§ 163‑182.10. Consideration of protest bycounty board of elections.
(a) Preliminary Consideration. The following principles shallapply to the initial consideration of election protests by the county board ofelections:
(1) The county board shall, as soon as possible after theprotest is filed, meet to determine whether the protest substantially complieswith G.S. 163‑182.9 and whether it establishes probable cause to believethat a violation of election law or irregularity or misconduct has occurred. Ifthe board determines that one or both requirements are not met, the board shalldismiss the protest. The board shall notify both the protester and the StateBoard of Elections. The protester may file an amended protest or may appeal tothe State Board. If the board determines that both requirements are met, itshall schedule a hearing.
(2) If a protest was filed before the canvass and concerns thecounting and tabulating of votes, the county board shall resolve the protestbefore the canvass is completed. If necessary to provide time to resolve theprotest, the county board may recess the canvass meeting, but shall not delaythe completion of the canvass for more than three days unless approved by theState Board of Elections. Resolution of the protest shall not delay the canvassof ballot items unaffected by the protest. The appeal of a dismissal shall notdelay the canvass.
(3) If a protest concerns an irregularity other than thecounting or tabulating of votes, that protest shall not delay the canvass.
(b) Notice of Hearing. The county board shall give notice ofthe protest hearing to the protester, any candidate likely to be affected, anyelection official alleged to have acted improperly, and those persons likely tohave a significant interest in the resolution of the protest. Each person givennotice shall also be given a copy of the protest or a summary of itsallegations. The manner of notice shall be as follows:
(1) If the protest concerns the manner in which the votes werecounted or the results tabulated, the protester shall be told at the time offiling that the protest will be heard at the time of the canvass. Others shallbe notified as far in advance of the canvass as time permits.
(2) If the protest concerns a matter other than the manner in whichvotes were counted or results tabulated, the county board shall comply withrules to be promulgated by the State Board of Elections concerning reasonablenotice of the hearing.
Failure to comply with the notice requirements in this subsection shallnot delay the holding of a hearing nor invalidate the results if it appearsreasonably likely that all interested persons were aware of the hearing and hadan opportunity to be heard.
(c) Conduct of Hearing. The following principles shall applyto the conduct of a protest hearing before the county board of elections:
(1) The county board may allow evidence to be presented at thehearing in the form of affidavits or it may examine witnesses. The chair or anytwo members of the board may subpoena witnesses or documents. Each witness mustbe placed under oath before testifying.
(2) The county board may receive evidence at the hearing fromany person with information concerning the subject of the protest. The personwho made the protest shall be permitted to present allegations and introduceevidence at the hearing. Any other person to whom notice of hearing was given,if present, shall be permitted to present evidence. The board may allowevidence by affidavit. The board may permit evidence to be presented by aperson to whom notice was not given, if the person apparently has a significantinterest in the resolution of the protest that is not adequately represented byother participants.
(3) The hearing shall be recorded by a reporter or by mechanicalmeans, and the full record of the hearing shall be preserved by the countyboard until directed otherwise by the State Board.
(d) Findings of Fact and Conclusions of Law by County Board. The county board shall make a written decision on each protest which shall stateseparately each of the following:
(1) Findings of fact. The findings of fact shall be basedexclusively on the evidence and on matters officially noticed. Findings offact, if set forth in statutory language, shall be accompanied by a concise andexplicit statement of the underlying facts supporting them.
(2) Conclusions of law. The conclusions the county board maystate, and their consequences for the board's order, are as follows:
a. "The protest should be dismissed because it does notsubstantially comply with G.S. 163‑182.9." If the board makes thisconclusion, it shall order the protest dismissed.
b. "The protest should be dismissed because there is notsubstantial evidence of a violation of the election law or other irregularityor misconduct." If the county board makes this conclusion, it shall orderthe protest dismissed.
c. "The protest should be dismissed because there is notsubstantial evidence of any violation, irregularity, or misconduct sufficientto cast doubt on the results of the election." If the county board makesthis conclusion, it shall order the protest dismissed.
d. "There is substantial evidence to believe that aviolation of the election law or other irregularity or misconduct did occur,and might have affected the outcome of the election, but the board is unable tofinally determine the effect because the election was a multicountyelection." If the county board makes this conclusion, it shall order thatthe protest and the county board's decision be sent to the State Board foraction by it.
e. "There is substantial evidence to believe that aviolation of the election law or other irregularity or misconduct did occur andthat it was sufficiently serious to cast doubt on the apparent results of theelection." If the county board makes this conclusion, it may order any ofthe following as appropriate:
1. That the vote total as stated in the precinct return orresult of the canvass be corrected and new results declared.
2. That votes be recounted.
3. That the protest and the county board's decision be sent tothe State Board for action by it.
4. Any other action within the authority of the county board.
(3) An order. Depending on the conclusion reached by thecounty board, its order shall be as directed in subdivision (c)(2). If thecounty board is not able to determine what law is applicable to the Findings ofFact, it may send its findings of fact to the State Board for it to determinethe applicable law.
(e) Rules by State Board of Elections. The State Board ofElections shall promulgate rules providing for adequate notice to parties,scheduling of hearings, and the timing of deliberations and issuance ofdecision. (2001‑398, s. 3.)
§ 163‑182.10. Consideration of protest bycounty board of elections.
(a) Preliminary Consideration. The following principles shallapply to the initial consideration of election protests by the county board ofelections:
(1) The county board shall, as soon as possible after theprotest is filed, meet to determine whether the protest substantially complieswith G.S. 163‑182.9 and whether it establishes probable cause to believethat a violation of election law or irregularity or misconduct has occurred. Ifthe board determines that one or both requirements are not met, the board shalldismiss the protest. The board shall notify both the protester and the StateBoard of Elections. The protester may file an amended protest or may appeal tothe State Board. If the board determines that both requirements are met, itshall schedule a hearing.
(2) If a protest was filed before the canvass and concerns thecounting and tabulating of votes, the county board shall resolve the protestbefore the canvass is completed. If necessary to provide time to resolve theprotest, the county board may recess the canvass meeting, but shall not delaythe completion of the canvass for more than three days unless approved by theState Board of Elections. Resolution of the protest shall not delay the canvassof ballot items unaffected by the protest. The appeal of a dismissal shall notdelay the canvass.
(3) If a protest concerns an irregularity other than thecounting or tabulating of votes, that protest shall not delay the canvass.
(b) Notice of Hearing. The county board shall give notice ofthe protest hearing to the protester, any candidate likely to be affected, anyelection official alleged to have acted improperly, and those persons likely tohave a significant interest in the resolution of the protest. Each person givennotice shall also be given a copy of the protest or a summary of itsallegations. The manner of notice shall be as follows:
(1) If the protest concerns the manner in which the votes werecounted or the results tabulated, the protester shall be told at the time offiling that the protest will be heard at the time of the canvass. Others shallbe notified as far in advance of the canvass as time permits.
(2) If the protest concerns a matter other than the manner in whichvotes were counted or results tabulated, the county board shall comply withrules to be promulgated by the State Board of Elections concerning reasonablenotice of the hearing.
Failure to comply with the notice requirements in this subsection shallnot delay the holding of a hearing nor invalidate the results if it appearsreasonably likely that all interested persons were aware of the hearing and hadan opportunity to be heard.
(c) Conduct of Hearing. The following principles shall applyto the conduct of a protest hearing before the county board of elections:
(1) The county board may allow evidence to be presented at thehearing in the form of affidavits or it may examine witnesses. The chair or anytwo members of the board may subpoena witnesses or documents. Each witness mustbe placed under oath before testifying.
(2) The county board may receive evidence at the hearing fromany person with information concerning the subject of the protest. The personwho made the protest shall be permitted to present allegations and introduceevidence at the hearing. Any other person to whom notice of hearing was given,if present, shall be permitted to present evidence. The board may allowevidence by affidavit. The board may permit evidence to be presented by aperson to whom notice was not given, if the person apparently has a significantinterest in the resolution of the protest that is not adequately represented byother participants.
(3) The hearing shall be recorded by a reporter or by mechanicalmeans, and the full record of the hearing shall be preserved by the countyboard until directed otherwise by the State Board.
(d) Findings of Fact and Conclusions of Law by County Board. The county board shall make a written decision on each protest which shall stateseparately each of the following:
(1) Findings of fact. The findings of fact shall be basedexclusively on the evidence and on matters officially noticed. Findings offact, if set forth in statutory language, shall be accompanied by a concise andexplicit statement of the underlying facts supporting them.
(2) Conclusions of law. The conclusions the county board maystate, and their consequences for the board's order, are as follows:
a. "The protest should be dismissed because it does notsubstantially comply with G.S. 163‑182.9." If the board makes thisconclusion, it shall order the protest dismissed.
b. "The protest should be dismissed because there is notsubstantial evidence of a violation of the election law or other irregularityor misconduct." If the county board makes this conclusion, it shall orderthe protest dismissed.
c. "The protest should be dismissed because there is notsubstantial evidence of any violation, irregularity, or misconduct sufficientto cast doubt on the results of the election." If the county board makesthis conclusion, it shall order the protest dismissed.
d. "There is substantial evidence to believe that aviolation of the election law or other irregularity or misconduct did occur,and might have affected the outcome of the election, but the board is unable tofinally determine the effect because the election was a multicountyelection." If the county board makes this conclusion, it shall order thatthe protest and the county board's decision be sent to the State Board foraction by it.
e. "There is substantial evidence to believe that aviolation of the election law or other irregularity or misconduct did occur andthat it was sufficiently serious to cast doubt on the apparent results of theelection." If the county board makes this conclusion, it may order any ofthe following as appropriate:
1. That the vote total as stated in the precinct return orresult of the canvass be corrected and new results declared.
2. That votes be recounted.
3. That the protest and the county board's decision be sent tothe State Board for action by it.
4. Any other action within the authority of the county board.
(3) An order. Depending on the conclusion reached by thecounty board, its order shall be as directed in subdivision (c)(2). If thecounty board is not able to determine what law is applicable to the Findings ofFact, it may send its findings of fact to the State Board for it to determinethe applicable law.
(e) Rules by State Board of Elections. The State Board ofElections shall promulgate rules providing for adequate notice to parties,scheduling of hearings, and the timing of deliberations and issuance ofdecision. (2001‑398, s. 3.)
§ 163‑182.10. Consideration of protest bycounty board of elections.
(a) Preliminary Consideration. The following principles shallapply to the initial consideration of election protests by the county board ofelections:
(1) The county board shall, as soon as possible after theprotest is filed, meet to determine whether the protest substantially complieswith G.S. 163‑182.9 and whether it establishes probable cause to believethat a violation of election law or irregularity or misconduct has occurred. Ifthe board determines that one or both requirements are not met, the board shalldismiss the protest. The board shall notify both the protester and the StateBoard of Elections. The protester may file an amended protest or may appeal tothe State Board. If the board determines that both requirements are met, itshall schedule a hearing.
(2) If a protest was filed before the canvass and concerns thecounting and tabulating of votes, the county board shall resolve the protestbefore the canvass is completed. If necessary to provide time to resolve theprotest, the county board may recess the canvass meeting, but shall not delaythe completion of the canvass for more than three days unless approved by theState Board of Elections. Resolution of the protest shall not delay the canvassof ballot items unaffected by the protest. The appeal of a dismissal shall notdelay the canvass.
(3) If a protest concerns an irregularity other than thecounting or tabulating of votes, that protest shall not delay the canvass.
(b) Notice of Hearing. The county board shall give notice ofthe protest hearing to the protester, any candidate likely to be affected, anyelection official alleged to have acted improperly, and those persons likely tohave a significant interest in the resolution of the protest. Each person givennotice shall also be given a copy of the protest or a summary of itsallegations. The manner of notice shall be as follows:
(1) If the protest concerns the manner in which the votes werecounted or the results tabulated, the protester shall be told at the time offiling that the protest will be heard at the time of the canvass. Others shallbe notified as far in advance of the canvass as time permits.
(2) If the protest concerns a matter other than the manner in whichvotes were counted or results tabulated, the county board shall comply withrules to be promulgated by the State Board of Elections concerning reasonablenotice of the hearing.
Failure to comply with the notice requirements in this subsection shallnot delay the holding of a hearing nor invalidate the results if it appearsreasonably likely that all interested persons were aware of the hearing and hadan opportunity to be heard.
(c) Conduct of Hearing. The following principles shall applyto the conduct of a protest hearing before the county board of elections:
(1) The county board may allow evidence to be presented at thehearing in the form of affidavits or it may examine witnesses. The chair or anytwo members of the board may subpoena witnesses or documents. Each witness mustbe placed under oath before testifying.
(2) The county board may receive evidence at the hearing fromany person with information concerning the subject of the protest. The personwho made the protest shall be permitted to present allegations and introduceevidence at the hearing. Any other person to whom notice of hearing was given,if present, shall be permitted to present evidence. The board may allowevidence by affidavit. The board may permit evidence to be presented by aperson to whom notice was not given, if the person apparently has a significantinterest in the resolution of the protest that is not adequately represented byother participants.
(3) The hearing shall be recorded by a reporter or by mechanicalmeans, and the full record of the hearing shall be preserved by the countyboard until directed otherwise by the State Board.
(d) Findings of Fact and Conclusions of Law by County Board. The county board shall make a written decision on each protest which shall stateseparately each of the following:
(1) Findings of fact. The findings of fact shall be basedexclusively on the evidence and on matters officially noticed. Findings offact, if set forth in statutory language, shall be accompanied by a concise andexplicit statement of the underlying facts supporting them.
(2) Conclusions of law. The conclusions the county board maystate, and their consequences for the board's order, are as follows:
a. "The protest should be dismissed because it does notsubstantially comply with G.S. 163‑182.9." If the board makes thisconclusion, it shall order the protest dismissed.
b. "The protest should be dismissed because there is notsubstantial evidence of a violation of the election law or other irregularityor misconduct." If the county board makes this conclusion, it shall orderthe protest dismissed.
c. "The protest should be dismissed because there is notsubstantial evidence of any violation, irregularity, or misconduct sufficientto cast doubt on the results of the election." If the county board makesthis conclusion, it shall order the protest dismissed.
d. "There is substantial evidence to believe that aviolation of the election law or other irregularity or misconduct did occur,and might have affected the outcome of the election, but the board is unable tofinally determine the effect because the election was a multicountyelection." If the county board makes this conclusion, it shall order thatthe protest and the county board's decision be sent to the State Board foraction by it.
e. "There is substantial evidence to believe that aviolation of the election law or other irregularity or misconduct did occur andthat it was sufficiently serious to cast doubt on the apparent results of theelection." If the county board makes this conclusion, it may order any ofthe following as appropriate:
1. That the vote total as stated in the precinct return orresult of the canvass be corrected and new results declared.
2. That votes be recounted.
3. That the protest and the county board's decision be sent tothe State Board for action by it.
4. Any other action within the authority of the county board.
(3) An order. Depending on the conclusion reached by thecounty board, its order shall be as directed in subdivision (c)(2). If thecounty board is not able to determine what law is applicable to the Findings ofFact, it may send its findings of fact to the State Board for it to determinethe applicable law.
(e) Rules by State Board of Elections. The State Board ofElections shall promulgate rules providing for adequate notice to parties,scheduling of hearings, and the timing of deliberations and issuance ofdecision. (2001‑398, s. 3.)
