§ 15A-721 Definitions
§ 15A-722 Duty of Governor as to fugitives from justice of other states
§ 15A-723 Form of demand for extradition
§ 15A-724 Governor may cause investigation to be made
§ 15A-725 Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion
§ 15A-726 Extradition of persons not present in demanding state at time of commission of crime
§ 15A-727 Issue of Governor’s warrant of arrest; its recitals
§ 15A-728 Manner and place of execution of warrant
§ 15A-729 Authority of arresting officer
§ 15A-730 Rights of accused person; application for writ of habeas corpus
§ 15A-731 Penalty for noncompliance with § 15A-730
§ 15A-732 Confinement in jail when necessary
§ 15A-733 Arrest prior to requisition
§ 15A-734 Arrest without a warrant
§ 15A-735 Commitment to await requisition; bail
§ 15A-736 Bail in certain cases; conditions of bond
§ 15A-737 Extension of time of commitment; adjournment
§ 15A-738 Forfeiture of bail
§ 15A-739 Persons under criminal prosecution in this State at time of requisition
§ 15A-740 Guilt or innocence of accused, when inquired into
§ 15A-741 Governor may recall warrant or issue alias
§ 15A-742 Fugitives from this State; duty of governors
§ 15A-743 Application for issuance of requisition; by whom made; contents
§ 15A-744 Costs and expenses
§ 15A-745 Immunity from service of process in certain civil actions
§ 15A-746 Written waiver of extradition proceedings
§ 15A-747 Nonwaiver by this State
§ 15A-748 No right of asylum; no immunity from other criminal prosecution while in this State
§ 15A-749 Interpretation
§ 15A-750 Short title

Terms Used In North Carolina General Statutes > Chapter 15A > Article 37

  • Abstract: means a document signed by the members of the board of elections showing the votes for each candidate and ballot proposal on the official ballot in the election. See North Carolina General Statutes 163-182
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • affiliated party committee: means a General Assembly affiliated party committee as established by G. See North Carolina General Statutes 163-278.6
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annual Request by Person With Sickness or Physical Disability: If the applicant reports that the voter has a sickness or physical disability that is expected to last the remainder of the calendar year, the voter may request to vote by mail-in absentee ballot for all of the primaries and elections held during the calendar year when the completed written request under G. See North Carolina General Statutes 163-226
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • board: means the State Board of Elections with respect to all candidates for State, legislative, and judicial offices and the county board of elections with respect to all candidates for county and municipal offices. See North Carolina General Statutes 163-278.6
  • broadcasting station: means any commercial radio or television station or community antenna radio or television station. See North Carolina General Statutes 163-278.6
  • business entity: means any partnership, joint venture, joint-stock company, company, firm, or any commercial or industrial establishment or enterprise. See North Carolina General Statutes 163-278.6
  • candidate: means any individual who, with respect to a public office listed in G. See North Carolina General Statutes 163-278.6
  • canvass: means the entire process of determining that the votes have been counted and tabulated correctly, culminating in the authentication of the official election results. See North Carolina General Statutes 163-182.5
  • Canvassing by County Board of Elections: The county board of elections shall meet at 11:00 A. See North Carolina General Statutes 163-182.5
  • Canvassing by State Board of Elections: After each general election, the State Board of Elections shall meet at 11:00 A. See North Carolina General Statutes 163-182.5
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Certificate of election: means a document prepared by the official or body with the legal authority to do so, conferring upon a candidate the right to assume an elective office as a result of being elected to it. See North Carolina General Statutes 163-182
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Composite abstract: means a document signed by the members of the State Board showing the total number of votes for each candidate and ballot proposal and the number of votes in each county. See North Carolina General Statutes 163-182
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • coordinated expenditure: means an expenditure that is made in concert or cooperation with, or at the request or suggestion of, a candidate, a candidate campaign committee as defined in G. See North Carolina General Statutes 163-278.6
  • coordination: means in concert or cooperation with, or at the request or suggestion of. See North Carolina General Statutes 163-278.6
  • Copy: means all identical versions of a document created or existing in paper form, including the original and all other identical versions of the document in paper form. See North Carolina General Statutes 15A-101.1
  • corporation: means any corporation established under either domestic or foreign charter, and includes a corporate subsidiary and any business entity in which a corporation participates or is a stockholder, a partner or a joint venturer. See North Carolina General Statutes 163-278.6
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • costs of collection: means monies spent by the State Board in the collection of the penalties levied under this Article to the extent the costs do not constitute more than fifty percent (50%) of the civil penalty. See North Carolina General Statutes 163-278.6
  • Covered voter: means any of the following:

    a. See North Carolina General Statutes 163-258.2

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • day: means calendar day. See North Carolina General Statutes 163-278.6
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: means an individual recognized as a dependent by a uniformed service. See North Carolina General Statutes 163-258.2
  • Dependent: A person dependent for support upon another.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Elected officer: Any individual serving in or seeking a public office. See North Carolina General Statutes 163-278.300
  • election: includes a general, primary, second primary, runoff election, bond election, referendum, or special election. See North Carolina General Statutes 163-226
  • election: means any general or special election, a first or second primary, a run-off election, or an election to fill a vacancy. See North Carolina General Statutes 163-278.6
  • election cycle: means the period of time from January 1 after an election for an office through December 31 after the election for the next term of the same office. See North Carolina General Statutes 163-278.6
  • electioneering communication: means any broadcast, cable, or satellite communication, or mass mailing, or telephone bank that has all the following characteristics:

    a. See North Carolina General Statutes 163-278.6

  • enforcement costs: means salaries, overhead, and other monies spent by the State Board of Elections in the enforcement of the penalties provisions of this Article, including the costs of investigators, attorneys, travel costs for State Board employees and its attorneys, to the extent the costs do not constitute more than fifty percent (50%) of the sum levied for the enforcement costs and civil late penalty. See North Carolina General Statutes 163-278.6
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • Expenditure: An expenditure means any purchase, advance, conveyance, deposit, distribution, transfer of funds, loan, payment, gift, pledge, subscription of money, anything of value whatsoever, and any contract, agreement, promise, or other obligation to make an expenditure, by a legal defense fund for a permitted use as provided in G. See North Carolina General Statutes 163-278.300
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • filed: means :

    a. See North Carolina General Statutes 15A-101.1

  • 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
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • general election: as used in this Article , shall include regular municipal elections, runoff elections, and nonpartisan primaries, except where specific provision is made for municipal elections and nonpartisan primaries. See North Carolina General Statutes 163-298
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • 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
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • independent expenditure: means an expenditure to support or oppose the nomination or election of one or more clearly identified candidates that is not a coordinated expenditure. See North Carolina General Statutes 163-278.6
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • individual: means a single individual or more than one individual. See North Carolina General Statutes 163-278.6
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insurance company: means any person whose business is making or underwriting contracts of insurance, and includes mutual insurance companies, stock insurance companies, and fraternal beneficiary associations. See North Carolina General Statutes 163-278.6
  • Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
  • 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.
  • Jurisdiction of State Board of Elections: As used in this Article, the State Board of Elections shall have jurisdiction over the following:

    (1) . See North Carolina General Statutes 163-182.4

  • labor union: means any union, organization, combination or association of employees or workmen formed for the purposes of securing by united action favorable wages, improved labor conditions, better hours of labor or work-related benefits, or for handling, processing or righting grievances by employees against their employers, or for representing employees collectively or individually in dealings with their employers. See North Carolina General Statutes 163-278.6
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal action: A formal dispute in a judicial, legislative, or administrative forum, including but not limited to, a civil or criminal action filed in a court, a complaint or protest filed with a board of elections, an election contest filed under Article 3 of Chapter 120 of the General Statutes or G. See North Carolina General Statutes 163-278.300
  • Legal expense donation: A legal expense donation means any advance, conveyance, deposit, distribution, transfer of funds, loan, payment, gift, subscription of money, or anything of value whatsoever, and any contract, agreement, or other obligation to make a contribution to a legal expense fund for a permitted use as provided in G. See North Carolina General Statutes 163-278.300
  • Legal expense fund: Any collection of money for the purpose of funding a legal action, or a potential legal action, taken by or against an elected officer in that elected officer's official capacity. See North Carolina General Statutes 163-278.300
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • mass mailing: means any mailing by United States mail or facsimile to 20,000 or more households, cumulative per election, in a statewide election or 2,500 households, cumulative per election, in any other election. See North Carolina General Statutes 163-278.6
  • media: means broadcasting stations, carrier current stations, newspapers, magazines, periodicals, outdoor advertising facilities, billboards, newspaper inserts, and any person or individual whose business is polling public opinion, analyzing or predicting voter behavior or voter preferences. See North Carolina General Statutes 163-278.6
  • Military-overseas ballot: means any of the following:

    a. See North Carolina General Statutes 163-258.2

  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • month: shall be construed to mean a calendar month, unless otherwise expressed; and the word "year" a calendar year, unless otherwise expressed; and the word "year" alone shall be equivalent to the expression "year of our Lord. See North Carolina General Statutes 12-3
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • near relative: means spouse, brother, sister, parent, grandparent, child, grandchild, mother-in-law, father-in-law, daughter-in-law, son-in-law, stepparent, or stepchild. See North Carolina General Statutes 163-226
  • oath: shall be construed to include "affirmation" in all cases where by law an affirmation may be substituted for an oath, and in like cases the word "sworn" shall be construed to include the word "affirmed. See North Carolina General Statutes 12-3
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Official capacity: Related to or resulting from the campaign for public office or related to or resulting from holding public office. See North Carolina General Statutes 163-278.300
  • Overseas voter: means a United States citizen who is outside the United States. See North Carolina General Statutes 163-258.2
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: means any business entity, corporation, insurance company, labor union, or professional association. See North Carolina General Statutes 163-278.6
  • political committee: includes the campaign of a candidate who serves as his or her own treasurer. See North Carolina General Statutes 163-278.6
  • political party: means any political party organized or operating in this State, whether or not that party is recognized under the provisions of G. See North Carolina General Statutes 163-278.6
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • professional association: means any trade association, group, organization, association, or collection of persons or individuals formed for the purposes of advancing, representing, improving, furthering or preserving the interests of persons or individuals having a common vocation, profession, calling, occupation, employment, or training. See North Carolina General Statutes 163-278.6
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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:

    a. See North Carolina General Statutes 163-182

  • public office: means any office filled by election by the people on a statewide, county, municipal or district basis, and this Article shall be applicable to such elective offices whether the election therefor is partisan or nonpartisan. See North Carolina General Statutes 163-278.6
  • Public office: As defined in G. See North Carolina General Statutes 163-278.300
  • push poll: shall mean the political campaign technique in which an individual or organization attempts to influence or alter the view of respondents under the guise of conducting a public opinion poll. See North Carolina General Statutes 163-278.6
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • referendum: includes any type of municipal, county, or special district referendum and any initiative or referendum authorized by a municipal charter or local act. See North Carolina General Statutes 163-278.6
  • referendum committee: means a combination of two or more individuals such as a committee, association, organization, or other entity or a combination of two or more business entities, corporations, insurance companies, labor unions, or professional associations such as a committee, association, organization, or other entity the primary purpose of which is to support or oppose the passage of any referendum on the ballot. See North Carolina General Statutes 163-278.6
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) Source: OCC
  • seal: shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. See North Carolina General Statutes 12-3
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See North Carolina General Statutes 163-258.2
  • 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
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • telephone bank: means telephone calls that are targeted to the relevant electorate, except when those telephone calls are made by volunteer workers, whether or not the design of the telephone bank system, development of calling instructions, or training of volunteers was done by paid professionals. See North Carolina General Statutes 163-278.6
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • treasurer: means an individual appointed by a candidate, political committee, or referendum committee as provided in G. See North Carolina General Statutes 163-278.6
  • Treasurer: An individual appointed by an elected officer or other individual or group of individuals collecting money for a legal expense fund. See North Carolina General Statutes 163-278.300
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uniformed service: means any of the following:

    a. See North Carolina General Statutes 163-258.2

  • Uniformed-service voter: means an individual who is qualified to vote and is one of the following:

    a. See North Carolina General Statutes 163-258.2

  • United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.