Race For Wynn's Seat Will Require Instant Runoff Voting

Article Date: Tuesday, August 31, 2010

Written By: Russell Rawlings

When Judge James Wynn was sworn in earlier this month as the newest member of the Fourth U.S. Circuit Court of Appeals, it brought to an end a long wait for the two-time nominee.

It also brought about a quick turnaround for the N.C. Board of Elections, which completed a one-week filing period Aug. 31 for Wynn’s vacant seat on the N.C. Court of Appeals. The seat will be up for grabs in the Nov. 2 election, marking the first time North Carolina’s new instant runoff voting will be used in a statewide election.

 

This is also the first time the instant runoff procedure has been used nationally in a statewide race, according to Damon Circosta, executive director of the N.C. Center for Voter Education.

 

The statute creating instant runoff voting (G.S. 163-329) was enacted in 2006 in the aftermath of an eight-candidate, winner-take-all race for Justice Robert Orr’s seat on the N.C. Supreme Court. Justice Paul Newby prevailed in that race.

 

The field for this race is even more crowded with 13 candidates filing for Wynn’s seat. They are:

John F. Bloss of Greensboro;
J. Wesley Casteen of Wilmington;
Chris Dillon of Raleigh;
Jewel Ann Farlow of Greensboro;
Daniel E. Garner of Wake Forest;
Stan Hammer of Greensboro;
Mark E. Klass of Lexington:
Doug McCullough of Atlantic Beach;
Anne Middleton of Raleigh;
Harry E. Payne Jr. of Raleigh:
John Sullivan of Raleigh;
Cressie Thigpen of Raleigh; and
Pamela M. Vesper of Raleigh.

Judge Thigpen was appointed to Wynn’s vacant seat on Aug. 23.

Three other seats on the Court of Appeals are being contested this year while a fourth incumbent, Judge Sanford Steelman, is unopposed.

 

The statute regarding instant runoff voting reads as follows:

§ 163329. Elections to fill vacancy in office created after primary filing period opens.
(a)        General. – If a vacancy is created in the office of justice of the Supreme Court, judge of the Court of Appeals, or judge of superior court after the filing period for the primary opens but more than 60 days before the general election, and under the Constitution of North Carolina an election is to be held for that position, such that the office shall be filled in the general election as provided in G.S. 1639, the election to fill the office for the remainder of the term shall be conducted without a primary using the method provided in subsection (b1) of this section. If a vacancy is created in the office of justice of the Supreme Court, judge of the Court of Appeals, or judge of superior court before the filing period for the primary opens, and under the Constitution of North Carolina an election is to be held for that position, such that the office shall be filled in the general election as provided in G.S. 1639, the election to fill the office for the remainder of the term shall be conducted in accordance with G.S. 163322.

(b)        Repealed by Session Laws 2006192, s. 8(a), effective August 3, 2006, and applicable to vacancies occurring on or after that date.

(b1)      Method for Vacancy Election. – If a vacancy for the office of justice of the Supreme Court, judge of the Court of Appeals, or judge of the superior court occurs more than 60 days before the general election and after the opening of the filing period for the primary, then the State Board of Elections shall designate a special filing period of one week for candidates for the office. If more than two candidates file and qualify for the office in accordance with G.S. 163323, then the Board shall conduct the election for the office as follows:

     (1)        When the vacancy described in this section occurs more than 63 days before the date of the second primary for members of the General Assembly, a special primary shall be held on the same day as the second primary. The two candidates with the most votes in the special primary shall have their names placed on the ballot for the general election held on the same day as the general election for members of the General Assembly.

     (2)        When the vacancy described in this section occurs less than 64 days before the date of the second primary, a general election for all the candidates shall be held on the same day as the general election for members of the General Assembly and the "instant runoff voting" method shall be used to determine the winner. Under "instant runoff voting," voters rank up to three of the candidates by order of preference, first, second, or third. If the candidate with the greatest number of firstchoice votes receives more than fifty percent (50%) of the firstchoice votes, that candidate wins. If no candidate receives that minimum number, the two candidates with the greatest number of firstchoice votes advance to a second round of counting. In this round, each ballot counts as a vote for whichever of the two final candidates is ranked highest by the voter. The candidate with the most votes in the second round wins the election. If more than one seat is to be filled in the same race, the voter votes the same way as if one seat were to be filled. The counting is the same as when one seat is to be filled, with one or two rounds as needed, except that counting is done separately for each seat to be filled. The first count results in the first winner. Then the second count proceeds without the name of the first winner. This process results in the second winner. For each additional seat to be filled, an additional count is done without the names of the candidates who have already won. In multiseat contests, the State Board of Elections may give the voter more than three choices.

     (3)        If two or more candidates receiving the highest number of votes each receive the same number of votes, the board of elections shall resolve the tie in accordance with G.S. 163182.8.  

(c)        Applicable Provisions. – Except as provided in this section, the provisions of this Article apply to elections conducted under this section.

(d)        Rules. – The State Board of Elections shall adopt rules for the implementation of this section. The rules are not subject to Article 2A of Chapter 150B of the General Statutes. The rules shall include the following:
     (1)        If after the firstchoice candidate is eliminated, a ballot does not indicate one of the uneliminated candidates as an alternative choice, the ballot is exhausted and shall not be counted after the initial round.
     (2)        The fact that the voter does not designate a second or third choice does not invalidate the voter's higher choice or choices.
     (3)        The fact that the voter gives more than one ranking to the same candidate shall not invalidate the vote. The highest ranking given a particular candidate shall count as long as the candidate is not eliminated.
     (4)        In case of a tie between candidates such that two or more candidates have an equal number of first choices and more than two candidates qualify for the second round, instant runoff voting shall be used to determine which two candidates shall advance to the second round. (1996, 2nd Ex. Sess., c. 9, s. 7; 2001403, s. 12.1; 2002158, s. 7; 2006192, s. 8(a).)