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. Enacted October 17, 2017. Effective January 1, 2018.
Bill Summaries: S 656 ELECTORAL FREEDOM ACT OF 2017.
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Bill S 656 (2017-2018)Summary date: Oct 17 2017 - View Summary
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Bill S 656 (2017-2018)Summary date: Oct 9 2017 - View Summary
The Governor vetoed the act on 10/09/17. The Governor's objections and veto message are available here: http://www.ncleg.net/Sessions/2017/S656Veto/S656Veto.html.
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Bill S 656 (2017-2018)Summary date: Oct 5 2017 - View Summary
Conference report #2 makes the following changes to the 4th edition.
Makes changes identical to those made in conference report #1 with the following exceptions.
Retains changes to GS 163-122 requiring 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 or 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. Adds that the petition must be signed by at least 200 registered voters from each of three (was, at least three) congressional districts in North Carolina.
Removes district attorneys from the specified offices for which no party primaries are to be held for candidates seeking those offices in the general election held on November 6, 2018. Makes conforming changes.
Makes a technical correction to the statutory reference in the provisions concerning party affiliation indication on notices for candidacy.
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Bill S 656 (2017-2018)Summary date: Oct 4 2017 - View 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.
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Bill S 656 (2017-2018)Summary date: Jun 28 2017 - View Summary
House committee substitute makes the following changes to the 3rd edition.
Amends the long title.
Modifies proposed changes to GS 163-96(a) to reduce the number of required signatures of qualified voters in the State to register a political party to .25% of the total number of voters who voted in the most recent general election for Governor (current law: 2%; 3rd edition: 10,000 votes, regardless of the percentage of votes in the most recent election for Governor).
Modifies proposed changes to GS 163-122(a) as follows.
For elections to statewide office: Changes the deadline by which the required number of signatures of qualified voters to print an unaffiliated candidate's name on the ballot must be filed to the date of the primary election (current law: the second Wednesday prior to the primary election; 3rd edition: the last Friday in June preceding the general election). Reduces the number of required signatures of qualified voters in the state to have an unaffiliated candidate's name printed on the general election ballot to 1.5% of the total number of voters who voted in the most recent general election for Governor (current law: 2%; 3rd edition: 5,000 votes, regardless of the percentage of votes in the most recent election for Governor). Deletes the proposed change to when the State Board of Elections must have such a timely filed petition verified.
For elections to district offices in which the district lies in more than one county: requires a petition for an unaffiliated candidate's name to be printed on the general election ballot to be filed by noon on the day of the primary election (current law: second Wednesday prior to the primary election; 3rd edition: last Friday in June preceding the general election).
For elections to county office, or single-county legislative districts: makes changes identical to those for district offices, described above. Deletes the proposed amendment to when the county board of elections must have such a timely filed petition verified.
For elections to partisan municipal office: deletes the proposed amendment to when the county board of elections have such a timely filed petition verified.
For elections to superior court judge or district court judge: also requires the petition to be filed with the Board of Elections on or before noon on the day of the primary election.
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Bill S 656 (2017-2018)Summary date: Jun 21 2017 - View Summary
House committee substitute makes the following changes to the 2nd edition.
Changes the act's long title.
Further amends GS 163-96(a), concerning the petition requirements for a group of voters to be considered a political party in North Carolina. Modifies the proposed changes to subdivision (2), lowering the number of required signatures needed to form a new political party to 10,000, to require signatures of at least 200 registered voters from at least three (previously proposed, each of the four) NC congressional districts.
Expands the requirements to include any group of voters that files with the State Board of Elections (State Board) documentation that the group of voters had a candidate nominated by that group on the general election ballot of at least 80% of the states in the prior Presidential election. Requires the group of voters to file this documentation with the State Board no later than 120 days before the NC presidential primary. Directs the State Board to immediately verify the documentation and immediately communicate its determination with the State chairman of the proposed new political party. Establishes that a political party recognized under this new subdivision is eligible to participate only in the presidential primary as provided in Article 18A of GS Chapter 163 and the election of presidential electors as provided in Article 18 of the Chapter. Makes conforming clarifying changes.
Further amends GS 163-122(a), as amended, to change the date by which a petition must be filed with the State Board for an unaffiliated candidate to put his or her name on a general election ballot for statewide office to on or before 12:00 noon on the last Friday in June preceding the general election (currently, on the second Wednesday prior to the primary election). Further requires the State Board to verify a timely filed petition within two weeks from the date the petition is presented (currently, no later than 15 business days after canvass of the primary), as specified. Makes identical changes to the timing of filing a petition with the county board of elections and subsequent verification by the board for petitions for office of either county office or a single county legislative district. Makes identical changes to the timing of filing a petition with the State Board for petitions for offices that are a district office, or a superior court judge or a district court judge. Makes identical changes to the timing for the verification of a petition by the county board of elections that is timely filed with the board for an office that is a partisan municipal office.
Amends GS 163-296, lowering the number of qualified voters of a municipality that must sign a petition for an unaffiliated candidate to be placed on the regular municipal election ballot to 3% (currently, 4%) of the whole number of voters qualified to vote in the municipal election according to the voter registration records of the State Board as of January 1 of the year in which the general municipal election is held. Also provides that where an unaffiliated candidate seeks to have the candidate's name printed on the regular municipal election ballot for election from an election district within the municipality, the petition must be signed by 3% (currently 4%) of the voters qualified to vote for that office.
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Bill S 656 (2017-2018)Summary date: Apr 25 2017 - View Summary
Senate committee substitute makes the following changes to the 1st edition:
Adds new Section 2.5 of the bill amending GS 163-111(a) to change the threshold for a substantial plurality from 40% to 30% of the total votes cast for all aspirants to that office in a primary election nomination (identical change made to procedures where nominees for two or more offices are to be selected).
Makes conforming change to the bill title.
Effective January 1, 2018, and applies to all primaries and elections held on or after that date.
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Bill S 656 (2017-2018)Summary date: Apr 6 2017 - View Summary
Amends the petition requirement in GS 163-96(a) for a group of voters to be considered a new political party to lower the number of required signatures to 10,000 (currently, 2% of the total number of voters who voted in the most recent general election for Governor), with signatures of at least 200 registered voters from each of three (currently, four) NC congressional districts.
Amends GS 163-122(a), as amended, to lower the number of signatures required for an unaffiliated candidate to put their name on a general election ballot for statewide office to 5,000 (currently, 2% of the total number of voters who voted in the most recent general election for Governor), with signatures of at least 200 registered voters from at least three (currently, each of four) NC congressional districts. Lowers the number of required signatures for district offices to 3% (currently, 4%) of the total number of registered voters in the district. Lowers the number of required signatures for county office or single-county legislative districts to 3% (currently, 4%) of the total number of registered voters in the county or district, respectively.
Effective January 1, 2018, and applies to all primaries and elections held on or after that date.