§ 163-293. Determination of election results in cities using the election and runoff election method.
§ 163‑293. Determination of election results incities using the election and runoff election method.
(a) Except as otherwise provided in this section, nonpartisanmunicipal elections in cities using the election and runoff election methodshall be determined by a majority of the votes cast. A majority within themeaning of this section shall be determined as follows:
(1) When more than one person is seeking election to a singleoffice, the majority shall be ascertained by dividing the total vote cast for allcandidates by two. Any excess of the sum so ascertained shall be a majority,and the candidate who obtains a majority shall be declared elected.
(2) When more persons are seeking election to two or moreoffices (constituting a group) than there are offices to be filled, themajority shall be ascertained by dividing the total vote cast for allcandidates by the number of offices to be filled, and by dividing the result bytwo. Any excess of the sum so ascertained shall be a majority, and thecandidates who obtain a majority shall be declared elected. If more candidatesobtain a majority than there are offices to be filled, those having the highestvote (equal to the number of offices to be filled) shall be declared elected.
(b) If no candidate for a single office receives a majority ofthe votes cast, or if an insufficient number of candidates receives a majorityof the votes cast for a group of offices, a runoff election shall be held asherein provided:
(1) If no candidate for a single office receives a majority ofthe votes cast, the candidate receiving the highest number of votes shall bedeclared elected unless the candidate receiving the second highest number ofvotes requests a runoff election in accordance with subsection (c) of thissection. In the runoff election only the names of the two candidates whoreceived the highest and next highest number of votes shall be printed on theballot.
(2) If candidates for two or more offices (constituting a group)are to be selected and aspirants for some or all of the positions within thegroup do not receive a majority of the votes, those candidates equal in numberto the positions remaining to be filled and having the highest number of votesshall be declared elected unless some one or all of the candidates equal innumber to the positions remaining to be filled and having the second highestnumber of votes shall request a runoff election in accordance with subsection(c) of this section. In the runoff election to elect candidates for thepositions in the group remaining to be filled, the names of all thosecandidates receiving the highest number of votes and demanding a runoffelection shall be printed on the ballot.
(c) The canvass of the first election shall be held on theseventh day after the election. A candidate entitled to a runoff election maydo so by filing a written request for a runoff election with the board ofelections no later than 12:00 noon on the Thursday after the result of thefirst election has been officially declared. In accepting the filing ofcomplaints concerning the conduct of an election, a board of elections shall besubject to the rules concerning Sundays and holidays set forth in G.S. 103‑5.
(d) Tie votes; how determined:
(1) If there is a tie for the highest number of votes in a firstelection, the board of elections shall conduct a recount and declare theresults. If the recount shows a tie vote, a runoff election between the twoshall be held unless one of the candidates, within three days after the resultof the recount has been officially declared, files a written notice ofwithdrawal with the board of elections. Should that be done, the remainingcandidate shall be declared elected.
(2) If one candidate receives the highest number of votes castin a first election, but short of a majority, and there is a tie between two ormore of the other candidates receiving the second highest number of votes, theboard of elections shall declare the candidate having the highest number ofvotes to be elected, unless all but one of the tied candidates give writtennotice of withdrawal to the board of elections within three days after theresult of the first election has been officially declared. If all but one ofthe tied candidates withdraw within the prescribed three‑day period, andthe remaining candidate demands a runoff election in accordance with subsection(c) of this section, a runoff election shall be held between the candidate whoreceived the highest vote and the remaining candidate who received the secondhighest vote.
(e) Runoff elections shall be held on the date fixed in G.S. 163‑279(a)(4).Persons whose registrations become valid between the date of the first electionand the runoff election shall be entitled to vote in the runoff election, butin all other respects the runoff election shall be held under the laws, rules,and regulations provided for the first election.
(f) A second runoff election shall not be held. The candidatesreceiving the highest number of votes in a runoff election shall be elected. Ifin a runoff election there is a tie for the highest number of votes between twocandidates, the board of elections shall determine the winner by lot. (1971, c. 835, s. 1; 1973, c. 793, s. 90; 1995 (Reg. Sess., 1996), c.553, s. 3; 2003‑278, s. 10(g).)