§ 163-114. Filling vacancies among party nominees occurring after nomination and before election.
§ 163‑114. Fillingvacancies among party nominees occurring after nomination and before election.
If any person nominated as acandidate of a political party for one of the offices listed below (either in aprimary or convention or by virtue of having no opposition in a primary) dies,resigns, or for any reason becomes ineligible or disqualified before the dateof the ensuing general election, the vacancy shall be filled by appointmentaccording to the following instructions:
Position
President Vacancyis to be filled by appointment of
VicePresident nationalexecutive committee of
politicalparty in which vacancy occurs
Presidentialelector or alternate elector Vacancy is to be filled byappointment of
Anyelective State office State executivecommittee of political
UnitedStates Senator party in whichvacancy occurs
Adistrict office, including: Appropriatedistrict executive committee of
Memberof the United States House political party in which vacancyoccurs
ofRepresentatives
DistrictAttorney
StateSenator in a multi‑county
senatorialdistrict
Memberof State House of
Representativesin a multi‑county
representativedistrict
StateSenator in a single‑county County executivecommittee of political
senatorialdistrict party in which vacancyoccurs,
Memberof State House of provided, in the case ofthe State
Representativesin a single‑county Senator or State Representativein a
representativedistrict single‑county districtwhere not all the
Anyelective county office county is locatedin that district, then in
voting,only those members of the
countyexecutive committee who reside
withinthe district shall vote
The party executive making anomination in accordance with the provisions of this section shall certify thename of its nominee to the chairman of the board of elections, State or county,that has jurisdiction over the ballot item under G.S. 163‑182.4. If atthe time a nomination is made under this section the general election ballotshave already been printed, the provisions of G.S.163‑165.3(c) shallapply. If a vacancy occurs in a nomination of a political party and thatvacancy arises from a cause other than death and the vacancy in nominationoccurs more than 120 days before the general election, the vacancy innomination may be filled under this section only if the appropriate executivecommittee certifies the name of the nominee in accordance with this paragraphat least 75 days before the general election.
In a county not all of whichis located in one congressional district, in choosing the congressionaldistrict executive committee member or members from that area of the county,only the county convention delegates or county executive committee members whoreside within the area of the county which is within the congressional districtmay vote.
In a county which is partly ina multi‑county senatorial district or which is partly in a multi‑countyHouse of Representatives district, in choosing that county's member or membersof the senatorial district executive committee or House of Representativesdistrict executive committee for the multi‑county district, only thecounty convention delegates or county executive committee members who residewithin the area of the county which is within that multi‑county districtmay vote.
An individual whose nameappeared on the ballot in a primary election preliminary to the generalelection shall not be eligible to be nominated to fill a vacancy in thenomination of another party for the same office in the same year. (1929, c. 164, s. 19; 1967,c. 775, s. 1; 1973, c. 793, s. 45; 1981 (Reg. Sess., 1982), c. 1265, ss. 4, 5;1987, c. 509, s. 10; c. 526; c. 738, s. 124; 1987 (Reg. Sess., 1988), c. 1037,s. 126.1; 1991, c. 727, s. 8; 1996, 2nd Ex. Sess., c. 9, s. 13; 2001‑353,s. 1; 2001‑403, s. 8; 2001‑460, s. 4; 2003‑142, s. 1; 2006‑234,s. 6.)