Opt. Top-2 Same-Day Primary Runoff/Elections.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 541

Short Title: Opt. Top-2 Same-Day Primary Runoff/Elections. (Public)
Sponsors: Representatives Morey and Harrison (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
March 27, 2025
*H541-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW POLI TICAL PARTIES THE OP TION OF USING A TOP -TWO, 2
SAME-DAY RUNOFF METHOD IN SELECTED PRIMARIES THAT MAY TRIGGER A 3
RUNOFF. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. Article 10 of Chapter 163 of the General Statutes is amended by adding 6
a new section to read: 7
"§ 163-111.5. Optional top-two, same-day primary runoff method. 8
(a) Purpose. – Notwithstanding any other provision of law to the contrary and except as 9
otherwise required by federal law, the purpose of this section is to establish a method (modeled 10
on the "top-two instant runoff " election to the State Court of Appeals in 2010) for an optional 11
top-two, same-day primary runoff when no candidate receives thirty per cent (30%) of the vote 12
in a primary for designated elected offices. Implementing this method will (i) help assure 13
nominees have broader support, (ii) avoid voters returning to the polls in expensive, low-turnout 14
second primaries, and (iii) allow political parties to optionally use this top-two runoff method in 15
selected primaries that may trigger a runoff. 16
(b) Scope. – The method described in this section shall apply to primaries for any federal 17
or State office, including United States Senate, United States House of Representatives, Council 18
of State, member of the State Senate, member of the State House of Representatives, and elected 19
judicial and county offices. It shall not apply to presidential primaries. 20
(c) Party-Optional Use. – As stipulated in G.S. 163-111, when no candidate has received 21
a substantial plurality of total votes cast in a primary, the second highest-polling candidate may 22
request a runoff. Pursuant to this section, a political party shall have the option to use a top-two, 23
same-day runoff method for a primary if the party determines a divided vote may prevent one 24
candidate from attaining thirty percent (30%) of the vote and trigger a runoff. 25
(d) Top-Two Runoff Method. – In a multicandidate primary selected for a top -two, 26
same-day runoff, a voter may rank up to three candidates in order of preference. If after an initial 27
tabulation no candidate attains thirty percent (30%) of the first -preference votes, the two 28
candidates with the most first-preference votes shall advance to a "runoff." All other candidates 29
are eliminated. The ballots from the eliminated candidates shall be tabulated and those marked 30
with either of the runoff candidates as a second preference shall be counted. Then, the remaining 31
ballots from the eliminated candidates shall be tabulated and those marked with the runoff 32
candidates as a third preference shall be counted. The first -, second-, and third-preference votes 33
shall be added together and the runoff candidate with the most votes shall be declared the winner. 34
Should the General Assembly decide to adjust the substantial plurality requirement, provisions 35
General Assembly Of North Carolina Session 2025
Page 2 House Bill 541-First Edition
of the top -two, same -day primary runoff method shall apply in the same manner to the new 1
threshold. 2
(e) Process to Request Top-Two, Same-Day Runoff. – To request a top-two runoff in a 3
primary, the political party shall file a written request with the Executive Director of the State 4
Board within 21 days after the filing deadline . To request a top -two runoff for a primary in a 5
single-county State Senate or State Hou se of Representatives district or for a county office, the 6
request shall be submitted to the respective county board of elections within 21 days after the 7
filing deadline." 8
SECTION 2. The State Board of Elections (State Board) shall develop an optimal 9
method for conducting and counting a top-two, same-day runoff primary. The State Board shall 10
research and design an easy -to-understand ballot for voters to rank their preferred candidates. 11
The ballot design must interwork with various voting equipment used by different jurisdictions 12
in the State. It should afford voters an easy transition to other races that use the standard voting 13
method. Additionally, the State Board shall develop a program of voter education for using the 14
system. 15
SECTION 3. There is approp riated from the General Fund to the State Auditor, 16
pursuant to Section 3A.2 of S.L. 2024-57, for the State Board of Elections (State Board) the sum 17
of four hundred ten thousand dollars ($410,000) nonrecurring for each year of the 2025 -2027 18
fiscal biennium for implementation, education, and training needed in the development of the 19
optional top-two, same-day primary runoff method as provided by this act. The State Board shall 20
allocate funds appropriated pursuant to this section as follows: 21
(1) The sum of two hundred ten thousand dollars ($210,000) nonrecurring for 22
each year of the 2025 -2027 fiscal biennium for information technology 23
development work related to election reporting and ballot changes to integrate 24
into the current Statewide Elections Information Management System 25
(SEIMS). 26
(2) The sum of two hundred thousand dollars ($200,000) nonrecurring for each 27
year of the 2025 -2027 fiscal biennium for statewide education and training 28
requirements related to implementing the provisions of this act. 29
SECTION 4. Section 3 of this act becomes effective July 1, 2025. The remainder of 30
this act becomes effective December 1, 2025, and applies to elections held on or after that date. 31