Numbered Memo 2015-05: 2016 Primary Election

Yesterday evening, Governor Pat McCrory signed House Bill 373 (HB 373). We can now move forward with preparations for holding all 2016 primary election contests on a single date: Tuesday, March 15, 2016. The purpose of this numbered memo is to provide information about many of the processes required in preparation for the 2016 primary election.

Background on HB 373

HB 373 reunites the presidential preference primary and the general primary for 2016 only. Under the revised calendar, the 2016 primary election will be held March 15. If a second primary is required for any federal contest, all second primaries will be held May 24 (in the absence of any federal runoffs, the second primary date will be May 3). Candidate filing and campaign finance deadlines are adjusted, with temporary power given to the State Board to suspend, change or add requirements where necessary to facilitate implementation of the new timeline.

SEIMS Preparations

The State Board of Elections will enter an “election event” date for March 15, 2016, which should be available tomorrow. Our staff will setup the following contests:

• Presidential Preference Primary
• U.S. Senate
• U.S. House of Representatives
• Governor
• Lieutenant Governor
• Secretary of State
• Auditor
• Treasurer
• Superintendent of Public Instruction
• Attorney General Commissioner of Agriculture
• Commissioner of Labor
• Commissioner of Insurance
• N.C. Senate
• N.C. House
• N.C. Supreme Court
• N.C. Court of Appeals
• District Attorney
• Clerk of Superior Court (county jurisdictional contest) (new)
• Register of Deeds (county jurisdictional contest) (new)
• Sheriff (county jurisdictional contest) (new)
• Coroner (county jurisdictional contest) (new)

This will be the first time State Board staff will enter certain county-level contests into SEIMS. Affected contests are noted above. We will not enter county commissioners, soil & water conservation district supervisors or any other local contests. Your office must be aware of all contests within your county; please contact local governing bodies to confirm your information regarding any seat that has become vacant or that has been filled by appointment pending an election to fill that vacancy. These seats may be subject to an unexpired term contest.

All contests entered in SEIMS under the 2016 general election event will be set up as being subject to a primary. This arrangement will permit SEIMS to create both general election and primary contests. Contests that are not in fact subject to a primary will be deleted from Election Setup at the appropriate time after the close of the candidate filing period. Please enter all of your contests into SEIMS no later than Oct. 16. State Board staff will begin entering the above listed contests after the canvass of November municipal elections.

Additional updates regarding SEIMS applications will be forthcoming.

Candidate Filing Period

The candidate filing period will begin at noon on Tuesday, Dec. 1, 2015 and end at noon on Monday, Dec. 21, 2015. Counties conducting November municipal elections should note that the candidate filing period will begin three weeks after the November canvass.

December is customarily a time in elections when we catch our breath, but we will not have that opportunity this year. You must begin preparation now — if you have not already — to ensure full coverage of the office throughout the entire candidate filing period. We will provide all counties with candidate filing packets that include voter outreach materials. These materials are on order and will be made available to you as soon as they are delivered to the State Board of Elections Office.

Candidate filing forms and information regarding current filing fees for state offices are updated and available online: Notice of Candidacy. Please ensure your website includes the current filing forms with current filing fee information. Refer to Filing fees required of candidates in primary; refunds (N.C.G.S. § 163-107) to determine the filing fee amount to set for local offices (usually 1% of the actual salary of the elected position). You should confirm the current salary of any county or local office that will be on your county’s ballot in 2016.

HB 373 provides that a candidate is eligible to file a Notice of Candidacy for a partisan primary only if that individual has affiliated with that political party for 75 days. A candidate who changed party affiliation on or before Sept. 17 will be able to file at any time during the candidate filing period. Otherwise, you should refer to the following schedule to determine the earliest date a candidate may file for a partisan contest after changing party affiliation. Note that if an eligibility date falls on a weekend, the candidate must wait until the upcoming Monday or later to file for a partisan primary contest.

Filing Schedule

Ballot Coding, Proofing and Printing

Accurate ballot coding is critical to ensuring successful primary elections. We all have important roles in this process. In order for State Board staff to ensure the accuracy of all data within SEIMS, it is necessary that you complete all relevant geocode changes no later than Friday, Dec. 18. You must verify that all of your jurisdictional assignments are correct. Following the November municipal elections, you will receive a new DRR report from our voting systems staff. You will be required to review the report and either confirm that your geocode is accurate or notify State Board staff that you will be making changes, which must be completed no later than Dec. 18. If you have questions about any of your jurisdictional boundaries, please contact us immediately. Once all changes have been made in SEIMS, State Board staff will provide the jurisdictional database to Print Elect for use in ballot coding.

The State Board of Elections will determine a method of random selection for the order of candidate names on the ballot after the close of the candidate filing period. You will then be able to arrange the order of your candidates on the ballot. Counties must have all contests and candidates properly arranged by Monday, Jan. 4.

As required under HB 373, the State Board of Elections will meet on Tuesday, Jan. 5 to nominate presidential candidates for the 2016 primary election. Following that meeting, State Board staff will provide election imports to Print Elect. It is critical that all ballot preparations be completed on time so that ballots are thoroughly proofed, printed, and available for absentee voting on Monday, Jan. 25. This deadline requires that everyone involved works accurately and timely. Please expect additional information on this very important process as the candidate filing period approaches.

Education and Training of Election Officials

Comprehensive and uniform training of our precinct officials and early voting workers is essential and is required of every county board of elections. Every voter should expect to be treated the same way by one-stop early voting workers and by Election Day precinct officials, regardless of where and when they vote throughout our state. To accomplish this goal, we are producing training videos and additional training materials. We understand your need to have these materials well in advance of training sessions. All training materials should be in your possession at the beginning of the candidate filing period.

Master Election Calendar

In an effort to provide a single access-point for all critical dates, we have developed a Master Election Calendar that contains dates related to election administration and campaign finance: Election Calendars Folder | NCSBE Public Files. We have made every effort to verify the information contained in the calendar on short order. The document is meant as a guide and is subject to further revision. Please bear in mind that HB 373 gave the State Board special authority to issue orders and alter requirements as necessary to implement the new primary date. Please let us know whether you have any questions or spot any issues.

One-Stop/Early Voting Implementation Plans

The one-stop early voting hours matching requirements in place last year will again apply in 2016 pursuant to G.S. § 163-227.2(g2). For the 2016 primary, each county must offer at least as many cumulative early voting hours as provided in the 2012 May primary. Therefore, each county must offer as many cumulative early voting hours for the 2016 general election as were provided in the 2012 general election. Hour totals for 2012 elections are posted online for your reference: One-Stop Early Voting Hours (2010, 2012) (XLSX). One-stop implementation plans are due to the State Board of Elections no later than Friday, Jan. 15.

Counties that would seek a reduction in the number of required hours under G.S. § 163-227.2(g3) must understand that a request by a county board of elections must be unanimous. State Board approval must also be unanimous. Counties seeking such a reduction must submit the request no later than Thursday, Dec. 31, 2015.

Further details about one-stop implementation plans for the 2016 primary will be communicated in a separate numbered memo. Counties that have not already begun planning early voting schedules for the 2016 primary election should do so soon.

Mock Election

We will conduct a mock election on Thursday, Feb. 18. Please mark this date on your calendar and stay tuned for preparation details.

Campaign Finance Reporting Schedule

HB 373 includes a change to the campaign finance reporting schedule that is made necessary by the primary date change:

• For 2016, the First Quarter Plus Report has been replaced by a report that will be due on Monday, March 7, and will cover the time period from Jan. 1 through Feb. 29.
• The Second Quarter report will cover the time period from March 1, 2016 through June 30.
• The 48-Hour reporting period will begin on March 1, 2016 and will end on March 15.

The candidate filing packets will include these changes to the schedule and an explanation of required reports. All dates relevant to campaign finance responsibilities will be included in the master election calendar.

State Board Training

We have very few windows for training prior to March 15. Due to these scheduling constraints, we are working hard to find an appropriate venue on dates that will not conflict with other required election events. We will inform you of the date and location as soon as we have that information.

Given new election procedures that take effect in 2016, pending court decisions that could affect those changes, and the adjournment of the General Assembly this week, our best efforts are being dedicated to provide you clear, complete, accurate information and guidance as soon as possible.

From Murphy to Manteo, county election directors face challenging deadlines, and we face them here in Raleigh. Success depends upon our working together, so please know that we are working with your concerns in mind.

↓ 2016 Primary Election: Numbered Memo 2015-05 (PDF)

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