Information About Candidacy and 2010 Filing Fees

Thinking of becoming a candidate for public office? View this on-line tutorial first! Many laws concerning elections and campaign finance changed as of January 1^st. This information will help you learn what steps need to be taken and when, in forming your candidate committee, to help you avoid violations and penalty fees.  Download the 2010 Campaign Reporting Schedule.

What is a Notice of Candidacy?  NC General Statute 163-106 (and 163-294.2 for non-partisan municipal elections), prescribes the "Notice of Candidacy" form. Each candidate shall sign the Notice of Candidacy form in the presence of the chairman or the secretary of the board of elections, State or county, with which the candidate files. In the alternative, a candidate may have the candidate's signature on the notice of candidacy acknowledged and certified to by an officer authorized to take acknowledgements and administer oaths.

What about candidates and party affiliation changes? NCGS 163-106(b) states:  "Eligibility to File. – No person shall be permitted to file as a candidate in a primary if, at the time he offers to file notice of candidacy, he is registered on the appropriate registration book or record as an affiliate of a political party other than that in whose primary he is attempting to file. No person who has changed his political party affiliation or who has changed from unaffiliated status to party affiliation as permitted in G.S. 163‑82.17, shall be permitted to file as a candidate in the primary of the party to which he changed unless he has been affiliated with the political party in which he seeks to be a candidate for at least 90 days prior to the filing date for the office for which he desires to file his notice of candidacy.

A person registered as "unaffiliated" is ineligible to file as a candidate in a party primary election."

How are filing fees accepted?  Filing fees are set by North Carolina General Statutes or by the local governments. These fees are to paid at the time of filing for elective office. Campaign Finance regulations require any expenditures over $50 to be paid in a method other than cash. Checks should be made payable to New Hanover County.

Note:  An amount over $50.00 must be paid in check or money order, cash cannot be accepted.  Make checks or Money Order payable to New Hanover County.

*   NC State Constitution, Article II, Legislative, Sec. 6. Qualifications for Senator. "Each Senator, at the time of his election, shall be not less than 25 years of age, shall be a qualified voter of the State, and shall have resided in the State as a citizen for two years and in the district for which he is chosen for one year immediately preceding his election."

** NC State Constitution, Article II, Legislative,  Sec. 7. Qualifications for Representative. "Each Representative, at the time of his election, shall be a qualified voter of the State, and shall have resided in the district for which he is chosen for one year immediately preceding his election."

 Can a candidate's ability to file for office be challenged?   NCGS 163-127.2 states:

(a)       When. – A challenge to a candidate may be filed under this Article with the board of elections receiving the notice of the candidacy or petition no later than 10 business days after the close of the filing period for notice of candidacy or petition.

(b)       How. – The challenge must be made in a verified affidavit by a challenger, based on reasonable suspicion or belief of the facts stated. Grounds for filing a challenge are that the candidate does not meet the constitutional or statutory qualifications for the office, including residency.

(c)       If Defect Discovered After Deadline, Protest Available. – If a challenger discovers one or more grounds for challenging a candidate after the deadline in subsection (a) of this section, the grounds may be the basis for a protest under G.S. 163‑182.9. (2006‑155, s. 1.)