Part I

Amends GS 163-1(b), as amended by SL 2017-3, to provide for a voter-nominated primary election to nominate candidates in the State for certain offices. Lists 19 offices that are to be voter-nominated offices, including the Governor, Lieutenant Governor, Secretary of State, Attorney General and state legislators. 

Defines the following terms for purposes of Subchapters I through VIII of GS Chapter 163. Defines a voter-nominated primary election to mean a primary in which a qualified voter can vote at the primary for any candidate described in subsection (b) without regard to the political party affiliation disclosed by either the candidate or the voter, with the two candidates receiving the highest vote totals for each of those offices in the primary election competing for office at the general election. Defines a voter-nominated office as a congressional or State elective office for which a candidate can choose to have the candidate's political party affiliation or lack of political party affiliation indicated on the ballot. 

Adds new subsection (b1) to GS 163-1 to clarify that the statute does not prohibit a political party or political party committee from endorsing, supporting, or opposing a candidate for an office listed in subsection (b).

Amends GS 163-11 (Filling vacancies in the General Assembly) to provide that if a vacancy occurs in the General Assembly by death, resignation, or otherwise than by expiration of term, the Governor must immediately make an appointment for the unexpired part of the term until an election is held to fill the office, pursuant to the Governor's powers and duties under GS 147-12. Deletes all other provisions in subsections (a), (b), (c), and (d), setting out further requirements and limitations regarding the Governor's appointment in filling a vacancy in the General Assembly, including eliminating the requirement that the Governor appoint the person recommended by the political party executive committee as specified.

Amends GS 163-12 (filling a vacancy in the US Senate) to eliminate the requirement that the person appointed by the Governor be a person affiliated with the same political party if the vacating Senator was elected as a nominee of a political party.

Amends GS 163-13 (filling a vacancy in the US House of Representatives) to eliminate the provision providing nominations to fill a vacancy in the US House to be made by the political party congressional district executive committees in the district in which the vacancy occurs if a congressional vacancy occurs beginning on the tenth day before the filing period ends under GS 163-106(c) preceding the next general election, whereby those names are certified and printed on the special election ballot. Now provides that the Governor must call a special primary for the purpose of nominating candidates to be voted on in a special election called by the Governor, as specified (currently, this is only the nominating procedure if the congressional vacancy occurs before the tenth day before the filing period ends under GS 163-106(c) prior to the next succeeding general election).

Amends GS 163-59 (Right to participate or vote in party primary), limiting the existing provisions of the statute to political party primary elections only.

Amends GS 163-82.4(c) to specify that an unaffiliated voter registrant can vote in a voter-nominated primary.

Amends GS 163-106 to provide the form for the notice and pledge of candidacy for a voter-nominated primary that must be filed with the board of elections. Provides that subsection (b), requiring a person to be affiliated with the person's political party for at least 90 days before filing as a candidate in a party primary, does not apply to individuals seeking office as voter-nominated candidates. Modifies subsection (c), setting out the time requirements for filing notice of candidacy with the State Board of Elections and the county board of elections, where applicable, to establish that the existing provisions apply to candidates seeking office for specified offices in a voter-nominated primary election. Modifies subsection (f) to provide that candidates required to file their notice of candidacy with the State Board of Elections under subsection (c) must include a certificate, as specified, stating among other information, the preference for designating the party with which the person is affiliated, and if the person has not changed affiliation from another party or from unaffiliated within three moths prior to the filing deadline, when applicable to that office. 

Amends GS 163-107.1 (Petition in lieu of payment of filing fee) to make the statute's provisions concerning nomination in the party primary also applicable to any qualified voter who seeks office in a voter-nominated primary whereby a written petition can be filed with the appropriate board of elections requesting the person be a candidate for the specified office in lieu of payment of the filing fee. Amends subsection (b), which requires a candidate seeking the office of US Senator, Governor, Lieutenant Governor, any State executive officer, Justice of the Supreme Court, or Judge of the Court of Appeals to have a petition signed by 10,000 registered voters, to provide that the voter signatures count towards the required number regardless of the voter's political affiliation (currently, requires the voter signatures to be members of the political party in whose primary the candidate desires to run, and provides for different thresholds for political parties defined by GS 163-96(a)(2)).

Amends subsection (c) of GS 163-107.1, pertaining to filing a petition in lieu of paying a filing fee for candidacy in an office set forth in GS 163-106(c) but not listed in subsection (b) of GS 163-107.1 (leaving judges of superior court, judges of district court, US Senators, US Representatives, district attorneys, State Senators, State representatives, and all county offices), or a municipal or any other office requiring a partisan primary which is not set forth in GS 163-106(c) or (d). Provides that if the office the candidate is seeking is a voter-nominated office, the petition must be signed by 5% of the registered voters of the election area in which the office will be voted for.

Makes conforming changes to GS 163-108(c), concerning the State Board of Elections certification of the filed notices of candidacy under GS 163-106(c), reflecting the option of a candidate to provide the candidate's preference for party affiliation, where applicable.

Amends GS 163-110 (Candidates declared nominees without primary) to make the existing provisions applicable to voter-nominated primaries, party primaries, or nonpartisan primaries. 

Renames GS 163-111 Determination of primary results (previously, included secondary primaries). Deletes all existing language, and now provides the following.

New subsection (a) requires, for voter-nominated offices described in GS 163-1(b), there must be a primary to narrow the field of candidates to two candidates for each position to be filled, if, when the filing period closes, there are more than two candidates for a single office or the number of candidates for a group of offices exceeds twice the number of positions to be filled. Adds that, if only one or two candidates file for a single office, no primary can be held for that office and the candidates must be declared nominated. Further, provides that if the number of candidates for a group of offices does not exceed twice the number of positions to be filled, no primary can be held for those offices and the candidates must be declared nominated. 

New subsection (a1) provides that, 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, are declared nominated. Where two or more candidates receiving the highest number of votes each receive the same number of votes, the State Board of Elections must determine their relative ranking by lot and must declare the nominees accordingly. Directs that the canvass of the primary is to be held on the same date as the primary canvass fixed under GS 163-182.5. Requires the canvass to be conducted in accordance with Article 15A of GS Chapter 163.

New subsection (a2) sets forth that, in the general election, the names of those candidates declared nominated without a primary and those candidates nominated in the primary must be placed on the ballot. Directs that the candidate for a single office receiving the highest number of votes must be elected. Requires that those candidates in a group of offices receiving the highest number of votes, equal in number to the number of positions to be filled, must be elected. Sets out that if two candidates receive the highest number of votes and each received the same number of votes, the State Board of Elections must determine the winner by lot. 

New subsection (a3) establishes that the provisions of GS 163-111 as amended prevail over any local act. 

Makes conforming changes to GS 163-112 (Death of a candidate before primary; vacancy in single office) to remove references to "political party," making the statute applicable to all primaries, not just party primaries. Makes further conforming changes to GS 163-113 (Nominee's right to withdraw as candidate) to remove references to "political party."

Amends GS 163-114 to add new language providing that, except as otherwise provided, if any voter-nominated candidate for one of the offices listed in GS 163-1(b), either in a primary 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 must be filled by the Governor pursuant to powers enumerated under GS 147-12(a)(3). Makes conforming changes to modify the offices listed and their respective vacancy appointment instructions provided in GS 163-114, concerning vacancies of nominated candidates of a political party, to reflect the changes to GS 163-1(b). Makes conforming changes to delete related provisions in GS 163-114. Further, provides that an individual whose name appeared on the ballot in a primary election preliminary to the general election is not eligible to be nominated to fill a vacancy for the same office in the same year (previously, specified that the individual is not eligible to be nominated to fill a vacancy in the nomination of another party for the same office in the same year).

Makes conforming changes to GS 163-115 (Special provisions for obtaining nominations when vacancies occur in certain offices), reflecting changes made to GS 163-1(b) and GS 163-114.

Repeals GS 163-119 (Voting by unaffiliated voter in party primary).

Renames GS 163-123 Declaration of intent and petitions for write-in candidates in elections (currently, in partisan elections).

Amends GS 163-165.6 (Arrangement of official ballots). Modifies subsection (b), setting out the requirements of the rules the State Board of Elections is required to promulgate prescribing the order of offices to be voted on the official ballot, to require the rules to adhere to the guideline that voter-nominated offices listed under GS 163-1(b) are to be listed before partisan offices, and partisan offices, regardless of the size of constituency, are to be listed before nonpartisan offices. Modifies subsection (c) to provide that the order in which candidates appear on a county's official ballots in any primary ballot item must be determined by the county board of elections using a process designed by the State Board of Elections for random selection. Modifies subsection (d), setting out the order of candidates in any ballot item on a general election official ballot. Removes the requirement that nominees of political parties that reflect at least 5% of statewide voter registration be in alphabetical order by party beginning with the party whose nominee for Governor received the most votes in the most recent gubernatorial election and in alphabetical order within the party, to now require the nominees to be listed in alphabetical order by party. Adds that voter-nominated candidates are to be listed in alphabetical order by order of precedence pursuant to existing subsection (b), and follow the nominees of political parties as set out previously. Makes conforming change to delete subsection (d1), pertaining to the order of candidates for judge of the court of appeals on the general election official ballot. 

Amends GS 163-226.1 (Absentee voting in primary) to provide that a qualified voter can vote by absentee ballot in a primary as permitted in GS Chapter 163. Deletes other qualifications concerning partisan primaries.

Makes conforming changes to GS 163-227.2(b), concerning early one-stop voting in a primary election. Makes technical changes. 

Part II

Makes conforming changes to GS 18C-112(e), GS 160A-23.1(d), GS 163-55(c), GS 163-82.6(d), GS 163-82.17(a), GS 163-226(c), GS 163-258.9(a), GS 163-258.16(a), GS 163-258.29, GS 163-278.6(8), GS 163-278.13(d), and GS 163-278.40B(2). 

Amends GS 160A-23.1(d), providing that for cities using the election and runoff method under GS 163-293, the election must be held on the primary election date for county officers in the second year following a federal decennial census, but the results must instead be determined by the nonpartisan plurality election method under GS 163-292 (previously, provided that necessary runoffs are to be held on the date for the second primary for county officers in that year).

Repeals GS 163-227.1, GS 163-227.3(b), and GS 163-278.13B(d), all pertaining to a second primary.

Part III provides that the act applies to primaries and elections held on or after January 1, 2018.