NC General Statutes
N.C. Gen. Stat. § 163-97 (2026)
Termination of status as political party
✓ current as of July 2026
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When any political party fails to meet the test set forth in G.S. 163-96(a)(1), it shall cease to be a political party within the meaning of the primary and general election laws and all other provisions of this Subchapter. (1901, c. 89, s. 85; Rev., s. 4292; C.S., s. 5913; 1933, c. 165, s. 1; 1949, c. 671, s. 1; 1967, c. 775, s. 1; 2006-234, s. 2; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
Notes of Decisions
Cited in 5
cases, 1988–2011 · leading case: Libertarian Party of Nc v. State, 688 S.E.2d 700 (N.C. Ct. App. 2009).
Libertarian Party of Nc v. State, 688 S.E.2d 700 (N.C. Ct. App. 2009). “See N.C. Gen.Stat. § 163-97 (2007). Thus, in order to be recognized as a political party, that group of voters must once again satisfy the 2% petition requirement set forth in N.”
McLaughlin v. North Carolina Bd. of Elections, 850 F. Supp. 373 (M.D.N.C. 1994). “§ 163-97 that Recognized Minor Party Must Obtain Ten Percent of the Vote to Retain Ballot Access Plaintiffs allege that the North Carolina statutory scheme violates the First and Fourteenth Amendments of the United States Constitution in that it violates the rights of…”
Green Party of Arkansas v. Martin, 649 F.3d 675 (8th Cir. 2011). “scheme that decertified political parties that failed to poll 10% of the votes cast in election for governor or president, and provided opportunity for party to regain its right to nominate candidates as a new party “by submitting petitions signed by registered voters numbering…”
McLaughlin v. North Carolina Bd. of Elections, 65 F.3d 1215 (4th Cir. 1995). “Because only the candidates of the Democratic and Republican Parties, Jimmy Carter and then-President Gerald Ford, exceeded the 10% threshold of 167,790 votes, the three minor parties were deemed to have expired by operation of N.C. Gen.Stat. § 163-97. The Libertarian Party…”
New All. Party v. North Carolina State Bd. of Elections, 697 F. Supp. 904 (E.D.N.C. 1988). “North Carolina General' Statute § 163-97 provides: When any political party fails to poll for its candidate for governor, or for presidential electors, at least ten percent (10%) of the entire vote cast in the State for governor or for presidential electors at a general…”
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