Memo from Winner to Williams,et. al; Defendants' Motion to Reconsider Denial of Motion to Stay; Defendants' Reply to Memorandum in Opposition to Defendants' Motion to Stay

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GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1982

RATIFIED BILL

CHIPTEB 3

HOUSE BILL 3

Iil ACT OP LITTITED DURATIOTI TO DETTT THE PNITIRT BLECTTOXS IT 1982

oilLI.

The General .lsseably of llorth Carolina euacts:

Section 1. f,otrithstandiag atry other provisiols of lar
to the coutracy, the priuary electiou schedule, for 1982 on1y,

pursuant to c-S. 162-1(b) shall be postponetl iu Uorth Carolina

and conducted cossistent rith the schedule as hereinafter

prescribed.

Sec. 2- the prinary elections ia 1982 for all offices
schetluled to be aoninated in f,orth Carolina shall be ordered by

the State Boarcl of Blections io accordance cith the folloriag
schedule aud shall be conducterl oD one of the alteroative dates

set forth herein, as corputetl in Sectioa 3:

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First
Schedule ! PrinaEy

Yoter
Begistratiou
Deadlioe

Seconcl
PriraEI

riliug
Dates

3/23-3/29ItaY tl, 1982 lpril 5, 1982 Juoe 1. 1982
uay 1.8, 1982 rpril 19, 1982 June 15, l9B2 4/6-4/12-
,lune 7, 1982 niy 3 . 1982 June 29, 1982 tt-/20-'4/i6
June 29, 1982 Juue 1. 1982 JulI 2'1, 1982 s/tt-s/lO
July 20, 1982 June 21,. 1982 lugust 17, 1982 5/11-5/17
July 27, 1982 June 28, 1982 August 24,. 1982 5/18-5/2tt
August J, 1982 July 6, 1982 lugust 31, 1982 6/2-6/8

Sec- .3. The State Board of Blections in erercisiag the

authority contained in this act shall adopt the appropri.ate

election schedule provitled in Sectiou 2 of this act according to

the date of finat clearance by the Uaitetl States Justice

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3
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6
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Departneut of the apportionnent plans for llorth Carolina Senate

antl North Carolina House of Representatives. The Board shall

coasult vith the Presideot of the Senate autl the Speaker of the

House of Representatives. Pioal approval by a court uncler the

Voting RiEhts Act shall also be consideretl clearance.

Notrithstanding the above language, schedules t ancl 2 shall only

be effective if the plans for North Caroli-ua Seaate, North

Carolina House of Representatives anil United States House of

Representatives are all approvecl rithin the tlates of clearance on

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

April 6, 1982, then schedule 3 shal.l apply if the North Carolina

House of Representatives aod f,orth Carolina Senate plans are

approved before April 20, 1982.

Date of Cleageqcg

bef ore l{ arch 23 , I 9 82

af ter llarch 22, 19 82 but before lpril 6, 1982

after April 5, 1982 but before April 20, 1982

af ter April 19 , 19 82 but bef ore ltaY 1. 1982

after April 30, 1982 but before llay B, 1982

after t{ay 7, 1982 but before llay 15, 1982

af ter tlay 14, 1982 but before day 29, 1982

Sec. tl. If fi.naL clearance on the f,orth Carolina Senate

ancl ilorth Caroliua House of Representatives apportionuent plaa

has not occurred before llay 29,. 1982, then the tlate of the 1982

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

General Asseobly uhen it nert recoDYeDes.

Sec- 5. If final clearance on the Horth Carolina Senate

Scheclule Nunber

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antl North Carolina House of Representatives apportionoeat plans

has been obtained during a tine periocl set io Section 3 of this

act, but final approval by the United States Justice Departuent

or a court of coupeteut Juristliction of the Unitecl States House

of Representatives apportionuent plan has not occurred by the

openiog time of candidate filinq uDder that scheclule then the

filing periocl for candidates for United States House of

Representatives shall aot be openecl, aad the prinary election for

United states House of Representatives shall uot be heltl otr the

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

1981 regular session of the General Assenbly vhen nert it

reconvenes shall set the clate for the Congressional priDary.

Sec. 6. The filing periocl for candiclates for United

States House of Representatives, North Carolina Senate and llortb

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

close at 12:00 noon on the dates specified io Section 2 of this

act relating to the priuary tlates uhen establishetl as provi-ilecl in

Sectiou 3. This act does uot Eeopen the filing periotl for any

other office.
Sec. -1. The State Boarcl of Elections shall prepare ancl

distribute to the couoty boartls of .elections a Revisetl Prinary

Election Tioetable 1982r S€tting out the applicable filiug

perioil for candidates along vith all other pertinent dates

relative to the prinary election tinetable.

Sec. B. The State Boaril of Elections is hereby

authorized., cousistent vith provisions in G.S. 163-188, to set

the dates on yhich it shall conduct the canvass and issue its

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certification of

Sec. 9-

the results of the 1982 prinary elections.

Applicat.ions for absentee ballots shall be

received consistent uith the schedule specifiecl in G-S. 153-

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

for aII offices, except Uaited States House of Representatives,

North Carolina senate ancl North Carolina House of

Bepresentatives, shall be issuecl pronptly consistent vith

statutory requireuents. The Statc. Boartl of Elections shall be

authorized to instruct tbe county boartls of elections on the

procedure to folloy to ensure erpeclitious supplenental issuance

by uail, to each voteE uho previously ras iss ue'l absentee

ballots, os pronptly as possible af ter the ballot-s for Unitetl

States House oi Representatives, North Carolina Senate and North

Carolina House of Representatives aEe available if those ballots

are not yet available yhen the voter applies. No aclclitional

application sirall be required fron any voter rhose application

sas approved and to rhon aII othec ballots available uere

previously nailecl or otherrise issued.

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

cantlidate ia the prinary f or Unitect States House of

Representetives, Nortir Carolina Seaate an<l North Caroliua House

of Representatives rho has changecl his political party

affiliation or rho has changed fron unaffiliateil status to party

affiliation as permittetl ia G.S. 163-74(b) unless such person

shall have affiliateil rith the political party in rhich he seeks

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

deadline specified in c.s. 153-106(c) as Has applicable to all

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canditlates for State and district 'iudicial officers and all
county officers vhich filing periotl expirecl at 12:00 noon on

February 1, 1982.

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

any local or general lav a prinary or election for a boartl of

eclucation oE other office is to be heltl, on the date of the

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

first l{onday in tlay in 1982, it shall be held oo the date

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

scheduled for four seeks later shall be helil on the second

prinary ilate.

Sec. 12. thenever in any apportioument plan for the

Onitecl States tlousc of Bepresentatives, t{orth Carolina Seuate or

t{orth Carolina House of Representatives, a precinct is placed in

tvo or oore districts, anil there is a priaary, then the county

boartl of elections, vith the approval of the state Boarcl of

Elections odye for the 19BZ priuary election:
(1) Divide the precinct into tro oE Eore precincts.

(21 Change precinct lines to place part of the precinct

vitb a precinct uhich has the sane election district.
(3) Keep the sane precinct but ascertain either j.n

advance or on the date of the prinary rhich district the voter

resides in, and if a primary is being heltl in that tlistrict, qive

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

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

is used for other offices or other voters.

House Bill l



(tt) Provide sotse other procedure to ensure that each

voter cloes not cast ballots in nore than one clistrict.

In adopting a procedure under this section, the Board

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

voter; and any action to chaage precinct lines shall be taken in

accordance vith G. S. 163-28 except that aoti,ce shall be given not

Iess than 20 days prior to the prinary election insteatl of 20

ilays prior to the close of registration.

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

has been placed in several precincts rithout clefinite lines

haviug been drarn, the county board of elections Eay proviile for

the entire nilitary reseryatioq to be in one election precinct,

irrespective of tornship lines in accortlance rith Section 12 of

this act, or it Eay use an alternative statecl ia Section 12 of

this act. Any action under tbis section nust be approvecl by the

State Board of Elections.

Sec. 1q. In the case of a district erecutive comnittee

under c.S. 163-114 to fiII yacancies auong party n<.lninees

occurring after nomination and before electioa, in cases vhere

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

Senate, or North Carolina House distri.ct rith all or part of

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

shall aLlou only delegates fron precincts rithin the district to

yote in electing the menbers of the district executive connittee.

In a case chere a ilistrict constitutes part of a county stancliog

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

noniuation, only nembers of the coumittee cho resicle rithin the

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clistrict nay vote. Bu1es for voting sha1l be prescribe<l by tbe

State party chairnan unless the State party proviCes otherrise.

Sec. 15. Por the 1982 primary election only, G.S. 163-

112 shaIl be applied by substituting n10 days[ for rt30 daystt

rherever it appears, insofar as the offi.ces of United States

Eepresentative, North Carolina Senater oE North Carolina House

are concernecl .

Sec- 16. The State Board of Elections shall atlopt

regulations to inplement this act. Adoption of such regulations

is not subject to Chapter 150A of the General Statutes ercept as

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

notice requirements of G.S. 163-33(B), the State Board of

Elections shaII prescribe an abbreviatecl noti.ce pr,ocedure of the

primary, and for .rny other elections heltt oD that tlate.

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 t{orth Caroliaa ancl its provisions

shall expire on Septenber 1, 1982; horever, its provisions shall
tenporarily suspeoC all requirenents in lar to the contrary until
the date of expiration.

Sec. 18. Section 3

1981, is repealed.

of Chapter 1130, Session Lars of

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Sec. 19. This act is effective upoo ratificatioa.
In the General Assenbly reacl three tiues aud ratifietl,

this the l1th day of February. 1982.

JAI/IES C. GREEN

Jares C. GEeeo

President of the Senate

LlUf'Cl'l E. fi,',:.iSEY-

Listou B. Ransey

Speaker of the House of Representatives

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House Eitl 3