§ 163-322. Nonpartisan primary election method.
§ 163‑322. Nonpartisan primary election method.
(a) General. Except as provided in G.S. 163‑329, thereshall be a primary to narrow the field of candidates to two candidates for eachposition to be filled if, when the filing period closes, there are more thantwo candidates for a single office or the number of candidates for a group ofoffices exceeds twice the number of positions to be filled. If only one or twocandidates file for a single office, no primary shall be held for that officeand the candidates shall be declared nominated. If the number of candidates fora group of offices does not exceed twice the number of positions to be filled,no primary shall be held for those offices and the candidates shall be declarednominated.
(b) Determination of Nominees. In the primary, the twocandidates for a single office receiving the highest number of votes, and thosecandidates for a group of offices receiving the highest number of votes, equalto twice the number of positions to be filled, shall be declared nominated. Iftwo or more candidates receiving the highest number of votes each receive thesame number of votes, the State Board of Elections shall determine theirrelative ranking by lot, and shall declare the nominees accordingly. Thecanvass of the primary shall be held on the same date as the primary canvassfixed under G.S. 163‑182.5. The canvass shall be conducted in accordancewith Article 15A of this Chapter.
(c) Determination of Election Winners. In the election, thenames of those candidates declared nominated without a primary and thosecandidates nominated in the primary shall be placed on the ballot. Thecandidate for a single office receiving the highest number of votes shall beelected. Those candidates for a group of offices receiving the highest numberof votes, equal in number to the number of positions to be filled, shall beelected. If two candidates receiving the highest number of votes each receivedthe same number of votes, the State Board of Elections shall determine the winnerby lot. (1996, 2nd Ex. Sess., c.9, s. 7; 2003‑278, s. 10(j).)