§ 163-294.4. Failure of candidates to file; death of a candidate before election. - North Carolina Statutes

§ 163‑294.4. Failure of candidates to file; death of a candidate before election.

(a)        If in a nonpartisan municipal election, when the filingperiod expires, candidates have not filed for all offices to be filled, theboard of elections may extend the filing period for five days.

(b)        If at the time the filing period closes only two personshave filed notice of candidacy for election to a single office or only as manypersons have filed notices of candidacy for group offices as there are officesto be filled, and thereafter one of the candidates dies before the election andbefore the ballots are printed, the board of elections shall, upon notificationof the death, immediately reopen the filing period for an additional five daysduring which time additional candidates shall be permitted to file forelection. If the  ballots have been printed at the time the board of electionsreceives notice of the candidate's death, the board shall determine whetherthere will be sufficient time to reprint them before the election if the filingperiod is reopened for three days. If the board determines that there will besufficient time to reprint the ballots, it shall reopen the filing period forthree days to allow other candidates to file for election.

(c)        If the ballots have been printed at the time the board ofelections receives notice of a candidate's death, and if the board determinesthat there is not enough time to reprint the ballots before the election if thefiling period is reopened for three days, then, regardless of the number ofcandidates remaining for the office, the ballots shall not be reprinted and thename of the deceased candidate shall remain on the ballots. If a deceasedcandidate should poll the highest number of votes in the election, even though shortof a majority the board of elections shall declare the office vacant and itshall be filled in the manner provided by law. If no candidate in an electionreceives a majority of the votes cast and the second highest vote is cast for adeceased candidate, no runoff election shall be held, but the board ofelections shall declare the candidate receiving the highest vote to be elected.(1971, c. 835, s. 1.)