In the first general election following the date on which a new political party qualifies under the provisions of G.S. 163-96, it shall be entitled to have the names of its candidates for national, State, congressional, and local offices printed on the official ballots upon paying a filing fee equal to that provided for candidates for the office in G.S. 163-107 or upon complying with the alternative available to candidates for the office in G.S. 163-107.1.
For the first general election following the date on which it qualifies under G.S. 163-96, a new political party shall select its candidates by party convention. An individual whose name appeared on the ballot in a primary election preliminary to the general election shall not be eligible to have that individual's name placed on the general election ballot as a candidate for the new political party for the same office in that year. Following adjournment of the nominating convention, but not later than the first day of July prior to the general election, the president of the convention shall certify to the State Board of Elections the names of persons chosen in the convention as the new party's candidates in the ensuing general election. Any candidate nominated by a new party shall be affiliated with the party at the time of certification to the State Board of Elections. The requirement of affiliation with the party will be met if the candidate submits at or before the time of certification as a candidate an application to change party affiliation to that party. The State Board of Elections shall print names thus certified on the appropriate ballots as the nominees of the new party. The State Board of Elections shall send to each county board of elections the list of any new party candidates so that the county board can add those names to the appropriate ballot. (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; 1979, c. 411, s. 4; 2002-159, s. 55(b); 2006-234, s. 3; 2008-150, s. 10.1(a); 2017-6, s. 3; 2018-13, s. 3.4; 2018-146, s. 3.1(a), (b).)
Notes of Decisions
Cited in
11
cases (
4 in the last 5 years), 1975–2024 · leading case:
Delaney v. Bartlett, 370 F. Supp. 2d 373 (M.D.N.C. 2004).
Delaney v. Bartlett, 370 F. Supp. 2d 373 (M.D.N.C. 2004).
· cites it 2× “See N.C. Gen.Stat. § 163-98. New parties do not participate in a pri-maiy election but hold nominating conventions to choose their candidates.”
McLaughlin v. North Carolina Bd. of Elections, 850 F. Supp. 373 (M.D.N.C. 1994).
· cites it 4× “Pursuant to N.C.Gen.Stat. § 163-98, the Libertarian Party was required to select its candidates by a party convention and certify the names to the State Board of Elections on or before July 1, 1992.”
Preston v. Leake, 629 F. Supp. 2d 517 (E.D.N.C. 2009).
“163-114 or G.S. 163-98, making a contribution to that lobbyist’s candidate campaign committee.”
Brown v. North Carolina State Bd. of Elections, 394 F. Supp. 359 (W.D.N.C. 1975).
· cites it 2× “The defendants contend that the plaintiff may gain access to the ballot without the payment of a filing fee in the following ways: (1) secure 10,000 signatures of registered voters on a petition to create a political party, G.S. § 163-96, and if he obtains the nomination of such…”
North Carolina Green Party v. North Carolina State Bd. of Elections, No. 5:22-cv-00276 (E.D.N.C. Aug. 10, 2022).
· cites it 10× “And, when the Board failed to validate the Green Party on June 30 in time for the Green Party to meet the July 1 deadline, the Green Party still held a June 30 nominating convention pursuant to N.C. Gen. Stat. § 163-98 . See Am. Compl.”
McLaughlin v. North Carolina Bd. of Elections, 65 F.3d 1215 (4th Cir. 1995).
“N.C. Gen.Stat. § 163-98, which provides that "new” parties can "have the names of its candidates for State, congressional, and national offices printed on the official ballots, but it shall not be entitled to have the names of candidates for other offices printed on State,…”
Preston v. Leake, 743 F. Supp. 2d 501 (E.D.N.C. 2010).
“163-114 or G.S. 163-98, making a contribution to that lobbyist’s candidate campaign committee.”
North Carolina Green Party v. North Carolina State Bd. of Elections, No. 5:22-cv-00276, 2024 WL 1419752 (E.D.N.C. Apr. 2, 2024).
· cites it 4× “J 31; N.C. Gen. Stat. § 163-98 . At the convention, the party selected Matthew Hoh as its candidate for the United States Senate and selected Michael Trudeau as its candidate for North Carolina Senate District 16.”
Ortiz II v. North Carolina State Bd. of Elections, No. 5:24-cv-00420 (E.D.N.C. Aug. 12, 2024).
· cites it 4× “Allan Hirsch, Jeff Carmon, Stacy Eggers IV, Kevin Lewis, and Siobhan O’ Duffy Millen, in their official capacities as members of the North Carolina State Board of Elections, and Karen Brinson Bell, in her official capacity as exec:utive director of the North Carolina State Board…”
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