GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001

SESSION LAW 2001-460
SENATE BILL 17

AN ACT TO REWRITE ARTICLE 13 AND ARTICLE 14 OF CHAPTER 163 OF THE GENERAL STATUTES, AS RECOMMENDED BY THE ELECTION LAWS REVISION COMMISSION; TO PERMIT THE USE OF CERTAIN GENDER TITLES ON THE BALLOT; TO GIVE THE COUNTY BOARD OF ELECTIONS FLEXIBILITY IN SETTING A BUFFER ZONE AROUND A VOTING PLACE, WITH A MINIMUM OF 25 FEET; AND TO MAKE CONFORMING CHANGES. 

The General Assembly of North Carolina enacts:

SECTION 1.  Articles 13 and 14 of Chapter 163 of the General Statutes are repealed.
SECTION 2.  G.S. 163‑2 is repealed.
SECTION 3.  Chapter 163 of the General Statutes is amended by adding a new Article to read:
"Article 13A.
"Voting.
"Part 1. Definitions.
"§ 163-165. Definitions.
In addition to the definitions stated below, the definitions set forth in Article 15A of Chapter 163 of the General Statutes also apply to this Article. As used in this Article:
(1)	'Ballot' means an instrument on which a voter indicates a choice so that it may be recorded as a vote for or against a certain candidate or referendum proposal. The term 'ballot' may include a paper ballot to be counted by hand, a paper ballot to be counted on an electronic scanner, the face of a lever voting machine, the image on a direct record electronic unit, or a ballot used on any other voting system.
(2)	'Ballot item' means a single item on a ballot in which the voters are to choose between or among the candidates or proposals listed.
(3)	'Ballot style' means the version of a ballot within a jurisdiction that an individual voter is eligible to vote. For example, in a county that uses essentially the same official ballot, a group office such as county commissioner may be divided into districts so that different voters in the same county vote for commissioner in different districts. The different versions of the county's official ballot containing only those district ballot items one individual voter may vote are the county's different ballot styles.
(4)	'Election' means the event in which voters cast votes in ballot items concerning proposals or candidates for office in this State or the United States. The term includes primaries, general elections, referenda, and special elections.
(5)	'Official ballot' means a ballot that has been certified by the State Board of Elections and produced by or with the approval of the county board of elections. The term does not include a sample ballot or a specimen ballot.
(6)	'Provisional official ballot' means an official ballot that is voted and then placed in an envelope that contains an affidavit signed by the voter certifying identity and eligibility to vote.
(7)	'Referendum' means the event in which voters cast votes for or against ballot questions other than the election of candidates to office.
(8)	'Voting booth' means the private space in which a voter is to mark an official ballot.
(9)	'Voting enclosure' means the room or connected rooms within the voting place that is used for voting.
(10)	'Voting place' means the building that contains the voting enclosure.
(11)	'Voting system' means a system of casting and tabulating ballots. The term includes systems of paper ballots counted by hand as well as systems utilizing mechanical and electronic voting equipment.
"Part 2. Ballots and Voting Systems.
"§ 163-165.1. Scope and general rules.
(a)	Scope. – This Article shall apply to all elections in this State. 
(b)	Requirements of Official Ballots in Voting. – In any election conducted under this Article:
(1)	All voting shall be by official ballot.
(2)	Only votes cast on an official ballot shall be counted.
(c)	Compliance With This Article. – All ballots shall comply with the provisions of this Article.
(d)	Other Uses Prohibited. – An official ballot shall not be used for any purpose not authorized by this Article.
"§ 163-165.2. Sample ballots.
(a)	County Board to Produce and Distribute Sample Ballots. – The county board of elections shall produce sample ballots, in all the necessary ballot styles of the official ballot, for every election to be held in the county. The sample ballots shall be given an appearance that clearly distinguishes them from official ballots. The county board shall distribute sample ballots to the chief judge of every precinct in which the election is to be conducted. The chief judge shall post a sample ballot in the voting place and may use it for instructional purposes. The county board of elections may use the sample ballot for other informational purposes.
(b)	Document Resembling an Official Ballot to Contain Disclaimer. – No person other than a board of elections shall produce or disseminate a document substantially resembling an official ballot unless the document contains on its face a prominent statement that the document was not produced by a board of elections and is not an official ballot.
"§ 163-165.3. Responsibilities for preparing official ballots.
(a)	State Board to Certify Official Ballots and Instructions to Voters. – The State Board of Elections shall certify the official ballots and voter instructions to be used in every election that is subject to this Article. In conducting its certification, the State Board shall adhere to the following:
(1)	No later than January 31 of every calendar year, the State Board shall establish a schedule for the certification of all official ballots and instructions during that year. The schedule shall include a time for county boards of elections to submit their official ballots and instructions to the State Board for certification and times for the State Board to complete the certification.
(2)	The State Board of Elections shall compose model ballot instructions, which county boards of elections may amend subject to approval by the State Board as part of the certification process. The State Board of Elections may permit a county board of elections to place instructions elsewhere than on the official ballot itself, where placing them on the official ballot would be impractical.
(3)	With regard only to multicounty ballot items on the official ballot, the State Board shall certify the accuracy of the content on the official ballot.
(4)	With regard to the entire official ballot, the State Board shall certify that the content and arrangement of the official ballot are in substantial compliance with the provisions of this Article and standards adopted by the State Board.
(5)	The State Board shall proofread the official ballot of every county, if practical, prior to final production.
(6)	The State Board is not required to certify or review every official ballot style in the county but may require county boards to submit and may review a composite official ballot showing races that will appear in every district in the county.
(b)	County Board to Prepare and Produce Official Ballots and Instructions. – Each county board of elections shall prepare and produce official ballots for all elections in that county. The county board of elections shall submit the format of each official ballot and set of instructions to the State Board of Elections for review and certification in accordance with the schedule established by the State Board. The county board of elections shall follow the directions of the State Board in placing candidates, referenda, and other material on official ballots and in placing instructions.
(c)	Late Changes in Ballots. – The State Board shall promulgate rules for late changes in ballots. The rules shall provide for the reprinting, where practical, of official ballots as a result of replacement candidates to fill vacancies in accordance with G.S. 163-114 or other late changes. If an official ballot is not reprinted, a vote for a candidate who has been replaced in accordance with G.S. 163-114 will count for the replacement candidate.
(d)	Special Ballots. – The State Board of Elections, with the approval of a county board of elections, may produce special official ballots, such as those for disabled voters, where production by the State Board would be more practical than production by the county board.
"§ 163-165.4. Standards for official ballots.
The State Board of Elections shall seek to ensure that official ballots throughout the State have all the following characteristics:
(1)	Are readily understandable by voters.
(2)	Present all candidates and questions in a fair and nondiscriminatory manner.
(3)	Allow every voter to cast a vote in every ballot item without difficulty.
(4)	Facilitate an accurate vote count.
(5)	Are uniform in content and format, subject to varied presentations required or made desirable by different voting systems.
"§ 163-165.5. Contents of official ballots.
Each official ballot shall contain all the following elements:
(1)	The heading prescribed by the State Board of Elections. The heading shall include the term 'Official Ballot'.
(2)	The title of each office to be voted on and the number of seats to be filled in each ballot item.
(3)	The names of the candidates as they appear on their notice of candidacy filed pursuant to G.S. 163-106 or G.S. 163-323, or on petition forms filed in accordance with G.S. 163-122. No title, appendage, or appellation indicating rank, status, or position shall be printed on the official ballot in connection with the candidate's name. Candidates, however, may use the title Mr., Mrs., Miss, or Ms. Nicknames shall be permitted on an official ballot if used in the notice of candidacy or qualifying petition, but the nickname shall appear according to standards adopted by the State Board of Elections. Those standards shall allow the presentation of legitimate nicknames in ways that do not mislead the voter or unduly advertise the candidacy. In the case of candidates for presidential elector, the official ballot shall not contain the names of the candidates for elector but instead shall contain the nominees for President and Vice President which the candidates for elector represent.
(4)	Party designations in partisan ballot items.
(5)	A means by which the voter may cast write-in votes, as provided in G.S. 163-123.
(6)	Instructions to voters, unless the State Board of Elections allows instructions to be placed elsewhere than on the official ballot.
(7)	The printed title and facsimile signature of the chair of the county board of elections.
"§ 163-165.6. Arrangement of official ballots.
(a)	Order of Precedence Generally. – Candidate ballot items shall be arranged on the official ballot before referenda.
(b)	Order of Precedence for Candidate Ballot Items. – The State Board of Elections shall promulgate rules prescribing the order of offices to be voted on the official ballot. Those rules shall adhere to the following guidelines:
(1)	Federal offices shall be listed before State and local offices.  Member of the United States House of Representatives shall be listed immediately after United States Senator.
(2)	State and local offices shall be listed according to the size of the electorate.
(3)	Partisan offices shall be listed before nonpartisan offices.
(4)	When offices are in the same class, they shall be listed in alphabetical order by office name, or in numerical or alphabetical order by district name. Governor and Lieutenant Governor, in that order, shall be listed before other Council of State offices. Mayor shall be listed before other citywide offices. Chair of a board, where elected separately, shall be listed before other board seats having the same electorate. Chief Justice shall be listed before Associate Justices.
(5)	Ballot items for full terms of an office shall be listed before ballot items for partial terms of the same office.
(c)	Order of Candidates on Primary Official Ballots. – The order in which candidates shall appear on a county's official ballots in any primary ballot item shall be determined by the county board of elections using a process designed by the State Board of Elections for random selection.
(d)	Order of Party Candidates on General Election Official Ballot. – Candidates in any ballot item on a general election official ballot shall appear in the following order:
(1)	Nominees of political parties that reflect at least five percent (5%) of statewide voter registration, according to the most recent statistical report published by the State Board of Elections, in alphabetical order by party and in alphabetical order within the party.(2)	Nominees of other political parties, in alphabetical order by party and in alphabetical order within the party.
(3)	Unaffiliated candidates, in alphabetical order.
(e)	Straight-Party Voting. – Each official ballot shall be arranged so that the voter may cast one vote for a party's nominees for all offices except President and Vice President. A vote for President and Vice President shall be cast separately from a straight-party vote. The official ballot shall be prepared so that a voter may cast a straight-party vote, but then make an exception to that straight-party vote by voting for a candidate not nominated by that party or by voting for fewer than all the candidates nominated by that party. Instructions for general election ballots shall clearly advise voters of the rules in this subsection and of the statutes providing for the counting of ballots.
(f)	Write-In Voting. – Each official ballot shall be so arranged so that voters may cast write-in votes for candidates except where prohibited by G.S. 163-123 or other statutes governing write-in votes. Instructions for general election ballots shall clearly advise voters of the rules of this subsection and of the statutes governing write-in voting.
(g)	Order of Precedence for Referenda. – The referendum questions to be voted on shall be arranged on the official ballot in the following order:
(1)	Proposed amendments to the North Carolina Constitution, in the chronological order in which the proposals were approved by the General Assembly.
(2)	Other referenda to be voted on by all voters in the State, in the chronological order in which the proposals were approved by the General Assembly.
(3)	Referenda to be voted on by fewer than all the voters in the State, in the chronological order of the acts by which the referenda were properly authorized.
"§ 163-165.7. Voting systems: powers and duties of State Board of Elections.
The State Board of Elections shall have authority to approve types, makes, and models of voting systems for use in elections and referenda held in this State. Only voting systems that have been approved by the State Board shall be used to conduct elections under this Chapter, and the approved systems shall be valid in any election or referendum held in any county or municipality. The State Board may, upon request of a local board of elections, authorize the use of a voting system not approved for general use. The State Board may also, upon notice and hearing, disapprove types, makes, and models of voting systems. Upon disapproving a type, make, or model of voting system, the State Board shall determine the process by which the disapproved system is discontinued in any county. If a county makes a showing that discontinuance would impose a financial hardship upon it, the county shall be given up to four years from the time of State Board disapproval to replace the system. A county may appeal a decision by the State Board concerning discontinuance of a voting system to the superior court in that county or to the Superior Court of Wake County. The county has 30 days from the time of the State Board's decision on discontinuance to make that appeal.
Subject to the provisions of this Chapter, the State Board of Elections shall prescribe rules for the adoption, handling, operation, and honest use of voting systems, including, but not limited to, the following:
(1)	Types, makes, and models of voting systems approved for use in this State.
(2)	Form of official ballot labels to be used on voting systems.
(3)	Operation and manner of voting on voting systems.
(4)	Instruction of precinct officials in the use of voting systems.
(5)	Instruction of voters in the use of voting systems.
(6)	Assistance to voters using voting systems.
(7)	Duties of custodians of voting systems.
(8)	Examination of voting systems before use in an election.
"§ 163-165.8. Voting systems: powers and duties of board of county commissioners.
The board of county commissioners, with the approval of the county board of elections, may adopt and purchase or lease a voting system of a type, make, and model approved by the State Board of Elections for use in some or all voting places in the county at some or all elections.
The board of county commissioners may decline to adopt and purchase or lease any voting system recommended by the county board of elections but may not adopt and purchase or lease any voting system that has not been approved by the county board of elections.
"§ 163-165.9. Voting systems: powers and duties of county board of elections.
Before approving the adoption and purchase or lease of any voting system by the board of county commissioners, the county board of elections shall do all of the following:
(1)	Obtain a current financial statement from the proposed vendor or lessor of the voting system and send copies of the statement to the county attorney and the chief county financial officer.
(2)	Witness a demonstration, in that county or at a site designated by the State Board of Elections, of the voting system by the proposed vendor or lessor and also witness a demonstration of at least one other type of voting system approved by the State Board of Elections.
(3)	Test, during an election, the proposed voting system in at least one precinct in the county where the system would be used if adopted.
"§ 163-165.10. Adequacy of voting system for each precinct.
The county board of elections shall make available for each precinct voting place an adequate quantity of official ballots or equipment so that all voters qualified to vote at the precinct may do so. When the board of county commissioners has decided to adopt and purchase or lease a voting system for voting places under the provisions of G.S. 165-165.8, the board of county commissioners shall, as soon as practical, provide for each of those voting places sufficient equipment of the approved voting system in complete working order. If it is impractical to furnish each voting place with the equipment of the approved voting system, that which has been obtained may be placed in voting places chosen by the county board of elections. In that case, the county board of elections shall choose the voting places and allocate the equipment in a way that as nearly as practicable provides equal access to the voting system for each voter. The county board of elections shall appoint as many voting system custodians as may be necessary for the proper preparation of the system for each election and for its maintenance, storage, and care.
"Part 3. Procedures at the Voting Place.
"§ 163-166. Hours for voting.
In every election, the voting place shall be open at 6:30 A.M. and shall be closed at 7:30 P.M. In extraordinary circumstances, the county board of elections may direct that the polls remain open until 8:30 P.M. If any voter is in line to vote at the time the polls are closed, that voter shall be permitted to vote. No voter shall be permitted to vote who arrives at the voting place after the closing of the polls.
"§ 163-166.1. Duties of county board of elections.
The county board of elections shall:
(1)	Provide for the timely delivery to each voting place of the supplies, records, and equipment necessary for the conduct of the election.
(2)	Ensure that adequate procedures are in place at each voting place for a safe, secure, fair, and honest election. 
(3)	Respond to precinct officials' questions and problems where necessary.
"§ 163-166.2. Arrangement of the voting enclosure.
Each voting enclosure shall contain at a minimum:
(1)	A sufficient number of private spaces for all voters to mark their official ballots in secrecy.
(2)	Adequate space and furniture for the separate functions of:
a.	The checking of voter registration records.
b.	The distribution of official ballots.
c.	Private discussion with voters concerning irregular situations.
(3)	A telephone or some facility for communication with the county board of elections.
The equipment and furniture in the voting enclosure shall be arranged so that it can be generally seen from the public space of the enclosure.
"§ 163-166.3. Limited access to the voting enclosure.
During the time allowed for voting in the voting place, only the following persons may enter the voting enclosure:
(1)	An election official.
(2)	An observer appointed pursuant to G.S. 163-45.
(3)	A person seeking to vote in that voting place on that day but only while in the process of voting or seeking to vote.
(4)	A voter in that precinct while entering or explaining a challenge pursuant to G.S. 163-87 or G.S. 163-88.
(5)	A person authorized under G.S. 163-166.8 to assist a voter but, except as provided in subdivision (6) of this section, only while assisting that voter.
(6)	Minor children of the voter under the age of 18, or minor children under the age of 18 in the care of the voter, but only while accompanying the voter and while under the control of the voter.
(7)	Persons conducting or participating in a simulated election within the voting place or voting enclosure, if that simulated election is approved by the county board of elections.
(8)	Any other person determined by election officials to have an urgent need to enter the voting enclosure but only to the extent necessary to address that need.
"§ 163-166.4. Limitation on activity in the voting place and in a buffer zone around it.
No person or group of persons shall hinder access, harass others, distribute campaign literature, place political advertising, solicit votes, or otherwise engage in election-related activity in the voting place or in a buffer zone which shall be prescribed by the county board of elections around the voting place. In determining the dimensions of that buffer zone for each voting place, the county board of elections shall, where practical, set the limit at 50 feet from the door of entrance to the voting place, measured when that door is closed, but in no event shall it set the limit at less than 25 feet. The county board of elections shall also, where practical, provide an area adjacent to the buffer zone for each voting place in which persons or groups of persons may distribute campaign literature, place political advertising, solicit votes, or otherwise engage in election-related activity.  No later than 30 days before each election, the county board of elections shall make available to the public the following information concerning each voting place:
(1)	The door from which the buffer zone is measured.
(2)	The distance the buffer zone extends from that door.
(3)	Any available information concerning political activity, including sign placement, that is permitted beyond the buffer zone.
"§ 163-166.5. Procedures at voting place before voting begins.
The State Board of Elections shall promulgate rules for precinct officials to set up the voting place before voting begins. Those rules shall emphasize:
(1)	Continual participation or monitoring by officials of more than one party.
(2)	Security of official ballots, records, and equipment.
(3)	The appearance as well as the reality of care, efficiency, impartiality, and honest election administration.
The county boards of elections and precinct officials shall adhere to those procedures.
"§ 163-166.6. Designation of tasks.
The State Board of Elections shall promulgate rules for the delegation of tasks among the election officials at each precinct. Those rules shall emphasize:
(1)	The need to place primary managerial responsibility upon the chief judge.
(2)	The need to have maximum multiparty participation in all duties where questions of partisan partiality might be raised.
(3)	The need to provide flexibility of management to the county board of elections and to the chief judge, in consideration of different abilities of officials, the different availability of officials, and the different needs of voters precinct by precinct.
"§ 163-166.7.  Voting procedures. 
(a)	Checking Registration. – A person seeking to vote shall enter the voting enclosure through the appropriate entrance. A precinct official assigned to check registration shall at once ask the voter to state current name and residence address. The voter shall answer by stating current name and residence address. In a primary election, that voter shall also be asked to state, and shall state, the political party with which the voter is affiliated or, if unaffiliated, the authorizing party in which the voter wishes to vote. After examination, that official shall state whether that voter is duly registered to vote in that precinct and shall direct that voter to the voting equipment or to the official assigned to distribute official ballots.
(b)	Distribution of Official Ballots. – If the voter is found to be duly registered and has not been successfully challenged, the official assigned to distribute the official ballots shall hand the voter the official ballot that voter is entitled to vote, or that voter shall be directed to the voting equipment that contains the official ballot. No voter in a primary shall be permitted to vote in more than one party's primary. The precinct officials shall provide the voter with any information the voter requests to enable that voter to vote as that voter desires.
(c)	The State Board of Elections shall promulgate rules for the process of voting. Those rules shall emphasize the appearance as well as the reality of dignity, good order, impartiality, and the convenience and privacy of the voter. Those rules, at a minimum, shall include procedures to ensure that all the following occur:
(1)	The voting system remains secure throughout the period voting is being conducted.
(2)	Only properly voted official ballots are introduced into the voting system.
(3)	Except as provided by G.S. 163-166.9, no official ballots leave the voting enclosure during the time voting is being conducted there.
(4)	All improperly voted official ballots are returned to the precinct officials and marked as spoiled.
(5)	Voters leave the voting place promptly after voting.
(6)	Voters not clearly eligible to vote in the precinct but who seek to vote there are given proper assistance in voting a provisional official ballot or guidance to another voting place where they are eligible to vote.
(7)	Information gleaned through the voting process that would be helpful to the accurate maintenance of the voter registration records is recorded and delivered to the county board of elections.
(8)	The registration records are kept secure.
(9)	Party observers are given access as provided by G.S. 163-45 to current information about which voters have voted.
"§ 163-166.8. Assistance to voters.
(a)	Any registered voter qualified to vote in the election shall be entitled to assistance with entering and exiting the voting booth and in preparing ballots in accordance with the following rules:
(1)	Any voter is entitled to assistance from the voter's spouse, brother, sister, parent, grandparent, child, grandchild, mother-in-law, father-in-law, daughter-in-law, son-in-law, stepparent, or stepchild, as chosen by the voter.
(2)	A voter in any of the following four categories is entitled to assistance from a person of the voter's choice, other than the voter's employer or agent of that employer or an officer or agent of the voter's union:
a.	A voter who, on account of physical disability, is unable to enter the voting booth without assistance.
b.	A voter who, on account of physical disability, is unable to mark a ballot without assistance.
c.	A voter who, on account of illiteracy, is unable to mark a ballot without assistance.
d.	A voter who, on account of blindness, is unable to enter the voting booth or mark a ballot without assistance.
(b)	A qualified voter seeking assistance in an election shall, upon arriving at the voting place, request permission from the chief judge to have assistance, stating the reasons. If the chief judge determines that such assistance is appropriate, the chief judge shall ask the voter to point out and identify the person the voter desires to provide such assistance. If the identified person meets the criteria in subsection (a) of this section, the chief judge shall request the person indicated to render the assistance. The chief judge, one of the judges, or one of the assistants may provide aid to the voter if so requested, if the election official is not prohibited by subdivision (a)(2) of this section. Under no circumstances shall any precinct official be assigned to assist a voter qualified for assistance, who was not specified by the voter.
(c)	A person rendering assistance to a voter in an election shall be admitted to the voting booth with the voter being assisted. The State Board of Elections shall promulgate rules governing voter assistance, and those rules shall adhere to the following guidelines:
(1)	The person rendering assistance shall not in any manner seek to persuade or induce any voter to cast any vote in any particular way.
(2)	The person rendering assistance shall not make or keep any memorandum of anything which occurs within the voting booth.
(3)	The person rendering assistance shall not, directly or indirectly, reveal to any person how the assisted voter marked ballots, unless the person rendering assistance is called upon to testify in a judicial proceeding for a violation of the election laws.
"§ 163-166.9. Curbside voting.
In any election or referendum, if any qualified voter is able to travel to the voting place, but because of age or physical disability and physical barriers encountered at the voting place is unable to enter the voting enclosure to vote in person without physical assistance, that voter shall be allowed to vote either in the vehicle conveying that voter or in the immediate proximity of the voting place. The State Board of Elections shall promulgate rules for the administration of this section.
"§ 163-166.10. Procedures after the close of voting.
The State Board of Elections shall promulgate rules for closing the voting place and delivering voting information to the county board of elections for counting, canvassing, and record maintenance. Those rules shall emphasize the need for the appearance as well as the reality of security, accuracy, participation by representatives of more than one political party, openness of the process to public inspection, and honesty. The rules, at a minimum, shall include procedures to ensure all of the following:
(1)	The return and accurate accounting of all official ballots, regular, provisional, voted, unvoted, and spoiled, according to the provisions of Articles 15 and 16 of this Chapter.
(2)	The certification of ballots and voter-authorization documents by precinct officials of more than one political party.
(3)	The delivery to the county board of elections of registration documents and information gleaned through the voting process that would be helpful in the accurate maintenance of the voter registration records.
(4)	The return to the county board of all issued equipment.
(5)	The restoration of the voting place to the condition in which it was found."
SECTION 3.1.  If Senate Bill 14, 2001 Session, becomes law, then G.S. 163‑166.10(1) as enacted by Section 3 of this act reads as rewritten:
"(1)	The return and accurate accounting of all official ballots, regular, provisional, voted, unvoted, and spoiled, according to the provisions of Article 15A of this Chapter."
SECTION 4.  G.S. 163‑114 reads as rewritten:
"§ 163‑114.  Filling vacancies among party nominees occurring after nomination and before election.
If any person nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general election, the vacancy shall be filled by appointment according to the following instructions:

Position		Vacancy is to be filled by
Any elective State office		appointment of State
United States Senator	executive committee of
		political party in which
		vacancy occurs
A district office, including:	
Member of the United States	
House of Representatives	
Judge of district court		Appropriate district executive
District Attorney		committee of political party
State Senator in a multi‑		in which vacancy occurs
county senatorial district	
Member of State House of	
Representatives in a multi‑	
county representative	
district	
State Senator in a single‑		County executive committee
county senatorial district		of political party in which
Member of State House of		vacancy occurs, provided, in
Representatives in a		the case of the State
single‑county		Senator or State
representative district		Representative in a
Any elective county office		single‑county district where
	not all the county is
	located in that district,
	then in voting, only those
	members of the county
	executive committee who
	reside within the
		district shall vote

The party executive making a nomination in accordance with the provisions of this section shall certify the name of its nominee to the chairman of the board of elections, State or county, charged with the duty of printing the ballots on which the name is to appear. If at the time a nomination is made under this section the general election ballots have already been printed, the provisions of  G.S. 163-165.3(c) shall apply. If any person nominated as a candidate of a political party vacates such nomination and such vacancy arises from a cause other than death and the vacancy in nomination occurs more than 120 days before the general election, the vacancy in nomination may be filled under this section only if the appropriate executive committee certifies the name of the nominee in accordance with this paragraph at least 75 days before the general election.
In a county not all of which is located in one congressional district, in choosing the congressional district executive committee member or members from that area of the county, only the county convention delegates or county executive committee members who reside within the area of the county which is within the congressional district may vote.
In a county which is partly in a multi‑county senatorial district or which is partly in a multi‑county House of Representatives district, in choosing that county's member or members of the senatorial district executive committee or House of Representatives district executive committee for the multi‑county district, only the county convention delegates or county executive committee members who reside within the area of the county which is within that multi‑county district may vote."
SECTION 5.  G.S. 163‑209 reads as rewritten:
"§ 163‑209.  Names of presidential electors not printed on ballots.
The names of candidates for electors of President and Vice‑President nominated by any political party recognized in this State under G.S. 163‑96, or nominated under G.S. 163‑1(c) by a candidate for President of the United States who has qualified to have his name printed on the general election ballot as an unaffiliated candidate under G.S. 163‑122, shall be filed with the Secretary of State but shall not be printed on the ballot. In the case of the unaffiliated candidate, the names of candidates for electors must be filed with the Secretary of State no later than 12:00 noon on the first Friday in August. In place of their names,  there shall be printed on the ballot the names of the candidates for President and Vice‑President of each political party recognized in this State, and the name of any candidate for President who has qualified to have his name printed on the general election ballot under G.S. 163‑122. A candidate for President who has qualified for the general election ballot as an unaffiliated candidate under G.S. 163‑122 shall, no later than 12:00 noon on the first Friday in August, file with the State Board of Elections the name of a candidate for Vice‑President, whose name shall also be printed on the ballot. A vote for the candidates named on the ballot shall be a vote for the electors of the party or unaffiliated candidate by which those candidates were nominated and whose names have been filed with the Secretary of State."
SECTION 6.  G.S. 163‑294(b) reads as rewritten:
"(b)	In the primary, the two candidates for a single office receiving the highest number of votes, and those candidates for a group of offices receiving the highest number of votes, equal to twice the number of positions to be filled, shall be declared nominated. In both the primary and election, a voter should not mark more names for any office than there are positions to be filled by  election. If two or more candidates receiving the highest number of votes each received the same number of votes, the board of elections shall determine their relative ranking by lot, and shall declare the nominees accordingly. The canvass of the primary shall be held on the third day (Sunday excepted) following the primary. In accepting the filing of complaints concerning the conduct of an election, a board of elections shall be subject to the rules concerning Sundays and holidays set forth in G.S. 103‑5."
SECTION 7.  G.S. 163‑299(b) reads as rewritten:
"(b)	The form of municipal ballots to be used in partisan municipal elections shall be the same as the form prescribed in this Chapter for the county ballot. "
SECTION 8.  G.S. 163‑299(d) reads as rewritten:
"(d)	The provisions of  Articles 13A and 15A of this Chapter shall apply to ballots used in municipal primaries and elections in the same manner as it is applied to county  ballots."
SECTION 9.  G.S. 163‑332(a) reads as rewritten:
"(a)	General. – In elections there shall be official ballots. The ballots shall be printed to conform to the requirement of  G.S. 163-165.6(c) and to show the name of each person who has filed notice of candidacy, and the office for which each aspirant is a candidate.
Only those who have filed the required notice of candidacy with the proper board of elections, and who have paid the required filing fee or qualified by petition, shall have their names printed on the official primary ballots. Only those candidates properly nominated shall have their names appear on the official general election ballots."
SECTION 10.  Article 25 of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163-327.1.  Rules when vacancies for superior court judge are to be voted on.
If a vacancy occurs in a judicial district for any offices of superior court judge, and on account of the occurrence of such vacancy, there is to be an election for one or more terms in that district to fill the vacancy or vacancies, at that same election in accordance with G.S. 163-9 and Article IV, Section 19 of the North Carolina Constitution, the nomination and election shall be determined by the following special rules in addition to any other provisions of law:
(1)	If the vacancy occurs prior to the opening of the filing period under G.S. 163-323(b), nominations shall be made by primary election as provided by this Article, without designation as to the vacancy.
(2)	If the vacancy occurs beginning on opening of the filing period under G.S. 163-323(b), and ending on the sixtieth day before the general election, candidate filing shall be as provided by G.S. 163-329 without designation as to the vacancy.
(3)	The general election ballot shall contain, without designation as to vacancy, spaces for the election to fill the vacancy where nominations were made or candidates filed under subdivision (1) or (2) of this section. The persons receiving the highest numbers of votes equal to the term or terms to be filled shall be elected to the term or terms."
SECTION 11.  Sections 9 and 10 of S.L. 2001-403 are repealed.

SECTION 12.  This act becomes effective January 1, 2002.
In the General Assembly read three times and ratified this the 13th day of November, 2001.

	s/	 Beverly E. Perdue
	 President of the Senate

	s/	 James B. Black
	 Speaker of the House of Representatives

	s/	 Michael F. Easley
	 Governor

Approved 11:18 a.m. this 14th day of November, 2001