Judge Joe John Nonpartisan Jud. Elections Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 107

Short Title: Judge Joe John Nonpartisan Jud. Elections Act. (Public)
Sponsors: Senators Grafstein, Batch, and Chaudhuri (Primary Sponsors).
Referred to: Rules and Operations of the Senate
February 18, 2025
*S107-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REENACT NO NPARTISAN JUDICIAL E LECTIONS, TO MAKE 2
CONFORMING STATUTORY CHANGES RELATING TO REENACTMENT OF 3
NONPARTISAN JUDICIAL ELECTIONS, AND TO R EESTABLISH PUBLIC 4
FINANCING FOR JUDICIAL CAMPAIGNS. 5
Whereas, Representative and former Court of Appeals Judge Joseph Robert (Joe) 6
John was a lifelong public servant and champion of an independent judiciary; and 7
Whereas, Judge John served the people of North Carolina at the highest levels in all 8
three branches of State government; and 9
Whereas, Judge John's broad experience informed his deep understanding of the 10
genius of the separation of powers; and 11
Whereas, Judge John was a man of integrity who understood the importance of a 12
judiciary free from fear or favor; and 13
Whereas, Judge John never wavered in his belief in the central role of a nonpartisan 14
judiciary in upholding our democracy; and 15
Whereas, his experience and values compelled Judge John to introduce a bill each 16
legislative session of his four terms to return North Carolina to the nonpartisan election of judges; 17
and 18
Whereas, the need to restore public confidence in an independent judiciary has never 19
been more urgent; Now, therefore, 20
The General Assembly of North Carolina enacts: 21
22
PART I. REENACT NONPARTISAN JUDICIAL ELECTIONS 23
SECTION 1.1. Chapter 163 of the General Statutes is amended by adding a new 24
Subchapter to read: 25
"SUBCHAPTER XI. ELECTION OF APPELLATE, SUPERIOR, AND DISTRICT 26
COURT JUDGES. 27
"Article 26. 28
"Nomination and Election of Appellate, Superior, and District Court Judges. 29
"§ 163-350. Applicability. 30
The nomination and election of justices of the Supreme Court, judges of the Court of Appeals, 31
and superior and district court judges of the General Court of Justice shall be as provided by this 32
Article. 33
"§ 163-351. Nonpartisan primary election method. 34
(a) General. – Except as provided in G.S. 163-358, there shall be a primary to narrow the 35
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
Page 2 Senate Bill 107-First Edition
there are more than two candidates for a single office or the number of candidates for a group of 1
offices exceeds twice the number of positions to be filled. If only one or two candidates file for 2
a single office, no primary shall be held for that office , and the candidates shall be declared 3
nominated. If the number of candidates for a group of offices does not exceed twice the number 4
of positions to be filled, no primary shall be held for those offices , and the candidates shall be 5
declared nominated. 6
(b) Determination of Nominees. – In the primary, the two candidates for a single office 7
receiving the highest number of votes, and those candidates for a group of offices receiving the 8
highest number of votes, equal to twice the number of positions to be fille d shall be declared 9
nominated. If two or more candidates receiving the highest number of votes each receive the 10
same number of votes, the State Board shall determine their relative ranking by lot and shall 11
declare the nominees accordingly. The canvass of the primary shall be held on the same date as 12
the primary canvass fixed under G.S. 163-182.5. The canvass shall be conducted in accordance 13
with Article 15A of this Chapter. 14
(c) Determination of Election Winners. – In the election, the names of those candida tes 15
declared nominated without a primary and those candidates nominated in the primary shall be 16
placed on the ballot. The candidate for a single office receiving the highest number of votes shall 17
be elected. Those candidates for a group of offices receivin g the highest number of votes, equal 18
in number to the number of positions to be filled, shall be elected. If two candidates receiving the 19
highest number of votes each received the same number of votes, the State Board shall determine 20
the winner by lot. 21
"§ 163-352. Notice of candidacy. 22
(a) Form of Notice. – Each person offering to be a candidate for election shall do so by 23
filing a notice of candidacy with the State Board in the following form, inserting the words in 24
parentheses when appropriate: 25
26
Date: _______________________________ 27
28
I hereby file notice that I am a candidate for election to the office of __________ in the 29
regular election to be held _____________, ____. 30
31
Signed: _____________________________ 32
(Name of Candidate) 33
34
Witness: _______________________________________________________________ 35
36
The notice of candidacy shall be either signed in the presence of the chairman or secretary of 37
the State Board or signed and acknowledged before an officer authorized to take 38
acknowledgments who shall certify the notice under seal. An acknowledged and certified notice 39
may be mailed to the State Board. In signing a notice of candidacy, the candidate shall use only 40
the candidate 's legal name and, in the candidate 's discretion, any nickname by which the 41
candidate is commonly known. A candidate may also, in lieu of that candidate 's first name and 42
legal middle initial or middle name, if any, sign that candidate's nickname, provided the candidate 43
appends to the notice of candidacy an affidavit that the candidate has been commonly known by 44
that nickname for at least five years prior to the date of making the affidavit. The candidate shall 45
also include with the affidavit the way the candidate's name (as permitted by law) should be listed 46
on the ballot if another candidate with the same last name files a notice of candidacy for that 47
office. 48
A notice of candidacy signed by an agent o r any person other than the candidate himself or 49
herself shall be invalid. 50
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Senate Bill 107-First Edition Page 3
(b) Time for Filing Notice of Candidacy. – Candidates seeking election to the following 1
offices shall file their notice of candidacy with the State Board no earlier than 12:00 noon on the 2
first Monday in December and no later than 12:00 noon on the third Fri day in December 3
preceding the election: 4
Justices of the Supreme Court. 5
Judges of the Court of Appeals. 6
Judges of the superior courts. 7
Judges of the district courts. 8
(c) Withdrawal of Notice of Candidacy. – Any person who has filed a notice of candidacy 9
for an office shall have the right to withdraw it at any time prior to the close of business on the 10
third business day prior to the date on which the right to file for that office expires under the 11
terms of subsection (b) of this section. 12
(d) Certificate That Candidate is Registered Voter. – Candidates shall file , along with 13
their notice, a certificate signed by the chairman of the board of elections or the supervisor of 14
elections of the county in which they are registered to vote, stating that the person is registered 15
to vote in that county. In issuing the certificate, the chairman or supervisor shall check the 16
registration records of the county to verify the information. Du ring the period commencing 36 17
hours immediately preceding the filing deadline, the State Board shall accept, on a conditional 18
basis, the notice of candidacy of a candidate who has failed to secure the verification required by 19
this subsection subject to rec eipt of verification no later than three days following the filing 20
deadline. The State Board shall prescribe the form for the certificate and distribute it to each 21
county board of elections no later than the last Monday in December of each odd-numbered year. 22
(e) Candidacy for More Than One Office Prohibited. – No person may file a notice of 23
candidacy for more than one office or group of offices described in subsection (b) of this section, 24
or for an office or group of offices described in subsection (b) of t his section and an office 25
described in G.S. 163-106.2, for any one election. If a person has filed a notice of candidacy with 26
a board of elections under this section or under G.S. 163-106.2 for one office or group of offices, 27
then a notice of candidacy may not later be filed for any other office or group of offices under 28
this section when the election is on the same date unless the notice of candidacy for the first 29
office is withdrawn under subsection (c) of this section. 30
(f) Notice of Candidacy for Certain Offices to Indicate Vacancy. – In any election in 31
which there are two or more vacancies for the office of justice of the Supreme Court , judge of 32
the Court of Appeals, or district court judge to be filled by nominations, each candidate shall, at 33
the time of filing notice of candidacy, file with the State Board a written statement designating 34
the vacancy to which the candidate seeks election. Votes cast for a candidate shall be effective 35
only for election to the vacancy for which the candidate has given notice of candidacy as provided 36
in this subsection. 37
A person seeking election for a specialized district judgeship established under G.S. 7A-147 38
shall, at the time of filing notice of candidacy, file with the State Board a written statement 39
designating the specialized judgeship to which the person seeks nomination. 40
(g) Notice of Candidacy for Superior Court Judge; Residency. – No person may file a 41
notice of candidacy for superior court judge unless that person is at the time of filing the notice 42
of candidacy a resident of the judicial district as it will exist at the time the person would take 43
office if elected. No person may be nominated as a superior court judge under G.S. 163-114 44
unless that person is at the time of nomination a resident of the judicial district as it will exist at 45
the time the person would take office if elected. This subsection implements Section 9(1) of 46
Article IV of the North Carolina Constitution which requir es regular Superior Court Judges to 47
reside in the district for which elected. 48
"§ 163-353. Filing fees required of candidates; refunds. 49
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(a) Fee Schedule. – At the time of filing a notice of candidacy under this Article, each 1
candidate shall pay to the State Board a filing fee for the office the candidate seeks in the amount 2
of one percent (1%) of the annual salary of the office sought. 3
(b) Refund of Fees. – If any person who has filed a notice of candidacy and paid the filing 4
fee prescribed in subsection (a ) of this section withdraws his or her notice of candidacy within 5
the period prescribed in G.S. 163-352(c), the candidate shall be entitled to have the fee the 6
candidate paid refunded. The chairman of the State Board shall cause a warrant to be drawn on 7
the State Treasurer for the refund payment. 8
(c) Refund of Fees Upon Death of Candidate. – If any person who has filed a notice of 9
candidacy and paid the filing fee prescribed in subsection (a) of this section dies prior to the date 10
of the election, the personal representative of the estate shall be entitled to have the fee refunded 11
if application is made to the board of elections to which the fee was paid no later than one year 12
after the date of death and refund shall be made in the same manner as the withdrawal of notice 13
of candidacy. 14
"§ 163-354. Petition in lieu of payment of filing fee. 15
(a) General. – Any qualified voter who seeks election under this Article may, in lieu of 16
payment of any filing fee required for the office sought, file a written petition requesting to be a 17
candidate for a specified office with the State Board. 18
(b) Requirements of Petition; Deadline for Filing. – If the candidate is seeking the office 19
of justice of the Supreme Court, judge of the Court of Appeals, or superior or district court judge, 20
that individual shall file a written petition with the State Board no later t han 12:00 noon on 21
Monday preceding the filing deadline before the primary. If the office is justice of the Supreme 22
Court or judge of the Court of Appeals, the petition shall be signed by 8,000 registered voters in 23
the State. If the office is superior or district court judge, the petition shall be signed by five percent 24
(5%) of the registered voters of the election area in which those registered voters will vote for 25
that office. The board of elections shall verify the names on the petition and, if the petition and 26
notice of candidacy are found to be sufficient, the candidate 's name shall be printed on the 27
appropriate ballot. Petitions shall be presented to the county board of elections for verification at 28
least 15 days before th e petition is due to be filed with the State Board. The State Board may 29
adopt rules to implement this section and to provide standard petition forms. 30
"§ 163-355. Certification of notices of candidacy. 31
(a) Names of Candidates Sent to Secretary of State. – Within three days after the time for 32
filing notices of candidacy with the State Board under the provisions of G.S. 163-352(b) has 33
expired, the chairman or secretary of that Board shall certify to the Secret ary of State the name 34
and address of each person who has filed with the State Board, indicating in each instance the 35
office sought. 36
(b) Notification of Local Boards. – No later than 10 days after the time for filing notices 37
of candidacy under the provision s of G.S. 163-352(b) has expired, the chairman of the State 38
Board shall certify to the chairman of the county board of elections in each county in the 39
appropriate district the names of candidates for nomination to the offices of justice of the 40
Supreme Court, judge of the Court of Appeals , and superior and district court judge who have 41
filed the required notice and paid the required filing fee or presented the required petition to the 42
State Board so that their names may be printed on the official judicial ba llot for justice of the 43
Supreme Court, judge of the Court of Appeals, and superior and district court judge. 44
(c) Receipt of Notification by County Board. – Within two days after receipt of each of 45
the letters of certification from the chairman of the State Board required by subsection (b) of this 46
section, each county board of elections chairman shall acknowledge receipt by letter addressed 47
to the chairman of the State Board. 48
"§ 163-356. Rules when vacancies for superior court judge are to be voted on. 49
If a vacancy occurs in a judicial district for any offices of superior court judge, and on account 50
of the occurrence of the vacancy there is to be an election for one or more terms in that district 51
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Senate Bill 107-First Edition Page 5
to fill the vacancy or vacancies, at that same election in accordance with G.S. 163-9 and Section 1
19 of Article IV of the North Carolina Constitution, the nomination and election shall be 2
determined by the following special rules in addition to any other provisions of law: 3
(1) If the vacancy occurs prior to the o pening of the filing period under 4
G.S. 163-352(b), nominations shall be made by primary election as provided 5
by this Article without designation as to the vacancy. 6
(2) If the vacancy occurs beginning on the opening of the filing period under 7
G.S. 163-352(b) and ending on the sixtieth day before the general election, 8
candidate filing shall be as provided by G.S. 163-358 without designation as 9
to the vacancy. 10
(3) The general election ballot shall contain, without designation as to vacancy, 11
spaces for the elec tion to fill the vacancy where nominations were made or 12
candidates filed under subdivision (1) or (2) of this section. Except as provided 13
in G.S. 163-358, the persons receiving the highest numbers of votes equal to 14
the term or terms to be filled shall be elected to the term or terms. 15
"§ 163-357. Failure of candidates to file; death or other disqualification of a candidate; no 16
withdrawal from candidacy. 17
(a) Insufficient Number of Candidates. – If, when the filing period expires, candidates 18
have not filed for an office to be filled under this Article, the State Board shall extend the filing 19
period for five days for any such offices. 20
(b) Death or Disqualification of Candidate Before Primary. – If a candidate for 21
nomination in a primary dies or becomes disqualified before the primary but after the ballots 22
have been printed, the State Board shall determine whether or not there is time to rep rint the 23
ballots. If the State Board determines that there is not enough time to reprint the ballots, the 24
deceased or disqualified candidate's name shall remain on the ballots. If that candidate receives 25
enough votes for nomination, such votes shall be dis regarded and the candidate receiving the 26
next highest number of votes below the number necessary for nomination shall be declared 27
nominated. If the death or disqualification of the candidate leaves only two candidates for each 28
office to be filled, the nonpartisan primary shall not be held and all candidates shall be declared 29
nominees. 30
(c) Earlier Non-Primary Vacancies; Reopening Filing. – If there is no primary because 31
only one or two candidates have filed for a single office, or the number of candidates fi led for a 32
group of offices does not exceed twice the number of positions to be filled, or if a primary has 33
occurred and eliminated candidates, and thereafter a remaining candidate dies or otherwise 34
becomes disqualified before the election and before the ballots are printed, the State Board shall, 35
upon notification of the death or other disqualification, immediately reopen the filing period for 36
an additional five days during which time additional candidates shall be permitted to file for 37
election. If the bal lots have been printed at the time the State Board receives notice of the 38
candidate's death or other disqualification, the State Board shall determine whether there will be 39
sufficient time to reprint them before the election if the filing period is reopene d for three days. 40
If the State Board determines that there will be sufficient time to reprint the ballots, it shall reopen 41
the filing period for three days to allow other candidates to file for election and that election shall 42
be conducted as provided in G.S. 163-358(b). 43
(d) Later Vacancies; Ballots Not Reprinted. – If the ballots have been printed at the time 44
the State Board receives notice of a candidate 's death or other disqualification, and if the Board 45
determines that there is not enough time to reprin t the ballots before the election if the filing 46
period is reopened for three days, then regardless of the number of candidates remaining for the 47
office or group of offices, the ballots shall not be reprinted and the name of the vacated candidate 48
shall remain on the ballots. If a vacated candidate should poll the highest number of votes in the 49
election for a single office or enough votes to be elected to one of a group of offices, the State 50
Board shall declare the office vacant and it shall be filled in the manner provided by law. 51
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(e) No Withdrawal Permitted of Living, Qualified Candidate After Close of Filing. – 1
After the close of the candidate filing period, a candidate who has filed a notice of candidacy for 2
the office, who has not withdrawn notice before the close of filing as permitted by 3
G.S. 163-352(b), who remains alive, and who has not become disqualified for the office may not 4
withdraw his or her candidacy. That candidate 's name shall remain on the ballot, any votes cast 5
for the candidacy shall be co unted in the primary or election, and if the candidate wins, the 6
candidate may fail to qualify by refusing to take the oath of office. 7
(f) Death, Disqualification, or Failure to Qualify After Election. – If a person elected to 8
the office of justice of the Supreme Court, judge of the Court of Appeals , or superior or district 9
court judge dies or becomes disqualified on or after election day and before the person has 10
qualified by taking the oath of office, or fails to qualify by refusing to take the oath of office, the 11
office shall be deemed vacant and shall be filled as provided by law. 12
"§ 163-358. Elections to fill vacancy in office created after primary filing period opens. 13
(a) General. – If a vacancy is created in the office of justice of the Supreme Court, judge 14
of the Court of Appeals , or judge of superior court after the filing period for the primary opens 15
but more than 60 days before the general election, and under the Constitution of North Carolina 16
an election is to be held for that position, such that the office shall be filled in the general election 17
as provided in G.S. 163-9, the election to fill the office for the remainder of the term shall be 18
conducted without a primary using the method provided in subsection (b) of this section. If a 19
vacancy is created in the office of justice of the Supreme Court, judge of the Court of Appeals , 20
or judge of superior court before the filing period for the primary opens, and under the 21
Constitution of North Carolina an election is to be held for that position, such that the office shall 22
be filled in the general election as provided in G.S. 163-9, the election to fill the office for the 23
remainder of the term shall be conducted in accordance with G.S. 163-351. 24
(b) Method for Vacancy Election. – If a vacancy for the office of justice of the Supreme 25
Court, judge of the Court of Appeals, or judge of superior court occurs more than 60 days before 26
the general election and after the opening of the filing period for the primary, then the State Board 27
shall designate a special filing period of one week for candidates for the office. If more than two 28
candidates file and qualify for the office in accordance with G.S. 163-352, then the Board shall 29
conduct the election for the office as follows: 30
(1) When the vacancy described in this section occurs more than 63 days before 31
the date of the second primary for members of the General Assembly, a special 32
primary shall be held on the same day as the second primary. The two 33
candidates with the most votes in the special primary shall have the ir names 34
placed on the ballot for the general election held on the same day as the general 35
election for members of the General Assembly. 36
(2) When the vacancy described in this section occurs less than 64 days before 37
the date of the second primary, a genera l election for all the candidates shall 38
be held on the same day as the general election for members of the General 39
Assembly and the results shall be determined on a plurality basis as provided 40
by G.S. 163-292. 41
(c) Applicable Provisions. – Except as provide d in this section, the provisions of this 42
Article apply to elections conducted under this section. 43
"§ 163-359. Voting in primary. 44
Any person who will become qualified by age or residence to register and vote in the general 45
election for which the primary i s held, even though not so qualified by the date of the primary, 46
shall be entitled to register for the primary and general election prior to the primary and then to 47
vote in the primary after being registered. The person may register not earlier than 60 day s nor 48
later than the last day for making application to register under G.S. 163-82.6(d) prior to the 49
primary. 50
"§ 163-360. Date of primary. 51
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The primary shall be held on the same date as established for primary elections under 1
G.S. 163-1(b). 2
"§ 163-361. Ballots. 3
(a) General. – In elections there shall be official ballots. The ballots shall be printed to 4
conform to the requirement of G.S. 163-165.6(c) and to show the name of each person who has 5
filed notice of candidacy and the office for which each aspirant is a candidate. 6
Only those who have filed the required notice of candidacy with the proper board of elections, 7
and who have paid the required filing fee or qualified by petition, shall have their names printed 8
on the official primary ballots. Only those candidates properly nominated shall have their names 9
appear on the official general election ballots. 10
(b) Ballots to be Furnished by County Board of Elections. – It shall be the duty of the 11
county board of elections to print official ballots for the following offices to be voted for in the 12
primary: 13
Justice of the Supreme Court. 14
Judge of the Court of Appeals. 15
Superior court judge. 16
District court judge. 17
In printing ballots, the county board of elections shall be governed by instructions of the State 18
Board with regard to width, color, kind of paper, form, and size of type. 19
Three days before the election, the chairman of the county board of elections shall distribute 20
official ballots to the chief judge of each precinct in the chairman's county, and the chief judge 21
shall give a receipt for the ballots received. On the day of the primary, it shall be the chief judge's 22
duty to have all the ballots so delivered available for use at the precinct voting place. 23
"§ 163-362. Counting of ballots. 24
Counting of ballots in primaries and elections held under this Article shall be under the same 25
rules as for counting of ballots in nonpartisan municipal elections under Article 2 4 of this 26
Chapter. 27
"§ 163-363. Other rules. 28
Except as provided by this Article, the conduct of elections shall be governed by Subchapter 29
VI of this Chapter." 30
SECTION 1.2. This Part becomes effective with respect to primaries and elections 31
held on or after January 1, 2026. 32
33
PART II. CONFORMING STATUTORY CHANGES 34
SECTION 2.1. G.S. 18C-112(e)(1) reads as rewritten: 35
"(1) Files a notice of candidacy under G.S. 163-106 through 163 -106.6 or 36
G.S. 163-352 or a petition under G.S. 163-107.1.G.S. 163-107.1 or 37
G.S. 163-354." 38
SECTION 2.2. G.S. 163-1(b) reads as rewritten: 39
"(b) On Tuesday next after the first Monday in March preceding each general election to 40
be held in November for the officers referred to in subsection (a) of this section, there shall be 41
held in all election precincts within the territory for which the officers are to be elected a primary 42
election for the purpose of nominating candidates for each political party in the State for those 43
offices.offices and nonpartisan candidates as to the offices elected under the provisions of Article 44
26 of this Chapter." 45
SECTION 2.3. G.S. 163-22.3 reads as rewritten: 46
"§ 163-22.3. State Board of Elections littering notification. 47
At the time an individual files with the State Board of Elections a notice of candidacy 48
pursuant to G.S. 163-106, 163-112, 163-291, or 163-294.2, or 163-352, is certified to the State 49
Board of Elections by a political party executive committee to fill a nomination vacancy pursuant 50
to G.S. 163-114, is certified to the State Board of Elections by a new political party as that party's 51
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nominee pursuant to G.S . 163-98, qualifies with the State Board of Elections as an unaffiliated 1
or write-in candidate pursuant to Article 11 of this Chapter, or formally initiates a candidacy with 2
the State Board of Elections pursuant to any statute or local act, the State Board of Elections shall 3
notify the candidate of the provisions concerning campaign signs in G.S. 136-32 and 4
G.S. 14-156, and the rules adopted by the Department of Transportation pursuant to 5
G.S. 136-18." 6
SECTION 2.4. G.S. 163-82.10B reads as rewritten: 7
"§ 163-82.10B. Confidentiality of date of birth. 8
Boards of elections shall keep confidential the date of birth of every voter -registration 9
applicant and registered voter, except in the following situations: 10
(1) When a voter has filed notice of candidacy for el ective office under 11
G.S. 163-106, 163 -122, 163 -123, or 163-294.2, or 163 -352, has been 12
nominated as a candidate under G.S. 163-98 or G.S. 163-114, or has otherwise 13
formally become a candidate for elective office. The exception of this 14
subdivision does not extend to an individual who meets the definition of 15
"candidate" only by beginning a tentative candidacy by receiving funds or 16
making payments or giving consent to someone else to receive funds or 17
transfer something of value for the purpose of exploring a candidacy. 18
…." 19
SECTION 2.5. G.S. 163-106.2(a) reads as rewritten: 20
"(a) Candidates seeking party primary nominations for the following offices shall file their 21
notice of candidacy with the State Board no earlier than 12:00 noon on the first Monday in 22
December and no later than 12:00 noon on the third Friday in December preceding the primary: 23
Governor 24
Lieutenant Governor 25
All State executive officers 26
Justices of the Supreme Court 27
Judges of the Court of Appeals 28
Judges of the superior court 29
Judges of the district court 30
United States Senators 31
Members of the House of Representatives of the United States 32
District attorneysattorneys." 33
SECTION 2.6. G.S. 163-106.3 reads as rewritten: 34
"§ 163-106.3. Notice of candidacy for certain offices to indicate vacancy. 35
In any primary in which there are two or more vacancies for associate justices for the Supreme 36
Court, two or more vacancies for the Court of Appeals, two or more vacancies for superior or 37
district court judge, or two vacancies for United States Senator from North Carolina, each 38
candidate shall, at the time of filing notice of candidacy, file with the State Board of Elections a 39
written statement designating the vacancy to which the candidate seeks nomination. The 40
designation shall not be the name or names of any incumbent or other individual but shall be 41
designated as determined by the State Board of Elections. A person seeking election for a 42
specialized district judgeship established under G.S. 7A-147 shall, at the time of filing notice of 43
candidacy, file with the State Board of Elections a written statement designating the specialized 44
judgeship to which the person seeks nomination. Votes cast for a candidate shall be effective 45
only for nomination to the vacancy for which the candidate has given notice of candidacy as 46
provided in this section." 47
SECTION 2.7. G.S. 163-106.5 reads as rewritten: 48
"§ 163-106.5. Certificate of registration to vote in county and party affiliation; cancellation 49
of candidacy; residency requirements for judges.candidacy. 50
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(a) Candidates required to file their notice of candidacy with the State Board of Elections 1
under G.S. 163-106.2 shall file along with their notice a certificate signed by the chairman of the 2
board of elections or the director of elections of the county in which they are registered to vote, 3
stating that the person is registered to vote in that county, if the candidacy is for superior court 4
judge and the county contains more than one superior court district, stating the superior court 5
district of which the person is a resident, stating the party with which the person is affiliated, and 6
that the person has not changed his the person's affiliation from another party or from unaffiliated 7
within three months prior to the filing deadline under G.S. 163-106.2. In issuing such certificate, 8
the chairman or director shall check the registration records of the county to ver ify such 9
information. During the period commencing 36 hours immediately preceding the filing deadline 10
the State Board of Elections shall accept, on a conditional basis, the notice of candidacy of a 11
candidate who has failed to secure the verification ordered herein subject to receipt of verification 12
no later than three days following the filing deadline. The State Board of Elections shall prescribe 13
the form for such certificate, and distribute it to each county board of elections no later than the 14
last Monday in December of each odd-numbered year. 15
(b) When any candidate files a notice of candidacy with a board of elections under 16
G.S. 163-106.2 or under G.S. 163-291(2), the board of elections shall, immediately upon receipt 17
of the notice of candidacy, inspect the registration records of the county, and cancel the notice of 18
candidacy of any person who does not meet the constitutional or statutory qualifications for the 19
office, including residency. 20
The board shall give notice of cancellation to any candidate whos e notice of candidacy has 21
been cancelled under this section by mail or by having the notice served on him the candidate by 22
the sheriff, and to any other candidate filing for the same office. A candidate who has been 23
adversely affected by a cancellation or another candidate for the same office affected by a 24
substantiation under this section may request a hearing on the cancellation. If the candidate 25
requests a hearing, the hearing shall be conducted in accordance with Article 11B of this Chapter. 26
(c) No person may file a notice of candidacy for superior court judge, unless that person 27
is, at the time of filing the notice of candidacy, a resident of the judicial district as it will exist at 28
the time the person would take office if elected. No person may be nominated as a superior court 29
judge under G.S. 163-114, unless that person is, at the time of nomination, a resident of the 30
judicial district as it will exist at the time the person would take office if elected. This subsection 31
implements Section 9(1) of Article IV of the North Carolina Constitution, which requires regular 32
superior court judges to reside in the district for which elected." 33
SECTION 2.8. G.S. 163-107(a) reads as rewritten: 34
"(a) Fee Schedule. – At the time of filing a notice of candidacy, each c andidate shall pay 35
to the board of elections with which the candidate files under the provisions of G.S. 163-106, 36
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
sought in the amount specified in the following tabulation: 38
Office Sought Amount of Filing Fee 39
Governor One percent (1%) of the annual salary of the office 40
sought 41
Lieutenant Governor One percent (1%) of the annual salary of the office 42
sought 43
All State executive offices One percent (1%) of the annual salary of the office 44
sought 45
All Justices, Judges, and District At- One percent (1%) of the annual salary of the 46
torneys of the General Court of office sought 47
Justice 48
United States Senator One percent (1%) of the annual salary of the office 49
sought 50
Members of the United States House One percent (1%) of the annual salary of 51
General Assembly Of North Carolina Session 2025
Page 10 Senate Bill 107-First Edition
of Representatives the office sought 1
2
State Senator One percent (1%) of the annual salary of the office 3
sought 4
Member of the State House One percent (1%) of the annual salary of 5
of Representatives the office sought 6
All county offices not compensated by One percent (1%) of the annual salary of 7
fees office sought 8
All county offices compensated partly One percent (1%) of the first annual 9
by salary and partly by fees salary to be received (exclusive of fees) 10
11
The salary of any office that is the basis for calculating the filing fee is the starting salary for the 12
office, rather than the salary received by the incumbent, if different. If no starting salary can be 13
determined for the office, then the salary used for calculation is the salary of the incumbent, as 14
of January 1 of the election year." 15
SECTION 2.9. G.S. 163-107.1 reads as rewritten: 16
"§ 163-107.1. Petition in lieu of payment of filing fee. 17
(a) Any qualified voter who seeks nomination i n the party primary of the political party 18
with which he the qualified voter affiliates may, in lieu of payment of any filing fee required for 19
the office he seeks, sought, file a written petition requesting him to be a candidate for a specified 20
office with the appropriate board of elections, State, county or municipal. 21
(b) If the candidate is seeking the office of United States Senator, Governor, Lieutenant 22
Governor, or any State executive officer, Justice of the Supreme Court, or Judge of the Court of 23
Appeals, officer, the petition must be signed by 10,000 registered voters who are members of the 24
political party in whose primary the candidate desires to run, except that in the case of a political 25
party as defined by G.S. 163-96(a)(2) which will be making no minations by primary election, 26
the petition must be signed by five percent (5%) of the registered voters of the State who are 27
affiliated with the same political party in whose primary the candidate desires to run, or in the 28
alternative, the petition shall be signed by no less than 8,000 registered voters regardless of the 29
voter's political party affiliation, whichever requirement is greater. The petition must be filed 30
with the State Board of Elections not later than 12:00 noon on Monday preceding the filing 31
deadline before the primary in which he seeks to run. The names on the petition shall be verified 32
by the board of elections of the county where the signer is registered, and the petition must be 33
presented to the county board of elections at least 15 days before the petition is due to be filed 34
with the State Board of Elections. When a proper petition has been filed, the candidate's name 35
shall be printed on the primary ballot. 36
(c) County, Municipal and District Primaries. – If the candidate is seeking one of the 37
offices set forth in G.S. 163-106.2 but which is not listed in subsection (b) of this section, or a 38
municipal or any other office requiring a partisan primary which is not set forth in G.S. 163-106.2 39
or G.S. 163-106.3, the candidate shall file a writt en petition with the appropriate board of 40
elections no later than 12:00 noon on Monday preceding the filing deadline before the primary. 41
The petition shall be signed by five percent (5%) of the registered voters of the election area in 42
which the office wil l be voted for, who are affiliated with the same political party in whose 43
primary the candidate desires to run, or in the alternative, the petition shall be signed by no less 44
than 200 registered voters regardless of said voter's political party affiliation , whichever 45
requirement is greater. The board of elections shall verify the names on the petition, and if the 46
petition is found to be sufficient, the candidate's name shall be printed on the appropriate primary 47
ballot. Petitions for candidates for member o f the U.S. House of Representatives, District 48
Attorney, judge of the superior court, judge of the district court, and members of the State House 49
of Representatives from multi-county districts or members of the State Senate from multi-county 50
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
Senate Bill 107-First Edition Page 11
the petition is due to be filed with the State Board of Elections, and such petition must be filed 1
with the State Board no later than 12:00 noon on Monday preceding the filing deadline. The State 2
Board of Elections may adopt rules to implement this section and to provide standard petition 3
forms. 4
…." 5
SECTION 2.10. G.S. 163-108(b) reads as rewritten: 6
"(b) No later than 10 days after the time for filing notices of candidacy under the 7
provisions of G.S. 163-106.2 has expired, the chairman of the State Board of Elections shall 8
certify to the chairman of the county board of elections in each county in the appropriate district 9
the names of candidates for nomination to the following offices office of district attorney who 10
have filed the required notice and pledge and paid the required filing fee to the State Board of 11
Elections, so that their names may be printed on the official county ballots: Superior court judge, 12
district court judge, and district attorney.ballots." 13
SECTION 2.11. G.S. 163-111(c)(1) reads as rewritten: 14
"(1) A candidate who is apparently entitled to demand a second primary, according 15
to the unofficial results, for one of the offices listed below, and desiring to do 16
so, shall file a request for a second primary in writing with the Executive 17
Director of the State Board of Elections no later than 12:00 noon on the ninth 18
day (including Saturdays and Sundays) following the date on which the 19
primary was conducted, and su ch request shall be subject to the certification 20
of the official results by the State Board of Elections. If the vote certification 21
by the State Board of Elections determines that a candidate who was not 22
originally thought to be eligible to call for a second primary is in fact eligible 23
to call for a second primary, the Executive Director of the State Board of 24
Elections shall immediately notify such candidate and permit the candidate to 25
exercise any options available to the candidate within a 48 -hour period 26
following the notification: 27
Governor, 28
Lieutenant Governor, 29
All State executive officers, 30
Justices, Judges, or District Attorneys of the General Court of Justice, 31
United States Senators, 32
Members of the United States House of Representatives, 33
State Senators in multi-county senatorial districts, and 34
Members of the State House of Representatives in multi-county representative 35
districts." 36
SECTION 2.12. G.S. 163-114 reads as rewritten: 37
"§ 163-114. Filling vacancies among party nominees occurring after nomination and before 38
election. 39
(a) If any person nominated as a candidate of a political party for one of the offices listed 40
below (either in a primary or convention or by virtue of having no opposition in a primary) dies, 41
resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general 42
election, the vacancy shall be filled by appointment according to the following instructions: 43
Position 44
President Vacancy is to be filled by 45
Vice President appointment of national 46
executive committee of 47
political party in which 48
vacancy occurs 49
50
Presidential elector or Vacancy is to be filled by ap- 51
General Assembly Of North Carolina Session 2025
Page 12 Senate Bill 107-First Edition
alternate elector pointment of State execu- 1
Any elective State office tive committee of political 2
United States Senator party in which vacancy occurs 3
4
A district office, including: Appropriate district executive 5
Member of the United committee of political 6
States House of Repre- party in which vacancy occurs 7
sentatives 8
Judge of district court 9
District Attorney 10
State Senator in a multi- 11
county senatorial district 12
Member of State House of 13
Representatives in a 14
multi-county representative district 15
16
State Senator in a single- County executive committee 17
county senatorial district of political party in which 18
Member of State House of vacancy occurs, provided, in 19
Representatives in a the case of the State Senator 20
single-county represen- or State Representative in a 21
tative district single-county district where 22
Any elective county office not all the county is located 23
in that district, then in 24
voting, only those members of 25
the county executive committee 26
who reside within the district 27
shall votevote. 28
Judge of superior court in a County executive committee of 29
single-county judicial political party in which vacancy 30
district where the district is occurs; provided, in the case of a 31
the whole county or part of the superior court judge in a single- 32
county county district where not all 33
the county is located in that 34
district, then in voting, only 35
those members of the county 36
executive committee who 37
reside within the district shall 38
vote 39
Judge of superior court in a Appropriate district executive 40
multicounty judicial committee of political party in 41
district which vacancy occurs. 42
43
The party executive making a nomination in accordance with the provisions of this section shall 44
certify the name of its nominee to the chairman of the board of elections, State or county, that 45
has jurisdiction over the ballot item under G.S. 163-182.4. If at the time a nomination is made 46
under this section the general election ballots h ave already been printed, the provisions of 47
G.S. 163-165.3(c) shall apply. If a vacancy occurs in a nomination of a political party and that 48
vacancy arises from a cause other than death and the vacancy in nomination occurs more than 49
120 days before the general election, the vacancy in nomination may be filled under this section 50
General Assembly Of North Carolina Session 2025
Senate Bill 107-First Edition Page 13
only if the appropriate executive committee certifies the name of the nominee in accordance with 1
this paragraph at least 75 days before the general election. 2
(b) In a county which is partly in a multicounty judicial district, in choosing that county's 3
member or members of the judicial district executive committee for the multicounty district, only 4
the county convention delegates or county executive committee members who reside within the 5
area of the county which is within that multicounty district may vote. 6
…." 7
SECTION 2.13. G.S. 163-122 is amended by adding a new subsection to read: 8
"(c1) This section does not apply to elections under Article 26 of this Chapter." 9
SECTION 2.14. G.S. 163-123(h) reads as rewritten: 10
"(h) Certain Elections Excluded. – This section does not apply to the following elections: 11
(1) Municipal elections or special district elections conducted under Subchapter 12
IX of this Chapter. 13
(2) Nonpartisan board of education elections conducted under G.S. 115C-37. 14
(3) Nonpartisan judicial elections conducted under Subchapter XI of this 15
Chapter." 16
SECTION 2.15. G.S. 163-165.5(a)(3) reads as rewritten: 17
"(3) The names of the candidates as they appear on their notice of candidacy filed 18
pursuant to G.S. 163-106, 163 -106.1, 163 -106.2, 163 -106.3, 163 -106.4, 19
163-106.5, and 163-106.6, and 163 -352, or on petition forms filed in 20
accordance with G.S. 163-122. No title, appendage, or appellation indicating 21
rank, status, or positio n shall be printed on the official ballot in connection 22
with the candidate's name. Candidates, however, may use the title Mr., Mrs., 23
Miss, or Ms. Nicknames shall be permitted on an official ballot if used in the 24
notice of candidacy or qualifying petition, but the nickname shall appear 25
according to standards adopted by the State Board of Elections. Those 26
standards shall allow the presentation of legitimate nicknames in ways that do 27
not mislead the voter or unduly advertise the candidacy. In the case of 28
candidates for presidential elector, the official ballot shall not contain the 29
names of the candidates for elector but instead shall contain the nominees for 30
President and Vice President which the candidates for elector represent. The 31
State Board of Elections s hall establish a review procedure that local boards 32
of elections shall follow to ensure that candidates' names appear on the official 33
ballot in accordance with this subdivision." 34
SECTION 2.16. This Part becomes effective with respect to primaries and elections 35
held on or after January 1, 2026. 36
37
PART III. REESTABLISH NORTH CAROLINA PUBLIC CAMPAIGN FUND 38
SECTION 3.1. G.S. 163-278.69 is recodified as G.S. 163-278.129. 39
SECTION 3.2. Chapter 163 of the General Statutes is amended by adding the 40
following new Article to read: 41
"Article 22I. 42
"The North Carolina Public Campaign Fund. 43
"§ 163-278.120. Purpose of the North Carolina Public Campaign Fund. 44
The purpose of this Article is to ensure the fairness of democratic elections in North Carolina 45
and to protect the constitutional rights of voters and candidates from the detrimental effects of 46
increasingly large amounts of money being raised and spent to influence the outcome of 47
elections, those effects being especially problematic in elections of the judiciary, since 48
impartiality is uniquely important to the integrity and credibility of the courts. Accordingly, this 49
Article reestablishes the North Carolin a Public Campaign Fund as an alternative source of 50
campaign financing for candidates who demonstrate public support and voluntarily accept strict 51
General Assembly Of North Carolina Session 2025
Page 14 Senate Bill 107-First Edition
fundraising and spending limits. This Article is available to candidates for justice of the Supreme 1
Court and judge of the Court of Appeals in elections to be held in 2026 and thereafter. 2
"§ 163-278.121. Definitions. 3
The following definitions apply in this Article: 4
(1) Board. – The State Board of Elections. 5
(2) Candidate. – An individual who becomes a candidate a s described in 6
G.S. 163-278.6. The term includes a political committee authorized by the 7
candidate for that candidate's election. 8
(3) Certified candidate. – A candidate running for office who chooses to receive 9
campaign funds from the Fund and who is certi fied under 10
G.S. 163-278.123(c). 11
(4) Contested primary and contested general election. – An election in which 12
there are more candidates than the number to be elected. A distribution from 13
the Fund pursuant to this Article is not a "contribution" and is not subject to 14
the limitations of G.S. 163-278.13 or the prohibitions of G.S. 163-278.15 or 15
G.S. 163-278.19. 16
(5) Contribution. – Defined in G.S. 163-278.6. A distribution from the Fund 17
pursuant to this Article is not a "contribution" and is not sub ject to the 18
limitations of G.S. 163-278.13 or the prohibitions of G.S. 163-278.15 or 19
G.S. 163-278.19. 20
(6) Electioneering communication. – As defined in G.S. 163-278.6, except that it 21
is made during the period beginning 30 days before absentee ballots become 22
available for a primary and ending on primary election day and during the 23
period 60 days before absentee ballots become available for a general election 24
and ending on general election day. 25
(7) Expenditure. – Defined in G.S. 163-278.6. 26
(8) Fund. – The North Carolina Public Campaign Fund established in 27
G.S. 163-278.122. 28
(9) Independent expenditure. – Defined in G.S. 163-278.6. 29
(10) Maximum qualifying contributions. – An amount of qualifying contributions 30
equal to 60 times the filing fee for candidacy for the office. 31
(11) Minimum qualifying contributions. – An amount of qualifying contributions 32
equal to 30 times the filing fee for candidacy for the office. 33
(12) Nonparticipating candidate. – A candidate running for office who is not 34
seeking to be certified under G.S. 163-278.123(c). 35
(13) Office. – A position on the North Carolina Court of Appeals or North Carolina 36
Supreme Court. 37
(14) Participating candidate. – A candidate for office who has filed a declaration 38
of intent to participate under G.S. 163-278.123. 39
(15) Political committee. – Defined in G.S. 163-278.6. 40
(16) Qualifying contribution. – A contribution of not less than ten dollars ($10.00) 41
and not more than five hundred dollars ($500.00) in the form prescribed for 42
noncash monetary contributions in G.S. 163-278.14(b) to the candidate or the 43
candidate's committee that meets both of the following conditions: 44
a. Made by an individual who is a registered voter in this State at the time 45
of the submittal of the report specified in G.S. 163-278.123(c). 46
b. Made during the qualifying period and obtained with the approval of 47
the candidate or the candidate's committee. 48
(17) Qualifying period. – The period beginning September 1 in the year before the 49
election and ending on the day of the primary of the election year. 50
(18) Referendum committee. – Defined in G.S. 163-278.6. 51
General Assembly Of North Carolina Session 2025
Senate Bill 107-First Edition Page 15
(19) Trigger for matching funds. – The dollar amount at which matching funds are 1
released for certified candidates. In the case of a primary, the trigger equals 2
the maximum qualifying contributions for participating candidates. In the case 3
of a contested genera l election, the trigger equals the base level of funding 4
available under G.S. 163-278.125(b)(4). 5
"§ 163-278.122. North Carolina Public Campaign Fund established; sources of funding. 6
(a) Establishment of Fund. – The North Carolina Public Campaign Fund is established to 7
finance the election campaigns of certified candidates for office and to pay administrative and 8
enforcement costs of the Board related to this Article. The Fund is a special , dedicated, 9
nonlapsing, nonreverting fund. All expenses of administering this Article, including production 10
and distribution of the Voter Guide required by G.S. 163-278.129 and personnel and other costs 11
incurred by the Board, including public education ab out the Fund, shall be paid from the Fund 12
and not from the General Fund. Any interest generated by the Fund is credited to the Fund. The 13
Board shall administer the Fund. 14
(b) Sources of Funding. – Money received from all of the following sources shall be 15
deposited in the Fund: 16
(1) Designations made to the Fund by individual taxpayers pursuant to 17
G.S. 105-159.2. 18
(2) Fund revenues distributed for an election that remain unspent or uncommitted 19
at the time the recipient is no longer a certified candidate in the election. 20
(3) Money ordered returned to the Fund in accordance with G.S. 163-278.128. 21
(4) Voluntary donations made directly to the Fund. Corporations, other business 22
entities, labor unions, and professional associations may make donations to 23
the Fund. 24
(5) Money collected from the fifty dollar ($50.00) surcharge on attorney 25
membership fees in G.S. 84-34. 26
(c) Determination of Fund Amount. – By October 1, 2026, and every two years thereafter, 27
the State Board shall prepare and provide to the Joint Legislative Elections Oversight Committee 28
a report documenting, evaluating, and making recommendations relating to the administration, 29
implementation, and enforcement of this Article. In its report, the Board shall set out the funds 30
received to date and the expected needs of the Fund for the next election. 31
"§ 163-278.123. Requirements for participation; certification of candidates. 32
(a) Declaration of Intent to Participate. – Any individual choosing to receive campaign 33
funds from the Fund shall first file with the Board a declaration of intent to participate under this 34
Article as a candidate for a stated office. The declaration of intent shall be filed before or during 35
the qualifying period and before collecting any qualifying contributions. In the declaration, the 36
candidate shall swear or affirm that only one political committee, identified with its treasurer, 37
shall handle all contributions, expenditures, and obligations for the participating candidate and 38
that the candidate will comply with the contribution and expenditure limits set forth in subsection 39
(d) of this section and all other requirements set forth in this Article or adopted by the Board. 40
Failure to comply is a violation of this Article. 41
(b) Demonstration of Support of Candidacy. – Participating candidates who seek 42
certification to receive campaign funds from the Fund shall first, during the qualifying period, 43
obtain qualifying contributions from at least 350 registered voters in an aggregate sum that at 44
least equals the amount of minimum qualifying contributions described in G.S. 163-278.121(11) 45
but that does not exceed the amount of maximum qualifying contributions described in 46
G.S. 163-278.121(10). 47
No payment, gift, anything of value, or the opportunity to win anything of value shall be 48
given in exchange for a qualifying contribution. 49
General Assembly Of North Carolina Session 2025
Page 16 Senate Bill 107-First Edition
(c) Certification of Candidates. – Upon receipt of a submittal of the record of 1
demonstrated support by a participating candidate, the Board shall determine whether or not the 2
candidate has complied with all of the following requirements: 3
(1) Signed and filed a declaration of intent to participate in this Article. 4
(2) Submitted a report itemizing the appropriate number of qualifying 5
contributions received from registered voters, which the Board shall veri fy 6
through a random sample or other means it adopts. The report shall include 7
the county of residence of each registered voter listed. 8
(3) Filed a valid notice of candidacy pursuant to Article 26 of this Chapter. 9
(4) Otherwise met the requirements for participation in this Article. 10
The Board shall certify candidates complying with the requirements of this section as soon 11
as possible and no later than five business days after receipt of a satisfactory record of 12
demonstrated support. 13
(d) Restrictions on Contr ibutions and Expenditures for Participating and Certified 14
Candidates. – The following restrictions shall apply to contributions and expenditures with 15
respect to participating and certified candidates: 16
(1) Beginning January 1 of the year before the election and before the filing of a 17
declaration of intent, a candidate for office may accept in contributions up to 18
ten thousand dollars ($10,000) from sources and in amounts permitted by 19
Article 2 2A of this Chapter and may expend up to ten thousand dollars 20
($10,000) for any campaign purpose. A candidate who exceeds either of these 21
limits shall be ineligible to file a declaration of intent or receive funds from 22
the Fund. 23
(2) From the filing of a declaration of intent through the end of the qualifying 24
period, a cand idate may accept only qualifying contributions, contributions 25
under ten dollars ($10.00) from North Carolina voters, and personal and 26
family contributions permitted under subdivision (4) of this subsection. The 27
total contributions the candidate may accept during this period shall not 28
exceed the maximum qualifying contributions for that candidate. In addition 29
to these contributions, the candidate may only expend during this period the 30
remaining money raised pursuant to subdivision (1) of this subsection and 31
possible matching funds received pursuant to G.S. 163-278.127. Except for 32
personal and family contributions permitted under subdivision (4) of this 33
subsection, multiple contributions from the same contributor to the same 34
candidate shall not exceed five hundred dollars ($500.00). 35
(3) After the qualifying period and through the date of the general election, the 36
candidate shall expend only the funds the candidate receives from the Fund 37
pursuant to G.S. 163-278.125(b)(4) plus any funds remaining from the 38
qualifying period and possible matching funds. 39
(4) During the qualifying period, the candidate may contribute up to one thousand 40
dollars ($1,000) of that candidate's own money to the campaign. Debt incurred 41
by the candidate for a campaign expenditure shall count toward that limit. The 42
candidate may accept in contributions one thousand dollars ($1,000) from 43
each member of that candidate 's family consisting of spouse, parent, child, 44
brother, and sister. Up to five hundred dollars ($500.00) of a contribution from 45
the candidate's family member may be treated as a qualifying contribution if 46
it meets the requirements of G.S. 163-278.121(16)a. and b. 47
(5) A candidate and the candidate's committee shall limit the use of all revenues 48
permitted by this subsection to expen ditures for campaign -related purposes 49
only. The Board shall publish guidelines outlining permissible 50
campaign-related expenditures. In establishing those guidelines, the Board 51
General Assembly Of North Carolina Session 2025
Senate Bill 107-First Edition Page 17
shall differentiate expenditures that reasonably further a candidate's campaign 1
from expenditures for personal use that would be incurred in the absence of 2
the candidacy. In establishing the guidelines, the Board shall review relevant 3
provisions of the Federal Election Campaign Act, and rules adopted pursuant 4
to it, and similar provisions in other states. 5
(6) Any contribution received by a participating or certified candidate that falls 6
outside that permitted by this subsection shall be returned to the donor as soon 7
as practicable. C ontributions intentionally made, solicited, or accepted in 8
violation of this Article are subject to civil penalties as specified in 9
G.S. 163-278.128. The funds involved shall be forfeited to the Civil Penalty 10
and Forfeiture Fund. 11
(7) A candidate shall retu rn to the Fund any amount distributed for an election 12
that is unspent and uncommitted at the date of the election, or at the time the 13
individual ceases to be a certified candidate, whichever occurs first. For 14
accounting purposes, all qualifying, personal, and family contributions shall 15
be considered spent before revenue from the Fund is spent or committed. 16
(e) Revocation. – A candidate may revoke, in writing to the Board, a decision to 17
participate in the Fund at any time before the deadline set by the Board for the candidate 's 18
submission of information for the Voter Guide described in G.S. 163-278.129. After a timely 19
revocation, that candidate may accept and expend outside the limits of this Article without 20
violating this Article. Within 10 days after revocation, a candidate shall return to the State Board 21
all money received from the Fund. 22
"§ 163-278.124. Special participation provisions for candidates in vacancy elections. 23
(a) Participation Provisions Modified. – Candidates involved in elections described in 24
G.S. 163-358 may participate in the Fund subject to the provisions of G.S. 163-278.123 as 25
modified by this section. The Board shall adapt other provisions of this Article, i ncluding 26
G.S. 163-278.127, to those elections. 27
(b) Qualifying. – The Board shall designate a special qualifying period of no less than 28
four weeks for these candidates, beginning at the close of the notice -of-candidacy filing period. 29
To receive certification, a participating candidate shall raise at least 225 qualifying contributions, 30
totaling at least 20 times the amount of the filing fee for the office, for a four -week qualifying 31
period. If the Board sets a longer qualifying period, then for each additiona l week that the 32
qualifying period extends beyond four weeks, the minimum number of qualifying contributions 33
required for certification shall increase by 25 and the minimum amount of the qualifying 34
contributions shall increase by two times the filing fee. T he minimum qualifying contributions 35
shall not exceed the limit set by G.S. 163-278.123(b). 36
(c) Allocations. – Certified candidates shall receive one percent (1%) of the funding to 37
which they would be eligible under G.S. 163-278.125 times the number of calendar days between 38
the end of the special qualifying period and the day of the general election. That amount shall 39
not exceed one hundred percent (100%) of the funding to which they would be eligible under 40
G.S. 163-278.125. 41
"§ 163-278.125. Distribution from the Fund. 42
(a) Timing of Fund Distribution. – The Board shall distribute to a certified candidate 43
revenue from the Fund in an amount determined under subdivision (b)(4) of this section within 44
five business days after the certified candidate's name is approved to appear on the ballot in a 45
contested general election but no earlier than five business days after the primary. 46
(b) Amount of Fund Distribution. – By August 1, 2026, and no less frequently than every 47
two years thereafter, the Board shall determine the amount of funds, rounded to the nearest one 48
hundred dollars ($100.00), to be distributed to certified candidates as follows: 49
(1) Uncontested primaries. – No funds shall be distributed. 50
General Assembly Of North Carolina Session 2025
Page 18 Senate Bill 107-First Edition
(2) Contested primaries. – No funds shall be distributed except as provided in 1
G.S. 163-278.127. 2
(3) Uncontested general elections. – No funds shall be distributed. 3
(4) Contested general elections. – Funds shall be distributed to a certified 4
candidate for a po sition on the Court of Appeals in an amount equal to 125 5
times the candidate 's filing fee as set forth in G.S. 163-353. Funds shall be 6
distributed to a certified candidate for a position on the Supreme Court in an 7
amount equal to 175 times the candidate 's filing fee as set forth in 8
G.S. 163-353. 9
(c) Method of Fund Distribution. – The Board, in consultation with the State Treasurer 10
and the State Controller, shall develop a rapid, reliable method of conveying funds to certified 11
candidates. In all cases, the Board shall distribute funds to certified candidates in a manner that 12
is expeditious, ensures accountability, and safeguards the integrity of the Fund. If the money in 13
the Fund is insufficient to fully fund all certified candidates, then the available money shall be 14
distributed proportionally, according to each candidate's eligible funding, and the candidate may 15
raise additional money in the same manner as a noncertified candidate for the same office up to 16
the unfunded amount of the candidate's eligible funding. 17
"§ 163-278.126. Reporting requirements. 18
(a) Reporting by Noncertified Candidates and Other Entities. – Any noncertified 19
candidate with a certified opponent shall report total contributions received to the Board by 20
facsimile machine or electronically within 24 hours after the total amount of contribu tions 21
received exceeds eighty percent (80%) of the trigger for matching funds as defined in 22
G.S. 163-278.121(19). Any entity making independent expenditures in support of or opposition 23
to a certified candidate or in support of a candidate opposing a certified candidate, or paying for 24
electioneering communications, referring to one of those candidates, shall report the total 25
expenditures or payments made to the Board by facsimile machine or electronically within 24 26
hours after the total amount of expenditure s or payments made for the purpose of making the 27
independent expenditures or electioneering communications exceed five thousand dollars 28
($5,000). After the initial 24-hour filing, the noncertified candidate or other reporting entity shall 29
comply with an ex pedited reporting schedule. The schedule and forms for reports required by 30
this subsection shall be supplied by the Board. 31
(b) Reporting by Participating and Certified Candidates. – Notwithstanding other 32
provisions of law, participating and certified candi dates shall report any money received, 33
including all previously unreported qualifying contributions, all campaign expenditures, 34
obligations, and related activities to the Board according to procedures developed by the Board. 35
A certified candidate who cease s to be certified or ceases to be a candidate or who loses an 36
election shall file a final report with the Board and return any unspent revenues received from 37
the Fund. In developing these procedures, the Board shall utilize existing campaign reporting 38
procedures whenever practical. 39
(c) Timely Access to Reports. – The Board shall ensure prompt public access to the 40
reports received in accordance with this Article. The Board may utilize electronic means of 41
reporting and storing information. 42
"§ 163-278.127. Matching funds. 43
(a) When Matching Funds Become Available. – When any report or group of reports 44
shows that "funds in opposition to a certified candidate or in support of an opponent to that 45
candidate" as described in this section exceed the trigger for matching funds as defined in 46
G.S. 163-278.121(19), the Board shall issue immediately to that certified candidate an additional 47
amount equal to the reported excess within the limits set forth in this section. "Funds in opposition 48
to a certified candidate or in support of an opponent to that candidate " shall be equal to the sum 49
of subdivisions (1) and (2) of this subsection as follows: 50
(1) The greater of the following: 51
General Assembly Of North Carolina Session 2025
Senate Bill 107-First Edition Page 19
a. Campaign expenditures or obligation s made, or funds raised or 1
borrowed, whichever is greater, reported by any one nonparticipating 2
candidate who is an opponent of a certified candidate. Where a 3
certified candidate has more than one nonparticipating candidate as an 4
opponent, the measure shal l be taken from the nonparticipating 5
candidate showing the highest relevant dollar amount. 6
b. The funds distributed in accordance with G.S. 163-278.125(b) to a 7
certified opponent of the certified candidate. 8
(2) The aggregate total of all expenditures and p ayments reported in accordance 9
with G.S. 163-278.126(a) of entities making independent expenditures or 10
electioneering communications in opposition to the certified candidate or in 11
support of any opponent of that certified candidate. 12
(b) Limit on Matching Funds Before Date of Primary. – Total matching funds to a 13
certified candidate before the date of the primary shall be limited to an amount equal to two times 14
the maximum qualifying contributions for the office sought. Matching funds are a vailable to a 15
certified candidate with an opponent in the primary or to a certified candidate who is clearly 16
referred to in expenditures reportable under G.S. 163-278.125 made in opposition to that 17
candidate. 18
(c) Limit on Matching Funds in Contested General Election. – Total matching funds to a 19
certified candidate in a contested general election shall be limited to an amount equal to two 20
times the amount described in G.S. 163-278.125(b)(4). 21
(d) Expedited Distribution of Matching Funds. – When a candidate becomes entitled to 22
any amount of matching funds under subsection (a) of this section, the Board shall authorize the 23
issuance of that amount to the candidate as soon as practicable. The Department of 24
Administration shall transfer that amount to the candidate as soon as practicable and in no event 25
later than 12 hours after receiving notice from the Board that the candidate has become entitled 26
to it. The Department of Administration shall develop a method of rapidly transferring funds to 27
a candidate or otherwis e fulfilling the requirements of this subsection in conjunction with the 28
Board. The candidate shall return to the Board as soon as practicable any amount of the matching 29
funds that the candidate has not spent at the date of the election or at the time the individual 30
ceases to be a certified candidate, whichever occurs first. 31
(e) Determinations by Board. – In the case of electioneering communications, the Board 32
shall determine which candidate, if any, is entitled to receive matching funds as a result of the 33
communication. The Board shall issue matching funds based on the communication only if it 34
ascertains that the communication is susceptible of no reasonable interpretation other than as an 35
appeal to vote for or against a specific candidate. In making its de termination, the Board shall 36
not consider evidence external to the communication itself of the intent of the sponsor or the 37
effect of the communication. The Board shall notify each candidate it determines is entitled to 38
receive matching funds based on thos e communications, the sponsor of those communications, 39
and any candidate who is an opponent of the candidate it determines is entitled to the matching 40
funds. The Board shall give the sponsor of the communication and any opposing candidate an 41
adequate opportunity to rebut the determination of the Board. In considering the rebuttal, all 42
candidates in the race and the sponsor shall be given adequate and equal opportunity to be heard. 43
The Board shall adopt procedures for implementing this subsection, balancing in those 44
procedures adequacy of opportunity to rebut and adequacy and equality of opportunity to be 45
heard on the rebuttal with the need to expedite the decision on awarding matching funds. The 46
Board shall distribute the matching funds, if any, at the conclusion of its process. 47
(f) Proportional Measuring of Multicandidate Communications. – In calculating the 48
amount of matching funds a certified candidate is eligible to receive under this section, the Board 49
shall include the proportion of expenditures, obliga tions, or payments for multicandidate 50
communications that pertain to the candidate. 51
General Assembly Of North Carolina Session 2025
Page 20 Senate Bill 107-First Edition
(g) No Matching Funds for Certain Communications Involving All Candidates. – No 1
matching funds are available under this section as a result of an expenditure that supports all 2
candidates for the same office or opposes all candidates for the same office. No matching funds 3
are available under this section as a result of an electioneering communication that the Board 4
ascertains is susceptible of no reasonable interpretation oth er than as an appeal to vote for all 5
candidates for the same office or to vote against all candidates for the same office. 6
"§ 163-278.128. Civil penalty. 7
In addition to any other penalties that may be applicable, any individual, political committee, 8
or other entity that violates any provision of this Article is subject to a civil penalty of up to ten 9
thousand dollars ($10,000) per violation or three times t he amount of any financial transactions 10
involved in the violation, whichever is greater. In addition to any fine, for good cause shown, a 11
candidate found in violation of this Article may be required to return to the Fund all amounts 12
distributed to the cand idate from the Fund. If the Board makes a determination that a violation 13
of this Article has occurred, the Board shall calculate and assess the amount of the civil penalty 14
and shall notify the entity that is assessed the civil penalty of the amount that has been assessed. 15
The Board shall then proceed in the manner prescribed in G.S. 163-278.34. In determining 16
whether or not a candidate is in violation of this Article, the Board may consider as a mitigating 17
factor any circumstances out of the candidate's control." 18
SECTION 3.3. G.S. 84-34 reads as rewritten: 19
"§ 84-34. Membership fees and list of members. 20
(a) Every active member of the North Carolina State Bar shall, prior to the first day of 21
July of each year, pay to the secretary -treasurer an annual members hip fee in an amount 22
determined by the Council but not to exceed three hundred twenty -five dollars 23
($325.00).($325.00), plus a surcharge of fifty dollars ($50.00) for the implementation of Article 24
22I of Chapter 163 of the General Statutes. 25
… 26
(c) The fees shall be disbursed by the secretary-treasurer on the order of the Council. The 27
fifty dollar ($50.00) surcharge shall be sent on a monthly schedule to the State Board of Elections. 28
The secretary-treasurer shall annually, at a time and in a law magazine or daily newspaper to be 29
prescribed by the Council, publish an account of the financial transactions of the Council in a 30
form to be prescribed by it. The secretary-treasurer shall compile and keep currently correct from 31
the names and mailing addresses forward ed to the secretary -treasurer and from any other 32
available sources of information a list of members of the North Carolina State Bar and furnish to 33
the clerk of the superior court in each county, not later than the first day of October in each year, 34
a list showing the name and address of each attorney for that county who has not complied with 35
the provisions of this Article. The name of each of the active members who are in arrears in the 36
payment of membership fees shall be furnished to the presiding judge by the clerk of the superior 37
court of each county wherein the member or members reside, and the court shall thereupon take 38
action that is necessary and proper. The names and addresses of attorneys so certified shall be 39
kept available to the public. The Secre tary of Revenue is hereby directed to supply the 40
secretary-treasurer, from records of license tax payments, with any information for which the 41
secretary-treasurer may call in order to enable the secretary -treasurer to comply with this 42
requirement. 43
The list submitted to several clerks of the superior court shall also be submitted to the Council 44
and it shall take the action thereon that is necessary and proper." 45
SECTION 3.4. G.S. 105-159.2 is reenacted as it existed immediately before its 46
repeal and reads as rewritten: 47
"§ 105-159.2. Designation of tax to North Carolina Public Campaign Fund. 48
(a) Allocation to the North Carolina Public Campaign Fund. – To ensure the financial 49
viability of the North Carolina Public Campaign Fund established in Article 22D 22I of Chapter 50
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
Senate Bill 107-First Edition Page 21
the income taxes paid each year by each individual with an income tax liability of at least that 1
amount, if the individual agrees. A taxpayer must b e given the opportunity to indicate an 2
agreement or objection to that allocation in the manner described in subsection (b) of this section. 3
In the case of a married couple filing a joint return, each individual must have the option of 4
agreeing or objecting to the allocation. The amounts allocated under this subsection to the Fund 5
must be credited to it on a monthly basis. 6
…." 7
SECTION 3.5. G.S. 163-278.5 reads as rewritten: 8
"§ 163-278.5. Scope of Article; severability. 9
The provisions of this Article apply to primaries and elections for North Carolina offices and 10
to North Carolina referenda and do not apply to primaries and elections for federal offices or 11
offices in other States or to non -North Carolina referenda. Any provision in this Article that 12
regulates a non -North Carolina entity does so only to the extent that the entity's actions affect 13
elections for North Carolina offices or North Carolina referenda. 14
The provisions of this Article are severable. If any provision is held invalid by a court of 15
competent jurisdiction, the invalidity does not affect other provisions of the Article that can be 16
given effect without the invalid provision. 17
This section applies to Articles and [Article] 22I and 22M of the General Statutes to the same 18
extent that it applies to this Article." 19
SECTION 3.6. G.S. 163-278.13 is amended by adding a new subsection to read: 20
"(k) In order to make meaningful the provisions of Article 2 2I of this Chapter, the 21
following provisions shall apply with respect to candidates for justice of the Supreme Court and 22
judge of the Court of Appeals: 23
(1) No candidate shall accept, and no contributor shall make to that candidate, a 24
contribution in any election exceeding one thousand dollars ($1,000) , except 25
as provided for elsewhere in this subsection. 26
(2) A candidate may accept, and a family contributor may make to that candidate, 27
a contribution not exceeding two thousand dollars ($2,000) in an election if 28
the contributor is that candidate's parent, child, brother, or sister. 29
As used in this subsection, "candidate" is also a political committee authorized by the 30
candidate for that candidate 's election. Nothing in this subsection shall prohibit a candidate o r 31
the spouse of that candidate from making a contribution or loan secured entirely by that 32
individual's assets to that candidate's own campaign." 33
SECTION 3.7. Section 38.1(a) of S.L. 2013-381 reads as rewritten: 34
"SECTION 38.1.(a) Article 22D of Chapter 163 of the General Statutes is repealed, except 35
that G.S. 163-278.69 is repealed effective upon exhaustion of the funds for publication of the 36
Judicial Voter Guide.repealed." 37
SECTION 3.8. Sections 38.1(l), 38.1(m), and 38.1(o) of S.L. 2013-381 are repealed. 38
SECTION 3.9. Section 3.2 of this Part is effective when it becomes law, provided 39
that distributions from the Fund shall begin in the 2026 election year. Section 3.4 of this Part is 40
effective for taxable years beginning on or after January 1, 202 6. The remainder of this Part 41
becomes effective January 1, 2026. 42
43
PART IV. SEVERABILITY AND EFFECTIVE DATE 44
SECTION 4.1. The provisions of this act are severable. If any provision of this act 45
is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions 46
of the act that can be given effect without the invalid provision. 47
SECTION 4.2. This Part is effective when it becomes law. Except as otherwise 48
provided, this act is effective when it becomes law. 49