#ncga: When will HD-92 vacancy be filled?

jeterThere is an election coming up in November.  The incumbent in House District 92, Charles Jeter (R), resigned his seat and dropped out of the election on July 25. Right now, the GOP has no candidate in the race.  There IS a Democrat in place. 

The House Republican caucus quickly gathered to vote on someone to fill Jeter’s post in House leadership.  Now, the county GOP leadership needs to nominate a candidate to fill the seat. We’re pretty much three months away from the election.  A newcomer will need every day and hour he or she can get to campaign. What’s the holdup?

Local leaders must give ten days notice of a meeting to select a replacement for Jeter.  From what I’m hearing from Mecklenburg GOP sources, no one has heard a word about any such meeting.

The Mecklenburg GOP web site does not mention any sort of meeting about the HD-92 vacancy.  Nor could I find any solicitations for candidates.   The official General Assembly site still shows Jeter’s seat as vacant.

Here is what state law says about filling vacancies:

§ 163-114. Filling vacancies among party nominees occurring after nomination and before election.
If any person nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general election, the vacancy shall be filled by appointment according to the following instructions:


The party executive making a nomination in accordance with the provisions of this section shall certify the name of its nominee to the chairman of the board of elections, State or county, that has jurisdiction over the ballot item under G.S. 163-182.4. If at the time a nomination is made under this section the general election ballots have already been printed, the provisions of G.S.163-165.3(c) shall apply. If a vacancy occurs in a nomination of a political party and that vacancy arises from a cause other than death and the vacancy in nomination occurs more than 120 days before the general election, the vacancy in nomination may be filled under this section only if the appropriate executive committee certifies the name of the nominee in accordance with this paragraph at least 75 days before the general election.

In a county not all of which is located in one congressional district, in choosing the congressional district executive committee member or members from that area of the county, only the county convention delegates or county executive committee members who reside within the area of the county which is within the congressional district may vote.

In a county which is partly in a multi-county senatorial district or which is partly in a multi-county House of Representatives district, in choosing that county’s member or members of the senatorial district executive committee or House of Representatives district executive committee for the multi-county district, only the county convention delegates or county executive committee members who reside within the area of the county which is within that multi-county district may vote.

An individual whose name appeared on the ballot in a primary election preliminary to the general election shall not be eligible to be nominated to fill a vacancy in the nomination of another party for the same office in the same year. (1929, c. 164, s. 19; 1967, c. 775, s. 1; 1973, c. 793, s. 45; 1981 (Reg. Sess., 1982), c. 1265, ss. 4, 5; 1987, c. 509, s. 10; c. 526; c. 738, s. 124; 1987 (Reg. Sess., 1988), c. 1037, s. 126.1; 1991, c. 727, s. 8; 1996, 2nd Ex. Sess., c. 9, s. 13; 2001-353, s. 1; 2001-403, s. 8; 2001-460, s. 4; 2003-142, s. 1; 2006-234, s. 6.)

Here is what state law says about  appointing a replacement nominee:

§ 163-113. Nominee’s right to withdraw as candidate.
A person who has been declared the nominee of a political party for a specified office under the provisions of G.S. 163-182.15 or G.S. 163-110, shall not be permitted to resign as a candidate unless, prior to the first day on which military and overseas absentee ballots are transmitted to voters under Article 21A of this Chapter, that [the] person submits to the board of elections which certified the nomination a written request that person be permitted to withdraw. (1929, c. 164, s. 8; 1967, c. 775, s. 1; 2001-398, s. 6; 2013-381, s. 23.1.)

Charlotte area media is quoting local GOP sources as saying it is a “given” that Tom Davis, who lost the March primary for the seat to Jeter by roughly two dozen votes, will be selected as the replacement nominee.  Again, what are we waiting for?