Bill Summary for H 794 (2013-2014)

Summary date: 

Apr 15 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 794 (Public) Filed Wednesday, April 10, 2013
A BILL TO BE ENTITLED AN ACT TO AMEND THE DEFINITION OF "POLITICAL PARTY," TO AMEND THE NOMINATION PROCESS, TO AMEND THE REQUIREMENTS FOR UNAFFILIATED AND WRITE-IN CANDIDATES, TO ALLOW NOMINATION BY CONVENTION BY SMALLER PARTIES, AND TO PROVIDE THAT SMALLER PARTIES ELECTING TO HAVE PRIMARIES WILL HAVE THE RESULTS DETERMINED BY PLURALITY.
Intro. by Saine, Luebke, Lewis, R. Moore.

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Bill summary

Amends GS 163-96(a) reducing the percentage requirement of entire votes cast in the state for Governor or for presidential electors to qualify as a political party in North Carolina from 2% to 0.25%. Further requires a petition by a group of voters seeking political party status to be signed by at least 200 registered voters from each of four (rather than three) congressional districts. Petitions must be filed by 12:00 noon on the third Friday in July preceding the day on which is to be held the first general state election.

Amends GS 163-98 adjusting the time frame for the president of the new political party's convention to certify to the State Board of Elections names of persons chosen as the new party's candidates in the upcoming general election to be no later than the first day of August (rather than the first day of July) prior to the general election.

Amends GS 163-98 adding subsection (b) providing an exception that a political party with less than 10% of the registered votes in this state is not subject to the Primary Act, Article 10, if proper notification is given to the State Board.

Amends GS 163-98 adding subsection (c) identifying the status of candidates affiliated with a new political party and outlining a procedure for the State Board to add names to ballots.

Amends GS 163-98 adding subsection (d) requiring political parties exempt from Article 10 of this Chapter nonetheless be subject to GS 163-113 (withdrawal of nominee), 163-114 (filling vacancy in nomination after convention), and 163-115 (nominations when vacancies occur). Effective when the act becomes law.

Amends GS 163-111 adding subsection (g) prohibiting second primaries for political parties with less than 10% of registered voters.

Enacts GS 163-111.1 of Article 10 of GS Chapter 163 outlining procedures for the determination of primary results for political parties that have less than 10% of the required voters in the state. This section prevails over any local act.

Amends GS 163-122(a) changing the date by which a petition by an unaffiliated candidate to be included on a ballot must be filed with the State Board of Elections from the last Friday in June to the third Friday in July. Also reduces the required percentage of qualified voters who must sign the petition from 2% of the total number of voters who voted in the most recent general election to 0.25% if the office is statewide. Also requires the petition be signed from voters in three (was, four) Congressional districts. If the office is a district office under the jurisdiction of the State Board of Elections or if the office is a county office or single county legislative district, the percentage of qualified voters that must sign the petition is changed from 4% to 1%.

Amends GS 163-296 requiring unaffiliated candidates who seek to have their names printed on the regular municipal ballot to do so in the manner provided in GS 163-122 and removing the requirement that the petition be signed by at least 4% of the qualified voters of the municipality.

Changes "petitions" to "declaration of intent" in the following sections: GS 163-123(c)(1), (2), and (3) and GS 163-123(f1).

Amends GS 163-123(c)(1) requiring only that an applicant for write-in candidacy for a statewide office file a declaration of intent with the State Board of Elections supporting that applicant's candidacy for a specified office on or before noon on the 90th day before the general election. All other requirements of the candidate and procedures for the Board of Elections in this section are deleted.

Amends GS 163-123(c)(2) removing the requirement that a declaration of intent for a district office candidate be signed by 250 qualified voters for write-in candidates seeking a district office under the jurisdiction of the State Board of Elections.

Amends GS 163-123(c)(3) requiring only that an applicant for write-in candidacy for a county office, school administrative unit office, or a legislative district consisting of a single county or portion of a county file a declaration of intent with the county board of elections supporting that applicant's candidacy for a specified office on or before noon on the 90th day before the general election. All other requirements of the candidate and procedures for the Board of Elections in this section are deleted.

Amends GS 163-123 deleting subsection (d), the form of the petition.

Unless otherwise indicated, applies to primaries and elections held on or after January 1, 2014.

 

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