North Carolina § 163-90 - 2. Action when challenge sustained, overruled, or dismissed.

§ 163-90. 2. Action when challenge sustained, overruled, or dismissed.

When any challenge is sustained for any cause listed under G.S. 163-85(c), the board shall cancel or correct the voter registration of the voter. The board shall maintain such record for at least six months and during the pendency of any appeal. The challenged ballot shall be counted for any ballot items for which the challenged voter is eligible to vote, as if it were a provisional official ballot under the provisions of G.S. 163-166.11(4). When any challenge made under G.S. 163-85 is overruled or dismissed, the board shall erase the word "challenged" which appears on the person's registration records. A decision by a county board of elections on any challenge made under the provisions of this Article shall be appealable to the Superior Court of the county in which the offices of that board are located within 10 days. Only those persons against whom a challenge is sustained or persons who have made a challenge which is overruled shall have standing to file such appeal. History (1979, c. 357, s. 4; 1987 (Reg. Sess., 1988), c. 1028, s. 11; 2006-262, s. 3(b); 2017-6, s. 3; 2018-146, s. 31(a), (b).) Editor's Note. - This section was recodified as now former G.S. 163A-919 by Session Laws 2017-6, s. 3. Former G.S. 163A-919 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 2006-262, s. 5, provides that s. 3(b) of this act, which amended this section, is effective when it becomes law, except that any criminal penalty resulting from Session Laws 2006-262 becomes effective October 1, 2006. Prosecutions for offenses committed before October 1, 2006, are not abated or affected by Session Laws 2006-262, and the statutes that would be applicable but for this act remain applicable to those prosecutions. Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.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 2006-262, s. 3(b), effective August 27, 2006, in subsection (a), inserted "or correct", substituted "voter. The board" for "voter and shall remove his card from the book, but", and added the last sentence; and deleted former subsection (b) which read: "When any challenge heard under G.S. 163-88 or 163-89 is sustained on the ground that the voter is not affiliated with the political party shown on his registration record, the board shall change the voter's party affiliation to 'unaffiliated.'"