when thus registered, shall be entitled to vote in the secondprimary. The second primary is a continuation of the first primary and anyvoter who files a proper and timely written affirmation of change of addresswithin the county under the provisions of G.S. 163‑82.15, in the firstprimary may vote in the second primary without having to refile that writtenaffirmation if he is otherwise qualified to vote in the second primary. Subjectto this provision for registration, the second primary shall be held under thelaws, rules, and regulations provided for the first primary.

(f)         No Third PrimaryPermitted. – In no case shall there be a third primary. The candidatesreceiving 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 betweentwo candidates, the proper party executive committee shall select the partynominee for the office in accordance with the provisions of G.S. 163‑114.(1915, c. 101,s. 24; 1917, c. 179, s. 2; c. 218; C.S., s. 6045; 1927, c. 260, s. 23; 1931, c.254, s. 17; 1959, c. 1055; 1961, c. 383; 1966, Ex. Sess., c. 5, s. 13; 1967, c.775, s. 1; 1969, c. 44, s. 85; 1973, c. 47, s. 2; c. 793, ss. 43, 44; 1975, c.844, s. 3; 1977, c. 265, s. 9; 1981, c. 645, ss. 1, 2; 1989, c. 549; 1995, c.243, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 10; 1999‑424, s. 7(e); 2001‑319,s. 11; 2001‑403, s. 5; 2002‑158, s. 12; 2003‑278, s. 10(d);2006‑192, s. 2.)