AN ACT TO REVISE PROCEDURES FOR THE CONDUCT OF THE 2016 PRIMARY ELECTION TO COMPLY WITH THE COURT ORDER IN HARRIS V. MCCRORY. Enacted February 23, 2016. Effective February 23, 2016.
Summary date: Feb 24 2016 - View summary
Summary date: Feb 19 2016 - View summary
Senate committee substitute makes the following changes to the 2nd edition.
Deletes the provisions concerning the nomination of electors to the electoral college.
Makes conforming changes.
House committee substitute makes the following changes to the 1st edition.
Amends the long title.
Sets out the procedures and protocols for conducting the 2016 US House of Representatives primary election (primary), notwithstanding previous laws or statutes. Provides that the primary will be held on Tuesday June 7, 2016. The filing period for the primary will open at noon on March 16, 2016, and close at noon on March 25, 2016. Sets out eligibility to file as a candidate in the primary, requiring that any person wanting to run have been affiliated with that party for at least 75 days at the time of filing for candidacy. Persons registered as "Unaffiliated" are ineligible to file for the primary. Provides that no candidate can run for two separate offices at the same time as a result of winning a March 15 and June 7 primary; such individuals must withdraw from one of the races no later than a week after results are certified for both primaries. Provides for the return of filing fees for those having filed for the primary before the enactment of this act. Establishes that the results of the 2016 primary will be determined by a plurality vote, with no second primaries being held during the 2016 election cycle. Repeals SL 2015-258, Section 2(d), concerning procedures for second primaries. Requires elections set for the date of the second primary to be placed on the ballot at the time of the primary. Sets out procedures for nominating electors to the Electoral College.
Authorizes the State Board of Elections to issue temporary orders that might change or alter established election laws, regulations, or guidelines that might affect the primary. Provides that such orders are only effective for the primary and are not rules subject to the NC Administrative Procedure Act. Additionally, such orders become void 10 days after final certification of the primary. Further provides that this act also expires 10 days after final certification of the primary. Provides that ballots cast for the primary in accordance with SL 2015-258 cannot be certified by the State Board of Elections, remain confidential, and are not a public record.
Amends the effective date of the bill, making technical and clarifying changes.
Blank bill; requires that the 2016 Congressional primary election be conducted as provided in the act without setting out those requirements.
Applies to the 2016 primary cycle for the US House of Representatives unless the US Supreme Court reverses or stays the decision of the US District Court for the Middle District of North Carolina holding unconstitutional GS 163-201(a) as it existed before the enactment of this act (or the decision is otherwise enjoined, made inoperable, or ineffective), in which case Section 2 of SL 2015-258 (which set the primary date as March 15, 2016) is again effective.