§ 163-96. "Political party" defined; creation of new party.
SUBCHAPTER IV. POLITICALPARTIES.
Article 9.
Political PartyDefinition.
§ 163‑96. "Political party" defined; creation of new party.
(a) Definition. Apolitical party within the meaning of the election laws of this State shall beeither:
(1) Any group of voterswhich, at the last preceding general State election, polled for its candidatefor Governor, or for presidential electors, at least two percent (2%) of theentire vote cast in the State for Governor or for presidential electors; or
(2) Any group of voterswhich shall have filed with the State Board of Elections petitions for theformulation of a new political party which are signed by registered andqualified voters in this State equal in number to two percent (2%) of the totalnumber of voters who voted in the most recent general election for Governor.Also the petition must be signed by at least 200 registered voters from each offour congressional districts in North Carolina. To be effective, thepetitioners must file their petitions with the State Board of Elections before12:00 noon on the first day of June preceding the day on which is to be heldthe first general State election in which the new political party desires toparticipate. The State Board of Elections shall forthwith determine the sufficiencyof petitions filed with it and shall immediately communicate its determinationto the State chairman of the proposed new political party.
(b) Petitions for NewPolitical Party. Petitions for the creation of a new political party shallcontain on the heading of each page of the petition in bold print or all incapital letters the words: "THE UNDERSIGNED REGISTERED VOTERS IN ____COUNTY HEREBY PETITION FOR THE FORMATION OF A NEW POLITICAL PARTY TO BE NAMED____ AND WHOSE STATE CHAIRMAN IS ______, RESIDING AT ______ AND WHO CAN BEREACHED BY TELEPHONE AT ____."
All printing required to appearon the heading of the petition shall be in type no smaller than 10 point or inall capital letters, double spaced typewriter size. In addition to the form ofthe petition, the organizers and petition circulators shall inform the signersof the general purpose and intent of the new party.
The petitions must specify thename selected for the proposed political party. The State Board of Electionsshall reject petitions for the formation of a new party if the name chosencontains any word that appears in the name of any existing political partyrecognized in this State or if, in the Board's opinion, the name is so similarto that of an existing political party recognized in this State as to confuseor mislead the voters at an election.
The petitions must state thename and address of the State chairman of the proposed new political party.
(b1) Each petition shallbe presented to the chairman of the board of elections of the county in whichthe signatures were obtained, and it shall be the chairman's duty:
(1) To examine thesignatures on the petition and place a check mark on the petition by the nameof each signer who is qualified and registered to vote in his county.
(2) To attach to thepetition his signed certificate
a. Stating that thesignatures on the petition have been checked against the registration recordsand
b. Indicating thenumber found qualified and registered to vote in his county.
(3) To return each petition,together with the certificate required by the preceding subdivision, to theperson who presented it to him for checking.
The group of petitioners shallsubmit the petitions to the chairman of the county board of elections in thecounty in which the signatures were obtained no later than 5:00 P.M. on thefifteenth day preceding the date the petitions are due to be filed with theState Board of Elections as provided in subsection (a)(2) of this section.Provided the petitions are timely submitted, the chairman of the county boardof elections shall proceed to examine and verify the signatures under theprovisions of this subsection. Verification shall be completed within two weeksfrom the date such petitions are presented.
(c) Repealed by SessionLaws 1983, c. 576, s. 3. (1901, c. 89, s. 85; Rev., s. 4292; 1915, c. 101, s.31; 1917, c. 218; C.S., ss. 5913, 6052; 1933, c. 165, ss. 1, 17; 1949, c. 671,ss. 1, 2; 1967, c. 775, s. 1; 1975, c. 179; 1979, c. 411, s. 3; 1981, c. 219,ss. 1‑3; 1983, c. 576, ss. 1‑3; 1997‑456, s. 27; 1999‑424,s. 5(a); 2004‑127, s. 14; 2006‑234, s. 1.)