North Carolina § 163-182 - 9. Filing an election protest.

§ 163-182. 9. Filing an election protest.

Who May File a Protest With County Board. - A protest concerning the conduct of an election may be filed with the county board of elections by any registered voter who was eligible to vote in the election or by any person who was a candidate for nomination or election in the election. How Protest May Be Filed. - The following principles shall apply to the filing of election protests with the county board of elections: The protest shall be in writing and shall be signed by the protester. It shall include the protester's name, address, and telephone number and a statement that the person is a registered voter in the jurisdiction or a candidate. The protest shall state whether the protest concerns the manner in which votes were counted and results tabulated or concerns some other irregularity. The protest shall state what remedy the protester is seeking. The timing for filing a protest shall be as follows: If the protest concerns the manner in which votes were counted or results tabulated, the protest shall be filed before the beginning of the county board of election's canvass meeting. If the protest concerns the manner in which votes were counted or results tabulated and the protest states good cause for delay in filing, the protest may be filed until 5:00 P.M. on the second business day after the county board of elections has completed its canvass and declared the results. If the protest concerns an irregularity other than vote counting or result tabulation, the protest shall be filed no later than 5:00 P.M. on the second business day after the county board has completed its canvass and declared the results. If the protest concerns an irregularity on a matter other than vote counting or result tabulation and the protest is filed before election day, the protest proceedings shall be stayed, unless a party defending against the protest moves otherwise, until after election day if any one of the following conditions exists: The ballot has been printed. The voter registration deadline for that election has passed. Any of the proceedings will occur within 30 days before election day. State Board to Prescribe Forms. - The State Board of Elections shall prescribe forms for filing protests. History (2001-398, s. 3; 2005-428, s. 4; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) Editor's Note. - This section was recodified as now former G.S. 163A-1177 by Session Laws 2017-6, s. 3. Former G.S. 163A-1177 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified. Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section. Effect of Amendments. - Session Laws 2005-428, s. 4, effective January 1, 2006, and applicable to all primaries and elections held on or after that date, substituted "5:00 P.M. on the second business day" for "6:00 P.M. on the second day" in subdivisions (b)(4)b. and (b)(4)c. Legal Periodicals. - For note, "Electoral Due Process,” see 68 Duke L.J. 595 (2018).