§ 163-122. Unaffiliated candidates nominated by petition.

NORTH CAROLINA STATUTES AND CODES

§ 163-122. Unaffiliated candidates nominated by petition.

§ 163‑122. Unaffiliatedcandidates nominated by petition.

(a) Procedure forHaving Name Printed on Ballot as Unaffiliated Candidate. Any qualified voterwho seeks to have his name printed on the general election ballot as anunaffiliated candidate shall:

(1) If the office is astatewide office, file written petitions with the State Board of Electionssupporting his candidacy for a specified office. These petitions must be filedwith the State Board of Elections on or before 12:00 noon on the last Friday inJune preceding the general election and must be signed by qualified voters ofthe State equal in number to two percent (2%) of the total number of voters whovoted in the most recent general election for Governor. Also, the petition mustbe signed by at least 200 registered voters from each of four congressionaldistricts in North Carolina. No later than 5:00 p.m. on the fifteenth daypreceding the date the petitions are due to be filed with the State Board ofElections, each petition shall be presented to the chairman of the board ofelections of the county in which the signatures were obtained. Provided thepetitions are timely submitted, the chairman shall examine the names on thepetition and place a check mark on the petition by the name of each signer whois qualified and registered to vote in his county and shall attach to thepetition his signed certificate. Said certificates shall state that thesignatures on the petition have been checked against the registration recordsand shall indicate the number of signers to be qualified and registered to votein his county. The chairman shall return each petition, together with thecertificate required in this section, to the person who presented it to him forchecking. Verification by the chairman of the county board of elections shallbe completed within two weeks from the date such petitions are presented.

(2) If the office is adistrict office under the jurisdiction of the State Board of Elections underG.S. 163‑182.4(b), file written petitions with the State Board ofElections supporting that voter's candidacy for a specified office. Thesepetitions must be filed with the State Board of Elections on or before 12:00noon on the last Friday in June preceding the general election and must besigned by qualified voters of the district equal in number to four percent (4%)of the total number of registered voters in the district as reflected by thevoter registration records of the State Board of Elections as of January 1 ofthe year in which the general election is to be held. Each petition shall bepresented to the chairman of the board of elections of the county in which thesignatures were obtained. The chairman shall examine the names on the petitionand the procedure for certification and deadline for submission to the countyboard shall be the same as specified in (1) above.

(3) If the office is acounty office or a single county legislative district, file written petitionswith the chairman or director of the county board of elections supporting hiscandidacy for a specified county office. These petitions must be filed with thecounty board of elections on or before 12:00 noon on the last Friday in Junepreceding the general election and must be signed by qualified voters of thecounty equal in number to four percent (4%) of the total number of registeredvoters in the county as reflected by the voter registration records of theState Board of Elections as of January 1 of the year in which the generalelection is to be held, except if the office is for a district consisting ofless than the entire county and only the voters in that district vote for thatoffice, the petitions must be signed by qualified voters of the district equalin number to four percent (4%) of the total number of voters in the district accordingto the voter registration records of the State Board of Elections as of January1 of the year in which the general election is to be held. Each petition shallbe presented to the chairman or director of the county board of elections. Thechairman shall examine, or cause to be examined, the names on the petition andthe procedure for certification shall be the same as specified in (1) above.

(4) If the office is apartisan municipal office, file written petitions with the chairman or directorof the county board of elections in the county wherein the municipality islocated supporting his candidacy for a specified municipal office. Thesepetitions must be filed with the county board of elections on or before thetime and date specified in G.S. 163‑296 and must be signed by the numberof qualified voters specified in G.S. 163‑296. The procedure forcertification shall be the same as specified in (1) above.

Upon compliance with theprovisions of (1), (2), (3), or (4) of this subsection, the board of electionswith which the petitions have been timely filed shall cause the unaffiliatedcandidate's name to be printed on the general election ballots in accordancewith Article 14A of this Chapter.

An individual whose nameappeared on the ballot in a primary election preliminary to the generalelection shall not be eligible to have his name placed on the general electionballot as an unaffiliated candidate for the same office in that year.

(b) Form of Petition. Petitions requesting an unaffiliated candidate to be placed on the generalelection ballot shall contain on the heading of each page of the petition inbold print or in all capital letters the words: "THE UNDERSIGNEDREGISTERED VOTERS IN __________ COUNTY HEREBY PETITION ON BEHALF OF __________AS AN UNAFFILIATED CANDIDATE FOR THE OFFICE OF __________ IN THE NEXT GENERALELECTION. THE UNDERSIGNED HEREBY PETITION THAT SUBJECT CANDIDATE BE PLACED ONTHE APPROPRIATE BALLOT UPON COMPLIANCE WITH THE PROVISIONS CONTAINED IN G.S.163‑122."

(d) When any personfiles a petition with a board of elections under this section, the board ofelections shall, immediately upon receipt of the petition, inspect theregistration records of the county and cancel the petition of any person whodoes not meet the constitutional or statutory qualifications for the office,including residency.

The board shall give notice ofcancellation to any person whose petition has been cancelled under this subsectionby mail or by having the notice served on that person by the sheriff and to anyother candidate filing for the same office. A person whose petition has beencancelled or another candidate for the same office affected by a substantiationunder this subsection may request a hearing on the issue of constitutional orstatutory qualifications for the office. If the person requests a hearing, thehearing shall be conducted in accordance with Article 11B of Chapter 163 of theGeneral Statutes.

(e) Any candidateseeking to have that candidate's name printed on the general election ballotunder this section shall pay a filing fee equal to that provided for candidatesfor the office in G.S. 163‑107 or comply with the alternative availableto candidates for the office in G.S. 163‑107.1. (1929, c. 164, s. 6; 1931,c. 223; 1935, c. 236; 1967, c. 775, s. 1; 1973, c. 793, s. 50; 1977, c. 408, s.3; 1979, c. 23, ss. 1, 3; c. 534, s. 2; 1981, c. 637; 1991, c. 297, s. 1; 1995,c. 243, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 14; 1999‑424, s. 5(b); 2002‑159,s. 21(b); 2004‑127, s. 8(a); 2006‑155, s. 3; 2006‑234, ss. 4,5; 2007‑391, s. 8(a); 2007‑484, s. 21; 2008‑187, s. 33(a).)