N.C. Gen. Stat. » Chapter 163
NC General Statutes

N.C. Gen. Stat. § 163-104 (2026)

Primaries governed by general election laws; authority of State Board of Elections to modify time schedule

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Unless otherwise provided in this Chapter, primary elections shall be conducted as far as practicable in accordance with the general election laws of this State. All provisions of this Chapter and of other laws governing elections, not inconsistent with this Article and other provisions of law dealing specifically with primaries, shall apply as fully to primary elections and to the acts and things done thereunder as to general elections. Nevertheless, for purposes of primary elections the State Board of Elections may, by general rule, modify the general election law time schedule with regard to ascertaining, declaring, and reporting results.

All acts made criminal if committed in connection with a general election shall likewise be criminal, with the same punishment, when committed in a primary election held under the provisions of this Chapter. (1915, c. 101, s. 3; 1917, c. 218; C.S., s. 6020; 1967, c. 775, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

 

Notes of Decisions
Cited in 2 cases, 1994–1994 · leading case: McLaughlin v. North Carolina Bd. of Elections, 850 F. Supp. 373 (M.D.N.C. 1994).
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McLaughlin v. North Carolina Bd. of Elections, 850 F. Supp. 373 (M.D.N.C. 1994). · cites it 4× “§ 163-98, as opposed to primary elections, N.C.Gen.Stat. § 163-104. If the recognized minor party wins ten percent (10%) of the vote, it will then nominate candidates via the primary election process for the next election.”
Repub. Party of North Carolina v. Hunt, 841 F. Supp. 722 (E.D.N.C. 1994). “§ 163-104; Ch. 101, Public Laws 1915. Since that time, candidates for superior court judgeships have been nominated in primaries held in the districts for which they wish to serve.”
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