{"data":{"id":"us-nc/n.c.-gen.-stat.-163-114","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 163-114","heading":"Filling vacancies among party nominees occurring after nomination and before election.","body":"(a)\tIf any person nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general election, the vacancy shall be filled by appointment according to the following instructions:\nPosition\nPresident\tVacancy is to be filled by\nVice President\tappointment of national\nexecutive committee of\npolitical party in which\nvacancy occurs\nPresidential elector or\tVacancy is to be filled by ap-\nalternate elector\tpointment of State execu-\nAny elective State office\ttive committee of political\nUnited States Senator\tparty in which vacancy occurs\nA district office, including:\tAppropriate district executive\nMember of the United\tcommittee of political\nStates House of Repre-\tparty in which vacancy occurs\nsentatives\nJudge of district court\nDistrict Attorney\nState Senator in a multi-\ncounty senatorial district\nMember of State House of\nRepresentatives in a\nmulti-county representative district\nState Senator in a single-\tCounty executive committee\ncounty senatorial district\tof political party in which\nMember of State House of\tvacancy occurs, provided, in\nRepresentatives in a\tthe case of the State Senator\nsingle-county represen-\tor State Representative in a\ntative district\tsingle-county district where\nAny elective county office\tnot all the county is located\nin that district, then in\nvoting, only those members of\nthe county executive committee\nwho reside within the district\nshall vote\nJudge of superior court in a\tCounty executive committee of\nsingle-county judicial\tpolitical party in which vacancy\ndistrict where the district is\toccurs; provided, in the case of a\nthe whole county or part of the\tsuperior court judge in a single-\ncounty\tcounty district where not all\nthe county is located in that\ndistrict, then in voting, only\nthose members of the county\nexecutive committee who\nreside within the district shall\nvote\nJudge of superior court in a\tAppropriate district executive\nmulticounty judicial\tcommittee of political party in\ndistrict\twhich vacancy occurs.\nThe party executive making a nomination in accordance with the provisions of this section shall certify the name 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 at the time a nomination is made under this section the general election ballots have already been printed, the provisions of G.S. 163-165.3(c) shall apply. If a vacancy occurs in a nomination of a political party and that vacancy arises from a cause other than death and the vacancy in nomination occurs more than 120 days before the general election, the vacancy in nomination may be filled under this section only if the appropriate executive committee certifies the name of the nominee in accordance with this paragraph at least 75 days before the general election.\n(b)\tIn a county which is partly in a multicounty judicial district, in choosing that county's member or members of the judicial district executive committee for the multicounty district, only the county convention delegates or county executive committee members who reside within the area of the county which is within that multicounty district may vote.\n(c)\tIn a county not all of which is located in one congressional district, in choosing the congressional district executive committee member or members from that area of the county, only the county convention delegates or county executive committee members who reside within the area of the county which is within the congressional district may vote.\n(d)\tIn a county which is partly in a multi-county senatorial district or which is partly in a multi-county House of Representatives district, in choosing that county's member or members of the senatorial district executive committee or House of Representatives district executive committee for the multi-county district, only the county convention delegates or county executive committee members who reside within the area of the county which is within that multi-county district may vote.\n(e)\tAn individual whose name appeared on the ballot in a primary election preliminary to the general election shall not be eligible to be nominated to fill a vacancy in the nomination 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; 2017-3, s. 9; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)","path":["Chapter 163. Elections and Election Laws.","SUBCHAPTER V. NOMINATION OF CANDIDATES.","Article 10. Primary Elections."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_163/GS_163-114.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:26:22Z","sha256":"bbb3e9828aa330c1c6f1fc6c1b065074cc1c535455b70c651309a21b38c8751a","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-163-113","next":"us-nc/n.c.-gen.-stat.-163-115"},"notice":"GroundRules: Original legal text. Not legal advice."}