North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 01 - DEPARTMENTAL RULES › Section 01 .0107 - POLITICAL PARTY FORMATION, TERMINATION, AND REINSTATEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Pursuant to
			 G.S.
			 163-97, a political party ceases to be a
			 political party on the date the State Board certifies the general State
			 election in which the political party failed to poll for its candidate for
			 Governor, or for presidential electors, at least two percent of the entire vote
			 cast in the State for Governor or for presidential electors. Any voter
			 registration form received after that date by a county board of elections where
			 the applicant chooses to affiliate with an expired political party shall be
			 registered as "unaffiliated," except that if the person is already registered
			 to vote in the county and that person's registration already contains a party
			 affiliation, the county board of elections shall not change the registrant's
			 political party affiliation.
(b)
			 Notwithstanding Paragraph (a) of this Rule, a political party shall not cease
			 to be a political party under
			 G.S.
			 163-97 if it submits to the State Board of
			 Elections by the date of the State canvass documentation that the group of
			 voters had a candidate nominated by that group on the general election ballot
			 of at least 70 percent of the states in the prior Presidential
			 election.
(c) Voters affiliated
			 with an expired political party shall be changed to "unaffiliated designation"
			 as required by
			 G.S.
			 163-97.1 on the twentieth day before the
			 opening of the candidate filing period for the next regularly scheduled
			 election held after the date the political party failed to continue its legal
			 status as provided in
			 G.S.
			 163-97.
(d) The State Board shall order the county
			 boards of elections to change the registration affiliation of all voters who
			 are recorded on the registration books as being affiliated with an expired
			 political party at 5:00 p.m. on the 20th day before
			 the opening of the candidate filing period for the next regularly scheduled
			 election held after the date of expiration. Upon making the change, the county
			 board of elections shall send each affected voter verification of the party
			 change by mail in accordance with
			 G.S.
			 163-82.17(b). However, an
			 expired political party that submits to the State Board one of the following
			 prior to noon on the twentieth day before the opening of the candidate filing
			 period for the next regularly scheduled election held after the date of
			 expiration shall not have its affiliated voters changed to "unaffiliated
			 designation":
(1) A petition approved pursuant
			 to G.S.
			 163-96(a)(2). The political
			 party shall comply with all other petition processes and deadlines in
			 G.S.
			 163-96(a)(2), (b), and (c),
			 including submitting the signatures to each county board of elections no later
			 than 5:00 p.m. on the 15th day preceding the date
			 the petitions are due to be filed with the State Board as provided in this
			 Paragraph; or
(2) Documentation
			 that the group of voters had a candidate nominated by that group on the general
			 election ballot of at least 70 percent of the states in the prior presidential
			 election.