§ 163-294.1. Death of candidates or elected officers.
§ 163‑294.1. Deathof candidates or elected officers.
(a) This section shall apply only to municipal and specialdistrict elections.
(b) If a candidate for political party nomination for officedies, becomes disqualified, or withdraws before the primary but after theballots have been printed, the provisions of G.S. 163‑112 shall govern.
If a candidate for nomination in a nonpartisan municipal primary dies,becomes disqualified, or withdraws before the primary but after the ballotshave been printed, the board of elections shall determine whether or not thereis time to reprint the ballots. If the board determines that there is notenough time to reprint the ballots, the deceased or disqualified candidate'sname shall remain on the ballots. If he receives enough votes for nomination,such votes shall be disregarded and the candidate receiving the next highestnumber of votes below the number necessary for nomination shall be declarednominated. If the death or disqualification of the candidate leaves only twocandidates for each office to be filled, the nonpartisan primary shall not beheld and all candidates shall be declared nominees.
If a nominee for political party nomination dies, becomes disqualified,or withdraws after the primary and before election day, the provisions of G.S.163‑114 shall govern.
If a candidate in a nonpartisan election dies, becomes disqualified, orwithdraws before election day and after the ballots have been printed, theboard of elections shall determine whether there is enough time to reprint theballots. If there is not enough time to reprint the ballots, and should thedeceased or disqualified candidate receive enough votes to be elected, theboard of elections shall declare the office vacant, and it shall be filled asprovided by law.
(c) If a person elected to any city office dies, becomesdisqualified, or resigns on or after election day and before he has qualifiedby taking the oath of office, the office shall be deemed vacant, and shall befilled as provided by law.
(d) A vacancy that occurs in a municipal or special districtelective office shall be filled by the governing body as provided in G.S. 160A‑63.In the case of a special district, the words "city council" as usedin G.S. 160A‑63, shall mean the governing body of the special district. (1971, c. 835, s. 1; 1985, c. 619.)