§ 163-323. Notice of candidacy.
§ 163‑323. Notice ofcandidacy.
(a) Form of Notice. Eachperson offering to be a candidate for election shall do so by filing a noticeof candidacy with the State Board of Elections in the following form, insertingthe words in parentheses when appropriate:
Date ______________________________
I hereby file notice that I ama candidate for election to the office of _______________ in the regularelection to be held __________, __________.
Signed ______________________________
(Nameof Candidate)
Witness: ________________________________________________________________
The notice of candidacy shallbe either signed in the presence of the chairman or secretary of the StateBoard of Elections, or signed and acknowledged before an officer authorized totake acknowledgments who shall certify the notice under seal. An acknowledgedand certified notice may be mailed to the State Board of Elections. In signinga notice of candidacy, the candidate shall use only the candidate's legal nameand, in his discretion, any nickname by which commonly known. A candidate mayalso, in lieu of that candidate's first name and legal middle initial or middlename, if any, sign that candidate's nickname, provided the candidate appends tothe notice of candidacy an affidavit that the candidate has been commonly knownby that nickname for at least five years prior to the date of making theaffidavit. The candidate shall also include with the affidavit the way thecandidate's name (as permitted by law) should be listed on the ballot ifanother candidate with the same last name files a notice of candidacy for thatoffice.
A notice of candidacy signedby an agent or any person other than the candidate himself shall be invalid.
(b) Time for FilingNotice of Candidacy. Candidates seeking election to the following officesshall file their notice of candidacy with the State Board of Elections noearlier than 12:00 noon on the second Monday in February and no later than12:00 noon on the last business day in February preceding the election:
Justices of the Supreme Court.
Judges of the Court ofAppeals.
Judges of the superior courts.
Judges of the district courts.
(c) Withdrawal ofNotice of Candidacy. Any person who has filed a notice of candidacy for anoffice shall have the right to withdraw it at any time prior to the date onwhich the right to file for that office expires under the terms of subsection(b) of this section.
(d) Certificate ThatCandidate Is Registered Voter. Candidates shall file along with their noticea certificate signed by the chairman of the board of elections or the director of elections of the county in which they are registered to vote, stating thatthe person is registered to vote in that county, and if the candidacy is forsuperior court judge and the county contains more than one superior courtdistrict, stating the superior court district of which the person is aresident. In issuing such certificate, the chairman or director shall check theregistration records of the county to verify such information. During theperiod commencing 36 hours immediately preceding the filing deadline, the StateBoard of Elections shall accept, on a conditional basis, the notice ofcandidacy of a candidate who has failed to secure the verification orderedherein subject to receipt of verification no later than three days followingthe filing deadline. The State Board of Elections shall prescribe the form forsuch certificate, and distribute it to each county board of elections no laterthan the last Monday in December of each odd‑numbered year.
(e) Candidacy for MoreThan One Office Prohibited. No person may file a notice of candidacy for morethan one office or group of offices described in subsection (b) of thissection, or for an office or group of offices described in subsection (b) ofthis section and an office described in G.S. 163‑106(c), for any oneelection. If a person has filed a notice of candidacy with a board of electionsunder this section or under G.S. 163‑106(c) for one office or group ofoffices, then a notice of candidacy may not later be filed for any other officeor group of offices under this section when the election is on the same dateunless the notice of candidacy for the first office is withdrawn undersubsection (c) of this section.
(f) Notice ofCandidacy for Certain Offices to Indicate Vacancy. In any election in whichthere are two or more vacancies for the office of justice of the Supreme Court,judge of the Court of Appeals, or district court judge to be filled bynominations, each candidate shall, at the time of filing notice of candidacy,file with the State Board of Elections a written statement designating thevacancy to which the candidate seeks election. Votes cast for a candidate shallbe effective only for election to the vacancy for which the candidate has givennotice of candidacy as provided in this subsection.
A person seeking election fora specialized district judgeship established under G.S. 7A‑147 shall, atthe time of filing notice of candidacy, file with the State Board of Electionsa written statement designating the specialized judgeship to which the personseeks nomination.
(g) No person may filea notice of candidacy for superior court judge unless that person is at thetime of filing the notice of candidacy a resident of the judicial district asit will exist at the time the person would take office if elected. No personmay be nominated as a superior court judge under G.S. 163‑114 unless thatperson is at the time of nomination a resident of the judicial district as itwill exist at the time the person would take office if elected. This subsectionimplements Article IV, Section 9(1) of the North Carolina Constitution whichrequires regular Superior Court Judges to reside in the district for whichelected. (1996,2nd Ex. Sess., c. 9, s. 7; 1998‑217, s. 36(a); 2001‑403, s. 1; 2001‑466,s. 5.1(b); 2002‑158, s. 7; 2002‑159, s. 21(g).)