No person shall be entitled to vote or otherwise participate in the primary election of any political party unless that person complies with all of the following:
(1) Is a registered voter.
(2) Has declared and has had recorded on the registration book or record the fact that the voter affiliates with the political party in whose primary the voter proposes to vote or participate.
(3) Is in good faith a member of that party.
Notwithstanding the previous paragraph, any unaffiliated voter who is authorized under G.S. 163-119 may also vote in the primary if the voter is otherwise eligible to vote in that primary except for subdivisions (2) and (3) of the previous paragraph.
Any person who will become qualified by age to register and vote in the general election for which the primary is held, even though not so qualified by the date of the primary, shall be entitled to register for the primary and general election prior to the primary and then to vote in the primary after being registered. Such person may register not earlier than 60 days nor later than the last day for making application to register under G.S. 163-82.6(d) prior to the primary. In addition, persons who will become qualified by age to register and vote in the general election for which the primary is held, who do not register during the special period may register to vote after such period as if they were qualified on the basis of age, but until they are qualified by age to vote, they may vote only in primary elections. (1915, c. 101, s. 5; 1917, c. 218; C.S., s. 6027; 1959, c. 1203, s. 6; 1967, c. 775, s. 1; 1971, c. 1166, s. 4; 1973, c. 793, s. 20; 1981, c. 33, s. 1; 1983, c. 324, s. 3; 1987, c. 408, s. 4; c. 457, s. 1; 1991 (Reg. Sess., 1992), c. 1032, s. 5; 1993 (Reg. Sess., 1994), c. 762, s. 23; 2007-391, s. 28; 2008-187, s. 33(a); 2009-541, s. 6; 2013-381, s. 16.2; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
Notes of Decisions
Clingman v. Beaver, 544 U.S. 581 (2005).
· cites it 2× “9 (West 2004); N. C. Gen. Stat. § 163-59 (Lexis 2003); Pa.”
Neier v. State, 565 S.E.2d 229 (N.C. Ct. App. 2002).
· cites it 6× “N.C. Gen. Stat. § 163-59 (2001). Unaffiliated voters may vote in a partisan primary if the State Executive Committee of the political party so authorizes.”
Libertarian Party v. State, 707 S.E.2d 199 (N.C. 2011).
· cites it 2× “The additional provisions include, inter alia, unfavorable placement on the ballot of candidates from parties other than the two major political parties, N.”
State Ex Rel. Attorney-Gen. Ex Rel. Owens v. Chaplin, 47 S.E.2d 12 (N.C. 1948).
“, 163-58; G. S., 163-59; G. S., 163-60. Thereafter the election officials in these precincts opened the container envelopes, removed the absentee ballots therefrom, inspected the ballots, found them to be in due form, and voted and Counted them in the manner prescribed by G.”
McLaughlin v. North Carolina Bd. of Elections, 850 F. Supp. 373 (M.D.N.C. 1994).
· cites it 2× “N.C.Gen.Stat. § 163-59. If numerous small *387 groups were given affiliation rights, this would shut out those voters from the primary process, thereby possibly increasing the feeling of alienation and disenfranchisement.”
McLaughlin v. North Carolina Bd. of Elections, 65 F.3d 1215 (4th Cir. 1995).
“N.C. Gen.Stat. § 163-59. If numerous small groups were given affiliation rights, this would shut out those voters from the primary process, thereby possibly increasing the feeling of alienation and disenfranchisement.”
Hole v. North Carolina Bd. of Elections, 112 F. Supp. 2d 475 (M.D.N.C. 2000).
· cites it 13× “To the extent that N.C. Gen.Stat. § 163-59 2 , standing alone, would have required a closed primary and therefore would have prohibited either political party from allowing unaffiliated voters to vote in their party primaries, the law of North Carolina, in view of Tashjian ,…”
Bouvier v. Porter (N.C. 2024).
· cites it 3× “See N.C.G.S. § 163-59 (2023). Even if a prospective voter meets all eligibility requirements, he or she must also be “legally registered” to vote.”
Hooks v. Eure, 423 F. Supp. 55 (W.D.N.C. 1976).
· cites it 2× “They say that although the defendants took the oath prescribed by the North Carolina General Statutes §§ 163-59, 163-72 and 163-74, affirming their registrations were in “good faith,” that the registrations, in fact, were not in good faith.”
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