§ 163-115. Special provisions for obtaining nominations when vacancies occur in certain offices.
§ 163‑115. Specialprovisions for obtaining nominations when vacancies occur in certain offices.
(a) If a vacancy occurs in the office of the clerk of superiorcourt, otherwise than by expiration of the term, or if the people fail toelect, the vacancy shall be filled as provided in Sec. 9(3) of Article IV ofthe North Carolina Constitution. If the vacancy occurs after the time forfiling notice of candidacy in the primary has expired in a year when a regularelection is not being held to elect a clerk of the superior court by expirationof term, then the county executive committee of each political party shallnominate a candidate whose name shall appear on the general election ballot.The candidate elected in the general election shall serve the unexpiredportion of the term of the person causing the vacancy.
(b) In the event a special election is called to fill a vacancyin the State's delegation in the United States House of Representatives, the provisions of G.S. 163‑13 shall apply.
(c) If a vacancy occurs in an elective State or district office(other than member of the United States House of Representatives) during theperiod opening 10 days before the filing period for the office ends and closing30 days before the ensuing general election, a nomination shall be made by theproper executive committee of each political party as provided in G.S. 163‑114,and the names of the nominees shall be printed on the general election ballots.
(d) If a vacancy occurs on a county board of commissioners andG.S. 153A‑27 or G.S. 153A‑27.1 requires that a person shall beelected to the seat vacated for the remainder of the unexpired term, and thevacancy occurs:
(1) Beginning on the tenth day before the filing period endsunder G.S. 163‑106(c), a nomination shall be made by the county executivecommittee of each political party and the names of the nominees shall beprinted on the general election ballots.
(2) Prior to the tenth day before the filing period ends underG.S. 163‑106(c), nominations shall be made by primary election asprovided by this Article.
(e) If a vacancy occurs in the office of United States Senator,and the vacancy occurs:
(1) Beginning on the tenth day before the filing period endsunder G.S. 163‑106(c), a nomination shall be made by the State executivecommittee of each political party and the names of the nominees shall beprinted on the general election ballots.
(2) Prior to the tenth day before the filing period ends underG.S. 163‑106(c), nominations shall be made by primary election as providedby this Article. (1915, c. 101, s.33; 1917, c. 179, s. 3; c. 218; C.S., s. 6053; 1923, c. 111, s. 16; 1955, c.574; 1957, c. 1242; 1966, Ex. Sess., c. 5, s. 14; 1967, c. 775, s. 1; 1973, c.793, s. 46; 1985, c. 563, ss. 7, 7.1; c. 759, s. 1; 1997‑456, s. 27.)