§ 163‑106. Notices ofcandidacy; pledge; with whom filed; date for filing; withdrawal.
(a) Notice and Pledge. No one shall be voted for in a primary election without having filed a noticeof candidacy with the appropriate board of elections, State or county, asrequired by this section. To this end every candidate for selection as thenominee of a political party shall file with and place in the possession of theboard of elections specified in subsection (c) of this section, a notice andpledge in the following form:
Date __________
I hereby file notice as a candidate for nomination as____________ in the __________ party primary election to be held on ________,______ I affiliate with the __________ party, (and I certify that I am nowregistered on the registration records of the precinct in which I reside as anaffiliate of the ____________ party.)
I pledge that if I am defeated in the primary, I willnot run for the same office as a write‑in candidate in the next generalelection.
Signed ___________________
(Name of Candidate)
Witness:
______________________________________
______________________________________
(Titleof witness)
Each candidate shall sign thenotice of candidacy in the presence of the chairman or secretary of the boardof elections, State or county, with which the candidate files. In thealternative, a candidate may have the candidate's signature on the notice ofcandidacy acknowledged and certified to by an officer authorized to takeacknowledgments and administer oaths, in which case the candidate may mail ordeliver by commercial courier service the candidate's notice of candidacy tothe appropriate board of elections.
In signing the notice ofcandidacy the candidate shall use only that candidate's legal name and may useany nickname by which he is commonly known. A candidate may also, in lieu ofthat candidate's legal first name and legal middle initial or middle name (ifany) sign a nickname, provided that the candidate appends to the notice ofcandidacy an affidavit that the candidate has been commonly known by thatnickname for at least five years prior to the date of making the affidavit. Thecandidate shall also include with the affidavit the way that candidate's name(as permitted by law) should be listed on the ballot if another candidate withthe same last name files a notice of candidacy for that office.
A notice of candidacy signedby an agent or any person other than the candidate shall be invalid.
Prior to the date on whichcandidates may commence filing, the State Board of Elections shall print andfurnish, at State expense, to each county board of elections a sufficientnumber of the notice of candidacy forms prescribed by this subsection for useby candidates required to file with county boards of elections.
(a1) Disclosure of FelonyConviction. At the same time the candidate files notice of candidacy underthis section, the candidate shall file with the same office a statementanswering the following question: "Have you ever been convicted of afelony?" The State Board of Elections shall adapt the notice of candidacyform to include the statement required by this subsection. The form shall makeclear that a felony conviction need not be disclosed if the conviction wasdismissed as a result of reversal on appeal or resulted in a pardon ofinnocence or expungement. The form shall require a candidate who answers"yes" to the question to provide the name of the offense, the date ofconviction, the date of the restoration of citizenship rights, and the countyand state of conviction. The form shall require the candidate to swear oraffirm that the statements on the form are true, correct, and complete to thebest of the candidate's knowledge or belief. The form shall be available as apublic record in the office of the board of elections where the candidate filesnotice of candidacy and shall contain an explanation that a prior felonyconviction does not preclude holding elective office if the candidate's rightsof citizenship have been restored. This subsection shall also apply toindividuals who become candidates for election by the people under G.S. 163‑114,163‑122, 163‑123, 163‑98, 115C‑37, 130A‑50,Article 24 of Chapter 163 of the General Statutes, or any other statute orlocal act. Those individuals shall complete the question at the time thedocuments are filed initiating their candidacy. The State Board of Electionsshall adapt those documents to include the statement required by thissubsection. If an individual does not complete the statement required by thissubsection, the board of elections accepting the filing shall notify theindividual of the omission, and the individual shall have 48 hours after noticeto complete the statement. If the individual does not complete the statement atthe time of filing or within 48 hours after the notice, the individual's filingis not complete, the individual's name shall not appear on the ballot as acandidate, and votes for the individual shall not be counted. It is a Class Ifelony to complete the form knowing that information as to felony conviction orrestoration of citizenship is untrue. This subsection shall not apply tocandidates required by G.S. 138A‑22(d) to file Statements of EconomicInterest.
(b) Eligibility toFile. No person shall be permitted to file as a candidate in a primary if, atthe time he offers to file notice of candidacy, he is registered on theappropriate registration book or record as an affiliate of a political partyother than that in whose primary he is attempting to file. No person who haschanged his political party affiliation or who has changed from unaffiliatedstatus to party affiliation as permitted in G.S. 163‑82.17, shall bepermitted to file as a candidate in the primary of the party to which hechanged unless he has been affiliated with the political party in which heseeks to be a candidate for at least 90 days prior to the filing date for theoffice for which he desires to file his notice of candidacy.
A person registered as"unaffiliated" shall be ineligible to file as a candidate in a partyprimary election.
(c) Time for FilingNotice of Candidacy. Candidates seeking party primary nominations for thefollowing offices shall file their notice of candidacy with the State Board ofElections no earlier than 12:00 noon on the second Monday in February and nolater than 12:00 noon on the last business day in February preceding theprimary:
Governor
Lieutenant Governor
All State executive officers
United States Senators
Members of the House ofRepresentatives of the United States
District attorneys
Candidates seeking partyprimary nominations for the following offices shall file their notice ofcandidacy with the county board of elections no earlier than 12:00 noon on thesecond Monday in February and no later than 12:00 noon on the last business dayin February preceding the primary:
State Senators
Members of the State House ofRepresentatives
All county offices.
(d) Notice of Candidacyfor Certain Offices to Indicate Vacancy. In any primary in which there aretwo vacancies for United States Senator from North Carolina, each candidateshall, at the time of filing notice of candidacy, file with the State Board ofElections a written statement designating the vacancy to which he seeksnomination. Votes cast for a candidate shall be effective only for hisnomination to the vacancy for which he has given notice of candidacy asprovided in this subsection.
(e) Withdrawal ofNotice of Candidacy. Any person who has filed notice of candidacy for anoffice shall have the right to withdraw it at any time prior to the date onwhich the right to file for that office expires under the terms of subsection(c) of this section. If a candidate does not withdraw before the filingdeadline, except as provided in G.S. 163‑112, his name shall be printedon the primary ballot, any votes for him shall be counted, and he shall not berefunded his filing fee.
(f) Candidatesrequired to file their notice of candidacy with the State Board of Electionsunder subsection (c) of this section shall file along with their notice acertificate signed by the chairman of the board of elections or the director ofelections of the county in which they are registered to vote, stating that theperson is registered to vote in that county, stating the party with which theperson is affiliated, and that the person has not changed his affiliation fromanother party or from unaffiliated within three months prior to the filingdeadline under subsection (c) of this section. In issuing such certificate, thechairman or director shall check the registration records of the county toverify such information. During the period commencing 36 hours immediatelypreceding the filing deadline the State Board of Elections shall accept, on aconditional basis, the notice of candidacy of a candidate who has failed tosecure the verification ordered herein subject to receipt of verification nolater than three days following the filing deadline. The State Board ofElections shall prescribe the form for such certificate, and distribute it toeach county board of elections no later than the last Monday in December ofeach odd‑numbered year.
(g) When any candidatefiles a notice of candidacy with a board of elections under subsection (c) ofthis section or under G.S. 163‑291(2), the board of elections shall,immediately upon receipt of the notice of candidacy, inspect the registrationrecords of the county, and cancel the notice of candidacy of any person whodoes not meet the constitutional or statutory qualifications for the office,including residency.
The board shall give notice ofcancellation to any candidate whose notice of candidacy has been cancelledunder this subsection by mail or by having the notice served on him by thesheriff, and to any other candidate filing for the same office. A candidate whohas been adversely affected by a cancellation or another candidate for the sameoffice affected by a substantiation under this subsection may request a hearingon the cancellation. If the candidate requests a hearing, the hearing shall beconducted in accordance with Article 11B of Chapter 163 of the GeneralStatutes.
(h) No person may filea notice of candidacy for more than one office described in subsection (c) ofthis section for any one election. If a person has filed a notice of candidacywith a board of elections under this section for one office, then a notice ofcandidacy may not later be filed for any other office under this section whenthe election is on the same date unless the notice of candidacy for the firstoffice is withdrawn under subsection (e) of this section; provided that thissubsection shall not apply unless the deadline for filing notices of candidacyfor both offices is the same. Notwithstanding this subsection, a person mayfile a notice of candidacy for a full term as United States Senator, and alsofile a notice of candidacy for the remainder of the unexpired term of that sameseat in an election held under G.S. 163‑12, and may file a notice ofcandidacy for a full term as a member of the United States House ofRepresentatives, and also file a notice of candidacy for the remainder of theunexpired term in an election held under G.S. 163‑13.
(i) Repealed bySession Laws 2001‑403, s. 3, effective January 1, 2002. (1915, c. 101, ss. 6, 15;1917, c. 218; C.S., ss. 6022, 6035; 1921, c. 217; 1923, c. 111, s. 13; C.S., s.6055(a); 1927, c. 260, s. 19; 1929, c. 26, s. 1; 1933, c. 165, s. 12; 1937, c.364; 1947, c. 505, s. 7; 1949, c. 672, s. 4; c. 932; 1951, c. 1009, s. 3; 1955,c. 755; c. 871, s. 1; 1959, c. 1203, s. 4; 1965, c. 262; 1967, c. 775, s. 1; c.1063, s. 2; 1969, c. 44, s. 83; c. 1190, s. 56; 1971, cc. 189, 675, 798; 1973,c. 47, s. 2; c. 793, s. 36; c. 862; 1975, c. 844, s. 2; 1977, c. 265, ss. 4, 5;c. 408, s. 2; c. 661, ss. 2, 3; 1979, c. 24; c. 411, s. 5; 1981, c. 32, ss. 1,2; 1983, c. 330, s. 1; 1985, c. 472, s. 2; c. 558, s. 1; c. 759, s. 6; 1985(Reg. Sess., 1986), c. 957, s. 1; 1987, c. 509, s. 13; c. 738, s. 124; 1987(Reg. Sess., 1988), c. 1028, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 31;1995, c. 243, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 8; 1999‑456, s. 59;2001‑403, s. 3; 2001‑466, s. 5.1(a); 2002‑158, ss. 8, 9; 2002‑159,s. 55(a); 2006‑155, s. 2; 2007‑369, s. 1; 2009‑47, s. 1.)
§ 163‑106. Notices ofcandidacy; pledge; with whom filed; date for filing; withdrawal.
(a) Notice and Pledge. No one shall be voted for in a primary election without having filed a noticeof candidacy with the appropriate board of elections, State or county, asrequired by this section. To this end every candidate for selection as thenominee of a political party shall file with and place in the possession of theboard of elections specified in subsection (c) of this section, a notice andpledge in the following form:
Date __________
I hereby file notice as a candidate for nomination as____________ in the __________ party primary election to be held on ________,______ I affiliate with the __________ party, (and I certify that I am nowregistered on the registration records of the precinct in which I reside as anaffiliate of the ____________ party.)
I pledge that if I am defeated in the primary, I willnot run for the same office as a write‑in candidate in the next generalelection.
Signed ___________________
(Name of Candidate)
Witness:
______________________________________
______________________________________
(Titleof witness)
Each candidate shall sign thenotice of candidacy in the presence of the chairman or secretary of the boardof elections, State or county, with which the candidate files. In thealternative, a candidate may have the candidate's signature on the notice ofcandidacy acknowledged and certified to by an officer authorized to takeacknowledgments and administer oaths, in which case the candidate may mail ordeliver by commercial courier service the candidate's notice of candidacy tothe appropriate board of elections.
In signing the notice ofcandidacy the candidate shall use only that candidate's legal name and may useany nickname by which he is commonly known. A candidate may also, in lieu ofthat candidate's legal first name and legal middle initial or middle name (ifany) sign a nickname, provided that the candidate appends to the notice ofcandidacy an affidavit that the candidate has been commonly known by thatnickname for at least five years prior to the date of making the affidavit. Thecandidate shall also include with the affidavit the way that candidate's name(as permitted by law) should be listed on the ballot if another candidate withthe same last name files a notice of candidacy for that office.
A notice of candidacy signedby an agent or any person other than the candidate shall be invalid.
Prior to the date on whichcandidates may commence filing, the State Board of Elections shall print andfurnish, at State expense, to each county board of elections a sufficientnumber of the notice of candidacy forms prescribed by this subsection for useby candidates required to file with county boards of elections.
(a1) Disclosure of FelonyConviction. At the same time the candidate files notice of candidacy underthis section, the candidate shall file with the same office a statementanswering the following question: "Have you ever been convicted of afelony?" The State Board of Elections shall adapt the notice of candidacyform to include the statement required by this subsection. The form shall makeclear that a felony conviction need not be disclosed if the conviction wasdismissed as a result of reversal on appeal or resulted in a pardon ofinnocence or expungement. The form shall require a candidate who answers"yes" to the question to provide the name of the offense, the date ofconviction, the date of the restoration of citizenship rights, and the countyand state of conviction. The form shall require the candidate to swear oraffirm that the statements on the form are true, correct, and complete to thebest of the candidate's knowledge or belief. The form shall be available as apublic record in the office of the board of elections where the candidate filesnotice of candidacy and shall contain an explanation that a prior felonyconviction does not preclude holding elective office if the candidate's rightsof citizenship have been restored. This subsection shall also apply toindividuals who become candidates for election by the people under G.S. 163‑114,163‑122, 163‑123, 163‑98, 115C‑37, 130A‑50,Article 24 of Chapter 163 of the General Statutes, or any other statute orlocal act. Those individuals shall complete the question at the time thedocuments are filed initiating their candidacy. The State Board of Electionsshall adapt those documents to include the statement required by thissubsection. If an individual does not complete the statement required by thissubsection, the board of elections accepting the filing shall notify theindividual of the omission, and the individual shall have 48 hours after noticeto complete the statement. If the individual does not complete the statement atthe time of filing or within 48 hours after the notice, the individual's filingis not complete, the individual's name shall not appear on the ballot as acandidate, and votes for the individual shall not be counted. It is a Class Ifelony to complete the form knowing that information as to felony conviction orrestoration of citizenship is untrue. This subsection shall not apply tocandidates required by G.S. 138A‑22(d) to file Statements of EconomicInterest.
(b) Eligibility toFile. No person shall be permitted to file as a candidate in a primary if, atthe time he offers to file notice of candidacy, he is registered on theappropriate registration book or record as an affiliate of a political partyother than that in whose primary he is attempting to file. No person who haschanged his political party affiliation or who has changed from unaffiliatedstatus to party affiliation as permitted in G.S. 163‑82.17, shall bepermitted to file as a candidate in the primary of the party to which hechanged unless he has been affiliated with the political party in which heseeks to be a candidate for at least 90 days prior to the filing date for theoffice for which he desires to file his notice of candidacy.
A person registered as"unaffiliated" shall be ineligible to file as a candidate in a partyprimary election.
(c) Time for FilingNotice of Candidacy. Candidates seeking party primary nominations for thefollowing offices shall file their notice of candidacy with the State Board ofElections no earlier than 12:00 noon on the second Monday in February and nolater than 12:00 noon on the last business day in February preceding theprimary:
Governor
Lieutenant Governor
All State executive officers
United States Senators
Members of the House ofRepresentatives of the United States
District attorneys
Candidates seeking partyprimary nominations for the following offices shall file their notice ofcandidacy with the county board of elections no earlier than 12:00 noon on thesecond Monday in February and no later than 12:00 noon on the last business dayin February preceding the primary:
State Senators
Members of the State House ofRepresentatives
All county offices.
(d) Notice of Candidacyfor Certain Offices to Indicate Vacancy. In any primary in which there aretwo vacancies for United States Senator from North Carolina, each candidateshall, at the time of filing notice of candidacy, file with the State Board ofElections a written statement designating the vacancy to which he seeksnomination. Votes cast for a candidate shall be effective only for hisnomination to the vacancy for which he has given notice of candidacy asprovided in this subsection.
(e) Withdrawal ofNotice of Candidacy. Any person who has filed notice of candidacy for anoffice shall have the right to withdraw it at any time prior to the date onwhich the right to file for that office expires under the terms of subsection(c) of this section. If a candidate does not withdraw before the filingdeadline, except as provided in G.S. 163‑112, his name shall be printedon the primary ballot, any votes for him shall be counted, and he shall not berefunded his filing fee.
(f) Candidatesrequired to file their notice of candidacy with the State Board of Electionsunder subsection (c) of this section shall file along with their notice acertificate signed by the chairman of the board of elections or the director ofelections of the county in which they are registered to vote, stating that theperson is registered to vote in that county, stating the party with which theperson is affiliated, and that the person has not changed his affiliation fromanother party or from unaffiliated within three months prior to the filingdeadline under subsection (c) of this section. In issuing such certificate, thechairman or director shall check the registration records of the county toverify such information. During the period commencing 36 hours immediatelypreceding the filing deadline the State Board of Elections shall accept, on aconditional basis, the notice of candidacy of a candidate who has failed tosecure the verification ordered herein subject to receipt of verification nolater than three days following the filing deadline. The State Board ofElections shall prescribe the form for such certificate, and distribute it toeach county board of elections no later than the last Monday in December ofeach odd‑numbered year.
(g) When any candidatefiles a notice of candidacy with a board of elections under subsection (c) ofthis section or under G.S. 163‑291(2), the board of elections shall,immediately upon receipt of the notice of candidacy, inspect the registrationrecords of the county, and cancel the notice of candidacy of any person whodoes not meet the constitutional or statutory qualifications for the office,including residency.
The board shall give notice ofcancellation to any candidate whose notice of candidacy has been cancelledunder this subsection by mail or by having the notice served on him by thesheriff, and to any other candidate filing for the same office. A candidate whohas been adversely affected by a cancellation or another candidate for the sameoffice affected by a substantiation under this subsection may request a hearingon the cancellation. If the candidate requests a hearing, the hearing shall beconducted in accordance with Article 11B of Chapter 163 of the GeneralStatutes.
(h) No person may filea notice of candidacy for more than one office described in subsection (c) ofthis section for any one election. If a person has filed a notice of candidacywith a board of elections under this section for one office, then a notice ofcandidacy may not later be filed for any other office under this section whenthe election is on the same date unless the notice of candidacy for the firstoffice is withdrawn under subsection (e) of this section; provided that thissubsection shall not apply unless the deadline for filing notices of candidacyfor both offices is the same. Notwithstanding this subsection, a person mayfile a notice of candidacy for a full term as United States Senator, and alsofile a notice of candidacy for the remainder of the unexpired term of that sameseat in an election held under G.S. 163‑12, and may file a notice ofcandidacy for a full term as a member of the United States House ofRepresentatives, and also file a notice of candidacy for the remainder of theunexpired term in an election held under G.S. 163‑13.
(i) Repealed bySession Laws 2001‑403, s. 3, effective January 1, 2002. (1915, c. 101, ss. 6, 15;1917, c. 218; C.S., ss. 6022, 6035; 1921, c. 217; 1923, c. 111, s. 13; C.S., s.6055(a); 1927, c. 260, s. 19; 1929, c. 26, s. 1; 1933, c. 165, s. 12; 1937, c.364; 1947, c. 505, s. 7; 1949, c. 672, s. 4; c. 932; 1951, c. 1009, s. 3; 1955,c. 755; c. 871, s. 1; 1959, c. 1203, s. 4; 1965, c. 262; 1967, c. 775, s. 1; c.1063, s. 2; 1969, c. 44, s. 83; c. 1190, s. 56; 1971, cc. 189, 675, 798; 1973,c. 47, s. 2; c. 793, s. 36; c. 862; 1975, c. 844, s. 2; 1977, c. 265, ss. 4, 5;c. 408, s. 2; c. 661, ss. 2, 3; 1979, c. 24; c. 411, s. 5; 1981, c. 32, ss. 1,2; 1983, c. 330, s. 1; 1985, c. 472, s. 2; c. 558, s. 1; c. 759, s. 6; 1985(Reg. Sess., 1986), c. 957, s. 1; 1987, c. 509, s. 13; c. 738, s. 124; 1987(Reg. Sess., 1988), c. 1028, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 31;1995, c. 243, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 8; 1999‑456, s. 59;2001‑403, s. 3; 2001‑466, s. 5.1(a); 2002‑158, ss. 8, 9; 2002‑159,s. 55(a); 2006‑155, s. 2; 2007‑369, s. 1; 2009‑47, s. 1.)
§ 163‑106. Notices ofcandidacy; pledge; with whom filed; date for filing; withdrawal.
(a) Notice and Pledge. No one shall be voted for in a primary election without having filed a noticeof candidacy with the appropriate board of elections, State or county, asrequired by this section. To this end every candidate for selection as thenominee of a political party shall file with and place in the possession of theboard of elections specified in subsection (c) of this section, a notice andpledge in the following form:
Date __________
I hereby file notice as a candidate for nomination as____________ in the __________ party primary election to be held on ________,______ I affiliate with the __________ party, (and I certify that I am nowregistered on the registration records of the precinct in which I reside as anaffiliate of the ____________ party.)
I pledge that if I am defeated in the primary, I willnot run for the same office as a write‑in candidate in the next generalelection.
Signed ___________________
(Name of Candidate)
Witness:
______________________________________
______________________________________
(Titleof witness)
Each candidate shall sign thenotice of candidacy in the presence of the chairman or secretary of the boardof elections, State or county, with which the candidate files. In thealternative, a candidate may have the candidate's signature on the notice ofcandidacy acknowledged and certified to by an officer authorized to takeacknowledgments and administer oaths, in which case the candidate may mail ordeliver by commercial courier service the candidate's notice of candidacy tothe appropriate board of elections.
In signing the notice ofcandidacy the candidate shall use only that candidate's legal name and may useany nickname by which he is commonly known. A candidate may also, in lieu ofthat candidate's legal first name and legal middle initial or middle name (ifany) sign a nickname, provided that the candidate appends to the notice ofcandidacy an affidavit that the candidate has been commonly known by thatnickname for at least five years prior to the date of making the affidavit. Thecandidate shall also include with the affidavit the way that candidate's name(as permitted by law) should be listed on the ballot if another candidate withthe same last name files a notice of candidacy for that office.
A notice of candidacy signedby an agent or any person other than the candidate shall be invalid.
Prior to the date on whichcandidates may commence filing, the State Board of Elections shall print andfurnish, at State expense, to each county board of elections a sufficientnumber of the notice of candidacy forms prescribed by this subsection for useby candidates required to file with county boards of elections.
(a1) Disclosure of FelonyConviction. At the same time the candidate files notice of candidacy underthis section, the candidate shall file with the same office a statementanswering the following question: "Have you ever been convicted of afelony?" The State Board of Elections shall adapt the notice of candidacyform to include the statement required by this subsection. The form shall makeclear that a felony conviction need not be disclosed if the conviction wasdismissed as a result of reversal on appeal or resulted in a pardon ofinnocence or expungement. The form shall require a candidate who answers"yes" to the question to provide the name of the offense, the date ofconviction, the date of the restoration of citizenship rights, and the countyand state of conviction. The form shall require the candidate to swear oraffirm that the statements on the form are true, correct, and complete to thebest of the candidate's knowledge or belief. The form shall be available as apublic record in the office of the board of elections where the candidate filesnotice of candidacy and shall contain an explanation that a prior felonyconviction does not preclude holding elective office if the candidate's rightsof citizenship have been restored. This subsection shall also apply toindividuals who become candidates for election by the people under G.S. 163‑114,163‑122, 163‑123, 163‑98, 115C‑37, 130A‑50,Article 24 of Chapter 163 of the General Statutes, or any other statute orlocal act. Those individuals shall complete the question at the time thedocuments are filed initiating their candidacy. The State Board of Electionsshall adapt those documents to include the statement required by thissubsection. If an individual does not complete the statement required by thissubsection, the board of elections accepting the filing shall notify theindividual of the omission, and the individual shall have 48 hours after noticeto complete the statement. If the individual does not complete the statement atthe time of filing or within 48 hours after the notice, the individual's filingis not complete, the individual's name shall not appear on the ballot as acandidate, and votes for the individual shall not be counted. It is a Class Ifelony to complete the form knowing that information as to felony conviction orrestoration of citizenship is untrue. This subsection shall not apply tocandidates required by G.S. 138A‑22(d) to file Statements of EconomicInterest.
(b) Eligibility toFile. No person shall be permitted to file as a candidate in a primary if, atthe time he offers to file notice of candidacy, he is registered on theappropriate registration book or record as an affiliate of a political partyother than that in whose primary he is attempting to file. No person who haschanged his political party affiliation or who has changed from unaffiliatedstatus to party affiliation as permitted in G.S. 163‑82.17, shall bepermitted to file as a candidate in the primary of the party to which hechanged unless he has been affiliated with the political party in which heseeks to be a candidate for at least 90 days prior to the filing date for theoffice for which he desires to file his notice of candidacy.
A person registered as"unaffiliated" shall be ineligible to file as a candidate in a partyprimary election.
(c) Time for FilingNotice of Candidacy. Candidates seeking party primary nominations for thefollowing offices shall file their notice of candidacy with the State Board ofElections no earlier than 12:00 noon on the second Monday in February and nolater than 12:00 noon on the last business day in February preceding theprimary:
Governor
Lieutenant Governor
All State executive officers
United States Senators
Members of the House ofRepresentatives of the United States
District attorneys
Candidates seeking partyprimary nominations for the following offices shall file their notice ofcandidacy with the county board of elections no earlier than 12:00 noon on thesecond Monday in February and no later than 12:00 noon on the last business dayin February preceding the primary:
State Senators
Members of the State House ofRepresentatives
All county offices.
(d) Notice of Candidacyfor Certain Offices to Indicate Vacancy. In any primary in which there aretwo vacancies for United States Senator from North Carolina, each candidateshall, at the time of filing notice of candidacy, file with the State Board ofElections a written statement designating the vacancy to which he seeksnomination. Votes cast for a candidate shall be effective only for hisnomination to the vacancy for which he has given notice of candidacy asprovided in this subsection.
(e) Withdrawal ofNotice of Candidacy. Any person who has filed notice of candidacy for anoffice shall have the right to withdraw it at any time prior to the date onwhich the right to file for that office expires under the terms of subsection(c) of this section. If a candidate does not withdraw before the filingdeadline, except as provided in G.S. 163‑112, his name shall be printedon the primary ballot, any votes for him shall be counted, and he shall not berefunded his filing fee.
(f) Candidatesrequired to file their notice of candidacy with the State Board of Electionsunder subsection (c) of this section shall file along with their notice acertificate signed by the chairman of the board of elections or the director ofelections of the county in which they are registered to vote, stating that theperson is registered to vote in that county, stating the party with which theperson is affiliated, and that the person has not changed his affiliation fromanother party or from unaffiliated within three months prior to the filingdeadline under subsection (c) of this section. In issuing such certificate, thechairman or director shall check the registration records of the county toverify such information. During the period commencing 36 hours immediatelypreceding the filing deadline the State Board of Elections shall accept, on aconditional basis, the notice of candidacy of a candidate who has failed tosecure the verification ordered herein subject to receipt of verification nolater than three days following the filing deadline. The State Board ofElections shall prescribe the form for such certificate, and distribute it toeach county board of elections no later than the last Monday in December ofeach odd‑numbered year.
(g) When any candidatefiles a notice of candidacy with a board of elections under subsection (c) ofthis section or under G.S. 163‑291(2), the board of elections shall,immediately upon receipt of the notice of candidacy, inspect the registrationrecords of the county, and cancel the notice of candidacy of any person whodoes not meet the constitutional or statutory qualifications for the office,including residency.
The board shall give notice ofcancellation to any candidate whose notice of candidacy has been cancelledunder this subsection by mail or by having the notice served on him by thesheriff, and to any other candidate filing for the same office. A candidate whohas been adversely affected by a cancellation or another candidate for the sameoffice affected by a substantiation under this subsection may request a hearingon the cancellation. If the candidate requests a hearing, the hearing shall beconducted in accordance with Article 11B of Chapter 163 of the GeneralStatutes.
(h) No person may filea notice of candidacy for more than one office described in subsection (c) ofthis section for any one election. If a person has filed a notice of candidacywith a board of elections under this section for one office, then a notice ofcandidacy may not later be filed for any other office under this section whenthe election is on the same date unless the notice of candidacy for the firstoffice is withdrawn under subsection (e) of this section; provided that thissubsection shall not apply unless the deadline for filing notices of candidacyfor both offices is the same. Notwithstanding this subsection, a person mayfile a notice of candidacy for a full term as United States Senator, and alsofile a notice of candidacy for the remainder of the unexpired term of that sameseat in an election held under G.S. 163‑12, and may file a notice ofcandidacy for a full term as a member of the United States House ofRepresentatives, and also file a notice of candidacy for the remainder of theunexpired term in an election held under G.S. 163‑13.
(i) Repealed bySession Laws 2001‑403, s. 3, effective January 1, 2002. (1915, c. 101, ss. 6, 15;1917, c. 218; C.S., ss. 6022, 6035; 1921, c. 217; 1923, c. 111, s. 13; C.S., s.6055(a); 1927, c. 260, s. 19; 1929, c. 26, s. 1; 1933, c. 165, s. 12; 1937, c.364; 1947, c. 505, s. 7; 1949, c. 672, s. 4; c. 932; 1951, c. 1009, s. 3; 1955,c. 755; c. 871, s. 1; 1959, c. 1203, s. 4; 1965, c. 262; 1967, c. 775, s. 1; c.1063, s. 2; 1969, c. 44, s. 83; c. 1190, s. 56; 1971, cc. 189, 675, 798; 1973,c. 47, s. 2; c. 793, s. 36; c. 862; 1975, c. 844, s. 2; 1977, c. 265, ss. 4, 5;c. 408, s. 2; c. 661, ss. 2, 3; 1979, c. 24; c. 411, s. 5; 1981, c. 32, ss. 1,2; 1983, c. 330, s. 1; 1985, c. 472, s. 2; c. 558, s. 1; c. 759, s. 6; 1985(Reg. Sess., 1986), c. 957, s. 1; 1987, c. 509, s. 13; c. 738, s. 124; 1987(Reg. Sess., 1988), c. 1028, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 31;1995, c. 243, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 8; 1999‑456, s. 59;2001‑403, s. 3; 2001‑466, s. 5.1(a); 2002‑158, ss. 8, 9; 2002‑159,s. 55(a); 2006‑155, s. 2; 2007‑369, s. 1; 2009‑47, s. 1.)
