1. House Bill 4 AN ACT TO ABOLISH THE SECOND PRIMARY

2. House Bill 4 - Introduced by Representative Paul Miller Introduced on: January 27,2005 Referred to: The Committee on Election Law & Campaign Finance Reform THIS BILL IS NOT LAW !

3. Election and Related Laws and Rules of North Carolina – Section 163-111 SSECTION 1. DDetermination of primary results; second primaries ((a) Nomination Determined by Substantial Plurality ((b) Right to Demand Second Primary ((c) Procedure for Requesting Second Primary ((d) Tie Votes-How Determined ((e) Date of Second Primary ((f) No Third Primary Permitted

4. Election and Related Laws and Rules of North Carolina –Section 163-111 (new) SSECTION 1. DDetermination of primary results (g) Nominations in primary elections shall be determined as follows : (1) When more than one person is seeking election to a single office, the candidate who receives the highest number of votes shall be declared the nominee. (2) When more persons are seeking nomination 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 offices to be filled, shall be declared the nominees.

5. SSECTION 1. DDetermination of primary results (h) When more than one person is seeking election to a single office, and two or more candidates receiving the highest number of votes each receive the same number of votes, the proper party executive committee shall, from among those candidates receiving the same number of votes, select the party nominee in accordance with G.S. 163-114. G.S. 163-114: Deals with filling vacancies among party nominees occurring after nomination and before election

6. SSECTION 1 DDetermination of primary results (i) When more persons are seeking nomination to two or more offices (constituting a group) than there are offices to be filled, and two or more candidates receiving the lowest number of votes necessary for nomination each receive the same number of votes, the proper party executive committee shall, from among those candidates receiving the same numbers of votes, select the party nominee in accordance with G.S. 163-114. (j)This section prevails over any local act.

7. Election and Related Laws and Rules of North Carolina– Section 163-111 (revised/repealed) SUB-SECTIONS 2-13 of 163-111 have been rewritten or repealed to exclude and/or delete any reference to a second primary in the following subsections. G.S.163-82.6 Acceptance of application forms ( d) Instances When Person May Register and Vote on Election Day rewritten G.S.163-82.17 Change of party affiliation (a) Registrant’s Duty to Report rewritten G.S.163-226 Who may vote an absentee ballot rewritten (c) The Term “Election” G.S.163-227.1 Second primary; applications for absentee ballots for voting in second primary repealed G.S.163-255 Absentee voting at office of board of elections rewritten G.S.163-227.3 Date by which absentee ballots must be available for voting (b) Second Primary repealed

8. Election and Related Laws and Rules of North Carolina– Section 163-111 (revised/repealed) SUB-SECTIONS 2-13 of 163-111 continued: G.S.163-278.6(8) Definitions rewritten G.S.163-278.13(d) Limitation on contributions rewritten G.S.163-278.13B Limitation on fund-raising during legislative session ( d) Exception repealed G.S.163-278.40B Campaign report; partisan election (2) Pre-election report rewritten G.S.163-279(a)(2) Time of municipal primaries and elections rewritten G.S.163-291 Partisan primaries and elections rewritten

9. Election and Related Laws and Rules of North Carolina– Section 163-111 (revised/repealed) SUB-SECTION 14 amends: G.S.115C-37 Election of board members by adding a new subsection to read: The election of any county board of education held at the time of the primary, whether under this section, a local act, or under any merger plan adopted under Article 7 of the Chapter, shall be determined by a plurality under G.S. 163.292. No runoff election shall be held. SUB-SECTION 15 states: This act is effective when it becomes law and applies to all elections held on or after that date.

10. HOUSE BILL 4 Remember: This bill has yet to be passed. It is currently not a law.