Code Section
Tool bar
North Carolina > Elections And Election Laws > Political Parties (§ § 163-96 through 163-103) Article 9. Political Party Definition (§ § 163-96 through 163-103)

§ 163-97. Termination of status as political party.

Overview of Statute

Section requires of all political parties to meet the test set forth in the articles herein or else fail to be a party under the general election laws.



When any political party fails to meet the test set forth in G.S. 163-96(a)(1), it shall cease to be a political party within the meaning of the primary and general election laws and all other provisions of this Subchapter.

(1901, c. 89, s. 85; Rev., s. 4292; C.S., s. 5913; 1933, c. 165, s. 1; 1949, c. 671, s. 1; 1967, c. 775, s. 1; 2006-234, s. 2; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Definition [political party]

The term “political party” means any political party organized or operating in this State, whether or not that party is recognized under the provisions of G.S. 163A-950. A special definition of “political party organization” that applies only in Part 2 of this Article is set forth in G.S. 163A-1475. An affiliated party committee is deemed a political party for this Article as set forth in G.S. 163A-1416 and G.S. 163A-1417.

§ 163A-1411 (76). Definitions.

Definition [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.

§ 163A-1411 (30). Definitions.

Definition [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.

§ 163A-1095 (4). Definition


North Carolina Cases

Out-of-State Cases

Federal Cases

Case Name: McLaughlin v. North Carolina Bd. of Elections

Citation: 65 F.3d 1215

Federal Circuit Court: 4th Circuit Court

Year: 1995

Case PDF: McLaughlin v. North Carolina Bd. of Elections

Case Summary: Libertarian Party members brought action against the state election officials and sought to have specific North Carolina statutes  declared unconstitutional. The trial court deemed only some of the requested statutes (required payment of .05 cents per each notarization) unconstitutional, but deemed the remainder of challenges constitutional. Here the court held and affirmed, the state's interest in administrative simplicity outweighed the small burden that the provision imposed on the Party's interest. Namely, the court reasoned that ballot access restrictions must be analyzed as a whole, therefore the court ruled such ballot access rules did not unconstitutionally burden rights under the First and Fourteenth Amendments.