NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

CHAPTER 862

HOUSE BILL 323

AN ACT TO AMEND G.S. 163-106(a) CONCERNING THE OATH TO BE TAKEN BY CANDIDATES IN THE PRIMARY ELECTIONS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 163-106(a) as the same appears in the 1972 Replacement Volume 3D of the General Statutes is hereby amended and rewritten to read as follows:

"(a)       Notice and Pledge. No one shall be voted for in a primary election unless he shall have filed a notice of candidacy with the appropriate board of elections, State or county, as required by this section. To this end every candidate for selection as the nominee of a political party shall file with and place in the possession of the board of elections specified in subsection (c) of this section, a notice and pledge in the following form:

'Date __________

I hereby file notice as a candidate for nomination as __________

__________ in the ____________________

party primary election to be held on __________, 19__________.

I affiliate with the __________ party, (and I certify that I am now registered on the registration records of the precinct in which I reside as an affiliate of the __________ party.)

I pledge that if I am defeated in the primary, I will not run for any office as a write-in candidate in the next general election.

Signed ______________

Name of candidate

Witness:

_____________

_____________

(Title of witness)'

Each candidate shall sign his notice of candidacy in the presence of the chairman or secretary of the board of elections, State or county, with which he files. In the alternative, a candidate may have his signature on the notice of candidacy acknowledged and certified to by an officer authorized to take acknowledgements and administer oaths, in which case the candidate may mail his notice of candidacy to the appropriate board of elections.

In signing his notice of candidacy the candidate shall use only his legal name and, in his discretion, any nickname by which he is commonly known.

A notice of candidacy signed by an agent or any person other than the candidate himself shall be invalid.

Prior to the seventh Saturday before the primary, at State expense, the State Board of Elections shall print and furnish to each county board of elections a sufficient number of the notice of candidacy forms prescribed by this subsection for use by candidates required to file with county boards of elections."

Sec. 2.  This act shall become effective January 1, 1976.

In the General Assembly read three times and ratified, this the 18th day of February, 1974.