§ 163-279. Time of municipal primaries and elections.
Overview of Statute
The statute prescribes the timing for partisan and non partisan primaries and elections for offices filled by election of the people in cities, towns, incorporated villages, and special districts. The elections occur ever two to four years with a starting year of 1973.
Statute
(a) Primaries and elections for offices filled by election of the people in cities, towns, incorporated villages, and special districts shall be held in 1973 and every two or four years thereafter as provided by municipal charter on the following days:
(1) If the election is nonpartisan and decided by simple plurality, the election shall be held on Tuesday after the first Monday in November.
(2) If the election is partisan, the election shall be held on Tuesday after the first Monday in November, the first primary shall be held on the second Tuesday after Labor Day, and the second primary, if required, shall be held on the fourth Tuesday before the election.
(3) If the election is nonpartisan and the nonpartisan primary method of election is used, the election shall be held on Tuesday after the first Monday in November and the nonpartisan primary shall be held on the fourth Tuesday before the election.
(4) If the election is nonpartisan and the election and runoff election method of election is used, the election shall be held on the fourth Tuesday before the Tuesday after the first Monday in November, and the runoff election, if required, shall be held on Tuesday after the first Monday in November.
(b) Officers of sanitary districts elected in 1970 shall hold office until the first Monday in December, 1973, notwithstanding G.S. 130-126. Beginning in 1973, sanitary district elections shall be held at the times provided in this section or in G.S. 130A-50(b1).
(1971, c. 835, s. 1; 1973, c. 1115; 1987, c. 22, s. 2; 2006-192, s. 3; 2011-141, s. 1(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
1. Definition for day
The term “day” means calendar day.
2. 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.)
3. 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.
4. 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.
Cases
North Carolina Cases
Out-of-State Cases
Federal Cases
Case Name: McDowell v. Edmisten
Citation: 523 F. Supp. 416
Federal District Court: Eastern District of North Carolina
Year: 1981
Case PDF: McDowell v. Edmisten
Case Summary: Temporary denial by county board of elections of annexed subdivision residents' right to vote in city election and right to file for public office was justified since there existed a dispute between the United States Justice Department and the city concerning annexation of those subdivisions, and thus injunctive relief would not be granted under statute prohibiting the deprivation of civil rights by state action.