Bill Summary for S 656 (2017-2018)

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Summary date: 

Oct 4 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 656 (Public) Filed Tuesday, April 4, 2017
AN ACT TO CHANGE THE DEFINITION OF A "POLITICAL PARTY" BY REDUCING THE NUMBER OF SIGNATURES REQUIRED FOR THE FORMATION OF A NEW POLITICAL PARTY AND FOR UNAFFILIATED CANDIDATES TO OBTAIN BALLOT ACCESS ELIGIBILITY; TO AUTHORIZE ESTABLISHMENT OF POLITICAL PARTIES RECOGNIZED IN A SUBSTANTIAL NUMBER OF STATES IN THE PRIOR PRESIDENTIAL ELECTION; TO CHANGE TIMING OF FILING OF PETITIONS; TO REDUCE THE THRESHOLD FOR A SUBSTANTIAL PLURALITY TO THIRTY PERCENT; AND TO ELIMINATE JUDICIAL PRIMARIES FOR THE 2018 GENERAL ELECTION.
Intro. by Brock.

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Bill summary

Conference report makes the following changes to the 4th edition.

Amends GS 163-96 as follows. Amends the definition of political party to include any group of voters that has filed documentation with the State Board of Elections that the group of voters had a candidate nominated by that group on the general election ballot of at least 70% (was, 80%) of the states in the prior Presidential election. Changes the requirements for filing their documentation. No longer specifies that a party recognized under these provisions is eligible to participate only in the presidential preference primary and the election of presidential electors. Makes language in the statute gender neutral.

Amends GS 163-122 to require voters filing a petition to have the voter's name printed on the general election ballot as an unaffiliated candidate for a district office other than General Assembly to file the petition on on before noon on the day of the primary election and requires that the petition be signed by qualified voters of the district equal in number to 1.5% of the total number of registered voters in the district. For General Assembly seats in which the district lies in more than one county, petitions must be filed by noon on the day of the primary election and must be signed by qualified voters of the district equal in number to 4% of the total number of registered voters in the district. Reinstates the current requirement that petitions for county office or a single county legislative district be signed by qualified voters of the county equal in number to 4% (was, 3%) of the total number of registered voters in the county. Makes language gender neutral.

Amends GS 163-296 to require, in cities conducting partisan elections, that any voter seeking to have his or her name printed on the regular municipal election ballot as an unaffiliated candidate file a petition signed by a number of qualified voters of the municipality equal to at least 1.5% (was, 3%) of the whole number of voters qualified to vote in the election.

Adds the following new provisions.

Prohibits holding party primaries for candidates for the following offices in the general election held on November 6, 2018: Justices of the Supreme Court, judges of the Court of Appeals, judges of the superior courts, judges of the district courts, and district attorneys. Requires notice of candidacy for these offices to be filed between noon on June 18, 2018, and noon on June 29, 2018. Sets out the format of the form to used when filing a notice of candidacy as well as requirements to be met when filing the form. Allows notice of candidacy to be withdrawn at any time before the close of business on the third business day before the date on which the right to file for that office expires. Requires candidates to also file a certificate stating that the individual is registered to vote, specifying the judicial district of residency when the person is running for superior or district court judgeship in a county containing more than one district, and verifying the candidate's party designation or unaffiliated status. Prohibits a person from filing a notice of candidacy for more than one of these offices or group of offices and an office described in GS 163-106(c) (Governor, Lieutenant Governor, all State executive officers, United States Senators, members of the House of Representatives of the United States, district attorneys, state Senators, members of the State House of Representatives, and all county offices) for any one election. Requires in any election in which there are two or more vacancies for the office of justice of the Supreme Court, judge of the Court of Appeals, superior court judge, or district court judge to be filled by nominations, that each candidate file a written statement designating the vacancy to which the candidate seeks election. Requires a person seeking election for a specialized district judgeship to file a written statement designating the specialized judgeship to which the person seeks nomination. Sets out residency requirements for a person filing a notice of candidacy for superior court judge or district court judge. Sets out filing fee requirements. Sets out procedures to be followed when there is an insufficient number of candidates, upon the death or disqualification of a candidate, and failure to withdraw from candidacy. Requires that for the 2018 general election, the State Board of Elections and Ethics Enforcement place elections for the offices elected as provided in this section with other partisan offices. Requires that the order of candidates for those offices  be determined as provided in GS 163-165.6(c) (requiring that the order in which candidates appear on a county's official ballots in any (1) primary ballot item, whether the primary is partisan or nonpartisan and (2) in any nonpartisan general election ballot item under Article 25 of GS Chapter 163 shall be determined by the county board of elections using a process designed by the State Board of Elections for random selection. The same random selection process shall be used for all primaries and elections in a calendar year.). Requires that a general election for all candidates seeking office as provided in this section be held on November 6, 2018. The candidate for a single office receiving the highest number of votes is elected and the candidates for a group of offices receiving the highest number of votes, equal in number to the number of positions to be filled, is elected. In the event of a tied vote, the winner is determined by lot. Effective January 1, 2018. 

Makes conforming changes to the act's long title.