§ 163-114. Filling vacancies among party nominees occurring after nomination and before election.

§ 163‑114.  Fillingvacancies among party nominees occurring after nomination and before election.

If any person nominated as acandidate of a political party for one of the offices listed below (either in aprimary or convention or by virtue of having no opposition in a primary) dies,resigns, or for any reason becomes ineligible or disqualified before the dateof the ensuing general election, the vacancy shall be filled by appointmentaccording to the following instructions:

Position

President                                                          Vacancyis to be filled by appointment of

VicePresident                                                        nationalexecutive committee of

                                                                              politicalparty in which vacancy occurs

Presidentialelector or alternate elector              Vacancy is to be filled byappointment of

Anyelective State office                                          State executivecommittee of political

UnitedStates Senator                                             party in whichvacancy occurs

Adistrict office, including:                                 Appropriatedistrict executive committee of

     Memberof the United States House                   political party in which vacancyoccurs

          ofRepresentatives

     DistrictAttorney

     StateSenator in a multi‑county

          senatorialdistrict

     Memberof State House of

          Representativesin a multi‑county

          representativedistrict

StateSenator in a single‑county                        County executivecommittee of political

     senatorialdistrict                                                party in which vacancyoccurs,

Memberof State House of                                      provided, in the case ofthe State

     Representativesin a single‑county                       Senator or State Representativein a

     representativedistrict                                         single‑county districtwhere not all the

Anyelective county office                                        county is locatedin that district, then in

                                                                              voting,only those members of the

                                                                              countyexecutive committee who reside

                                                                              withinthe district shall vote

The party executive making anomination in accordance with the provisions of this section shall certify thename of its nominee to the chairman of the board of elections, State or county,that has jurisdiction over the ballot item under G.S. 163‑182.4. If atthe time a nomination is made under this section the general election ballotshave already been printed, the provisions of G.S.163‑165.3(c) shallapply. If a vacancy occurs in a nomination of a political party and thatvacancy arises from a cause other than death and the vacancy in nominationoccurs more than 120 days before the general election, the vacancy innomination may be filled under this section only if the appropriate executivecommittee certifies the name of the nominee in accordance with this paragraphat least 75 days before the general election.

In a county not all of whichis located in one congressional district, in choosing the congressionaldistrict executive committee member or members from that area of the county,only the county convention delegates or county executive committee members whoreside within the area of the county which is within the congressional districtmay vote.

In a county which is partly ina multi‑county senatorial district or which is partly in a multi‑countyHouse of Representatives district, in choosing that county's member or membersof the senatorial district executive committee or House of Representativesdistrict executive committee for the multi‑county district, only thecounty convention delegates or county executive committee members who residewithin the area of the county which is within that multi‑county districtmay vote.

An individual whose nameappeared on the ballot in a primary election preliminary to the generalelection shall not be eligible to be nominated to fill a vacancy in thenomination of another party for the same office in the same year. (1929, c. 164, s. 19; 1967,c. 775, s. 1; 1973, c. 793, s. 45; 1981 (Reg. Sess., 1982), c. 1265, ss. 4, 5;1987, c. 509, s. 10; c. 526; c. 738, s. 124; 1987 (Reg. Sess., 1988), c. 1037,s. 126.1; 1991, c. 727, s. 8; 1996, 2nd Ex. Sess., c. 9, s. 13; 2001‑353,s. 1; 2001‑403, s. 8; 2001‑460, s. 4; 2003‑142, s. 1; 2006‑234,s. 6.)