North Carolina General Statutes 163-182.11. Appeal of a protest decision by the county board to the State Board of Elections
(a) Notice and Perfection of Appeal. – The decision by the county board of elections on an election protest may be appealed to the State Board of Elections by any of the following:
(1) The person who filed the protest.
Terms Used In North Carolina General Statutes 163-182.11
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Protest: means a complaint concerning the conduct of an election which, if supported by sufficient evidence, may require remedy by one or more of the following:
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- 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
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(2) A candidate or elected official adversely affected by the county board’s decision.
(3) Any other person who participated in the hearing and has a significant interest adversely affected by the county board’s decision.
Written notice of the appeal must be given to the county board within 24 hours after the county board files the written decision at its office. The appeal to the State Board must be in writing. The appeal must be delivered or deposited in the mail, addressed to the State Board, by the appropriate one of the following: (i) the end of the second day after the day the decision was filed by the county board in its office, if the decision concerns a first primary; or (ii) the end of the fifth day after the day the decision was filed in the county board office, if the decision concerns an election other than a first primary.
The State Board shall prescribe forms for filing appeals from the county board.
(b) Consideration of Appeal by State Board. – In its consideration of an appeal from a decision of a county board of elections on a protest, the State Board of Elections may do any of the following:
(1) Decide the appeal on the basis of the record from the county board, as long as the county board has made part of the record a transcript of the evidentiary hearing.
(2) Request the county board or any interested person to supplement the record from the county board, and then decide the appeal on the basis of that supplemented record.
(3) Receive additional evidence and then decide the appeal on the basis of the record and that additional evidence.
(4) Hold its own hearing on the protest and resolve the protest on the basis of that hearing.
(5) Remand the matter to the county board for further proceedings in compliance with an order of the State Board.
The State Board shall follow the procedures set forth in subsections (c) and (d) of N.C. Gen. Stat. § 163-182.10 except where they are clearly inapplicable.
The State Board shall give notice of its decision as required by N.C. Gen. Stat. § 163-182.14, and may notify the county board and other interested persons in its discretion. (2001-398, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)