2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 10 - Primary Elections. › § 163-114 - Filling vacancies among party nominees occurring after nomination and before election.

§ 163-114. Filling vacancies among party nominees occurring after nomination and before election.
(a) If 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:
Position
President Vacancy is to be filled by
Vice President appointment of national
executive committee of
political party in which
vacancy occurs
Presidential elector or Vacancy is to be filled by ap-
alternate elector pointment of State execu-
Any elective State office tive committee of political
United States Senator party in which vacancy occurs
A district office, including: Appropriate district executive
Member of the United committee of political
States House of Repre- party in which vacancy occurs
sentatives
Judge of district court
District Attorney
State Senator in a multi-
county senatorial district
Member of State House of
Representatives in a
multi-county representative district
State Senator in a single- County executive committee
county senatorial district of political party in which
Member of State House of vacancy occurs, provided, in
Representatives in a the case of the State Senator
single-county represen- or State Representative in a
tative district single-county district where
Any elective county office not all the county is located
in that district, then in
voting, only those members of
the county executive committee
who reside within the district
shall vote
Judge of superior court in a County executive committee of
single-county judicial political party in which vacancy
district where the district is occurs; provided, in the case of a
the whole county or part of the superior court judge in a single-
county county district where not all
the county is located in that
district, then in voting, only
those members of the county
executive committee who
reside within the district shall
vote
Judge of superior court in a Appropriate district executive
multicounty judicial committee of political party in
district which vacancy occurs.
The 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.
(b) In 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.
(c) In 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.
(d) In 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.
(e) An 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).)