§ 163-115. Special provisions for obtaining nominations when vacancies occur in certain offices.

505 words·~2 min read·/nc/chapter-163/163-115

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)If a vacancy occurs in the office of the clerk of superior court, otherwise than by expiration of the term, or if the people fail to elect, the vacancy shall be filled as provided in Sec. 9(3) of Article IV of the North Carolina Constitution. If the vacancy occurs after the time for filing notice of candidacy in the primary has expired in a year when a regular election is not being held to elect a clerk of the superior court by expiration of term, then the county executive committee of each political party shall nominate a candidate whose name shall appear on the general election ballot. The candidate elected in the general election shall serve the unexpired portion of the term of the person causing the vacancy.

(b)In the event a special election is called to fill a vacancy in the State's delegation in the United States House of Representatives, the provisions of G.S. 163-13 shall apply.

(c)If a vacancy occurs in an elective State or district office (other than member of the United States House of Representatives) during the period opening 10 days before the filing period for the office ends and closing 30 days before the ensuing general election, a nomination shall be made by the proper executive committee of each political party as provided in G.S. 163-114, and the names of the nominees shall be printed on the general election ballots.

(d)If a vacancy occurs on a county board of commissioners and G.S. 153A-27 or G.S. 153A-27.1 requires that a person shall be elected to the seat vacated for the remainder of the unexpired term, and the vacancy occurs:

(1)Beginning on the tenth day before the filing period ends under G.S. 163-106.2, a nomination shall be made by the county executive committee of each political party and the names of the nominees shall be printed on the general election ballots.

(2)Prior to the tenth day before the filing period ends under G.S. 163-106.2, nominations shall be made by primary election as provided by this Article.

(e)If a vacancy occurs in the office of United States Senator, and the vacancy occurs:

(1)Beginning on the tenth day before the filing period ends under G.S. 163-106.2, a nomination shall be made by the State executive committee of each political party and the names of the nominees shall be printed on the general election ballots.

(2)Prior to the tenth day before the filing period ends under G.S. 163-106.2, nominations shall be made by primary election as provided by this Article. (1915, c. 101, s. 33; 1917, c. 179, s. 3; c. 218; C.S., s. 6053; 1923, c. 111, s. 16; 1955, c. 574; 1957, c. 1242; 1966, Ex. Sess., c. 5, s. 14; 1967, c. 775, s. 1; 1973, c. 793, s. 46; 1985, c. 563, ss. 7, 7.1; c. 759, s. 1; 1997-456, s. 27; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)