§ 163-291. Partisan primaries and elections.
Article 24.
Conduct of MunicipalElections.
§ 163‑291. Partisanprimaries and elections.
The nomination of candidatesfor office in cities, towns, villages, and special districts whose electionsare conducted on a partisan basis shall be governed by the provisions of thisChapter applicable to the nomination of county officers, and the terms"county board of elections," "chairman of the county board ofelections," "county officers," and similar terms shall beconstrued with respect to municipal elections to mean the appropriate municipalofficers and candidates, except that:
(1) The dates of primaryand election shall be as provided in G.S. 163‑279.
(2) A candidate seekingparty nomination for municipal or district office shall file notice ofcandidacy with the board of elections no earlier than 12:00 noon on the firstFriday in July and no later than 12:00 noon on the third Friday in Julypreceding the election, except:
a. In the yearfollowing a federal decennial census, a candidate seeking party nomination formunicipal or district office in any city which elects members of its governingboard on a district basis, or requires that candidates reside in a district inorder to run, shall file his notice of candidacy with the board of elections noearlier than 12:00 noon on the fourth Monday in July and no later than 12:00noon on the second Friday in August preceding the election; and
b. In the second yearfollowing a federal decennial census, if the election is held then under G.S.160A‑23.1, a candidate seeking party nomination for municipal or districtoffice shall file his notice of candidacy with the board of elections at thesame time as notices of candidacy for county officers are required to be filedunder G.S. 163‑106.
Noperson may file a notice of candidacy for more than one municipal office at thesame election. If a person has filed a notice of candidacy for one office withthe county board of elections under this section, then a notice of candidacymay not later be filed for any other municipal office for that election unlessthe notice of candidacy for the first office is withdrawn first.
(3) The filing fee formunicipal and district primaries shall be fixed by the governing board notlater than the day before candidates are permitted to begin filing notices ofcandidacy. There shall be a minimum filing fee of five dollars ($5.00). Thegoverning board shall have the authority to set the filing fee at not less thanfive dollars ($5.00) nor more than one percent (1%) of the annual salary of theoffice sought unless one percent (1%) of the annual salary of the office soughtis less than five dollars ($5.00), in which case the minimum filing fee of fivedollars ($5.00) will be charged. The fee shall be paid to the board ofelections at the time notice of candidacy is filed.
(4) The municipal ballotmay not be combined with any other ballot.
(5) The canvass of theprimary and second primary shall be held on the seventh day following theprimary or second primary. In accepting the filing of complaints concerning theconduct of an election, a board of elections shall be subject to the rulesconcerning Sundays and holidays set forth in G.S. 103‑5.
(6) Candidates havingthe right to demand a second primary shall do so not later than 12:00 noon onthe Thursday following the canvass of the first primary. (1971, c. 835, s. 1; 1973,c. 870, s. 1; 1975, c. 370, s. 2; 1983, c. 330, s. 2; 1985, c. 599, ss. 2, 3;1989 (Reg. Sess., 1990), c. 1012, s. 3; 1995 (Reg. Sess., 1996), c. 553, s. 2;1999‑227, s. 5; 2003‑278, s. 10(e), (f); 2006‑192, s. 4; 2009‑414,s. 2.)