1965/66/67 session laws – Ch.5 Sec.13

(a) The proviso beginning in line 6 of the second paragraph of G. S. 163-140 is amended to read as follows: Provided further, that unless the aspirant for a county, township, or single-county legislative district office who receives the second highest number of votes shall, by twelve oclock noon on the fifth day after the result of the first primary election shall have been officially declared, and such aspirant has been notified by the chairman or secretary of the appropriate county board of elections, file in writing with the appropriate county board of elections a request that a second primary be called and held, the aspirant receiving the highest number of votes cast shall be declared nominated by the county board of elections; or unless the aspirant for a legislative office in a multi-county senatorial or representative district, or for a district or State office required by law to file with the State Board of Elections, who receives the second highest number of votes shall, by twelve oclock noon on the third day after the result of the first primary election shall have been officially declared, and such aspirant has been notified by the chairman or secretary of the State Board of Elections, 21 file in writing or by telegram with the State Board of Elections a request that a second primary be called and held, the aspirant receiving the highest number of votes cast shall be declared nominated by the State Board of Elections. (b) The first sentence of the fifth paragraph of G. S. 163-140 is amended to read as follows: In the event of a tie vote between two candidates for party nomination for a county, township, or single-county legislative district office in the first primary, a recount of the votes for both candidates shall be made by the county board of elections in the county in which the two candidates were voted for, and the results of said recount shall be declared by the county board of elections. (c) The third sentence of the fifth paragraph of G. S. 163-140 is amended to read as follows: In the event of a tie vote in a primary election between two candidates for any State office, or for United States Senator, or for any district office (including State Senator and Representative in a multi-county senatorial or representative district), no recount shall be held by reason of the tie, but the two candidates having a tie vote shall be entered in a second primary to be held on the prescribed date for second primaries, unless one of the two candidates files a notice of withdrawal with the State Board of Elections within three days after the results of the first primary have been officially declared and published.