§ 163-328. Failure of candidates to file; death or other disqualification of a candidate; no withdrawal from candidacy.
§ 163‑328. Failure ofcandidates to file; death or other disqualification of a candidate; nowithdrawal from candidacy.
(a) Insufficient Numberof Candidates. If when the filing period expires, candidates have not filedfor an office to be filled under this Article, the State Board of Electionsshall extend the filing period for five days for any such offices.
(a1) Death orDisqualification of Candidate Before Primary. If a candidate for nominationin a primary dies or becomes disqualified before the primary but after theballots have been printed, the State Board of Elections shall determine whetheror not there is time to reprint the ballots. If the Board determines that thereis not enough time to reprint the ballots, the deceased or disqualified candidate'sname shall remain on the ballots. If that candidate receives enough votes fornomination, such votes shall be disregarded and the candidate receiving thenext highest number of votes below the number necessary for nomination shall bedeclared nominated. If the death or disqualification of the candidate leavesonly two candidates for each office to be filled, the nonpartisan primary shallnot be held and all candidates shall be declared nominees.
(b) Earlier Non‑PrimaryVacancies; Reopening Filing. If there is no primary because only one or twocandidates have filed for a single office, or the number of candidates filedfor a group of offices does not exceed twice the number of positions to befilled, or if a primary has occurred and eliminated candidates, and thereaftera remaining candidate dies or otherwise becomes disqualified before theelection and before the ballots are printed, the State Board of Electionsshall, upon notification of the death or other disqualification, immediatelyreopen the filing period for an additional five days during which timeadditional candidates shall be permitted to file for election. If the ballotshave been printed at the time the State Board of Elections receives notice ofthe candidate's death or other disqualification, the Board shall determinewhether there will be sufficient time to reprint them before the election ifthe filing period is reopened for three days. If the Board determines thatthere will be sufficient time to reprint the ballots, it shall reopen thefiling period for three days to allow other candidates to file for election,and that election shall be conducted as provided in G.S. 163‑329(b1).
(c) Later Vacancies;Ballots Not Reprinted. If the ballots have been printed at the time the StateBoard of Elections receives notice of a candidate's death or otherdisqualification, and if the Board determines that there is not enough time toreprint the ballots before the election if the filing period is reopened forthree days, then regardless of the number of candidates remaining for theoffice or group of offices, the ballots shall not be reprinted and the name ofthe vacated candidate shall remain on the ballots. If a vacated candidateshould poll the highest number of votes in the election for a single office orenough votes to be elected to one of a group of offices, the State Board ofElections shall declare the office vacant and it shall be filled in the mannerprovided by law.
(d) No WithdrawalPermitted of Living, Qualified Candidate After Close of Filing. After theclose of the candidate filing period, a candidate who has filed a notice ofcandidacy for the office, who has not withdrawn notice before the close offiling as permitted by G.S. 163‑323(b), who remains alive, and has notbecome disqualified for the office may not withdraw his or her candidacy. Thatcandidate's name shall remain on the ballot, any votes cast for the candidacyshall be counted in primary or election, and if the candidate wins, thecandidate may fail to qualify by refusing to take the oath of office.
(e) Death,Disqualification, or Failure to Qualify After Election. If a person electedto the office of justice of the Supreme Court, judge of the Court of Appeals,or superior or district court judge dies or becomes disqualified on or afterelection day and before he has qualified by taking the oath of office, or failsto qualify by refusing to take the oath of office, the office shall be deemedvacant and shall be filled as provided by law. (1996, 2nd Ex. Sess., c. 9, s. 7; 1999‑424, s.4(b); 2006‑192, s. 9(b).)