§ 163-107. Filing fees required of candidates in primary; refunds.
Overview of Statute
Section mandates a fee at time of filing a notice of candidacy in the amount specified in subsequent tabulation.
(a) Fee Schedule.–At the time of filing a notice of candidacy, each candidate shall pay to the board of elections with which the candidate files under the provisions of G.S. 163-106, 163-106.1, 163-106.2, 163-106.3, 163-106.4, 163-106.5, and 163-106.6, a filing fee for the office sought in the amount specified in the following tabulation:
Office Sought Amount of Filing Fee
Governor One percent (1%) of the annual salary of the office sought
Lieutenant Governor One percent (1%) of the annual salary of the office sought
All State executive offices One percent (1%) of the annual salary of the office sought
All District Attorneys of the General One percent (1%) of the annual salary of
Court of Justice the office sought
United States Senator One percent (1%) of the annual salary of the office sought
Members of the United States House One percent (1%) of the annual salary of
of Representatives the office sought
State Senator One percent (1%) of the annual salary of the office sought
Member of the State House of One percent (1%) of the annual salary of
Representatives the office sought
All county offices not compensated by fees One percent (1%) of the annual salary of the office sought
All county offices compensated partly One percent (1%) of the first annual
by salary and partly by fees salary to be received (exclusive of fees)
The salary of any office that is the basis for calculating the filing fee is the starting salary for the office, rather than the salary received by the incumbent, if different. If no starting salary can be determined for the office, then the salary used for calculation is the salary of the incumbent, as of January 1 of the election year.
(b) Refund of Fees.–If any person who has filed a notice of candidacy and paid the filing fee prescribed in subsection (a) of this section, withdraws his notice of candidacy within the period prescribed in G.S. 163-106.4, he shall be entitled to have the fee he paid refunded. If the fee was paid to the State Board of Elections, the chairman of that board shall cause a warrant to be drawn on the Treasurer of the State for the refund payment. If the fee was paid to a county board of elections, the chairman of the Board shall certify to the county finance officer that the refund should be made, and the county finance officer shall make the refund in accordance with the provisions of the Local Government Budget and Fiscal Control Act. If any person who has filed a notice of candidacy and paid the filing fee prescribed in subsection (a) of this section dies prior to the date of the primary election provided by G.S. 163-1, the personal representative of the estate shall be entitled to have the fee refunded if application is made to the board of elections to which the fee was paid no later than one year after the date of death, and refund shall be made in the same manner as in withdrawal of notice of candidacy.
If any person files a notice of candidacy and pays a filing fee to a board of elections other than that with which he is required to file under the provisions of G.S. 163-106.4, he shall be entitled to have the fee refunded in the manner prescribed in this subsection if he requests the refund before the date on which the right to file for that office expires under the provisions of G.S. 163-106.4.
(1967, c. 775, s. 1; 1969, c. 44, s. 84; 1973, c. 47, s. 2; c. 793, s. 37; 1977, c. 265, s. 6; 1983, c. 913, s. 56; 1995, c. 464, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 9; 2001-403, s. 4; 2002-158, s. 10; 2005-428, s. 8; 2016-125, 4th Ex. Sess., s. 21(b); 2017-3, s. 6; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
- Candidate Filings
1. Definition for United States
“United States,” used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
2. Definition for made
A contribution is “made” during regular session if the check or other instrument is dated during the session, or if the check or other instrument is delivered to the limited contributee during session, or if the limited contributor pledges during the session to deliver the check or other instrument at a later time.
3. Definition for board
The term “board” means the State Board with respect to all candidates for State, legislative, and judicial offices and the county board of elections with respect to all candidates for county and municipal offices. The term means the State Board with respect to all statewide referenda and the county board of elections conducting all local referenda.
4. Definition for Board
Board. – Any State board, commission, council, committee, task force,
authority, or similar public body, however denominated, created by statute or
executive order, as determined and designated by the State Board, except for
those public bodies that have only advisory authority.
5. Definition for State
“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
6. Definition for person
The term “person” means any business entity, corporation, insurance company, labor union, or professional association.
7. Definition for Office
(4) Office. – The elected office for which the candidate has filed or petitioned.
(2006-155, s. 1; 2006-259, s. 48(a); 2017-6, s. 3.)
8. Definition for Payment
Payment. – Any money, thing of value, or economic benefit conveyed to the
lobbyist for lobbying, other than reimbursement of actual travel,
administrative expenses, or subsistence.
9. Definition for election
The term “election” means any general or special election, a first or second primary, a run-off election, or an election to fill a vacancy. The term “election” shall not include any local or statewide referendum.
10. Definition for Election
“Election” means the event in which voters cast votes in ballot items concerning proposals or candidates for office in this State or the United States. The term includes primaries, general elections, referenda, and special elections.
11. Definition for candidate
The term “candidate” means any individual who, with respect to a public office listed in G.S. 163A-1411(80), has taken positive action for the purpose of bringing about that individual’s nomination, retention, or election to public office. Examples of positive action include any of the following:
a. Filing a notice of candidacy, filing a notice to be retained, or a petition requesting to be a candidate.
b. Being certified as a nominee of a political party for a vacancy.
c. Otherwise qualifying as a candidate in a manner authorized by law.
d. Making a public announcement of a definite intent to run for public office in a particular election.
e. Receiving funds or making payments or giving the consent for anyone else to receive funds or transfer anything of value for the purpose of bringing about that individual’s nomination or election to office. Transferring anything of value includes incurring an obligation to transfer anything of value. Status as a candidate for the purpose of this Article continues if the individual is receiving contributions to repay loans or cover a deficit or is making expenditures to satisfy obligations from an election already held. Special definitions of “candidate” and “candidate campaign committee” that apply only in Part 2 of this Article are set forth in G.S. 163A-1475.
12. Definition for treasurer
The term “treasurer” means an individual appointed by a candidate, political committee, or referendum committee as provided in G.S. 163A-1412 or G.S. 163A-1496. (1973, c. 1272, s. 1; 1975, c. 798, ss. 5, 6; 1979, c. 500, s. 1; c. 1073, ss. 1-3, 19, 20; 1981, c. 837, s. 1; 1983, c. 331, s. 6; 1985, c. 352, ss. 1-3; 1997-515, ss. 4(a)-(c), 7(b)-(d); 1999-31, ss. 1(a), (b), 2(a)-(c), 3, 4(a); 1999-424, s. 6(a), (b); 2002-159, s. 55(n); 2003-278, s. 5; 2004-125, s. 3; 2004-127, s. 15; 2004-203, s. 12(b); 2005-430, s. 10; 2006-264, s. 23; 2007-391, s. 3; 2008-150, s. 6(a); 2008-187, s. 33(a); 2009-534, ss. 1, 3(a), (b); 2010-170, s. 1; 2011-31, s. 20; 2013-381, s. 50.1; 2015-66, s. 8(a); 2015-258, ss. 3(b), (b1); 2015-264, ss. 81(c), (d); 2017-6, s. 3.)
13. Definition for Candidate
“Candidate” means any individual who, with respect to a public office listed in G.S. 163A-1411(80), has filed a notice of candidacy, notice of retention, or a petition requesting to be a candidate, or has been certified as a nominee of a political party for a vacancy, or has otherwise qualified as a candidate in a manner authorized by law, or has filed a statement of organization under G.S. 163A-1412 and is required to file periodic financial disclosure statements under G.S. 163A-1418.
North Carolina Cases
Case Name: McLean v. Durham County Bd. of Elections
Citation: 21 S.E.2d 842
Case Summary: The Board refused to accept the candidate's party convention nomination and denied the candidate's right to have his name printed on the official ballot as they failed to comply with provisions of the State Primary Law Code § 6018 (failure to file notice of candidacy with the Board and failure to pay filing fee). The candidate then filed an application for mandamus to compel the Board to print his name on the ballot. Pursuant to state law, power to control and regulate primaries and elections rests exclusively in the legislative branch of the state government. Thus in recognizing the State Primary Law did not conflict with any provisions of the state or federal constitution, the court denied the candidates petition. In conclusion, so long as there is no unjust discrimination, the state may, by exercising its inherent police power, suppress whatever evils may be incident to a primary or convention for the designation of candidates for election to public office.
Case Name: Brown v. North Carolina State Bd. of Elections
Citation: 394 F.Supp. 359
Federal District Court: W.D. North Carolina, Charlotte Division
Case PDF: Brown v. NC State Bd of Elections
Case Summary: Alternative means of access to the general election ballot, by means of running as an independent or third-party candidate or conducting a write-in campaign to obtain nomination, did not vitiate constitutional challenge to a North Carolina statute which restricted access to the primary election ballot through requiring payment of a filing fee.