North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S107 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 107
	3	+	S D
	4	+	SENATE BILL DRS55004-LUxfe-41A
	5	+
5	6
6	7
7	8		Short Title: Judge Joe John Nonpartisan Jud. Elections Act. (Public)
8	9		Sponsors: Senators Grafstein, Batch, and Chaudhuri (Primary Sponsors).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~February 18, 2025~~
11		-	~~S107 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS55004 -LUxfe -41A
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO REENACT NONPARTISAN JUDICIAL ELECTIONS, TO MAKE 2
14	15		CONFORMING STATUTORY CHANGES RELATING TO REENACTMENT OF 3
15	16		NONPARTISAN JUDICIAL ELECTIONS, AND TO REESTABLISH PUBLIC 4
16	17		FINANCING FOR JUDICIAL CAMPAIGNS . 5
17	18		Whereas, Representative and former Court of Appeals Judge Joseph Robert (Joe) 6
18	19		John was a lifelong public servant and champion of an independent judiciary; and 7
19	20		Whereas, Judge John served the people of North Carolina at the highest levels in all 8
20	21		three branches of State government; and 9
21	22		Whereas, Judge John's broad experience informed his deep understanding of the 10
22	23		genius of the separation of powers; and 11
23	24		Whereas, Judge John was a man of integrity who understood the importance of a 12
24	25		judiciary free from fear or favor; and 13
25	26		Whereas, Judge John never wavered in his belief in the central role of a nonpartisan 14
26	27		judiciary in upholding our democracy; and 15
27	28		Whereas, his experience and values compelled Judge John to introduce a bill each 16
28	29		legislative session of his four terms to return North Carolina to the nonpartisan election of judges; 17
29	30		and 18
30	31		Whereas, the need to restore public confidence in an independent judiciary has never 19
31	32		been more urgent; Now, therefore, 20
32	33		The General Assembly of North Carolina enacts: 21
33	34		22
34	35		PART I. REENACT NONPARTISAN JUDICIAL ELECTIONS 23
35	36		SECTION 1.1. Chapter 163 of the General Statutes is amended by adding a new 24
36	37		Subchapter to read: 25
37	38		"SUBCHAPTER XI. ELECTION OF APPELLATE, SUPERIOR, AND DISTRICT 26
38	39		COURT JUDGES. 27
39	40		"Article 26. 28
40	41		"Nomination and Election of Appellate, Superior, and District Court Judges. 29
41	42		"§ 163-350. Applicability. 30
42	43		The nomination and election of justices of the Supreme Court, judges of the Court of Appeals, 31
43	44		and superior and district court judges of the General Court of Justice shall be as provided by this 32
44	45		Article. 33
45	46		"§ 163-351. Nonpartisan primary election method. 34
46	47		(a) General. – Except as provided in G.S. 163-358, there shall be a primary to narrow the 35
47		-	field of candidates to two candidates for each position to be filled if, when the filing period closes, 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 Senate Bill 107-First Edition
	48	+	field of candidates to two candidates for each position to be filled if, when the filing period closes, 36
	49	+	FILED SENATE
	50	+	Feb 17, 2025
	51	+	S.B. 107
	52	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	53	+	Page 2 DRS55004-LUxfe-41A
49	54		there are more than two candidates for a single office or the number of candidates for a group of 1
50	55		offices exceeds twice the number of positions to be filled. If only one or two candidates file for 2
51	56		a single office, no primary shall be held for that office, and the candidates shall be declared 3
52	57		nominated. If the number of candidates for a group of offices does not exceed twice the number 4
53	58		of positions to be filled, no primary shall be held for those offices, and the candidates shall be 5
54	59		declared nominated. 6
55	60		(b) Determination of Nominees. – In the primary, the two candidates for a single office 7
56	61		receiving the highest number of votes, and those candidates for a group of offices receiving the 8
57	62		highest number of votes, equal to twice the number of positions to be filled shall be declared 9
58	63		nominated. If two or more candidates receiving the highest number of votes each receive the 10
59	64		same number of votes, the State Board shall determine their relative ranking by lot and shall 11
60	65		declare the nominees accordingly. The canvass of the primary shall be held on the same date as 12
61	66		the primary canvass fixed under G.S. 163-182.5. The canvass shall be conducted in accordance 13
62	67		with Article 15A of this Chapter. 14
63	68		(c) Determination of Election Winners. – In the election, the names of those candidates 15
64	69		declared nominated without a primary and those candidates nominated in the primary shall be 16
65	70		placed on the ballot. The candidate for a single office receiving the highest number of votes shall 17
66	71		be elected. Those candidates for a group of offices receiving the highest number of votes, equal 18
67	72		in number to the number of positions to be filled, shall be elected. If two candidates receiving the 19
68	73		highest number of votes each received the same number of votes, the State Board shall determine 20
69	74		the winner by lot. 21
70	75		"§ 163-352. Notice of candidacy. 22
71	76		(a) Form of Notice. – Each person offering to be a candidate for election shall do so by 23
72	77		filing a notice of candidacy with the State Board in the following form, inserting the words in 24
73	78		parentheses when appropriate: 25
74	79		26
75	80		Date: _______________________________ 27
76	81		28
77	82		I hereby file notice that I am a candidate for election to the office of __________ in the 29
78	83		regular election to be held _____________, ____. 30
79	84		31
80	85		Signed: _____________________________ 32
81	86		(Name of Candidate) 33
82	87		34
83	88		Witness: _______________________________________________________________ 35
84	89		36
85	90		The notice of candidacy shall be either signed in the presence of the chairman or secretary of 37
86	91		the State Board or signed and acknowledged before an officer authorized to take 38
87	92		acknowledgments who shall certify the notice under seal. An acknowledged and certified notice 39
88	93		may be mailed to the State Board. In signing a notice of candidacy, the candidate shall use only 40
89	94		the candidate's legal name and, in the candidate's discretion, any nickname by which the 41
90	95		candidate is commonly known. A candidate may also, in lieu of that candidate's first name and 42
91	96		legal middle initial or middle name, if any, sign that candidate's nickname, provided the candidate 43
92	97		appends to the notice of candidacy an affidavit that the candidate has been commonly known by 44
93	98		that nickname for at least five years prior to the date of making the affidavit. The candidate shall 45
94	99		also include with the affidavit the way the candidate's name (as permitted by law) should be listed 46
95	100		on the ballot if another candidate with the same last name files a notice of candidacy for that 47
96	101		office. 48
97	102		A notice of candidacy signed by an agent or any person other than the candidate himself or 49
98	103		herself shall be invalid. 50 General Assembly Of North Carolina Session 2025
99		-	~~Senate Bill 107-First Edition~~ Page 3
	104	+	DRS55004-LUxfe-41A Page 3
100	105		(b) Time for Filing Notice of Candidacy. – Candidates seeking election to the following 1
101	106		offices shall file their notice of candidacy with the State Board no earlier than 12:00 noon on the 2
102	107		first Monday in December and no later than 12:00 noon on the third Friday in December 3
103	108		preceding the election: 4
104	109		Justices of the Supreme Court. 5
105	110		Judges of the Court of Appeals. 6
106	111		Judges of the superior courts. 7
107	112		Judges of the district courts. 8
108	113		(c) Withdrawal of Notice of Candidacy. – Any person who has filed a notice of candidacy 9
109	114		for an office shall have the right to withdraw it at any time prior to the close of business on the 10
110	115		third business day prior to the date on which the right to file for that office expires under the 11
111	116		terms of subsection (b) of this section. 12
112	117		(d) Certificate That Candidate is Registered Voter. – Candidates shall file, along with 13
113	118		their notice, a certificate signed by the chairman of the board of elections or the supervisor of 14
114	119		elections of the county in which they are registered to vote, stating that the person is registered 15
115	120		to vote in that county. In issuing the certificate, the chairman or supervisor shall check the 16
116	121		registration records of the county to verify the information. During the period commencing 36 17
117	122		hours immediately preceding the filing deadline, the State Board shall accept, on a conditional 18
118	123		basis, the notice of candidacy of a candidate who has failed to secure the verification required by 19
119	124		this subsection subject to receipt of verification no later than three days following the filing 20
120	125		deadline. The State Board shall prescribe the form for the certificate and distribute it to each 21
121	126		county board of elections no later than the last Monday in December of each odd-numbered year. 22
122	127		(e) Candidacy for More Than One Office Prohibited. – No person may file a notice of 23
123	128		candidacy for more than one office or group of offices described in subsection (b) of this section, 24
124	129		or for an office or group of offices described in subsection (b) of this section and an office 25
125	130		described in G.S. 163-106.2, for any one election. If a person has filed a notice of candidacy with 26
126	131		a board of elections under this section or under G.S. 163-106.2 for one office or group of offices, 27
127	132		then a notice of candidacy may not later be filed for any other office or group of offices under 28
128	133		this section when the election is on the same date unless the notice of candidacy for the first 29
129	134		office is withdrawn under subsection (c) of this section. 30
130	135		(f) Notice of Candidacy for Certain Offices to Indicate Vacancy. – In any election in 31
131	136		which there are two or more vacancies for the office of justice of the Supreme Court, judge of 32
132	137		the Court of Appeals, or district court judge to be filled by nominations, each candidate shall, at 33
133	138		the time of filing notice of candidacy, file with the State Board a written statement designating 34
134	139		the vacancy to which the candidate seeks election. Votes cast for a candidate shall be effective 35
135	140		only for election to the vacancy for which the candidate has given notice of candidacy as provided 36
136	141		in this subsection. 37
137	142		A person seeking election for a specialized district judgeship established under G.S. 7A-147 38
138	143		shall, at the time of filing notice of candidacy, file with the State Board a written statement 39
139	144		designating the specialized judgeship to which the person seeks nomination. 40
140	145		(g) Notice of Candidacy for Superior Court Judge; Residency. – No person may file a 41
141	146		notice of candidacy for superior court judge unless that person is at the time of filing the notice 42
142	147		of candidacy a resident of the judicial district as it will exist at the time the person would take 43
143	148		office if elected. No person may be nominated as a superior court judge under G.S. 163-114 44
144	149		unless that person is at the time of nomination a resident of the judicial district as it will exist at 45
145	150		the time the person would take office if elected. This subsection implements Section 9(1) of 46
146	151		Article IV of the North Carolina Constitution which requires regular Superior Court Judges to 47
147	152		reside in the district for which elected. 48
148	153		"§ 163-353. Filing fees required of candidates; refunds. 49 General Assembly Of North Carolina Session 2025
149		-	Page 4 ~~Senate Bill 107-First Edition~~
	154	+	Page 4 DRS55004-LUxfe-41A
150	155		(a) Fee Schedule. – At the time of filing a notice of candidacy under this Article, each 1
151	156		candidate shall pay to the State Board a filing fee for the office the candidate seeks in the amount 2
152	157		of one percent (1%) of the annual salary of the office sought. 3
153	158		(b) Refund of Fees. – If any person who has filed a notice of candidacy and paid the filing 4
154	159		fee prescribed in subsection (a) of this section withdraws his or her notice of candidacy within 5
155	160		the period prescribed in G.S. 163-352(c), the candidate shall be entitled to have the fee the 6
156	161		candidate paid refunded. The chairman of the State Board shall cause a warrant to be drawn on 7
157	162		the State Treasurer for the refund payment. 8
158	163		(c) Refund of Fees Upon Death of Candidate. – If any person who has filed a notice of 9
159	164		candidacy and paid the filing fee prescribed in subsection (a) of this section dies prior to the date 10
160	165		of the election, the personal representative of the estate shall be entitled to have the fee refunded 11
161	166		if application is made to the board of elections to which the fee was paid no later than one year 12
162	167		after the date of death and refund shall be made in the same manner as the withdrawal of notice 13
163	168		of candidacy. 14
164	169		"§ 163-354. Petition in lieu of payment of filing fee. 15
165	170		(a) General. – Any qualified voter who seeks election under this Article may, in lieu of 16
166	171		payment of any filing fee required for the office sought, file a written petition requesting to be a 17
167	172		candidate for a specified office with the State Board. 18
168	173		(b) Requirements of Petition; Deadline for Filing. – If the candidate is seeking the office 19
169	174		of justice of the Supreme Court, judge of the Court of Appeals, or superior or district court judge, 20
170	175		that individual shall file a written petition with the State Board no later than 12:00 noon on 21
171	176		Monday preceding the filing deadline before the primary. If the office is justice of the Supreme 22
172	177		Court or judge of the Court of Appeals, the petition shall be signed by 8,000 registered voters in 23
173	178		the State. If the office is superior or district court judge, the petition shall be signed by five percent 24
174	179		(5%) of the registered voters of the election area in which those registered voters will vote for 25
175	180		that office. The board of elections shall verify the names on the petition and, if the petition and 26
176	181		notice of candidacy are found to be sufficient, the candidate's name shall be printed on the 27
177	182		appropriate ballot. Petitions shall be presented to the county board of elections for verification at 28
178	183		least 15 days before the petition is due to be filed with the State Board. The State Board may 29
179	184		adopt rules to implement this section and to provide standard petition forms. 30
180	185		"§ 163-355. Certification of notices of candidacy. 31
181	186		(a) Names of Candidates Sent to Secretary of State. – Within three days after the time for 32
182	187		filing notices of candidacy with the State Board under the provisions of G.S. 163-352(b) has 33
183	188		expired, the chairman or secretary of that Board shall certify to the Secretary of State the name 34
184	189		and address of each person who has filed with the State Board, indicating in each instance the 35
185	190		office sought. 36
186	191		(b) Notification of Local Boards. – No later than 10 days after the time for filing notices 37
187	192		of candidacy under the provisions of G.S. 163-352(b) has expired, the chairman of the State 38
188	193		Board shall certify to the chairman of the county board of elections in each county in the 39
189	194		appropriate district the names of candidates for nomination to the offices of justice of the 40
190	195		Supreme Court, judge of the Court of Appeals, and superior and district court judge who have 41
191	196		filed the required notice and paid the required filing fee or presented the required petition to the 42
192	197		State Board so that their names may be printed on the official judicial ballot for justice of the 43
193	198		Supreme Court, judge of the Court of Appeals, and superior and district court judge. 44
194	199		(c) Receipt of Notification by County Board. – Within two days after receipt of each of 45
195	200		the letters of certification from the chairman of the State Board required by subsection (b) of this 46
196	201		section, each county board of elections chairman shall acknowledge receipt by letter addressed 47
197	202		to the chairman of the State Board. 48
198	203		"§ 163-356. Rules when vacancies for superior court judge are to be voted on. 49
199	204		If a vacancy occurs in a judicial district for any offices of superior court judge, and on account 50
200	205		of the occurrence of the vacancy there is to be an election for one or more terms in that district 51 General Assembly Of North Carolina Session 2025
201		-	~~Senate Bill 107-First Edition~~ Page 5
	206	+	DRS55004-LUxfe-41A Page 5
202	207		to fill the vacancy or vacancies, at that same election in accordance with G.S. 163-9 and Section 1
203	208		19 of Article IV of the North Carolina Constitution, the nomination and election shall be 2
204	209		determined by the following special rules in addition to any other provisions of law: 3
205	210		(1) If the vacancy occurs prior to the opening of the filing period under 4
206	211		G.S. 163-352(b), nominations shall be made by primary election as provided 5
207	212		by this Article without designation as to the vacancy. 6
208	213		(2) If the vacancy occurs beginning on the opening of the filing period under 7
209	214		G.S. 163-352(b) and ending on the sixtieth day before the general election, 8
210	215		candidate filing shall be as provided by G.S. 163-358 without designation as 9
211	216		to the vacancy. 10
212	217		(3) The general election ballot shall contain, without designation as to vacancy, 11
213	218		spaces for the election to fill the vacancy where nominations were made or 12
214	219		candidates filed under subdivision (1) or (2) of this section. Except as provided 13
215	220		in G.S. 163-358, the persons receiving the highest numbers of votes equal to 14
216	221		the term or terms to be filled shall be elected to the term or terms. 15
217	222		"§ 163-357. Failure of candidates to file; death or other disqualification of a candidate; no 16
218	223		withdrawal from candidacy. 17
219	224		(a) Insufficient Number of Candidates. – If, when the filing period expires, candidates 18
220	225		have not filed for an office to be filled under this Article, the State Board shall extend the filing 19
221	226		period for five days for any such offices. 20
222	227		(b) Death or Disqualification of Candidate Before Primary. – If a candidate for 21
223	228		nomination in a primary dies or becomes disqualified before the primary but after the ballots 22
224	229		have been printed, the State Board shall determine whether or not there is time to reprint the 23
225	230		ballots. If the State Board determines that there is not enough time to reprint the ballots, the 24
226	231		deceased or disqualified candidate's name shall remain on the ballots. If that candidate receives 25
227	232		enough votes for nomination, such votes shall be disregarded and the candidate receiving the 26
228	233		next highest number of votes below the number necessary for nomination shall be declared 27
229	234		nominated. If the death or disqualification of the candidate leaves only two candidates for each 28
230	235		office to be filled, the nonpartisan primary shall not be held and all candidates shall be declared 29
231	236		nominees. 30
232	237		(c) Earlier Non-Primary Vacancies; Reopening Filing. – If there is no primary because 31
233	238		only one or two candidates have filed for a single office, or the number of candidates filed for a 32
234	239		group of offices does not exceed twice the number of positions to be filled, or if a primary has 33
235	240		occurred and eliminated candidates, and thereafter a remaining candidate dies or otherwise 34
236	241		becomes disqualified before the election and before the ballots are printed, the State Board shall, 35
237	242		upon notification of the death or other disqualification, immediately reopen the filing period for 36
238	243		an additional five days during which time additional candidates shall be permitted to file for 37
239	244		election. If the ballots have been printed at the time the State Board receives notice of the 38
240	245		candidate's death or other disqualification, the State Board shall determine whether there will be 39
241	246		sufficient time to reprint them before the election if the filing period is reopened for three days. 40
242	247		If the State Board determines that there will be sufficient time to reprint the ballots, it shall reopen 41
243	248		the filing period for three days to allow other candidates to file for election and that election shall 42
244	249		be conducted as provided in G.S. 163-358(b). 43
245	250		(d) Later Vacancies; Ballots Not Reprinted. – If the ballots have been printed at the time 44
246	251		the State Board receives notice of a candidate's death or other disqualification, and if the Board 45
247	252		determines that there is not enough time to reprint the ballots before the election if the filing 46
248	253		period is reopened for three days, then regardless of the number of candidates remaining for the 47
249	254		office or group of offices, the ballots shall not be reprinted and the name of the vacated candidate 48
250	255		shall remain on the ballots. If a vacated candidate should poll the highest number of votes in the 49
251	256		election for a single office or enough votes to be elected to one of a group of offices, the State 50
252	257		Board shall declare the office vacant and it shall be filled in the manner provided by law. 51 General Assembly Of North Carolina Session 2025
253		-	Page 6 ~~Senate Bill 107-First Edition~~
	258	+	Page 6 DRS55004-LUxfe-41A
254	259		(e) No Withdrawal Permitted of Living, Qualified Candidate After Close of Filing. – 1
255	260		After the close of the candidate filing period, a candidate who has filed a notice of candidacy for 2
256	261		the office, who has not withdrawn notice before the close of filing as permitted by 3
257	262		G.S. 163-352(b), who remains alive, and who has not become disqualified for the office may not 4
258	263		withdraw his or her candidacy. That candidate's name shall remain on the ballot, any votes cast 5
259	264		for the candidacy shall be counted in the primary or election, and if the candidate wins, the 6
260	265		candidate may fail to qualify by refusing to take the oath of office. 7
261	266		(f) Death, Disqualification, or Failure to Qualify After Election. – If a person elected to 8
262	267		the office of justice of the Supreme Court, judge of the Court of Appeals, or superior or district 9
263	268		court judge dies or becomes disqualified on or after election day and before the person has 10
264	269		qualified by taking the oath of office, or fails to qualify by refusing to take the oath of office, the 11
265	270		office shall be deemed vacant and shall be filled as provided by law. 12
266	271		"§ 163-358. Elections to fill vacancy in office created after primary filing period opens. 13
267	272		(a) General. – If a vacancy is created in the office of justice of the Supreme Court, judge 14
268	273		of the Court of Appeals, or judge of superior court after the filing period for the primary opens 15
269	274		but more than 60 days before the general election, and under the Constitution of North Carolina 16
270	275		an election is to be held for that position, such that the office shall be filled in the general election 17
271	276		as provided in G.S. 163-9, the election to fill the office for the remainder of the term shall be 18
272	277		conducted without a primary using the method provided in subsection (b) of this section. If a 19
273	278		vacancy is created in the office of justice of the Supreme Court, judge of the Court of Appeals, 20
274	279		or judge of superior court before the filing period for the primary opens, and under the 21
275	280		Constitution of North Carolina an election is to be held for that position, such that the office shall 22
276	281		be filled in the general election as provided in G.S. 163-9, the election to fill the office for the 23
277	282		remainder of the term shall be conducted in accordance with G.S. 163-351. 24
278	283		(b) Method for Vacancy Election. – If a vacancy for the office of justice of the Supreme 25
279	284		Court, judge of the Court of Appeals, or judge of superior court occurs more than 60 days before 26
280	285		the general election and after the opening of the filing period for the primary, then the State Board 27
281	286		shall designate a special filing period of one week for candidates for the office. If more than two 28
282	287		candidates file and qualify for the office in accordance with G.S. 163-352, then the Board shall 29
283	288		conduct the election for the office as follows: 30
284	289		(1) When the vacancy described in this section occurs more than 63 days before 31
285	290		the date of the second primary for members of the General Assembly, a special 32
286	291		primary shall be held on the same day as the second primary. The two 33
287	292		candidates with the most votes in the special primary shall have their names 34
288	293		placed on the ballot for the general election held on the same day as the general 35
289	294		election for members of the General Assembly. 36
290	295		(2) When the vacancy described in this section occurs less than 64 days before 37
291	296		the date of the second primary, a general election for all the candidates shall 38
292	297		be held on the same day as the general election for members of the General 39
293	298		Assembly and the results shall be determined on a plurality basis as provided 40
294	299		by G.S. 163-292. 41
295	300		(c) Applicable Provisions. – Except as provided in this section, the provisions of this 42
296	301		Article apply to elections conducted under this section. 43
297	302		"§ 163-359. Voting in primary. 44
298	303		Any person who will become qualified by age or residence to register and vote in the general 45
299	304		election for which the primary is held, even though not so qualified by the date of the primary, 46
300	305		shall be entitled to register for the primary and general election prior to the primary and then to 47
301	306		vote in the primary after being registered. The person may register not earlier than 60 days nor 48
302	307		later than the last day for making application to register under G.S. 163-82.6(d) prior to the 49
303	308		primary. 50
304	309		"§ 163-360. Date of primary. 51 General Assembly Of North Carolina Session 2025
305		-	~~Senate Bill 107-First Edition~~ Page 7
	310	+	DRS55004-LUxfe-41A Page 7
306	311		The primary shall be held on the same date as established for primary elections under 1
307	312		G.S. 163-1(b). 2
308	313		"§ 163-361. Ballots. 3
309	314		(a) General. – In elections there shall be official ballots. The ballots shall be printed to 4
310	315		conform to the requirement of G.S. 163-165.6(c) and to show the name of each person who has 5
311	316		filed notice of candidacy and the office for which each aspirant is a candidate. 6
312	317		Only those who have filed the required notice of candidacy with the proper board of elections, 7
313	318		and who have paid the required filing fee or qualified by petition, shall have their names printed 8
314	319		on the official primary ballots. Only those candidates properly nominated shall have their names 9
315	320		appear on the official general election ballots. 10
316	321		(b) Ballots to be Furnished by County Board of Elections. – It shall be the duty of the 11
317	322		county board of elections to print official ballots for the following offices to be voted for in the 12
318	323		primary: 13
319	324		Justice of the Supreme Court. 14
320	325		Judge of the Court of Appeals. 15
321	326		Superior court judge. 16
322	327		District court judge. 17
323	328		In printing ballots, the county board of elections shall be governed by instructions of the State 18
324	329		Board with regard to width, color, kind of paper, form, and size of type. 19
325	330		Three days before the election, the chairman of the county board of elections shall distribute 20
326	331		official ballots to the chief judge of each precinct in the chairman's county, and the chief judge 21
327	332		shall give a receipt for the ballots received. On the day of the primary, it shall be the chief judge's 22
328	333		duty to have all the ballots so delivered available for use at the precinct voting place. 23
329	334		"§ 163-362. Counting of ballots. 24
330	335		Counting of ballots in primaries and elections held under this Article shall be under the same 25
331	336		rules as for counting of ballots in nonpartisan municipal elections under Article 24 of this 26
332	337		Chapter. 27
333	338		"§ 163-363. Other rules. 28
334	339		Except as provided by this Article, the conduct of elections shall be governed by Subchapter 29
335	340		VI of this Chapter." 30
336	341		SECTION 1.2. This Part becomes effective with respect to primaries and elections 31
337	342		held on or after January 1, 2026. 32
338	343		33
339	344		PART II. CONFORMING STATUTORY CHANGES 34
340	345		SECTION 2.1. G.S. 18C-112(e)(1) reads as rewritten: 35
341	346		"(1) Files a notice of candidacy under G.S. 163-106 through 163-106.6 or 36
342	347		G.S. 163-352 or a petition under G.S. 163-107.1.G.S. 163-107.1 or 37
343	348		G.S. 163-354." 38
344	349		SECTION 2.2. G.S. 163-1(b) reads as rewritten: 39
345	350		"(b) On Tuesday next after the first Monday in March preceding each general election to 40
346	351		be held in November for the officers referred to in subsection (a) of this section, there shall be 41
347	352		held in all election precincts within the territory for which the officers are to be elected a primary 42
348	353		election for the purpose of nominating candidates for each political party in the State for those 43
349	354		offices.offices and nonpartisan candidates as to the offices elected under the provisions of Article 44
350	355		26 of this Chapter." 45
351	356		SECTION 2.3. G.S. 163-22.3 reads as rewritten: 46
352	357		"§ 163-22.3. State Board of Elections littering notification. 47
353	358		At the time an individual files with the State Board of Elections a notice of candidacy 48
354	359		pursuant to G.S. 163-106, 163-112, 163-291, or 163-294.2, or 163-352, is certified to the State 49
355	360		Board of Elections by a political party executive committee to fill a nomination vacancy pursuant 50
356	361		to G.S. 163-114, is certified to the State Board of Elections by a new political party as that party's 51 General Assembly Of North Carolina Session 2025
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358	363		nominee pursuant to G.S. 163-98, qualifies with the State Board of Elections as an unaffiliated 1
359	364		or write-in candidate pursuant to Article 11 of this Chapter, or formally initiates a candidacy with 2
360	365		the State Board of Elections pursuant to any statute or local act, the State Board of Elections shall 3
361	366		notify the candidate of the provisions concerning campaign signs in G.S. 136-32 and 4
362	367		G.S. 14-156, and the rules adopted by the Department of Transportation pursuant to 5
363	368		G.S. 136-18." 6
364	369		SECTION 2.4. G.S. 163-82.10B reads as rewritten: 7
365	370		"§ 163-82.10B. Confidentiality of date of birth. 8
366	371		Boards of elections shall keep confidential the date of birth of every voter-registration 9
367	372		applicant and registered voter, except in the following situations: 10
368	373		(1) When a voter has filed notice of candidacy for elective office under 11
369	374		G.S. 163-106, 163-122, 163-123, or 163-294.2, or 163-352, has been 12
370	375		nominated as a candidate under G.S. 163-98 or G.S. 163-114, or has otherwise 13
371	376		formally become a candidate for elective office. The exception of this 14
372	377		subdivision does not extend to an individual who meets the definition of 15
373	378		"candidate" only by beginning a tentative candidacy by receiving funds or 16
374	379		making payments or giving consent to someone else to receive funds or 17
375	380		transfer something of value for the purpose of exploring a candidacy. 18
376	381		…." 19
377	382		SECTION 2.5. G.S. 163-106.2(a) reads as rewritten: 20
378	383		"(a) Candidates seeking party primary nominations for the following offices shall file their 21
379	384		notice of candidacy with the State Board no earlier than 12:00 noon on the first Monday in 22
380	385		December and no later than 12:00 noon on the third Friday in December preceding the primary: 23
381	386		Governor 24
382	387		Lieutenant Governor 25
383	388		All State executive officers 26
384	389		Justices of the Supreme Court 27
385	390		Judges of the Court of Appeals 28
386	391		Judges of the superior court 29
387	392		Judges of the district court 30
388	393		United States Senators 31
389	394		Members of the House of Representatives of the United States 32
390	395		District attorneysattorneys." 33
391	396		SECTION 2.6. G.S. 163-106.3 reads as rewritten: 34
392	397		"§ 163-106.3. Notice of candidacy for certain offices to indicate vacancy. 35
393	398		In any primary in which there are two or more vacancies for associate justices for the Supreme 36
394	399		Court, two or more vacancies for the Court of Appeals, two or more vacancies for superior or 37
395	400		district court judge, or two vacancies for United States Senator from North Carolina, each 38
396	401		candidate shall, at the time of filing notice of candidacy, file with the State Board of Elections a 39
397	402		written statement designating the vacancy to which the candidate seeks nomination. The 40
398	403		designation shall not be the name or names of any incumbent or other individual but shall be 41
399	404		designated as determined by the State Board of Elections. A person seeking election for a 42
400	405		specialized district judgeship established under G.S. 7A-147 shall, at the time of filing notice of 43
401	406		candidacy, file with the State Board of Elections a written statement designating the specialized 44
402	407		judgeship to which the person seeks nomination. Votes cast for a candidate shall be effective 45
403	408		only for nomination to the vacancy for which the candidate has given notice of candidacy as 46
404	409		provided in this section." 47
405	410		SECTION 2.7. G.S. 163-106.5 reads as rewritten: 48
406	411		"§ 163-106.5. Certificate of registration to vote in county and party affiliation; cancellation 49
407	412		of candidacy; residency requirements for judges.candidacy. 50 General Assembly Of North Carolina Session 2025
408		-	~~Senate Bill 107-First Edition~~ Page 9
	413	+	DRS55004-LUxfe-41A Page 9
409	414		(a) Candidates required to file their notice of candidacy with the State Board of Elections 1
410	415		under G.S. 163-106.2 shall file along with their notice a certificate signed by the chairman of the 2
411	416		board of elections or the director of elections of the county in which they are registered to vote, 3
412	417		stating that the person is registered to vote in that county, if the candidacy is for superior court 4
413	418		judge and the county contains more than one superior court district, stating the superior court 5
414	419		district of which the person is a resident, stating the party with which the person is affiliated, and 6
415	420		that the person has not changed his the person's affiliation from another party or from unaffiliated 7
416	421		within three months prior to the filing deadline under G.S. 163-106.2. In issuing such certificate, 8
417	422		the chairman or director shall check the registration records of the county to verify such 9
418	423		information. During the period commencing 36 hours immediately preceding the filing deadline 10
419	424		the State Board of Elections shall accept, on a conditional basis, the notice of candidacy of a 11
420	425		candidate who has failed to secure the verification ordered herein subject to receipt of verification 12
421	426		no later than three days following the filing deadline. The State Board of Elections shall prescribe 13
422	427		the form for such certificate, and distribute it to each county board of elections no later than the 14
423	428		last Monday in December of each odd-numbered year. 15
424	429		(b) When any candidate files a notice of candidacy with a board of elections under 16
425	430		G.S. 163-106.2 or under G.S. 163-291(2), the board of elections shall, immediately upon receipt 17
426	431		of the notice of candidacy, inspect the registration records of the county, and cancel the notice of 18
427	432		candidacy of any person who does not meet the constitutional or statutory qualifications for the 19
428	433		office, including residency. 20
429	434		The board shall give notice of cancellation to any candidate whose notice of candidacy has 21
430	435		been cancelled under this section by mail or by having the notice served on him the candidate by 22
431	436		the sheriff, and to any other candidate filing for the same office. A candidate who has been 23
432	437		adversely affected by a cancellation or another candidate for the same office affected by a 24
433	438		substantiation under this section may request a hearing on the cancellation. If the candidate 25
434	439		requests a hearing, the hearing shall be conducted in accordance with Article 11B of this Chapter. 26
435	440		(c) No person may file a notice of candidacy for superior court judge, unless that person 27
436	441		is, at the time of filing the notice of candidacy, a resident of the judicial district as it will exist at 28
437	442		the time the person would take office if elected. No person may be nominated as a superior court 29
438	443		judge under G.S. 163-114, unless that person is, at the time of nomination, a resident of the 30
439	444		judicial district as it will exist at the time the person would take office if elected. This subsection 31
440	445		implements Section 9(1) of Article IV of the North Carolina Constitution, which requires regular 32
441	446		superior court judges to reside in the district for which elected." 33
442	447		SECTION 2.8. G.S. 163-107(a) reads as rewritten: 34
443	448		"(a) Fee Schedule. – At the time of filing a notice of candidacy, each candidate shall pay 35
444	449		to the board of elections with which the candidate files under the provisions of G.S. 163-106, 36
445	450		163-106.1, 163-106.2, 163-106.3, 163-106.4, 163-106.5, and 163-106.6, a filing fee for the office 37
446	451		sought in the amount specified in the following tabulation: 38
447	452		Office Sought Amount of Filing Fee 39
448	453		Governor One percent (1%) of the annual salary of the office 40
449	454		sought 41
450	455		Lieutenant Governor One percent (1%) of the annual salary of the office 42
451	456		sought 43
452	457		All State executive offices One percent (1%) of the annual salary of the office 44
453	458		sought 45
454	459		All Justices, Judges, and District At- One percent (1%) of the annual salary of the 46
455	460		torneys of the General Court of office sought 47
456	461		Justice 48
457	462		United States Senator One percent (1%) of the annual salary of the office 49
458	463		sought 50
459	464		Members of the United States House One percent (1%) of the annual salary of 51 General Assembly Of North Carolina Session 2025
460		-	Page 10 ~~Senate Bill 107-First Edition~~
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461	466		of Representatives the office sought 1
462	467		2
463	468		State Senator One percent (1%) of the annual salary of the office 3
464	469		sought 4
465	470		Member of the State House One percent (1%) of the annual salary of 5
466	471		of Representatives the office sought 6
467	472		All county offices not compensated by One percent (1%) of the annual salary of 7
468	473		fees office sought 8
469	474		All county offices compensated partly One percent (1%) of the first annual 9
470	475		by salary and partly by fees salary to be received (exclusive of fees) 10
471	476		11
472	477		The salary of any office that is the basis for calculating the filing fee is the starting salary for the 12
473	478		office, rather than the salary received by the incumbent, if different. If no starting salary can be 13
474	479		determined for the office, then the salary used for calculation is the salary of the incumbent, as 14
475	480		of January 1 of the election year." 15
476	481		SECTION 2.9. G.S. 163-107.1 reads as rewritten: 16
477	482		"§ 163-107.1. Petition in lieu of payment of filing fee. 17
478	483		(a) Any qualified voter who seeks nomination in the party primary of the political party 18
479	484		with which he the qualified voter affiliates may, in lieu of payment of any filing fee required for 19
480	485		the office he seeks, sought, file a written petition requesting him to be a candidate for a specified 20
481	486		office with the appropriate board of elections, State, county or municipal. 21
482	487		(b) If the candidate is seeking the office of United States Senator, Governor, Lieutenant 22
483	488		Governor, or any State executive officer, Justice of the Supreme Court, or Judge of the Court of 23
484	489		Appeals, officer, the petition must be signed by 10,000 registered voters who are members of the 24
485	490		political party in whose primary the candidate desires to run, except that in the case of a political 25
486	491		party as defined by G.S. 163-96(a)(2) which will be making nominations by primary election, 26
487	492		the petition must be signed by five percent (5%) of the registered voters of the State who are 27
488	493		affiliated with the same political party in whose primary the candidate desires to run, or in the 28
489	494		alternative, the petition shall be signed by no less than 8,000 registered voters regardless of the 29
490	495		voter's political party affiliation, whichever requirement is greater. The petition must be filed 30
491	496		with the State Board of Elections not later than 12:00 noon on Monday preceding the filing 31
492	497		deadline before the primary in which he seeks to run. The names on the petition shall be verified 32
493	498		by the board of elections of the county where the signer is registered, and the petition must be 33
494	499		presented to the county board of elections at least 15 days before the petition is due to be filed 34
495	500		with the State Board of Elections. When a proper petition has been filed, the candidate's name 35
496	501		shall be printed on the primary ballot. 36
497	502		(c) County, Municipal and District Primaries. – If the candidate is seeking one of the 37
498	503		offices set forth in G.S. 163-106.2 but which is not listed in subsection (b) of this section, or a 38
499	504		municipal or any other office requiring a partisan primary which is not set forth in G.S. 163-106.2 39
500	505		or G.S. 163-106.3, the candidate shall file a written petition with the appropriate board of 40
501	506		elections no later than 12:00 noon on Monday preceding the filing deadline before the primary. 41
502	507		The petition shall be signed by five percent (5%) of the registered voters of the election area in 42
503	508		which the office will be voted for, who are affiliated with the same political party in whose 43
504	509		primary the candidate desires to run, or in the alternative, the petition shall be signed by no less 44
505	510		than 200 registered voters regardless of said voter's political party affiliation, whichever 45
506	511		requirement is greater. The board of elections shall verify the names on the petition, and if the 46
507	512		petition is found to be sufficient, the candidate's name shall be printed on the appropriate primary 47
508	513		ballot. Petitions for candidates for member of the U.S. House of Representatives, District 48
509	514		Attorney, judge of the superior court, judge of the district court, and members of the State House 49
510	515		of Representatives from multi-county districts or members of the State Senate from multi-county 50
511	516		districts must be presented to the county board of elections for verification at least 15 days before 51 General Assembly Of North Carolina Session 2025
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	517	+	DRS55004-LUxfe-41A Page 11
513	518		the petition is due to be filed with the State Board of Elections, and such petition must be filed 1
514	519		with the State Board no later than 12:00 noon on Monday preceding the filing deadline. The State 2
515	520		Board of Elections may adopt rules to implement this section and to provide standard petition 3
516	521		forms. 4
517	522		…." 5
518	523		SECTION 2.10. G.S. 163-108(b) reads as rewritten: 6
519	524		"(b) No later than 10 days after the time for filing notices of candidacy under the 7
520	525		provisions of G.S. 163-106.2 has expired, the chairman of the State Board of Elections shall 8
521	526		certify to the chairman of the county board of elections in each county in the appropriate district 9
522	527		the names of candidates for nomination to the following offices office of district attorney who 10
523	528		have filed the required notice and pledge and paid the required filing fee to the State Board of 11
524	529		Elections, so that their names may be printed on the official county ballots: Superior court judge, 12
525	530		district court judge, and district attorney.ballots." 13
526	531		SECTION 2.11. G.S. 163-111(c)(1) reads as rewritten: 14
527	532		"(1) A candidate who is apparently entitled to demand a second primary, according 15
528	533		to the unofficial results, for one of the offices listed below, and desiring to do 16
529	534		so, shall file a request for a second primary in writing with the Executive 17
530	535		Director of the State Board of Elections no later than 12:00 noon on the ninth 18
531	536		day (including Saturdays and Sundays) following the date on which the 19
532	537		primary was conducted, and such request shall be subject to the certification 20
533	538		of the official results by the State Board of Elections. If the vote certification 21
534	539		by the State Board of Elections determines that a candidate who was not 22
535	540		originally thought to be eligible to call for a second primary is in fact eligible 23
536	541		to call for a second primary, the Executive Director of the State Board of 24
537	542		Elections shall immediately notify such candidate and permit the candidate to 25
538	543		exercise any options available to the candidate within a 48-hour period 26
539	544		following the notification: 27
540	545		Governor, 28
541	546		Lieutenant Governor, 29
542	547		All State executive officers, 30
543	548		Justices, Judges, or District Attorneys of the General Court of Justice, 31
544	549		United States Senators, 32
545	550		Members of the United States House of Representatives, 33
546	551		State Senators in multi-county senatorial districts, and 34
547	552		Members of the State House of Representatives in multi-county representative 35
548	553		districts." 36
549	554		SECTION 2.12. G.S. 163-114 reads as rewritten: 37
550	555		"§ 163-114. Filling vacancies among party nominees occurring after nomination and before 38
551	556		election. 39
552	557		(a) If any person nominated as a candidate of a political party for one of the offices listed 40
553	558		below (either in a primary or convention or by virtue of having no opposition in a primary) dies, 41
554	559		resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general 42
555	560		election, the vacancy shall be filled by appointment according to the following instructions: 43
556	561		Position 44
557	562		President Vacancy is to be filled by 45
558	563		Vice President appointment of national 46
559	564		executive committee of 47
560	565		political party in which 48
561	566		vacancy occurs 49
562	567		50
563	568		Presidential elector or Vacancy is to be filled by ap- 51 General Assembly Of North Carolina Session 2025
564		-	Page 12 ~~Senate Bill 107-First Edition~~
	569	+	Page 12 DRS55004-LUxfe-41A
565	570		alternate elector pointment of State execu- 1
566	571		Any elective State office tive committee of political 2
567	572		United States Senator party in which vacancy occurs 3
568	573		4
569	574		A district office, including: Appropriate district executive 5
570	575		Member of the United committee of political 6
571	576		States House of Repre- party in which vacancy occurs 7
572	577		sentatives 8
573	578		Judge of district court 9
574	579		District Attorney 10
575	580		State Senator in a multi- 11
576	581		county senatorial district 12
577	582		Member of State House of 13
578	583		Representatives in a 14
579	584		multi-county representative district 15
580	585		16
581	586		State Senator in a single- County executive committee 17
582	587		county senatorial district of political party in which 18
583	588		Member of State House of vacancy occurs, provided, in 19
584	589		Representatives in a the case of the State Senator 20
585	590		single-county represen- or State Representative in a 21
586	591		tative district single-county district where 22
587	592		Any elective county office not all the county is located 23
588	593		in that district, then in 24
589	594		voting, only those members of 25
590	595		the county executive committee 26
591	596		who reside within the district 27
592	597		shall votevote. 28
593	598		Judge of superior court in a County executive committee of 29
594	599		single-county judicial political party in which vacancy 30
595	600		district where the district is occurs; provided, in the case of a 31
596	601		the whole county or part of the superior court judge in a single- 32
597	602		county county district where not all 33
598	603		the county is located in that 34
599	604		district, then in voting, only 35
600	605		those members of the county 36
601	606		executive committee who 37
602	607		reside within the district shall 38
603	608		vote 39
604	609		Judge of superior court in a Appropriate district executive 40
605	610		multicounty judicial committee of political party in 41
606	611		district which vacancy occurs. 42
607	612		43
608	613		The party executive making a nomination in accordance with the provisions of this section shall 44
609	614		certify the name of its nominee to the chairman of the board of elections, State or county, that 45
610	615		has jurisdiction over the ballot item under G.S. 163-182.4. If at the time a nomination is made 46
611	616		under this section the general election ballots have already been printed, the provisions of 47
612	617		G.S. 163-165.3(c) shall apply. If a vacancy occurs in a nomination of a political party and that 48
613	618		vacancy arises from a cause other than death and the vacancy in nomination occurs more than 49
614	619		120 days before the general election, the vacancy in nomination may be filled under this section 50 General Assembly Of North Carolina Session 2025
615		-	~~Senate Bill 107-First Edition~~ Page 13
	620	+	DRS55004-LUxfe-41A Page 13
616	621		only if the appropriate executive committee certifies the name of the nominee in accordance with 1
617	622		this paragraph at least 75 days before the general election. 2
618	623		(b) In a county which is partly in a multicounty judicial district, in choosing that county's 3
619	624		member or members of the judicial district executive committee for the multicounty district, only 4
620	625		the county convention delegates or county executive committee members who reside within the 5
621	626		area of the county which is within that multicounty district may vote. 6
622	627		…." 7
623	628		SECTION 2.13. G.S. 163-122 is amended by adding a new subsection to read: 8
624	629		"(c1) This section does not apply to elections under Article 26 of this Chapter." 9
625	630		SECTION 2.14. G.S. 163-123(h) reads as rewritten: 10
626	631		"(h) Certain Elections Excluded. – This section does not apply to the following elections: 11
627	632		(1) Municipal elections or special district elections conducted under Subchapter 12
628	633		IX of this Chapter. 13
629	634		(2) Nonpartisan board of education elections conducted under G.S. 115C-37. 14
630	635		(3) Nonpartisan judicial elections conducted under Subchapter XI of this 15
631	636		Chapter." 16
632	637		SECTION 2.15. G.S. 163-165.5(a)(3) reads as rewritten: 17
633	638		"(3) The names of the candidates as they appear on their notice of candidacy filed 18
634	639		pursuant to G.S. 163-106, 163-106.1, 163-106.2, 163-106.3, 163-106.4, 19
635	640		163-106.5, and 163-106.6, and 163-352, or on petition forms filed in 20
636	641		accordance with G.S. 163-122. No title, appendage, or appellation indicating 21
637	642		rank, status, or position shall be printed on the official ballot in connection 22
638	643		with the candidate's name. Candidates, however, may use the title Mr., Mrs., 23
639	644		Miss, or Ms. Nicknames shall be permitted on an official ballot if used in the 24
640	645		notice of candidacy or qualifying petition, but the nickname shall appear 25
641	646		according to standards adopted by the State Board of Elections. Those 26
642	647		standards shall allow the presentation of legitimate nicknames in ways that do 27
643	648		not mislead the voter or unduly advertise the candidacy. In the case of 28
644	649		candidates for presidential elector, the official ballot shall not contain the 29
645	650		names of the candidates for elector but instead shall contain the nominees for 30
646	651		President and Vice President which the candidates for elector represent. The 31
647	652		State Board of Elections shall establish a review procedure that local boards 32
648	653		of elections shall follow to ensure that candidates' names appear on the official 33
649	654		ballot in accordance with this subdivision." 34
650	655		SECTION 2.16. This Part becomes effective with respect to primaries and elections 35
651	656		held on or after January 1, 2026. 36
652	657		37
653	658		PART III. REESTABLISH NORTH CAROLINA PUBLIC CAMPAIGN FUND 38
654	659		SECTION 3.1. G.S. 163-278.69 is recodified as G.S. 163-278.129. 39
655	660		SECTION 3.2. Chapter 163 of the General Statutes is amended by adding the 40
656	661		following new Article to read: 41
657	662		"Article 22I. 42
658	663		"The North Carolina Public Campaign Fund. 43
659	664		"§ 163-278.120. Purpose of the North Carolina Public Campaign Fund. 44
660	665		The purpose of this Article is to ensure the fairness of democratic elections in North Carolina 45
661	666		and to protect the constitutional rights of voters and candidates from the detrimental effects of 46
662	667		increasingly large amounts of money being raised and spent to influence the outcome of 47
663	668		elections, those effects being especially problematic in elections of the judiciary, since 48
664	669		impartiality is uniquely important to the integrity and credibility of the courts. Accordingly, this 49
665	670		Article reestablishes the North Carolina Public Campaign Fund as an alternative source of 50
666	671		campaign financing for candidates who demonstrate public support and voluntarily accept strict 51 General Assembly Of North Carolina Session 2025
667		-	Page 14 ~~Senate Bill 107-First Edition~~
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668	673		fundraising and spending limits. This Article is available to candidates for justice of the Supreme 1
669	674		Court and judge of the Court of Appeals in elections to be held in 2026 and thereafter. 2
670	675		"§ 163-278.121. Definitions. 3
671	676		The following definitions apply in this Article: 4
672	677		(1) Board. – The State Board of Elections. 5
673	678		(2) Candidate. – An individual who becomes a candidate as described in 6
674	679		G.S. 163-278.6. The term includes a political committee authorized by the 7
675	680		candidate for that candidate's election. 8
676	681		(3) Certified candidate. – A candidate running for office who chooses to receive 9
677	682		campaign funds from the Fund and who is certified under 10
678	683		G.S. 163-278.123(c). 11
679	684		(4) Contested primary and contested general election. – An election in which 12
680	685		there are more candidates than the number to be elected. A distribution from 13
681	686		the Fund pursuant to this Article is not a "contribution" and is not subject to 14
682	687		the limitations of G.S. 163-278.13 or the prohibitions of G.S. 163-278.15 or 15
683	688		G.S. 163-278.19. 16
684	689		(5) Contribution. – Defined in G.S. 163-278.6. A distribution from the Fund 17
685	690		pursuant to this Article is not a "contribution" and is not subject to the 18
686	691		limitations of G.S. 163-278.13 or the prohibitions of G.S. 163-278.15 or 19
687	692		G.S. 163-278.19. 20
688	693		(6) Electioneering communication. – As defined in G.S. 163-278.6, except that it 21
689	694		is made during the period beginning 30 days before absentee ballots become 22
690	695		available for a primary and ending on primary election day and during the 23
691	696		period 60 days before absentee ballots become available for a general election 24
692	697		and ending on general election day. 25
693	698		(7) Expenditure. – Defined in G.S. 163-278.6. 26
694	699		(8) Fund. – The North Carolina Public Campaign Fund established in 27
695	700		G.S. 163-278.122. 28
696	701		(9) Independent expenditure. – Defined in G.S. 163-278.6. 29
697	702		(10) Maximum qualifying contributions. – An amount of qualifying contributions 30
698	703		equal to 60 times the filing fee for candidacy for the office. 31
699	704		(11) Minimum qualifying contributions. – An amount of qualifying contributions 32
700	705		equal to 30 times the filing fee for candidacy for the office. 33
701	706		(12) Nonparticipating candidate. – A candidate running for office who is not 34
702	707		seeking to be certified under G.S. 163-278.123(c). 35
703	708		(13) Office. – A position on the North Carolina Court of Appeals or North Carolina 36
704	709		Supreme Court. 37
705	710		(14) Participating candidate. – A candidate for office who has filed a declaration 38
706	711		of intent to participate under G.S. 163-278.123. 39
707	712		(15) Political committee. – Defined in G.S. 163-278.6. 40
708	713		(16) Qualifying contribution. – A contribution of not less than ten dollars ($10.00) 41
709	714		and not more than five hundred dollars ($500.00) in the form prescribed for 42
710	715		noncash monetary contributions in G.S. 163-278.14(b) to the candidate or the 43
711	716		candidate's committee that meets both of the following conditions: 44
712	717		a. Made by an individual who is a registered voter in this State at the time 45
713	718		of the submittal of the report specified in G.S. 163-278.123(c). 46
714	719		b. Made during the qualifying period and obtained with the approval of 47
715	720		the candidate or the candidate's committee. 48
716	721		(17) Qualifying period. – The period beginning September 1 in the year before the 49
717	722		election and ending on the day of the primary of the election year. 50
718	723		(18) Referendum committee. – Defined in G.S. 163-278.6. 51 General Assembly Of North Carolina Session 2025
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720	725		(19) Trigger for matching funds. – The dollar amount at which matching funds are 1
721	726		released for certified candidates. In the case of a primary, the trigger equals 2
722	727		the maximum qualifying contributions for participating candidates. In the case 3
723	728		of a contested general election, the trigger equals the base level of funding 4
724	729		available under G.S. 163-278.125(b)(4). 5
725	730		"§ 163-278.122. North Carolina Public Campaign Fund established; sources of funding. 6
726	731		(a) Establishment of Fund. – The North Carolina Public Campaign Fund is established to 7
727	732		finance the election campaigns of certified candidates for office and to pay administrative and 8
728	733		enforcement costs of the Board related to this Article. The Fund is a special, dedicated, 9
729	734		nonlapsing, nonreverting fund. All expenses of administering this Article, including production 10
730	735		and distribution of the Voter Guide required by G.S. 163-278.129 and personnel and other costs 11
731	736		incurred by the Board, including public education about the Fund, shall be paid from the Fund 12
732	737		and not from the General Fund. Any interest generated by the Fund is credited to the Fund. The 13
733	738		Board shall administer the Fund. 14
734	739		(b) Sources of Funding. – Money received from all of the following sources shall be 15
735	740		deposited in the Fund: 16
736	741		(1) Designations made to the Fund by individual taxpayers pursuant to 17
737	742		G.S. 105-159.2. 18
738	743		(2) Fund revenues distributed for an election that remain unspent or uncommitted 19
739	744		at the time the recipient is no longer a certified candidate in the election. 20
740	745		(3) Money ordered returned to the Fund in accordance with G.S. 163-278.128. 21
741	746		(4) Voluntary donations made directly to the Fund. Corporations, other business 22
742	747		entities, labor unions, and professional associations may make donations to 23
743	748		the Fund. 24
744	749		(5) Money collected from the fifty dollar ($50.00) surcharge on attorney 25
745	750		membership fees in G.S. 84-34. 26
746	751		(c) Determination of Fund Amount. – By October 1, 2026, and every two years thereafter, 27
747	752		the State Board shall prepare and provide to the Joint Legislative Elections Oversight Committee 28
748	753		a report documenting, evaluating, and making recommendations relating to the administration, 29
749	754		implementation, and enforcement of this Article. In its report, the Board shall set out the funds 30
750	755		received to date and the expected needs of the Fund for the next election. 31
751	756		"§ 163-278.123. Requirements for participation; certification of candidates. 32
752	757		(a) Declaration of Intent to Participate. – Any individual choosing to receive campaign 33
753	758		funds from the Fund shall first file with the Board a declaration of intent to participate under this 34
754	759		Article as a candidate for a stated office. The declaration of intent shall be filed before or during 35
755	760		the qualifying period and before collecting any qualifying contributions. In the declaration, the 36
756	761		candidate shall swear or affirm that only one political committee, identified with its treasurer, 37
757	762		shall handle all contributions, expenditures, and obligations for the participating candidate and 38
758	763		that the candidate will comply with the contribution and expenditure limits set forth in subsection 39
759	764		(d) of this section and all other requirements set forth in this Article or adopted by the Board. 40
760	765		Failure to comply is a violation of this Article. 41
761	766		(b) Demonstration of Support of Candidacy. – Participating candidates who seek 42
762	767		certification to receive campaign funds from the Fund shall first, during the qualifying period, 43
763	768		obtain qualifying contributions from at least 350 registered voters in an aggregate sum that at 44
764	769		least equals the amount of minimum qualifying contributions described in G.S. 163-278.121(11) 45
765	770		but that does not exceed the amount of maximum qualifying contributions described in 46
766	771		G.S. 163-278.121(10). 47
767	772		No payment, gift, anything of value, or the opportunity to win anything of value shall be 48
768	773		given in exchange for a qualifying contribution. 49 General Assembly Of North Carolina Session 2025
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770	775		(c) Certification of Candidates. – Upon receipt of a submittal of the record of 1
771	776		demonstrated support by a participating candidate, the Board shall determine whether or not the 2
772	777		candidate has complied with all of the following requirements: 3
773	778		(1) Signed and filed a declaration of intent to participate in this Article. 4
774	779		(2) Submitted a report itemizing the appropriate number of qualifying 5
775	780		contributions received from registered voters, which the Board shall verify 6
776	781		through a random sample or other means it adopts. The report shall include 7
777	782		the county of residence of each registered voter listed. 8
778	783		(3) Filed a valid notice of candidacy pursuant to Article 26 of this Chapter. 9
779	784		(4) Otherwise met the requirements for participation in this Article. 10
780	785		The Board shall certify candidates complying with the requirements of this section as soon 11
781	786		as possible and no later than five business days after receipt of a satisfactory record of 12
782	787		demonstrated support. 13
783	788		(d) Restrictions on Contributions and Expenditures for Participating and Certified 14
784	789		Candidates. – The following restrictions shall apply to contributions and expenditures with 15
785	790		respect to participating and certified candidates: 16
786	791		(1) Beginning January 1 of the year before the election and before the filing of a 17
787	792		declaration of intent, a candidate for office may accept in contributions up to 18
788	793		ten thousand dollars ($10,000) from sources and in amounts permitted by 19
789	794		Article 22A of this Chapter and may expend up to ten thousand dollars 20
790	795		($10,000) for any campaign purpose. A candidate who exceeds either of these 21
791	796		limits shall be ineligible to file a declaration of intent or receive funds from 22
792	797		the Fund. 23
793	798		(2) From the filing of a declaration of intent through the end of the qualifying 24
794	799		period, a candidate may accept only qualifying contributions, contributions 25
795	800		under ten dollars ($10.00) from North Carolina voters, and personal and 26
796	801		family contributions permitted under subdivision (4) of this subsection. The 27
797	802		total contributions the candidate may accept during this period shall not 28
798	803		exceed the maximum qualifying contributions for that candidate. In addition 29
799	804		to these contributions, the candidate may only expend during this period the 30
800	805		remaining money raised pursuant to subdivision (1) of this subsection and 31
801	806		possible matching funds received pursuant to G.S. 163-278.127. Except for 32
802	807		personal and family contributions permitted under subdivision (4) of this 33
803	808		subsection, multiple contributions from the same contributor to the same 34
804	809		candidate shall not exceed five hundred dollars ($500.00). 35
805	810		(3) After the qualifying period and through the date of the general election, the 36
806	811		candidate shall expend only the funds the candidate receives from the Fund 37
807	812		pursuant to G.S. 163-278.125(b)(4) plus any funds remaining from the 38
808	813		qualifying period and possible matching funds. 39
809	814		(4) During the qualifying period, the candidate may contribute up to one thousand 40
810	815		dollars ($1,000) of that candidate's own money to the campaign. Debt incurred 41
811	816		by the candidate for a campaign expenditure shall count toward that limit. The 42
812	817		candidate may accept in contributions one thousand dollars ($1,000) from 43
813	818		each member of that candidate's family consisting of spouse, parent, child, 44
814	819		brother, and sister. Up to five hundred dollars ($500.00) of a contribution from 45
815	820		the candidate's family member may be treated as a qualifying contribution if 46
816	821		it meets the requirements of G.S. 163-278.121(16)a. and b. 47
817	822		(5) A candidate and the candidate's committee shall limit the use of all revenues 48
818	823		permitted by this subsection to expenditures for campaign-related purposes 49
819	824		only. The Board shall publish guidelines outlining permissible 50
820	825		campaign-related expenditures. In establishing those guidelines, the Board 51 General Assembly Of North Carolina Session 2025
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822	827		shall differentiate expenditures that reasonably further a candidate's campaign 1
823	828		from expenditures for personal use that would be incurred in the absence of 2
824	829		the candidacy. In establishing the guidelines, the Board shall review relevant 3
825	830		provisions of the Federal Election Campaign Act, and rules adopted pursuant 4
826	831		to it, and similar provisions in other states. 5
827	832		(6) Any contribution received by a participating or certified candidate that falls 6
828	833		outside that permitted by this subsection shall be returned to the donor as soon 7
829	834		as practicable. Contributions intentionally made, solicited, or accepted in 8
830	835		violation of this Article are subject to civil penalties as specified in 9
831	836		G.S. 163-278.128. The funds involved shall be forfeited to the Civil Penalty 10
832	837		and Forfeiture Fund. 11
833	838		(7) A candidate shall return to the Fund any amount distributed for an election 12
834	839		that is unspent and uncommitted at the date of the election, or at the time the 13
835	840		individual ceases to be a certified candidate, whichever occurs first. For 14
836	841		accounting purposes, all qualifying, personal, and family contributions shall 15
837	842		be considered spent before revenue from the Fund is spent or committed. 16
838	843		(e) Revocation. – A candidate may revoke, in writing to the Board, a decision to 17
839	844		participate in the Fund at any time before the deadline set by the Board for the candidate's 18
840	845		submission of information for the Voter Guide described in G.S. 163-278.129. After a timely 19
841	846		revocation, that candidate may accept and expend outside the limits of this Article without 20
842	847		violating this Article. Within 10 days after revocation, a candidate shall return to the State Board 21
843	848		all money received from the Fund. 22
844	849		"§ 163-278.124. Special participation provisions for candidates in vacancy elections. 23
845	850		(a) Participation Provisions Modified. – Candidates involved in elections described in 24
846	851		G.S. 163-358 may participate in the Fund subject to the provisions of G.S. 163-278.123 as 25
847	852		modified by this section. The Board shall adapt other provisions of this Article, including 26
848	853		G.S. 163-278.127, to those elections. 27
849	854		(b) Qualifying. – The Board shall designate a special qualifying period of no less than 28
850	855		four weeks for these candidates, beginning at the close of the notice-of-candidacy filing period. 29
851	856		To receive certification, a participating candidate shall raise at least 225 qualifying contributions, 30
852	857		totaling at least 20 times the amount of the filing fee for the office, for a four-week qualifying 31
853	858		period. If the Board sets a longer qualifying period, then for each additional week that the 32
854	859		qualifying period extends beyond four weeks, the minimum number of qualifying contributions 33
855	860		required for certification shall increase by 25 and the minimum amount of the qualifying 34
856	861		contributions shall increase by two times the filing fee. The minimum qualifying contributions 35
857	862		shall not exceed the limit set by G.S. 163-278.123(b). 36
858	863		(c) Allocations. – Certified candidates shall receive one percent (1%) of the funding to 37
859	864		which they would be eligible under G.S. 163-278.125 times the number of calendar days between 38
860	865		the end of the special qualifying period and the day of the general election. That amount shall 39
861	866		not exceed one hundred percent (100%) of the funding to which they would be eligible under 40
862	867		G.S. 163-278.125. 41
863	868		"§ 163-278.125. Distribution from the Fund. 42
864	869		(a) Timing of Fund Distribution. – The Board shall distribute to a certified candidate 43
865	870		revenue from the Fund in an amount determined under subdivision (b)(4) of this section within 44
866	871		five business days after the certified candidate's name is approved to appear on the ballot in a 45
867	872		contested general election but no earlier than five business days after the primary. 46
868	873		(b) Amount of Fund Distribution. – By August 1, 2026, and no less frequently than every 47
869	874		two years thereafter, the Board shall determine the amount of funds, rounded to the nearest one 48
870	875		hundred dollars ($100.00), to be distributed to certified candidates as follows: 49
871	876		(1) Uncontested primaries. – No funds shall be distributed. 50 General Assembly Of North Carolina Session 2025
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873	878		(2) Contested primaries. – No funds shall be distributed except as provided in 1
874	879		G.S. 163-278.127. 2
875	880		(3) Uncontested general elections. – No funds shall be distributed. 3
876	881		(4) Contested general elections. – Funds shall be distributed to a certified 4
877	882		candidate for a position on the Court of Appeals in an amount equal to 125 5
878	883		times the candidate's filing fee as set forth in G.S. 163-353. Funds shall be 6
879	884		distributed to a certified candidate for a position on the Supreme Court in an 7
880	885		amount equal to 175 times the candidate's filing fee as set forth in 8
881	886		G.S. 163-353. 9
882	887		(c) Method of Fund Distribution. – The Board, in consultation with the State Treasurer 10
883	888		and the State Controller, shall develop a rapid, reliable method of conveying funds to certified 11
884	889		candidates. In all cases, the Board shall distribute funds to certified candidates in a manner that 12
885	890		is expeditious, ensures accountability, and safeguards the integrity of the Fund. If the money in 13
886	891		the Fund is insufficient to fully fund all certified candidates, then the available money shall be 14
887	892		distributed proportionally, according to each candidate's eligible funding, and the candidate may 15
888	893		raise additional money in the same manner as a noncertified candidate for the same office up to 16
889	894		the unfunded amount of the candidate's eligible funding. 17
890	895		"§ 163-278.126. Reporting requirements. 18
891	896		(a) Reporting by Noncertified Candidates and Other Entities. – Any noncertified 19
892	897		candidate with a certified opponent shall report total contributions received to the Board by 20
893	898		facsimile machine or electronically within 24 hours after the total amount of contributions 21
894	899		received exceeds eighty percent (80%) of the trigger for matching funds as defined in 22
895	900		G.S. 163-278.121(19). Any entity making independent expenditures in support of or opposition 23
896	901		to a certified candidate or in support of a candidate opposing a certified candidate, or paying for 24
897	902		electioneering communications, referring to one of those candidates, shall report the total 25
898	903		expenditures or payments made to the Board by facsimile machine or electronically within 24 26
899	904		hours after the total amount of expenditures or payments made for the purpose of making the 27
900	905		independent expenditures or electioneering communications exceed five thousand dollars 28
901	906		($5,000). After the initial 24-hour filing, the noncertified candidate or other reporting entity shall 29
902	907		comply with an expedited reporting schedule. The schedule and forms for reports required by 30
903	908		this subsection shall be supplied by the Board. 31
904	909		(b) Reporting by Participating and Certified Candidates. – Notwithstanding other 32
905	910		provisions of law, participating and certified candidates shall report any money received, 33
906	911		including all previously unreported qualifying contributions, all campaign expenditures, 34
907	912		obligations, and related activities to the Board according to procedures developed by the Board. 35
908	913		A certified candidate who ceases to be certified or ceases to be a candidate or who loses an 36
909	914		election shall file a final report with the Board and return any unspent revenues received from 37
910	915		the Fund. In developing these procedures, the Board shall utilize existing campaign reporting 38
911	916		procedures whenever practical. 39
912	917		(c) Timely Access to Reports. – The Board shall ensure prompt public access to the 40
913	918		reports received in accordance with this Article. The Board may utilize electronic means of 41
914	919		reporting and storing information. 42
915	920		"§ 163-278.127. Matching funds. 43
916	921		(a) When Matching Funds Become Available. – When any report or group of reports 44
917	922		shows that "funds in opposition to a certified candidate or in support of an opponent to that 45
918	923		candidate" as described in this section exceed the trigger for matching funds as defined in 46
919	924		G.S. 163-278.121(19), the Board shall issue immediately to that certified candidate an additional 47
920	925		amount equal to the reported excess within the limits set forth in this section. "Funds in opposition 48
921	926		to a certified candidate or in support of an opponent to that candidate" shall be equal to the sum 49
922	927		of subdivisions (1) and (2) of this subsection as follows: 50
923	928		(1) The greater of the following: 51 General Assembly Of North Carolina Session 2025
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925	930		a. Campaign expenditures or obligations made, or funds raised or 1
926	931		borrowed, whichever is greater, reported by any one nonparticipating 2
927	932		candidate who is an opponent of a certified candidate. Where a 3
928	933		certified candidate has more than one nonparticipating candidate as an 4
929	934		opponent, the measure shall be taken from the nonparticipating 5
930	935		candidate showing the highest relevant dollar amount. 6
931	936		b. The funds distributed in accordance with G.S. 163-278.125(b) to a 7
932	937		certified opponent of the certified candidate. 8
933	938		(2) The aggregate total of all expenditures and payments reported in accordance 9
934	939		with G.S. 163-278.126(a) of entities making independent expenditures or 10
935	940		electioneering communications in opposition to the certified candidate or in 11
936	941		support of any opponent of that certified candidate. 12
937	942		(b) Limit on Matching Funds Before Date of Primary. – Total matching funds to a 13
938	943		certified candidate before the date of the primary shall be limited to an amount equal to two times 14
939	944		the maximum qualifying contributions for the office sought. Matching funds are available to a 15
940	945		certified candidate with an opponent in the primary or to a certified candidate who is clearly 16
941	946		referred to in expenditures reportable under G.S. 163-278.125 made in opposition to that 17
942	947		candidate. 18
943	948		(c) Limit on Matching Funds in Contested General Election. – Total matching funds to a 19
944	949		certified candidate in a contested general election shall be limited to an amount equal to two 20
945	950		times the amount described in G.S. 163-278.125(b)(4). 21
946	951		(d) Expedited Distribution of Matching Funds. – When a candidate becomes entitled to 22
947	952		any amount of matching funds under subsection (a) of this section, the Board shall authorize the 23
948	953		issuance of that amount to the candidate as soon as practicable. The Department of 24
949	954		Administration shall transfer that amount to the candidate as soon as practicable and in no event 25
950	955		later than 12 hours after receiving notice from the Board that the candidate has become entitled 26
951	956		to it. The Department of Administration shall develop a method of rapidly transferring funds to 27
952	957		a candidate or otherwise fulfilling the requirements of this subsection in conjunction with the 28
953	958		Board. The candidate shall return to the Board as soon as practicable any amount of the matching 29
954	959		funds that the candidate has not spent at the date of the election or at the time the individual 30
955	960		ceases to be a certified candidate, whichever occurs first. 31
956	961		(e) Determinations by Board. – In the case of electioneering communications, the Board 32
957	962		shall determine which candidate, if any, is entitled to receive matching funds as a result of the 33
958	963		communication. The Board shall issue matching funds based on the communication only if it 34
959	964		ascertains that the communication is susceptible of no reasonable interpretation other than as an 35
960	965		appeal to vote for or against a specific candidate. In making its determination, the Board shall 36
961	966		not consider evidence external to the communication itself of the intent of the sponsor or the 37
962	967		effect of the communication. The Board shall notify each candidate it determines is entitled to 38
963	968		receive matching funds based on those communications, the sponsor of those communications, 39
964	969		and any candidate who is an opponent of the candidate it determines is entitled to the matching 40
965	970		funds. The Board shall give the sponsor of the communication and any opposing candidate an 41
966	971		adequate opportunity to rebut the determination of the Board. In considering the rebuttal, all 42
967	972		candidates in the race and the sponsor shall be given adequate and equal opportunity to be heard. 43
968	973		The Board shall adopt procedures for implementing this subsection, balancing in those 44
969	974		procedures adequacy of opportunity to rebut and adequacy and equality of opportunity to be 45
970	975		heard on the rebuttal with the need to expedite the decision on awarding matching funds. The 46
971	976		Board shall distribute the matching funds, if any, at the conclusion of its process. 47
972	977		(f) Proportional Measuring of Multicandidate Communications. – In calculating the 48
973	978		amount of matching funds a certified candidate is eligible to receive under this section, the Board 49
974	979		shall include the proportion of expenditures, obligations, or payments for multicandidate 50
975	980		communications that pertain to the candidate. 51 General Assembly Of North Carolina Session 2025
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977	982		(g) No Matching Funds for Certain Communications Involving All Candidates. – No 1
978	983		matching funds are available under this section as a result of an expenditure that supports all 2
979	984		candidates for the same office or opposes all candidates for the same office. No matching funds 3
980	985		are available under this section as a result of an electioneering communication that the Board 4
981	986		ascertains is susceptible of no reasonable interpretation other than as an appeal to vote for all 5
982	987		candidates for the same office or to vote against all candidates for the same office. 6
983	988		"§ 163-278.128. Civil penalty. 7
984	989		In addition to any other penalties that may be applicable, any individual, political committee, 8
985	990		or other entity that violates any provision of this Article is subject to a civil penalty of up to ten 9
986	991		thousand dollars ($10,000) per violation or three times the amount of any financial transactions 10
987	992		involved in the violation, whichever is greater. In addition to any fine, for good cause shown, a 11
988	993		candidate found in violation of this Article may be required to return to the Fund all amounts 12
989	994		distributed to the candidate from the Fund. If the Board makes a determination that a violation 13
990	995		of this Article has occurred, the Board shall calculate and assess the amount of the civil penalty 14
991	996		and shall notify the entity that is assessed the civil penalty of the amount that has been assessed. 15
992	997		The Board shall then proceed in the manner prescribed in G.S. 163-278.34. In determining 16
993	998		whether or not a candidate is in violation of this Article, the Board may consider as a mitigating 17
994	999		factor any circumstances out of the candidate's control." 18
995	1000		SECTION 3.3. G.S. 84-34 reads as rewritten: 19
996	1001		"§ 84-34. Membership fees and list of members. 20
997	1002		(a) Every active member of the North Carolina State Bar shall, prior to the first day of 21
998	1003		July of each year, pay to the secretary-treasurer an annual membership fee in an amount 22
999	1004		determined by the Council but not to exceed three hundred twenty-five dollars 23
1000	1005		($325.00).($325.00), plus a surcharge of fifty dollars ($50.00) for the implementation of Article 24
1001	1006		22I of Chapter 163 of the General Statutes. 25
1002	1007		… 26
1003	1008		(c) The fees shall be disbursed by the secretary-treasurer on the order of the Council. The 27
1004	1009		fifty dollar ($50.00) surcharge shall be sent on a monthly schedule to the State Board of Elections. 28
1005	1010		The secretary-treasurer shall annually, at a time and in a law magazine or daily newspaper to be 29
1006	1011		prescribed by the Council, publish an account of the financial transactions of the Council in a 30
1007	1012		form to be prescribed by it. The secretary-treasurer shall compile and keep currently correct from 31
1008	1013		the names and mailing addresses forwarded to the secretary-treasurer and from any other 32
1009	1014		available sources of information a list of members of the North Carolina State Bar and furnish to 33
1010	1015		the clerk of the superior court in each county, not later than the first day of October in each year, 34
1011	1016		a list showing the name and address of each attorney for that county who has not complied with 35
1012	1017		the provisions of this Article. The name of each of the active members who are in arrears in the 36
1013	1018		payment of membership fees shall be furnished to the presiding judge by the clerk of the superior 37
1014	1019		court of each county wherein the member or members reside, and the court shall thereupon take 38
1015	1020		action that is necessary and proper. The names and addresses of attorneys so certified shall be 39
1016	1021		kept available to the public. The Secretary of Revenue is hereby directed to supply the 40
1017	1022		secretary-treasurer, from records of license tax payments, with any information for which the 41
1018	1023		secretary-treasurer may call in order to enable the secretary-treasurer to comply with this 42
1019	1024		requirement. 43
1020	1025		The list submitted to several clerks of the superior court shall also be submitted to the Council 44
1021	1026		and it shall take the action thereon that is necessary and proper." 45
1022	1027		SECTION 3.4. G.S. 105-159.2 is reenacted as it existed immediately before its 46
1023	1028		repeal and reads as rewritten: 47
1024	1029		"§ 105-159.2. Designation of tax to North Carolina Public Campaign Fund. 48
1025	1030		(a) Allocation to the North Carolina Public Campaign Fund. – To ensure the financial 49
1026	1031		viability of the North Carolina Public Campaign Fund established in Article 22D 22I of Chapter 50
1027	1032		163 of the General Statutes, the Department must allocate to that Fund three dollars ($3.00) from 51 General Assembly Of North Carolina Session 2025
1028		-	~~Senate Bill 107-First Edition~~ Page 21
	1033	+	DRS55004-LUxfe-41A Page 21
1029	1034		the income taxes paid each year by each individual with an income tax liability of at least that 1
1030	1035		amount, if the individual agrees. A taxpayer must be given the opportunity to indicate an 2
1031	1036		agreement or objection to that allocation in the manner described in subsection (b) of this section. 3
1032	1037		In the case of a married couple filing a joint return, each individual must have the option of 4
1033	1038		agreeing or objecting to the allocation. The amounts allocated under this subsection to the Fund 5
1034	1039		must be credited to it on a monthly basis. 6
1035	1040		…." 7
1036	1041		SECTION 3.5. G.S. 163-278.5 reads as rewritten: 8
1037	1042		"§ 163-278.5. Scope of Article; severability. 9
1038	1043		The provisions of this Article apply to primaries and elections for North Carolina offices and 10
1039	1044		to North Carolina referenda and do not apply to primaries and elections for federal offices or 11
1040	1045		offices in other States or to non-North Carolina referenda. Any provision in this Article that 12
1041	1046		regulates a non-North Carolina entity does so only to the extent that the entity's actions affect 13
1042	1047		elections for North Carolina offices or North Carolina referenda. 14
1043	1048		The provisions of this Article are severable. If any provision is held invalid by a court of 15
1044	1049		competent jurisdiction, the invalidity does not affect other provisions of the Article that can be 16
1045	1050		given effect without the invalid provision. 17
1046	1051		This section applies to Articles and [Article] 22I and 22M of the General Statutes to the same 18
1047	1052		extent that it applies to this Article." 19
1048	1053		SECTION 3.6. G.S. 163-278.13 is amended by adding a new subsection to read: 20
1049	1054		"(k) In order to make meaningful the provisions of Article 22I of this Chapter, the 21
1050	1055		following provisions shall apply with respect to candidates for justice of the Supreme Court and 22
1051	1056		judge of the Court of Appeals: 23
1052	1057		(1) No candidate shall accept, and no contributor shall make to that candidate, a 24
1053	1058		contribution in any election exceeding one thousand dollars ($1,000), except 25
1054	1059		as provided for elsewhere in this subsection. 26
1055	1060		(2) A candidate may accept, and a family contributor may make to that candidate, 27
1056	1061		a contribution not exceeding two thousand dollars ($2,000) in an election if 28
1057	1062		the contributor is that candidate's parent, child, brother, or sister. 29
1058	1063		As used in this subsection, "candidate" is also a political committee authorized by the 30
1059	1064		candidate for that candidate's election. Nothing in this subsection shall prohibit a candidate or 31
1060	1065		the spouse of that candidate from making a contribution or loan secured entirely by that 32
1061	1066		individual's assets to that candidate's own campaign." 33
1062	1067		SECTION 3.7. Section 38.1(a) of S.L. 2013-381 reads as rewritten: 34
1063	1068		"SECTION 38.1.(a) Article 22D of Chapter 163 of the General Statutes is repealed, except 35
1064	1069		that G.S. 163-278.69 is repealed effective upon exhaustion of the funds for publication of the 36
1065	1070		Judicial Voter Guide.repealed." 37
1066	1071		SECTION 3.8. Sections 38.1(l), 38.1(m), and 38.1(o) of S.L. 2013-381 are repealed. 38
1067	1072		SECTION 3.9. Section 3.2 of this Part is effective when it becomes law, provided 39
1068	1073		that distributions from the Fund shall begin in the 2026 election year. Section 3.4 of this Part is 40
1069	1074		effective for taxable years beginning on or after January 1, 2026. The remainder of this Part 41
1070	1075		becomes effective January 1, 2026. 42
1071	1076		43
1072	1077		PART IV. SEVERABILITY AND EFFECTIVE DATE 44
1073	1078		SECTION 4.1. The provisions of this act are severable. If any provision of this act 45
1074	1079		is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions 46
1075	1080		of the act that can be given effect without the invalid provision. 47
1076	1081		SECTION 4.2. This Part is effective when it becomes law. Except as otherwise 48
1077	1082		provided, this act is effective when it becomes law. 49