§ 163-294. Determination of election results in cities using nonpartisan primaries. - North Carolina Statutes

§ 163‑294.  Determination of election results incities using nonpartisan primaries.

(a)        In cities whose elections are nonpartisan and who use thenonpartisan primary and election method, there shall be a primary to narrow thefield of candidates to two candidates for each position to be filled if, whenthe filing period closes, there are more than two candidates for a singleoffice or the number of candidates for a group of offices exceeds twice thenumber of positions to be filled. If only one or two candidates file for asingle office, no primary shall be held for that office and the candidatesshall be declared nominated. If the number of candidates for a group of officesdoes not exceed twice the number of positions to be filled, no primary shall beheld for those offices and the candidates shall be declared nominated.

(b)        In the primary, the two candidates for a single officereceiving the highest number of votes, and those candidates for a group ofoffices receiving the highest number of votes, equal to twice the number ofpositions to be filled, shall be declared nominated. In both the primary andelection, a voter should not mark more names for any office than there arepositions to be filled by election. If two or more candidates receiving thehighest number of votes each received the same number of votes, the board ofelections shall determine their relative ranking by lot, and shall declare thenominees accordingly. The canvass of the primary shall be held on the seventhday following the primary. In accepting the filing of complaints concerning theconduct of an election, a board of elections shall be subject to the rulesconcerning Sundays and holidays set forth in G.S. 103‑5.

(c)        In the election, the names of those candidates declarednominated without a primary and those candidates nominated in the primary shallbe placed on the ballot. The candidate for a single office receiving thehighest number of votes shall be elected. Those candidates for a group ofoffices receiving the highest number of votes, equal in number to the number ofpositions to be filled, shall be elected. If two candidates receiving thehighest number of votes each received the same number of votes, the board ofelections shall determine the winner by lot. (1971, c. 835, s. 1; 1991, c. 341, s. 1; 1995 (Reg. Sess., 1996), c.553, s. 4; 2001‑460, s. 6; 2003‑278, s. 10(h).)