§ 163‑111. Determination of primary results; second primaries.
(a) Nomination Determined by Substantial Plurality; Definition of Substantial Plurality.
– Except as otherwise provided in this section, nominations in primary elections shall be
determined by a substantial plurality of the votes cast. A substantial plurality within the meaning
of this section shall be determined as follows:
(1) If a nominee for a single office is to be selected, and there is more than one
person seeking nomination, the substantial plurality shall be ascertained by
multiplying the total vote cast for all aspirants by thirty percent (30%). Any
excess of the sum so ascertained shall be a substantial plurality, and the
aspirant who obtains a substantial plurality shall be declared the nominee. If
two candidates receive a substantial plurality, the candidate receiving the
highest vote shall be declared the nominee...
(b) Right to Demand Second Primary. – If an insufficient number of aspirants receive a
substantial plurality of the votes cast for a given office or group of offices in a primary, a second
primary, subject to the conditions specified in this section, shall be held:
(1) If a nominee for a single office is to be selected and no aspirant receives a
substantial plurality of the votes cast, the aspirant receiving the highest
number of votes shall be declared nominated by the appropriate board of
elections unless the aspirant receiving the second highest number of votes
shall request a second primary in accordance with the provisions of subsection
(c) of this section. In the second primary only the two aspirants who received
the highest and next highest number of votes shall be voted for...
(c) Procedure for Requesting Second Primary. –
(1) A candidate who is apparently entitled to demand a second primary, according
to the unofficial results, for one of the offices listed below, and desiring to do
so, shall file a request for a second primary in writing with the Executive
Director of the State Board of Elections no later than 12:00 noon on the ninth
day (including Saturdays and Sundays) following the date on which the
primary was conducted, and such request shall be subject to the certification of
the official results by the State Board of Elections...