§ 163‑182.13A. Contested elections for Councilof State offices.
(a) Application of Procedures. A contested election for anyelective office established by Article III of the Constitution shall bedetermined by joint ballot of both houses of the General Assembly under ArticleVI, Section 5 of the Constitution in accordance with the provisions of thissection. Except as provided by this section, the provisions of Article 3 ofChapter 120 shall apply to contested elections under this section and shall governstanding, notice of intent to contest, answers, service of process, evidence,the petition, procedures, grounds, and relief except as provided in thissection. All filings shall be with the Principal Clerk of the House ofRepresentatives.
(b) Notice of Intent. Notice of the intent to contest theelection under this section shall be filed with the Principal Clerk of theHouse of Representatives as if it were a contested election for the House ofRepresentatives as prescribed in Article 3 of Chapter 120.
(c) Jurisdiction. When a contest arises out of the generalelection, the General Assembly elected at the same time shall hear and decideit. Any other contest shall be heard by the General Assembly sitting at thetime of the election.
(d) Committee. A contest filed under this section shallinitially be heard before a select committee consisting of five Senatorsappointed by the President Pro Tempore and five Representatives appointed bythe Speaker of the House of Representatives. Not more than three members of theSenate appointed by the President Pro Tempore shall be members of the samepolitical party. Not more than three members of the House of Representativesappointed by the Speaker shall be members of the same political party. Thatcommittee shall have the same power as a committee under Article 3 of Chapter120 and may adopt supplemental rules as necessary to govern its proceedings.The committee shall report its findings as to the law and the facts and makerecommendations to the General Assembly for its action.
(e) Final Determination. The final determination on therecommendations of the committee shall be made by the General Assembly, bothhouses sitting in joint session in the Hall of the House of Representatives,with the Speaker of the House of Representatives presiding. The vote shall betaken as provided by Article VI, Section 5 of the Constitution. In order tofind for the contestant or contestee and order the contestant or contesteeelected, the vote on the joint ballot must include the affirmative vote of amajority of the members of the General Assembly voting on the issue. Theballots shall be in writing and are subject to the provisions of G.S. 143‑318.13(b).
(f) Basis for Decision.
(1) If the contest is as to the eligibility or qualifications ofthe contestee, the General Assembly shall determine if the contestee iseligible and qualified. If it determines that the contestee is not eligible ornot qualified, it shall order a new election.
(2) If the contest is as to the conduct or results of theelection, the General Assembly shall determine which candidate received thehighest number of votes. If it can determine which candidate received thehighest number of votes, it shall declare that candidate to be elected. If itcannot determine which candidate received the highest number of votes, it mayorder a new election, or may order such other relief as may be necessary andproper. If it determines that two or more candidates shall be equal and highestin votes, the provisions of G.S. 147‑4 shall apply.
(g) Final Determination. A copy of the final determination ofthe General Assembly under this section shall be filed with the Secretary ofState and with the State Board of Elections.
(h) Copies. The Principal Clerk of the House of Representativesshall make copies of any filings and transmit them to the Principal Clerk forthe Senate.
(i) Applicability. This section applies only to a general orspecial election and does not apply to the primary or any other part of thenominating process.
(j) Judicial Proceedings Abated. Notwithstanding any otherprovision of law, upon the initiation of a contest under this Article, anyjudicial proceedings involving either the contestant or the contesteeencompassing the issues set forth in the notice of intent or an answer theretoconcerning the election that is the subject of the contest shall abate. Theclerk shall file a copy of the notice of intent and final determination withthe court in any judicial proceeding pending prior to the filing of the noticeof intent.
(k) General Assembly Determination Not Reviewable. Thedecision of the General Assembly in determining the contest of the electionpursuant to this section may not be reviewed by the General Court of Justice.
(l) Definition. As used in this section, "contest"means a challenge to the apparent election for any elective office establishedby Article III of the Constitution or to request the decision of an undecidedelection to any elective office established by Article III of the Constitution,where the challenge or the request is filed in accordance with the timing andprocedures of this section. (2005‑3, s.3(a).)
§ 163‑182.13A. Contested elections for Councilof State offices.
(a) Application of Procedures. A contested election for anyelective office established by Article III of the Constitution shall bedetermined by joint ballot of both houses of the General Assembly under ArticleVI, Section 5 of the Constitution in accordance with the provisions of thissection. Except as provided by this section, the provisions of Article 3 ofChapter 120 shall apply to contested elections under this section and shall governstanding, notice of intent to contest, answers, service of process, evidence,the petition, procedures, grounds, and relief except as provided in thissection. All filings shall be with the Principal Clerk of the House ofRepresentatives.
(b) Notice of Intent. Notice of the intent to contest theelection under this section shall be filed with the Principal Clerk of theHouse of Representatives as if it were a contested election for the House ofRepresentatives as prescribed in Article 3 of Chapter 120.
(c) Jurisdiction. When a contest arises out of the generalelection, the General Assembly elected at the same time shall hear and decideit. Any other contest shall be heard by the General Assembly sitting at thetime of the election.
(d) Committee. A contest filed under this section shallinitially be heard before a select committee consisting of five Senatorsappointed by the President Pro Tempore and five Representatives appointed bythe Speaker of the House of Representatives. Not more than three members of theSenate appointed by the President Pro Tempore shall be members of the samepolitical party. Not more than three members of the House of Representativesappointed by the Speaker shall be members of the same political party. Thatcommittee shall have the same power as a committee under Article 3 of Chapter120 and may adopt supplemental rules as necessary to govern its proceedings.The committee shall report its findings as to the law and the facts and makerecommendations to the General Assembly for its action.
(e) Final Determination. The final determination on therecommendations of the committee shall be made by the General Assembly, bothhouses sitting in joint session in the Hall of the House of Representatives,with the Speaker of the House of Representatives presiding. The vote shall betaken as provided by Article VI, Section 5 of the Constitution. In order tofind for the contestant or contestee and order the contestant or contesteeelected, the vote on the joint ballot must include the affirmative vote of amajority of the members of the General Assembly voting on the issue. Theballots shall be in writing and are subject to the provisions of G.S. 143‑318.13(b).
(f) Basis for Decision.
(1) If the contest is as to the eligibility or qualifications ofthe contestee, the General Assembly shall determine if the contestee iseligible and qualified. If it determines that the contestee is not eligible ornot qualified, it shall order a new election.
(2) If the contest is as to the conduct or results of theelection, the General Assembly shall determine which candidate received thehighest number of votes. If it can determine which candidate received thehighest number of votes, it shall declare that candidate to be elected. If itcannot determine which candidate received the highest number of votes, it mayorder a new election, or may order such other relief as may be necessary andproper. If it determines that two or more candidates shall be equal and highestin votes, the provisions of G.S. 147‑4 shall apply.
(g) Final Determination. A copy of the final determination ofthe General Assembly under this section shall be filed with the Secretary ofState and with the State Board of Elections.
(h) Copies. The Principal Clerk of the House of Representativesshall make copies of any filings and transmit them to the Principal Clerk forthe Senate.
(i) Applicability. This section applies only to a general orspecial election and does not apply to the primary or any other part of thenominating process.
(j) Judicial Proceedings Abated. Notwithstanding any otherprovision of law, upon the initiation of a contest under this Article, anyjudicial proceedings involving either the contestant or the contesteeencompassing the issues set forth in the notice of intent or an answer theretoconcerning the election that is the subject of the contest shall abate. Theclerk shall file a copy of the notice of intent and final determination withthe court in any judicial proceeding pending prior to the filing of the noticeof intent.
(k) General Assembly Determination Not Reviewable. Thedecision of the General Assembly in determining the contest of the electionpursuant to this section may not be reviewed by the General Court of Justice.
(l) Definition. As used in this section, "contest"means a challenge to the apparent election for any elective office establishedby Article III of the Constitution or to request the decision of an undecidedelection to any elective office established by Article III of the Constitution,where the challenge or the request is filed in accordance with the timing andprocedures of this section. (2005‑3, s.3(a).)
§ 163‑182.13A. Contested elections for Councilof State offices.
(a) Application of Procedures. A contested election for anyelective office established by Article III of the Constitution shall bedetermined by joint ballot of both houses of the General Assembly under ArticleVI, Section 5 of the Constitution in accordance with the provisions of thissection. Except as provided by this section, the provisions of Article 3 ofChapter 120 shall apply to contested elections under this section and shall governstanding, notice of intent to contest, answers, service of process, evidence,the petition, procedures, grounds, and relief except as provided in thissection. All filings shall be with the Principal Clerk of the House ofRepresentatives.
(b) Notice of Intent. Notice of the intent to contest theelection under this section shall be filed with the Principal Clerk of theHouse of Representatives as if it were a contested election for the House ofRepresentatives as prescribed in Article 3 of Chapter 120.
(c) Jurisdiction. When a contest arises out of the generalelection, the General Assembly elected at the same time shall hear and decideit. Any other contest shall be heard by the General Assembly sitting at thetime of the election.
(d) Committee. A contest filed under this section shallinitially be heard before a select committee consisting of five Senatorsappointed by the President Pro Tempore and five Representatives appointed bythe Speaker of the House of Representatives. Not more than three members of theSenate appointed by the President Pro Tempore shall be members of the samepolitical party. Not more than three members of the House of Representativesappointed by the Speaker shall be members of the same political party. Thatcommittee shall have the same power as a committee under Article 3 of Chapter120 and may adopt supplemental rules as necessary to govern its proceedings.The committee shall report its findings as to the law and the facts and makerecommendations to the General Assembly for its action.
(e) Final Determination. The final determination on therecommendations of the committee shall be made by the General Assembly, bothhouses sitting in joint session in the Hall of the House of Representatives,with the Speaker of the House of Representatives presiding. The vote shall betaken as provided by Article VI, Section 5 of the Constitution. In order tofind for the contestant or contestee and order the contestant or contesteeelected, the vote on the joint ballot must include the affirmative vote of amajority of the members of the General Assembly voting on the issue. Theballots shall be in writing and are subject to the provisions of G.S. 143‑318.13(b).
(f) Basis for Decision.
(1) If the contest is as to the eligibility or qualifications ofthe contestee, the General Assembly shall determine if the contestee iseligible and qualified. If it determines that the contestee is not eligible ornot qualified, it shall order a new election.
(2) If the contest is as to the conduct or results of theelection, the General Assembly shall determine which candidate received thehighest number of votes. If it can determine which candidate received thehighest number of votes, it shall declare that candidate to be elected. If itcannot determine which candidate received the highest number of votes, it mayorder a new election, or may order such other relief as may be necessary andproper. If it determines that two or more candidates shall be equal and highestin votes, the provisions of G.S. 147‑4 shall apply.
(g) Final Determination. A copy of the final determination ofthe General Assembly under this section shall be filed with the Secretary ofState and with the State Board of Elections.
(h) Copies. The Principal Clerk of the House of Representativesshall make copies of any filings and transmit them to the Principal Clerk forthe Senate.
(i) Applicability. This section applies only to a general orspecial election and does not apply to the primary or any other part of thenominating process.
(j) Judicial Proceedings Abated. Notwithstanding any otherprovision of law, upon the initiation of a contest under this Article, anyjudicial proceedings involving either the contestant or the contesteeencompassing the issues set forth in the notice of intent or an answer theretoconcerning the election that is the subject of the contest shall abate. Theclerk shall file a copy of the notice of intent and final determination withthe court in any judicial proceeding pending prior to the filing of the noticeof intent.
(k) General Assembly Determination Not Reviewable. Thedecision of the General Assembly in determining the contest of the electionpursuant to this section may not be reviewed by the General Court of Justice.
(l) Definition. As used in this section, "contest"means a challenge to the apparent election for any elective office establishedby Article III of the Constitution or to request the decision of an undecidedelection to any elective office established by Article III of the Constitution,where the challenge or the request is filed in accordance with the timing andprocedures of this section. (2005‑3, s.3(a).)
