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North Carolina General Statutes 163-87 - Challenges allowed on day of primary or election

North Carolina General Statutes > Chapter 163 > Article 8 > § 163-87 - Challenges allowed on day of primary or election


Current as of: 2010

On the day of a primary or election, at the time a registered voter offers to vote, any other registered voter of the precinct may exercise the right of challenge, and when he does so may enter the voting enclosure to make the challenge, but he shall retire therefrom as soon as the challenge is heard.

On the day of a primary or election, any other registered voter of the precinct may challenge a person for one or more of the following reasons:

(1) One or more of the reasons listed in Gen. Stat. 163-85(c).

(2) That the person has already voted in that primary or election.

(3) Repealed by Session Laws 2009-541, s. 16.1(b), effective August 28, 2009.

(4) If the challenge is made with respect to voting in a partisan primary, that the person is a registered voter of another political party.

The chief judge, judge, or assistant appointed under Gen. Stat. 163-41 or 163-42 may enter challenges under this section against voters in the precinct for which appointed regardless of the place of residence of the chief judge, judge, or assistant.

If a person is challenged under this subsection, and the challenge is sustained under Gen. Stat. 163-85(c)(3), the voter may still transfer his registration under Gen. Stat. 163-82.15(e) if eligible under that section, and the registration shall not be cancelled under Gen. Stat. 163-90.2(a) if the transfer is made. A person who has transferred his registration under Gen. Stat. 163-82.15(e) may be challenged at the precinct to which the registration is being transferred. (1915, c. 101, s. 11; 1917, c. 218; C.S., s. 6031; 1921, c. 181, s. 6; 1923, c. 111, s. 14; 1929, c. 164, s. 36; 1953, c. 843; 1955, c. 800; c. 871, s. 7; 1959, c. 616, s. 2; c. 1203, s. 7; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1985, c. 563, ss. 11.4, 14; 1987, c. 408, s. 7; 1993 (Reg. Sess., 1994), c. 762, s. 26; 1995 (Reg. Sess., 1996), c. 734, s. 4; 2006-262, s. 3(a); 2009-541, s. 16.1(b).)

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North Carolina Laws: Elections and Apportionment

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U.S. Constitution Provisions: Elections and Apportionment

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U.S. Code Provisions: Elections and Apportionment

U.S. Code > Title 2 > Chapter 1 - Election Of Senators And Representatives
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