General Assembly of North Carolina House Bill 3

    crmtr ASSEMBLY oF NoRTH c*ourun
EXTRA SESSION 1982

RATIFIED BILL

CHIPTEB 3

flOUSE BILL 3

IN ACT OT LIilITED DIIRATIOil TO DELAT TflE PAIUIRT BLECTTOTS IT 1982

Of,LI.

The General lsseably of llorth Carolina enacts:

Section 1. XotrithstandiDg any other provisions of lar
to the contrary, the prinary electiou schedole, for 1982 only,

pursuant to G.S. 162-1 (bf shall be postponed ia torth Carolina

and conducted cossistent uith the scheilule as hereinafter

prescribed.

( Sec. 2- the prlaary electi.ons ia 1982 for all offices

schetluled to be noninated in rorth Carolina shall be ordered b7

tbe State Boar,rl of Elections ir accortlaoce ritb the folloriag
schedule antl shall be cosductecl oD one of the alteroative ilates

set forth hereinr os colputed ia Sectiou 3:

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Pirst
Schedule ! PrinaEg

Voter
Begistratioa
Deadline

Second
Prirarl

Filiog
Dates

1 ttay 4, 1982 April 5, 1982 June 1. 1982 3/23-3/29
2 [ay 1.8, 1982 lprll 19, 1982 June 15, t982 4/6-4/11
3 June l. 1982 ltay 3, 1982 June 29, 1982 tt/20-4/26
ll June 29, 1982 Juue 1, 1982 July 27, 1982 5/tt-5/10
5 July 20, 1982 June 21,. 1982 lugust 17, 1982 5/11-5/17
6 JuIy 27, 1982 Jooe 28, 1982 August 24, 1982 5/18-5/24
7 August J, 1982 July 6, 1982 lugust 31, 1982 6/2-6/8

Sec- 3. The State Board of Elections in ereccisiag the

authority contained in this act shall atlopt the appropri.ate

election schedule provitled in Section 2 of this act according to

the date of fina.l clearauce by the Uoitetl States Justice

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Departneut of the app-ortionaent plans for llorth Carolina Senate

and North Carolina House of Bepresentatives. The Boartl shall

cousult vith the Presicleot of the Senate aud the Speaker of the

House of Representatives. Final approval by a court under the

voting RiEhts Act shatl also be considered clearance.

Notrithstantling the above language, schedules t ancl 2 shaIL only

be effective if the plans for North Carolina Senate, Uorth

Carolina House of Representatives and United States House of

Representatives are all approved rithin the tlates of clearance oD

those schedules. If all three plans have not been approved by

April 61 1982, then scheclule 3 shal.l appll if the North Caroliua

House of Representatives ancl [ortb Carolina Seaate plans are

approved before april 2o, '1982-

Date of Clearaqcg

bef ore l{ arch 23 , I 9 82

after tlarch 22, 1982 but before lpril 6' 1982 2

after April 5, 1982 but before April 20,. 1982 3

Sec- 4. If final clearance on the Xorth Carolina Senate

antl North Carolina House of Representatives aPpoEtionuent plaa

has not occurred before Iay 29r 1982, then the clate of the 1982

prinary election shalt be set by the 1981 regular session of the

General Asseubly uhen it nert reconvenes.

Sec. 5. If final clearaace on the Uorth Carolina Senate

after April 19r 1982 but before naY 1. 1982

after April 30, 1982 but before Uay B, 1982

after l{ay 7. 19BZ but before ltay 15, l98z

af ter l'lay 14, 1982 but before [ay 29 , 1982

Sshgdufe NunbeE

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and North Carolina House of Representatives apportionoeat plans

has been obtained duriog a ti,ne periorl set io Sectiou 3 of this
act, but final approval by the United States Justice Departuent

or a court of conpetent jurisdiction of the Uni-terl States House

of Representatives apportionuent plan has not occurred 
, 
by the

opening time of canditlate filinq under that scheclule then the

tiling period for candidates for Unitetl States House of

Representatives shall not be openecl, antl the priuary election for

Uniteil States House of Represeutati-ses shall oot be held oD the

sane date as the prinary provitled in Section 2 of this act. The

1981 Eegular session of the General Assenbly vhen nert it
reconvenes shaIl set the clate for the Congressional prinary.

Sec. 6. The filing periocl for candiclates for Uoited

States House of Representatives, North Carolina Senate and llortb

Carolina llouse of Representatives shall open at 12:00 nooD and

close at 12:00 noon on the clates specified iu Section 2 of this

act relating to the pri-uary dates vhen establishecl as provided in

Section 3. This act does not reopen the filinq periotl for any

other office.
Sec. 7. Tbe State Boarcl of Elections shall prepare ancl

distribute to the county boarcls of elections a Revisecl Prinary

Election Tiuetable 1982r s€tting out the applicable filinq

periocl for candidates along rith all other pertinent dates

relative to the prinary election tinetable.

Sec- B. the State Board of Elections is hereby

authorized., consistent vith provisions in G-S. 153-188, to set

the dates on uhich it shall conduct the canvass and i-ssue its

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rescertification of the ults of the 1982 prinary elections.

Sec. 9. Applications for absentee ballots shall be

received consistent vith the schedule specifiecl in G-S. 163-

109 (b) , c. S. 163-227.2 (b) antl G. S. 163-22'l and absentee ballots

for all offices, except Unitett States House of Representatives,

tlorth Ca rol ina SeDate and North Carolina Bouse of

Bepresentatives, sha 11 be issuetl pronptly consistent uith

statutory requiretsents. The State Boartl of Blections shaII be

authorized to instruct tbe county boartls of elections on the

procedure to follor to ensure erpeditious supplenental issuance

by nail, to each voter yho previously sas issue,l absentee

ballots, as pronptly as possible after tbe ballots for Unitecl

States House of Hepresentatiyes, North Carolina Senate aocl Nortb

Carolina House of Representatives are available if those ballots

aEe not yet availa b1e chen the voter applies. No adtlitional

application shaII be require,cl fron any voter rhose application

yas approved and to rhon all other ballots aYailable cere

previously nailecl or otbercise issuecl.

Sec. 10. No person shall be peruittecl to file as a

cantlidate in the prirary for Unitecl States House of

Representetives, Nortb Carolina Seaate and llorth Caroliua House

of Representatives rho has changed his political party

affiliation or rho has changed fron unaffiliaterl status to party

affiliation as pernitted in G.S. 163-74(b) unless such person

shalI have affiliatecl rith the political party in rhich he seeks

to be a candidate for at Least three nonths prior to the filing

cleatlline specif iecl in G. S. 163-106 (c) as Has applicable to all

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candiclates for State anil clistrict 'iudicial officers and all

county officers vhich filing periocl erpirecl at 12:00 noon on

February 1, 1982

Sec. 1 1- Ilhenever in accordance rith the provisions of

anf local or general lav a prinary or election for a board of

eclucation oE other office is to be helcl on the clate of the

primary election, or it is set to be on the Tuesday after the

f irst llonday in t'tay io 1982, it shall be held on the date

provicled in Section 2 of this act, anil any election or runoff

scheduled for four ueeks later shall be helcl oD the second

prinary clate.

Sec. 12. IJhenever in any apportionlrent plan for tbe

0nited States House of Bepresentatives, North Carolina Seuate or

North Carolina House of Representatives, a precinct is placed in

tvo or oore tlistricts, and there is a priuary, then the county

boarcl of elections, vith tbe approval of the State Boarcl of

Elections odl, for the 1982 priBary electiou:

(1) Divide the precinct into tro or Dore precincts.

(2) Change precinct lines to place part of the precinct

vith a precinct uhich has the sane election district.
(l) Keep the sane precinct but ascertain either in

advance or on the date of the prinary rhich <listrict the voter

resides in, and if a prinary is beiog helcl in that clistrict, qive

the voter the ballots for the appropriate clistrict. This naY be

accomplished t,y a paper ballot for the office even if a nachine

is used for other offices or other voters.

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eus(4) Pro vid oue other procedure to ure that each

voter rloes not cast ballots in nore than one rlistrict.

In adoptiag a proceflure under this section, the Board

shall attenpt to use the oethocl rhich is least clisruptive to the

voterr and aoy action to chauge precinct lines shall be taken in
accordance vith G.5. 1t,3-28 except that aotice shall be given not

less than 20 days prior to the prinary election instead of 20

clays prior to the close of reEistration.

Sec. 13. In case the area in any nilitary reservation

has beea placed i a several preciucts rithout clefinite lines
having been drarn, the county boarcl of elections Eay provide for
the entire nilitary reservatioo to be in one election precinct,

irrespective of tonn.ship lines in accorclance rith Section 12 of
this act, or it nay use an alternative statecl ia Section 12 of

this act. Any action under this section uust be approved by the

State Board of Elections.

Sec. 14. fn the case of a clistrict erecutive comnittee

uuder c. S. 1 63-1 1 4 to filI vacancies atsong party aoninees

occurring after nomination and before election, in cases rhere

part of the county is in a Unitecl States House, North Carolina

Senate, or North Carolina House district rith all or part of

another county, a county political party, in choosing neubers,

shall alLor only delegates fron precincts rithin the district to

Yote in electing the menbers of the district executiye connittee.
In a case rhere a district coostitutes part of a county stantlinq

alone, and the county executive comnittee is to vote to fill the

nonination, only memtlers of the connittee rho resicle rithin the

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clistrict nay vote. Bules for voting shall be prescribe<l by the

State Party chairnan unless the State party proviCes otherrise.
Sec. 15. Por the t982 priuary election ouly, G.S. 163-

112 shall be applietl by substituting n10 daysrt for rt30 daysrt

rherever it appears, insofar as the offices of United States

Bepreseotative, North Carolina Senater oE North Carolina House

a re concern ecl .

Sec. 16- The State Boartl of Elections shall aclopt

regulations to i-uplenent this act. Adoption of such regulations
is not subject to Chapter 150A of the General Statutes ercept as

to filing, publication, and reviey of the rules. In lieu of the

notice requirements of c.S. 163-33(8), the State Board of
Elections shall prescribe an abbreviatecl notice procedure of the

prinary, and for any other elections helrt ou that clate.

Sec. 17. Tbe provisions of Sections 1 through 17 of

this act shall be temporary ancl shall apply oaly to the 1982

prinary elections conducted in North Caroliaa ancl its provisions

shall expire on SeSrtenber 1, 1982; horever, its provisions shall
tenporarily suspeod all requirenents in lar to the contrary until
the clate of expiration.

Sec. 18. Section 3

1981, is repealed.

of Chapter 1130, Session Lars of

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sec. 19. urJl.t is ef fective upon ...lr""tiou.
In the General Assenbly read three tiues aud ratifiecl,

this the l1th tlay of February, 1982.

JAI'//iES C. GREEN

Jares C. Green

President of the Senate

LlET,Cl'i B. [i,'',,iSEY-

Listou B. Ransey

Speaker of the House of Bepresentatives

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