October 19, 1983
Subject: Election Nonpartisan municipal withdrawal of candidate after filing deadline but before election day.
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