§ 163-13. Filling vacancy in United States House of Representatives. - North Carolina Statutes

§ 163‑13.  Fillingvacancy in United States House of Representatives.

(a)        Special Election. – If at any time after expiration of anyCongress and before another election, or if at any time after an election,there shall be a vacancy in this State's representation in the House ofRepresentatives of the United States Congress, the Governor shall issue a writof election, and by proclamation fix the date on which an election to fill thevacancy shall be held in the appropriate congressional district.

(b)        Nominating Procedures. – If a congressional vacancy occursbeginning on the tenth day before the filing period ends under G.S. 163‑106(c)preceding the next succeeding general election, candidates for the specialelection to fill the vacancy shall not be nominated in primaries. Instead,nominations may be made by the political party congressional district executivecommittees in the district in which the vacancy occurs. The chairman andsecretary of each political party congressional district executive committeenominating a candidate shall immediately certify his name and party affiliationto the State Board of Elections so that it may be printed on the specialelection ballots.

If the congressional vacancy occurs before the tenth day before thefiling period ends under G.S. 163‑106(c) prior to the next succeedinggeneral election, the Governor shall call a special primary for the purpose ofnominating candidates to be voted on in a special election called by theGovernor in accordance with the provisions of subsection (a) of this section.Such a primary election shall be conducted in accordance with the general lawsgoverning primaries, except that the opening and closing dates for filingnotices of candidacy with the State Board of Elections shall be fixed by theGovernor in his call for the special primary. The Governor may also fix theabsentee voting period for the special election and for the special firstprimary, but such period shall not be less than 30 days. (1901, c. 89, s. 60; Rev., s. 4369; C.S., s. 6007;1947, c. 505, s. 5; 1967, c. 775, s. 1; 1985, c. 759, ss. 3‑5.)