North Carolina § 163-27 - 1. Emergency powers.

§ 163-27. 1. Emergency powers.

The Executive Director, as chief State elections official, may exercise emergency powers to conduct an election in a district where the normal schedule for the election is disrupted by any of the following: A natural disaster. Extremely inclement weather. An armed conflict involving Armed Forces of the United States, or mobilization of those forces, including North Carolina National Guard and reserve components of the Armed Forces of the United States. Nothing in this Chapter shall grant authority to the State Board of Elections to alter, amend, correct, impose, or substitute any plan apportioning or redistricting State legislative or congressional districts other than a plan imposed by a court under G.S. 120-2.4 or a plan enacted by the General Assembly. Nothing in this Chapter shall grant authority to the State Board of Elections to alter, amend, correct, impose, or substitute any plan apportioning or redistricting districts for a unit of local government other than a plan imposed by a court, a plan enacted by the General Assembly, or a plan adopted by the appropriate unit of local government under statutory or local act authority. Under no circumstances shall the Executive Director or the State Board of Elections have the authority to do any of the following: Deliver absentee ballots to an eligible voter who did not submit a valid written request form for absentee ballots as provided in G.S. 163-230.1 and G.S. 163-230.2. Order an election to be conducted using all mail-in absentee ballots. In exercising those emergency powers, the Executive Director shall avoid unnecessary conflict with the provisions of this Chapter. The Executive Director shall adopt rules describing the emergency powers and the situations in which the emergency powers will be exercised. History (1999-455, s. 23; 2001-319, s. 11; 2011-183, s. 110; 2016-125, 4th Ex. Sess., s. 20(d); 2017-6, s. 3; 2018-146, s. 3.1(a), (b); 2020-17, s. 6.) Editor's Note. - This section was recodified as now former G.S. 163A-750 by Session Laws 2017-6, s. 3. Former G.S. 163A-750 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 Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.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 2011-183, s. 110, effective June 20, 2011, in subdivision (3), substituted "Armed Forces of the United States" for "United States armed forces" and "North Carolina National Guard and reserve components of the Armed Forces of the United States" for "State National Guard and reserve components." Session Laws 2016-125, 4th Ex. Sess., s. 20(d), effective December 16, 2016, added subsection (a) designation; and added subsections (b) and (c). Session Laws 2020-17, s. 6, effective June 12, 2020, added subsection (d).