NORTH CAROLINA GENERAL ASSEMBLY

1981 SESSION

FIRST EXTRA SESSION 1982

 

 

CHAPTER 3

HOUSE BILL 3

 

 

AN ACT OF LIMITED DURATION TO DELAY THE PRIMARY ELECTIONS IN 1982 ONLY.

 

The General Assembly of North Carolina enacts:

 

Section 1. Notwithstanding any other provisions of law to the contrary, the primary election schedule, for 1982 only, pursuant to G.S. 1621(b) shall be postponed in North Carolina and conducted consistent with the schedule as hereinafter prescribed

Sec. 2. The primary elections in 1982 for all offices scheduled to be nominated in North Carolina shall be ordered by the State Board of Elections in accordance with the following schedule and shall be conducted on one of the alternative dates set forth herein, as computed in Section 3:

                                                              Voter

                              First                         Registration                 Second                      Filing

Schedule #             Primary                    Deadline                     Primary                     Dates

       1                  May 4, 1982            April 5, 1982             June 1, 1982               3/23-3/29

       2                  May 18, 1982          April 19, 1982           June 15, 1982             4/6-4/12

       3                  June 1, 1982            May 3, 1982             June 29, 1982             4/20-4/26

       4                  June 29, 1982          June 1, 1982             July 27, 1982              5/4-5/10

       5                  July 20, 1982           June 21, 1982           August 17, 1982         5/11-5/17

       6                  July 27, 1982           June 28, 1982           August 24, 1982         5/18-5/24

       7                  August 3, 1982        July 6, 1982              August 31, 1982         6/2-6/8

Sec. 3. The State Board of Elections in exercising the authority contained in this act shall adopt the appropriate election schedule provided in Section 2 of this act according to the date of final clearance by the United States Justice Department of the apportionment plans for North Carolina Senate and North Carolina House of Representatives. The Board shall consult with the President of the Senate and the Speaker of the House of Representatives. Final approval by a court under the Voting Rights Act shall also be considered clearance. Notwithstanding the above language, schedules 1 and 2 shall only be effective if the plans for North Carolina Senate, North Carolina House of Representatives and United States House of Representatives are all approved within the dates of clearance on those schedules. If all three plans have not been approved by April 6, 1982, then schedule 3 shall apply if the North Carolina House of Representatives and North Carolina Senate plans are approved before April 20, 1982. Date of Clearance Schedule Number before March 23, 1982 1 after March 22, 1982 but before April 6, 1982 2 after April 5, 1982 but before April 20, 1982 3 after April 19, 1982 but before May 1, 1982 4 after April 30, 1982 but before May 8, 1982 5 after May 7, 1982 but before May 15, 1982 6 after May 14, 1982 but before May 29, 1982 7

Sec. 4. If final clearance on the North Carolina Senate and North Carolina House of Representatives apportionment plan has not occurred before May 29, 1982, then the date of the 1982 primary election shall be set by the 1981 regular session of the General Assembly when it next reconvenes.

Sec. 5. If final clearance on the North Carolina Senate and North Carolina House of Representatives apportionment plans has been obtained during a time period set in Section 3 of this act, but final approval by the United States Justice Department or a court of competent jurisdiction of the United States House of Representatives apportionment plan has not occurred by the opening time of candidate filing under that schedule then the filing period for candidates for United States House of Representatives shall not be opened, and the primary election for United States House of Representatives shall not be held on the same date as the primary provided in Section 2 of this act. The 1981 regular session of the General Assembly when next it reconvenes shall set the date for the Congressional primary.

Sec. 6. The filing period for candidates for United States House of Representatives, North Carolina Senate and North Carolina House of Representatives shall open at 12:00 noon and close at 12:00 noon on the dates specified in Section 2 of this act relating to the primary dates when established as provided in Section 3. This act does not reopen the filing period for any other office.

Sec. 7. The State Board of Elections shall prepare and distribute to the county boards of elections a Revised Primary Election Timetable - 1982, setting out the applicable filing period for candidates along with all other pertinent dates relative to the primary election timetable.

Sec. 8. The State Board of Elections is hereby authorized, consistent with provisions in G.S. 163-188, to set the dates on which it shall conduct the canvass and issue its certification of the results of the 1982 primary elections.

Sec. 9. Applications for absentee ballots shall be received consistent with the schedule specified in G.S. 163109(b), G.S. 163227.2(b) and G.S. 163-227 and absentee ballots for all offices, except United States House of Representatives, North Carolina Senate and North Carolina House of Representatives, shall be issued promptly consistent with statutory requirements. The State Board of Elections shall be authorized to instruct the county boards of elections on the procedure to follow to ensure expeditious supplemental issuance by mail, to each voter who previously was issued absentee ballots, as promptly as possible alter the ballots for United States House of Representatives, North Carolina Senate and North Carolina House of Representatives are available if those ballots are not yet available when the voter applies. No additional application shall be required from any voter whose application was approved and to whom all other ballots available were previously mailed or otherwise issued.

Sec. 10. No person shall be permitted to file as a candidate in the primary for United States House of Representatives, North Carolina Senate and North Carolina House of Representatives who has changed his political party affiliation or who has changed from unaffiliated status to party affiliation as permitted in G.S. 163-74(b) unless such person shall have affiliated with the political party in which he seeks to be a candidate for at least three months prior to the filing deadline specified in G.S. 163106(c) as was applicable to all candidates for State and district judicial officers and all county officers which filing period expired at 12:00 noon on February 1, 1982.

Sec. 11. Whenever in accordance with the provisions of any local or general law a primary or election for a board of education or other office is to be held on the date of the primary election, or it is set to be on the Tuesday after the first Monday in May in 1982, it shall be held on the date provided in Section 2 of this act, and any election or runoff scheduled for four weeks later shall be held on the second primary date.

Sec. 12. Whenever in any apportionment plan for the United States House of Representatives, North Carolina Senate or North Carolina House of Representatives, a precinct is placed in two or more districts, and there is a primary, then the county board of elections, with the approval of the State Board of Elections may, for the 1982 primary election:

(1)        Divide the precinct into two or more precincts.

(2)        Change precinct lines to place part of the precinct with a precinct which has the same election district.

(3)        Keep the same precinct but ascertain either in advance or on the date of the primary which district the voter resides in, and if a primary is being held in that district, give the voter the ballots for the appropriate district. This may be accomplished by a paper ballot for the office even if a machine is used for other offices or other voters.

(4)        Provide some other procedure to ensure that each voter does not cast ballots in more than one district.

In adopting a procedure under this section, the Board shall attempt to use the method which is least disruptive to the voter, and any action to change precinct lines shall be taken in accordance with G.S. 163-28 except that notice shall be given not less than 20 days prior to the primary election instead of 20 days prior to the close of registration.

Sec. 13. In case the area in any military reservation has been placed in several precincts without definite lines having been drawn, the county board of elections may provide for the entire military reservation to be in one election precinct, irrespective of township lines in accordance with Section 12 of this act, or it may use an alternative stated in Section 12 of this act. Any action under this section must be approved by the State Board of Elections.

Sec. 14. In the case of a district executive committee under G.S. 163-114 to fill vacancies among party nominees occurring after nomination and before election, in cases where part of the county is in a United States House, North

Carolina Senate, or North Carolina House district with all or part of another county, a county political party, in choosing members, shall allow only delegates from precincts within the district to vote in electing the members of the district executive committee. In a case where a district constitutes part of a county standing alone, and the county executive committee is to vote to fill the nomination, only members of the committee who reside within the district may vote. Rules for voting shall be prescribed by the State party chairman unless the State party provides otherwise.

Sec. 15. For the 1982 primary election only, G.S. 163-112 shall be applied by substituting "10 days" for "30 days" wherever it appears, insofar as the offices of United States Representative, North Carolina Senate, or North Carolina House are concerned.

Sec. 16. The State Board of Elections shall adopt regulations to implement this act. Adoption of such regulations is not subject to Chapter 150A of the General Statutes except as to filing, publication, and review of the rules. In lieu of the notice requirements of G.S. 163-33(8), the State Board of Elections shall prescribe an abbreviated notice procedure of the primary, and for any other elections held on that date.

Sec. 17. The provisions of Sections 1 through 17 of this act shall be temporary and shall apply only to the 1982 primary elections conducted in North Carolina and its provisions shall expire on September 1, 1982; however, its provisions shall temporarily suspend all requirements in law to the contrary until the date of expiration.

Sec. 18. Section 3 of Chapter 1130, Session Laws of 1981, is repealed.

Sec. 19. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 11th day of February, 1982.