§ 163-329. Elections to fill vacancy in office created after primary filing period opens.
§ 163‑329. Elections tofill vacancy in office created after primary filing period opens.
(a) General. If avacancy is created in the office of justice of the Supreme Court, judge of theCourt of Appeals, or judge of superior court after the filing period for theprimary opens but more than 60 days before the general election, and under theConstitution of North Carolina an election is to be held for that position,such that the office shall be filled in the general election as provided inG.S. 163‑9, the election to fill the office for the remainder of the termshall be conducted without a primary using the method provided in subsection(b1) of this section. If a vacancy is created in the office of justice of theSupreme Court, judge of the Court of Appeals, or judge of superior court beforethe filing period for the primary opens, and under the Constitution of NorthCarolina an election is to be held for that position, such that the officeshall be filled in the general election as provided in G.S. 163‑9, theelection to fill the office for the remainder of the term shall be conducted inaccordance with G.S. 163‑322.
(b) Repealed by SessionLaws 2006‑192, s. 8(a), effective August 3, 2006, and applicable tovacancies occurring on or after that date.
(b1) Method for VacancyElection. If a vacancy for the office of justice of the Supreme Court, judgeof the Court of Appeals, or judge of the superior court occurs more than 60days before the general election and after the opening of the filing period forthe primary, then the State Board of Elections shall designate a special filingperiod of one week for candidates for the office. If more than two candidatesfile and qualify for the office in accordance with G.S. 163‑323, then theBoard shall conduct the election for the office as follows:
(1) When the vacancydescribed in this section occurs more than 63 days before the date of thesecond primary for members of the General Assembly, a special primary shall beheld on the same day as the second primary. The two candidates with the mostvotes in the special primary shall have their names placed on the ballot forthe general election held on the same day as the general election for membersof the General Assembly.
(2) When the vacancydescribed in this section occurs less than 64 days before the date of thesecond primary, a general election for all the candidates shall be held on thesame day as the general election for members of the General Assembly and the"instant runoff voting" method shall be used to determine the winner.Under "instant runoff voting," voters rank up to three of thecandidates by order of preference, first, second, or third. If the candidatewith the greatest number of first‑choice votes receives more than fiftypercent (50%) of the first‑choice votes, that candidate wins. If nocandidate receives that minimum number, the two candidates with the greatestnumber of first‑choice votes advance to a second round of counting. Inthis round, each ballot counts as a vote for whichever of the two finalcandidates is ranked highest by the voter. The candidate with the most votes inthe second round wins the election. If more than one seat is to be filled inthe same race, the voter votes the same way as if one seat were to be filled.The counting is the same as when one seat is to be filled, with one or tworounds as needed, except that counting is done separately for each seat to befilled. The first count results in the first winner. Then the second countproceeds without the name of the first winner. This process results in thesecond winner. For each additional seat to be filled, an additional count isdone without the names of the candidates who have already won. In multi‑seatcontests, the State Board of Elections may give the voter more than threechoices.
(3) If two or morecandidates receiving the highest number of votes each receive the same numberof votes, the board of elections shall resolve the tie in accordance with G.S.163‑182.8.
(c) ApplicableProvisions. Except as provided in this section, the provisions of thisArticle apply to elections conducted under this section.
(d) Rules. The StateBoard of Elections shall adopt rules for the implementation of this section.The rules are not subject to Article 2A of Chapter 150B of the GeneralStatutes. The rules shall include the following:
(1) If after the first‑choicecandidate is eliminated, a ballot does not indicate one of the uneliminatedcandidates as an alternative choice, the ballot is exhausted and shall not becounted after the initial round.
(2) The fact that thevoter does not designate a second or third choice does not invalidate thevoter's higher choice or choices.
(3) The fact that thevoter gives more than one ranking to the same candidate shall not invalidatethe vote. The highest ranking given a particular candidate shall count as longas the candidate is not eliminated.
(4) In case of a tiebetween candidates such that two or more candidates have an equal number offirst choices and more than two candidates qualify for the second round,instant runoff voting shall be used to determine which two candidates shalladvance to the second round. (1996, 2nd Ex. Sess., c. 9, s. 7; 2001‑403, s.12.1; 2002‑158, s. 7; 2006‑192, s. 8(a).)