§ 163-107. Filing fees required of candidates in primary; refunds.
§ 163‑107. Filing fees required of candidatesin primary; refunds.
(a) Fee Schedule. At the time of filing a notice of candidacy,each candidate shall pay to the board of elections with which he files underthe provisions of G.S. 163‑106 a filing fee for the office he seeks inthe amount specified in the following tabulation:
Office Sought Amountof Filing Fee
Governor Onepercent (1%) of the annual salary of the office sought
Lieutenant Governor Onepercent (1%) of the annual salary of the office sought
All State executiveoffices One percent (1%) of the annualsalary of the office sought
All District Attorneys ofthe General One percent (1%) of the annual salary of
Court of Justice theoffice sought
United States Senator Onepercent (1%) of the annual salary of the office sought
Members of the UnitedStates House One percent (1%) of the annual salary of
of Representatives theoffice sought
State Senator Onepercent (1%) of the annual salary of the office sought
Member of the State Houseof One percent (1%) of the annual salary of
Representatives theoffice sought
All county offices notcompensated by fees One percent (1%) of the annual salary of theoffice sought
All county officescompensated partly One percent (1%) of the first annual
by salary andpartly by fees salary to be received(exclusive of fees)
The salary of any office that is the basis for calculating the filingfee is the starting salary for the office, rather than the salary received bythe incumbent, if different. If no starting salary can be determined for theoffice, then the salary used for calculation is the salary of the incumbent, asof January 1 of the election year.
(b) Refund of Fees. If any person who has filed a notice ofcandidacy 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(e),he shall be entitled to have the fee he paid refunded. If the fee was paid tothe State Board of Elections, the chairman of that board shall cause a warrantto be drawn on the Treasurer of the State for the refund payment. If the feewas paid to a county board of elections, the chairman of the Board shallcertify to the county finance officer that the refund should be made, and thecounty finance officer shall make the refund in accordance with the provisionsof the Local Government Budget and Fiscal Control Act. If any person who hasfiled 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 byG.S. 163‑1, the personal representative of the estate shall be entitledto have the fee refunded if application is made to the board of elections towhich the fee was paid no later than one year after the date of death, andrefund shall be made in the same manner as in withdrawal of notice ofcandidacy.
If any person files a notice of candidacy and pays a filing fee to aboard of elections other than that with which he is required to file under theprovisions of G.S. 163‑106(e), he shall be entitled to have the feerefunded in the manner prescribed in this subsection if he requests the refundbefore the date on which the right to file for that office expires under theprovisions of G.S. 163‑106(e). (1915, c. 101, s.4; 1917, c. 218; 1919, cc. 50, 139; C.S., ss. 6023, 6024; 1927, c. 260, s. 20;1933, c. 165, s. 12; 1939, c. 264, s. 2; 1959, c. 1203, s. 5; 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.)