(a)        Who May Initiate. – A contest may be initiated only by a contestant by the filing of a written notice of the intent to petition for a contest in accordance with this section.

(b)        When May Initiate. – The notice of intent may be filed no earlier than the date provided in N.C. Gen. Stat. § 163-182.5 for the canvass by the board of elections with jurisdiction for the office under N.C. Gen. Stat. § 163-182.4 The notice of intent must be filed no later than the latter of: (i) 10 days after a certificate of election has been issued, or (ii) 10 days after the conclusion of the election protest procedure under Article 15A of Chapter 163 of the N.C. Gen. Stat., but in no event may a contestant initiate a contest later than 30 days after the convening of a regular or special session of the General Assembly next after the election.

(c)        Content of Notice. – A notice of intent shall state the grounds for the contest. The grounds shall be either or both of the following:

(1)        Objections to the eligibility or qualifications of the contestee as a candidate in the election based on specific allegations.

(2)        Objections to the conduct or results of the election accompanied by specific allegations that if proven true would have a probable impact on the outcome of the election.

The notice of intent shall also state that a contestee shall file an answer to the notice of intent in accordance with N.C. Gen. Stat. § 120-10.4 The notice of intent shall be signed by the contestant and shall be verified in accordance with Rule 11(b) of the Rules of Civil Procedure. ?(2005-3, s. 2; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)

Terms Used In North Carolina General Statutes 120-10.3

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Contest: A challenge to the apparent election of a member of the General Assembly or a request to determine an undecided election to a seat of the General Assembly in accordance with the provisions of this Article. See North Carolina General Statutes 120-10.2
  • Contestant: An unsuccessful candidate in an election to which this Article applies who initiates a contest. See North Carolina General Statutes 120-10.2
  • Contestee: A candidate in an election to which this Article applies who is not a contestant. See North Carolina General Statutes 120-10.2
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Notice of intent: The notice required to initiate a contest in accordance with the provisions of this Article. See North Carolina General Statutes 120-10.2
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  Previous section
Next section  
 Article 3 Contents