2005 North Carolina Code - General Statutes § 163-329. Elections to fill vacancy created after primary filing period to use plurality method.

§ 163‑329.  Elections to fill vacancy created after primary filing period to use plurality method.

(a)       General. – If a vacancy is created in the office of justice of the Supreme Court, judge of the Court of Appeals, or judge of superior court after the filing period for the primary opens but more than 60 days before the general election, and under the Constitution 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 in G.S. 163‑9, the election to fill the office for the remainder of the term shall be conducted without a primary using the plurality method as provided in subsection (b) of this section. If a vacancy is created in the office of justice of the Supreme Court, judge of the Court of Appeals, or judge of superior court before the filing period for the primary opens, and under the Constitution 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 in G.S. 163‑9, the election to fill the office for the remainder of the term shall be conducted in accordance with G.S. 163‑322.

(b)       Plurality Election Rules. – Elections under this section shall be conducted using the following rules:

(1)       The filing period shall be prescribed by the State Board of Elections, but in no event may it be less than five working days. If a vacancy occurs in a second office in the same superior court district after the first filing period established under the section has closed, the State Board of Elections shall reopen filing for a period of not less than five working days for the office of justice of the Supreme Court, judge of the Court of Appeals, or superior court judge. All persons filing in either filing period shall run as a group and the election results shall be determined by subdivision (3) of this subsection.

(2)       When more than one person is seeking election to a single office, the candidate who receives the highest number of votes shall be declared elected.

(3)       When more persons are seeking election to two or more offices (constituting a group) than there are offices to be filled, those candidates receiving the highest number of votes, equal in number to the number of offices to be filled, shall be declared elected.

(4)       If two or more candidates receiving the highest number of votes each receive the same number of votes, the board of elections shall resolve the tie in accordance with G.S. 163‑182.8.

(5)       Except as provided in this section, the provisions of this Article apply to elections conducted under this section. (1996, 2nd Ex. Sess., c. 9, s. 7; 2001‑403, s. 12.1; 2002‑158, s. 7.)