In a North Carolina nonpartisan town or city election, can a candidate drop out after the filing deadline has passed and have their name taken off the ballot?
Apply this to your situation
This page answers the general question as of 1983. Ask about yours and see what current North Carolina law means for your facts, with citations you can check.
Plain-English summary
A lawyer for the Granville County Board of Elections asked whether a candidate in a nonpartisan municipal election could withdraw after the filing deadline and have the name removed from the ballot. The Attorney General answered yes, addressing an election using the nonpartisan municipal plurality method.
G.S. 163-294.2(d), as quoted in the opinion, allowed withdrawal before the filing deadline and a refund of the filing fee. G.S. 163-294.1(b) addressed a candidate who died, became disqualified, or withdrew after ballots were printed. It directed the board to determine whether there was enough time to reprint. From that provision, the Attorney General reasoned that a candidate who withdrew after the deadline but before printing should simply not appear on the printed ballot.
The quoted statute also says that if there is too little time to reprint and a deceased or disqualified candidate receives enough votes to be elected, the board declares the office vacant. It does not name a withdrawn candidate in that vacancy sentence. The opinion does not decide what happens if a withdrawn candidate remains on the ballot and receives enough votes to win.
Currency note
This opinion applies the election provisions quoted in 1983. Check current North Carolina election law for a present withdrawal or ballot-printing question.
Background and statutory framework
The opinion reads two provisions together. G.S. 163-294.2(d) expressly allows withdrawal before the filing deadline and refunds the filing fee in that circumstance. G.S. 163-294.1(b) contemplates withdrawal after ballots have been printed and calls for reprinting if time permits. The Attorney General infers that a post-deadline withdrawal occurring before ballots are printed should be reflected by omitting the name in the first printing.
The opinion expressly limits its answer to nonpartisan municipal plurality elections. It gives no separate rule for filing-fee refunds after the deadline, absentee voting, or a withdrawn candidate who wins despite a name remaining on the ballot.
Common questions
Can a candidate withdraw after the filing deadline but before ballots are printed?
Yes, in the nonpartisan municipal plurality election addressed. The opinion says the withdrawn candidate's name should not appear on the printed ballot.
What if the ballots were already printed when the candidate withdrew?
The quoted statute directs the board to determine whether there is enough time to reprint. The opinion says the ballot will be reprinted if time permits.
Does a withdrawn candidate's election automatically create a vacancy under this opinion?
The opinion does not say so. The vacancy sentence it quotes applies when a deceased or disqualified candidate wins after ballots cannot be reprinted. It does not include a withdrawn candidate.
Did the opinion decide whether a post-deadline withdrawal earns a filing-fee refund?
No. It quotes a refund provision for withdrawal before the filing deadline but does not decide a refund question for later withdrawal.
Source
Citations
- G.S. 163-294.1 (death, disqualification, withdrawal in municipal and special district elections)
- G.S. 163-294.1(b) (reprinting after death, disqualification or withdrawal; vacancy if deceased or disqualified candidate wins)
- G.S. 163-294.2 (notice of candidacy in nonpartisan municipal elections)
- G.S. 163-294.2(d) (pre-deadline withdrawal with refund)
Original opinion text
Requested By: Thomas L. Currin, Counsel to the Granville County Board of Elections
Question: May a candidate in a nonpartisan municipal election withdraw his candidacy after the filing deadline and have his name removed from the ballot?
Conclusion: Yes.
Relevant parts of G.S. 163-294.1 and 163-294.2 read:
"163-294.1. Death of candidates or elected officers. (2) This section shall apply only to municipal and special district Elections. . . .
(b) . . . If a candidate in a nonpartisan election dies, becomes disqualified, or withdraws before election day and after the ballots have been printed, the board of elections shall determine whether there is enough time to reprint the ballots. If there is not enough time to reprint the ballots, and should the deceased or disqualified candidate receive enough votes to be elected, the board of elections shall declare the office vacant, and it shall be filled as provided by law.
G.S. 163-294.2. Notice of candidacy and filing fee in non-partisan municipal elections. . . .
(d) Any person may withdraw his notice of candidacy at any time prior to the filing deadline prescribed in subsection (c), and shall be entitled to a refund of his filing fee if he does so."
Pursuant to 163-294.1(b) if time permits upon death, disqualification or withdrawal of a candidate the ballot if printed will be reprinted. It stands to reason that if a candidate withdraws prior to the printing of the ballot though after the filing deadline his name should not appear on the printed ballot.
It would appear that 163-294.2(d) speaks to the right of withdrawal prior to the filing deadline and to the right to a refund of his filing fees if such occurs.
This opinion speaks only to nonpartisan municipal plurality method elections.
RUFUS L. EDMISTEN
ATTORNEY GENERAL
William W. Melvin
Senior Deputy Attorney General
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