GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

SESSION LAW 2018-99

HOUSE BILL 496

AN ACT regarding the placement of candidates on official election ballots.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 163A‑1114 reads as rewritten:

"§ 163A‑1114.  Arrangement of official ballots.

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(c)        Order of Candidates on Primary and Nonpartisan Official Ballots. – The order in which candidates shall appear on a county's official ballots in any (i) primary ballot item, whether the primary is partisan or nonpartisan, and (ii) in any nonpartisan general election ballot item under Article 25 of this Chapter shall be determined by the county board of elections using a process designed by the State Board for random selection. The same random selection process shall be used for all primaries and elections in a calendar year.election ballot item shall be either alphabetical order or reverse alphabetical order by the last name of the candidate, which order shall be determined each election by drawing at the State Board of Elections and Ethics Enforcement after the closing of the filing period for all offices on the ballot.

(d) Order of Party Candidates on General Election Official Ballot. – Candidates in any ballot item on a general election official ballot shall appear in the following order:

(1) Nominees of political parties that reflect at least five percent (5%) of statewide voter registration, according to the most recent statistical report published by the State Board, in alphabetical order by party beginning with the party whose nominee for Governor received the most votes in the most recent gubernatorial election, and in alphabetical order within the party.

(2) Nominees of other political parties, in alphabetical order by party and in alphabetical order within the party.

(3) Unaffiliated candidates, in alphabetical order.

(e) Order of Candidates for Judge of the Court of Appeals on General Election Official Ballot. – Candidates for judge of the Court of Appeals on a general election official ballot shall appear in the following order:

(1) Candidates registered with political parties that reflect at least five percent (5%) of statewide voter registration, according to the most recent statistical report published by the State Board, in alphabetical order by party beginning with the party whose nominee for Governor received the most votes in the most recent gubernatorial election and in alphabetical order within the party.

(2) Candidates registered with other political parties, in alphabetical order by party and in alphabetical order within the party.

(3) Unaffiliated candidates, in alphabetical order.

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SECTION 2.  This act is effective when it becomes law and applies to elections held on or after that date. Notwithstanding G.S. 163A‑1114, as enacted by this act, elections held in 2018 shall be conducted using the random selection process previously determined by the State Board of Elections and Ethics Enforcement for all primaries and elections in 2018. No further drawing shall be conducted for any ballot item for the 2018 election.

In the General Assembly read three times and ratified this the 14^th day of June, 2018.

                                                                    s/  Bill Rabon

                                                                         Presiding Officer of the Senate

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

This bill having been presented to the Governor for signature on the 15^th day of June, 2018 and the Governor having failed to approve it within the time prescribed by law, the same is hereby declared to have become a law. This 26^th day of June, 2018.

                                                                    s/  Karen Jenkins

                                                                         Enrolling Clerk