I was wondering about the "write-in" possibility in NC/Durham. Is it available and, if so, under what parameters is a "write-in" candidate eligible to take office (assuming they win)? Bottom line, would Freda Black be able to win via "write-in" votes?
One would be to file as an unaffiliated candidate, which would require getting the signatures of about 6,400 registered voters by June 30. The other would be to register as a write-in candidate, in which case the person's name would not appear on the ballot. But that would require only 100 signatures.
But under a "sore loser" clause in the law, neither Black nor Bishop could file as an unaffiliated or write-in candidate.
http://216.239.51.104/search?q=cache:YHSftejGAy8J:www.heraldsun.com/durham/4-730902.html+write-in+durham+district+attorney&hl=en&gl=us&ct=clnk&cd=1&client=firefox-a
There are two possibilities:
1. Nomination by petition.
The petition containing the signatures of approximately 6,500 registered voters. The candidate would not be a "Republican" or "Democrat". It actually looks like it is not a huge impediment as the name would appear in a grouping with Nifong as the Dem nominee. The diadvantage is that "straight line" voters would have to be educated to actually vote for an individual candidate AND that by voting straight line they do NOT preclude their individual vote for a Nifong opponent.
The statute does explicitly provide that even a voter marking a "straight party line" on a ballot will have their individual candidate choice counted from off the party line.
I think a legitimate candidate (not a "protest" candidate with minimal qualifications) would stand a very good chance of winning, in that 50,000 of the voters expected to vote in Novmber either voted in the democratic primary and voted against Nifong or didn't vote in the primary and likely would skew against Nifong in a general election, especially with all of the post-primary disclosures.
2. Write in
A candidate must register as a write-in candidate in advance of the election by filing a petition with 100 registered voters signatures. In all practical terms, it would be more difficult to win since not only would a candidate need to persuade a majority of voters, those voters would need to successfully cast write-in ballots, something most voters have never done before. There would be no "prompting" and the voter would have to write in such that "The voter's choice can be clearly determined." using the language in the statute. There would be a space marked "write-in" directly underneath Nifong's ballot position.
In neither case could the vote be for either of the two losing candidates in the May Democrat primary (including Freda Black)since North Carolina has a "sore loser" law.
I would think that if Freda Black were to register as a Republican within the time limits, she would be eligible.