§ 163-1. Time of regular elections and primaries.
Overview of Statute
Section provides for the specific titles, terms, and elections of the enumerated public positions.
Statute
(a) Unless otherwise provided by law, elections for the officers listed in the tabulation contained in this section shall be conducted in all election precincts of the territorial units specified in the column headed “Jurisdiction” on the dates indicated in the column headed “Date of Election.” Unless otherwise provided by law, officers shall serve for the terms specified in the column headed “Term of Office.”
(b) On Tuesday next after the first Monday in March preceding each general election to be held in November for the officers referred to in subsection (a) of this section, there shall be held in all election precincts within the territory for which the officers are to be elected a primary election for the purpose of nominating candidates for each political party in the State for those offices.
(c) On Tuesday next after the first Monday in November in the year 1968, and every four years thereafter, or on such days as the Congress of the United States shall direct, an election shall be held in all of the election precincts of the State for the election of electors of President and Vice-President of the United States. The number of electors to be chosen shall be equal to the number of Senators and Representatives in Congress to which this State may be entitled. Presidential electors shall not be nominated by primary election; instead, they shall be nominated in a State convention of each political party as defined in G.S. 163-96 unless otherwise provided by the plan of organization of the political party; provided, that in the case of a candidate for President of the United States who has qualified to have his name printed on the general election ballot as an unaffiliated candidate under G.S. 163-122, that candidate shall nominate presidential electors. One presidential elector shall be nominated from each congressional district and two from the state-at-large, and in addition, the State convention of each party and the unaffiliated candidate shall each nominate first and second alternate electors who shall serve if their slate is elected as provided by G.S. 163-209 and if there is a vacancy as provided by G.S. 163-210.
(d) If primaries for the State Senate or State House of Representatives are temporarily moved from the date provided in subsection (b) of this section for any election year, all primaries shall be held on the same day.
OFFICE JURISDICTION DATE OF ELECTION TERM OF OFFICE
Governor State Tuesday next after the Four years, from
first Monday in November first day of January
1968 and every four years next after election
thereafter
Lieutenant State Tuesday next after the Four years, from
Governor first Monday in November first day of January
1968 and every four years next after election
thereafter
Secretary of State Tuesday next after the Four years, from
State first Monday in November first day of January
1968 and every four years next after election
thereafter
Auditor State Tuesday next after the Four years, from
first Monday in November first day of January
1968 and every four years next after election
thereafter
Treasurer State Tuesday next after the Four years, from
first Monday in November first day of January
1968 and every four years next after election
thereafter
Superintendent State Tuesday next after the Four years, from
of Public first Monday in November first day of January
Instruction 1968 and every four years next after election
thereafter
Attorney
General State Tuesday next after the Four years, from
first Monday in November first day of January
1968 and every four years next after election
thereafter
Commissioner State Tuesday next after the Four years, from
of Agriculture first Monday in November first day of January
1968 and every four years next after election
thereafter
Commissioner State Tuesday next after the Four years, from
of Labor first Monday in November first day of January
1968 and every four years next after election
thereafter
Commissioner State Tuesday next after the Four years, from
of Insurance first Monday in November first day of January
1968 and every four years next after election
thereafter
All other State State Tuesday next after the Four years, from
officers whose first Monday in November first day of January
terms last for 1968 and every four years next after election
four years thereafter
All other State State Tuesday next after the Two years, from
officers whose first Monday in November first day of January
terms are not 1968 and every two years next after election
specified by law thereafter
State Senator Senatorial Tuesday next after the Two years
district first Monday in November
1968 and every two years
thereafter
Member of Representative Tuesday next after the Two years
State House of district first Monday in November
Representatives 1968 and every two years
thereafter
Justices and State Except as provided in Eight years, from
Judges of the Article 1A of Chapter 7A first day of January
Appellate of the General Statutes, next after election
Division at the regular election
for members of the General
Assembly immediately
preceding the termination
of each regular term
Judges of the Superior At the regular election Eight years, from
superior courts Court District for members of the General first day of January
Assembly immediately after next election
preceding the termination
of each regular term
Judges of the District At the regular election Four years, from the
district courts court for members of the General first day in January
Assembly immediately next after election
preceding the termination
of each regular term
District District At the regular election Four years, from
Attorney Attorney for members of the General first day of January
District Assembly immediately next after election
preceding the termination
of each regular term
Members of Congressional Tuesday next after the Two years
House of district, first Monday in November
Representatives except as 1968 and every two years
of the Congress modified thereafter
of the United by G.S. 163-104
States
United States State At the regular election Six years
Senators immediately preceding the
termination of each
regular term
County County At the regular election Two years, from the
Commissioners for members of the General first Monday in
Assembly immediately December next after
preceding the termination election
of each regular term
Clerk of County At the regular election Four years, from the
superior court for members of the General first Monday in
Assembly immediately December next after
preceding the termination election
of each regular term
Register of County At the regular election Four years, from the
Deeds for members of the General first Monday in
Assembly immediately December next after
preceding the termination election
of each regular term
Sheriff County At the regular election Four years, from the
for members of the General first Monday in
Assembly immediately December next after
preceding the termination election
of each regular term
Coroner County At the regular election Four years, from the
for members of the General first Monday in
Assembly immediately December next after
preceding the termination election
of a regular term
County County Tuesday next after the Two years, from the
treasurer (in first Monday in November first Monday in
counties in 1968 and every two years December next after
which elected) thereafter election
All other County Tuesday next after the Two years, from the
county officers first Monday in November first Monday in
to be elected 1968 and every two years December next after
by the people thereafter election
(Const., art. 4, s. 24; 1901, c. 89, ss. 1-4, 73, 74, 77; Rev., ss. 4293, 4294, 4296-4299; 1915, c. 101, s. 1; 1917, c. 218; C.S., ss. 5914, 5915, 5917-5920, 6018; 1935, c. 362; 1939, c. 196; 1943, c. 134, s. 4; 1947, c. 505, s. 1; 1951, c. 1009, s. 2; 1953, c. 1191, s. 1; 1967, c. 775, s. 1; cc. 1264, 1271; 1969, c. 44, s. 80; 1971, c. 170; 1973, c. 793, s. 93; 1977, c. 265, s. 1; c. 661, s. 1; 1991 (Reg. Sess., 1992), c. 782, s. 1; 1993 (Reg. Sess., 1994), c. 738, s. 2; 1996, 2nd Ex. Sess., c. 9, s. 2; 2003-434, 1st Ex. Sess., s. 6; 2004-127, s. 12; 2005-425, s. 3.2; 2015-66, s. 3; 2017-3, s. 2; 2017-6, s. 3; 2018-21, s. 1; S.L. 2018-146, ss. 3.1(a), (b).)
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 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.
3. Definition for day
The term “day” means calendar day.
4. 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.
5. Definition for Ballot
(Effective until January 1, 2018 or September 1, 2019 – see note) “Ballot” means an instrument on which a voter indicates that voter’s choice for a ballot item so that it may be recorded as a vote for or against a certain candidate or referendum proposal. The term “ballot” may include a paper ballot to be counted by hand, a paper ballot to be counted on an electronic
scanner, the face of a lever voting machine, the image on a direct record electronic unit, or a ballot used on any other voting system.
(Effective January 1, 2018 or September 1, 2019 – see note) “Ballot” means an instrument on which a voter indicates that voter’s choice for a ballot item so that it may be recorded as a vote for or against a certain candidate or referendum proposal, and is evidenced by an individual paper document that bears marks made by the voter by hand or through electronic
means, whether preprinted or printed in the voting enclosure.
6. 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.)
7. 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.
8. 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.
9. 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.
10. 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.
Cases
North Carolina Cases
Out-of-State Cases
Federal Cases
Case Name: Republican Party of North Carolina v. Martin
Citation: 980 F.2d 943
Federal Circuit Court: 4th Circuit Court
Year: 1992
Case PDF: Republican Party of North Carolina v. Martin
Case Summary: Matter challenging the method of election North Carolina Superior Court judges. The action was dismissed as the county board of elections have no constitutional power to independently place candidate(s) on the ballot in elections, nor could the county boards remove candidate(s) as they were merely acting in ministerial capacity and could only carry out its enumerated duties. [Judicial Action] The action challenging a method of electing North Carolina Superior Court judges was dismissed against the county board of elections as the county boards have no power to independently place candidate(s) on an election ballot. Moreover, the county boards could not remove candidates from such ballot, as they merely function in ministerial capacity and could only carry out those duties as detailed by statute.