§ 163-112. Death of candidate before primary; vacancy in single office.
§ 163‑112. Death ofcandidate before primary; vacancy in single office.
(a) Death of One of TwoCandidates within 30 Days after the Filing Period Closes. If at the time thefiling period closes, only two persons have filed notice of candidacy fornomination by a political party to a single office, and one of the candidatesdies within 30 days after the filing period closes, then the proper board ofelections shall, upon notice of the death, reopen the filing period for thatparty contest, for an additional three days. Should no candidate file duringthe three days, the board of elections shall certify the remaining candidate asthe nominee of his party as provided in G.S. 163‑110.
(b) Death of One ofMore Than Two Candidates within 30 Days after the Filing Period Closes. If atthe close of the filing period more than two candidates have filed for a single‑seatoffice, and within 30 days after the filing period closes the board ofelections receives notice of a candidate's death, the board shall immediatelyopen the filing period for that party contest, for three additional days inorder for candidates to file for that office. The name of the deceasedcandidate shall not be printed on the ballot.
In the event a candidate'sdeath occurs more than 30 days after the closing of the original filing period,the names of the remaining candidates shall be printed on the ballot. If theballots have been printed at the time death occurs, the ballots shall not bereprinted and any votes cast for a deceased candidate shall not be counted orconsidered for any purpose. In the event the death of a candidate or candidatesleaves only one candidate, then such candidate shall be certified as theparty's nominee for that office.
(c) Vacancy in GroupOffices within 30 Days after the Filing Period Closes. If at the time thefiling period closes more persons have filed notice of candidacy for nominationby a political party to an office constituting a group than there are positionsto be filled, and a candidate or candidates die within 30 days after the filingperiod closes, and there remains only the number of candidates equal to orfewer than the number of positions to be filled, the appropriate board ofelections shall reopen the filing period for that party contest, for three daysfor that office. Should no persons file during the three‑day period, thenthose candidates already filed shall be certified as the party nominees forthat office.
(d) Vacancy in GroupOffices More Than 30 Days after the Filing Period Closes. In the event acandidate or candidates death occurs more than 30 days after the originalfiling period closes for an office constituting a group, then regardless of thenumber of candidates filed for nomination, the board of elections shall begoverned as follows:
(1) If the ballots havenot been printed at the time the board of elections receives notice of thedeath, the deceased candidate's name shall not be printed on the ballot.
(2) If the ballots havebeen printed at the time the board of elections receives notice of the death,the ballots shall not be reprinted but votes cast for the deceased candidateshall not be counted for any purpose.
(3) In the event thedeath of a candidate or candidates results in the number of candidates beingequal to or less than the number of positions to be filled for that office,then the remaining candidates shall be certified as the party nominees for thatoffice and no primary shall be held for that office.
(4) If death ordisqualification of candidates results in the number of candidates being lessthan the number of positions to be filled for that office, then the appropriateparty executive committee shall, in accordance with G.S. 163‑114, makenominations of persons equal to the number of positions to be filled and no primaryshall be held and those names shall be printed on the general election ballot.(1959, c. 1054; 1967, c. 775,s. 1; 1981, c. 434; 1993, c. 553, s. 60; 2001‑466, s. 1(f); 2003‑278,s. 4; 2003‑434, 1st Ex. Sess., s. 5(e); 2004‑127, s. 13.)