§ 163‑182.14. Appeal ofa final decision to superior court; appeal to the General Assembly or a housethereof.
(a) Final Decision. Acopy of the final decision of the State Board of Elections on an electionprotest shall be served on the parties personally or through delivery by U.S.mail or a designated delivery service authorized under 26 U.S.C. § 7502(f)(2)if that delivery provides a record of the date and time of delivery to theaddress provided by the party. A decision to order a new election is considereda final decision for purposes of seeking review of the decision.
(b) Timing of Right ofAppeal. Except in the case of a general or special election to either houseof the General Assembly or to an office established by Article III of theConstitution, an aggrieved party has the right to appeal the final decision tothe Superior Court of Wake County within 10 days of the date of service.
After the decision by theState Board of Elections has been served on the parties, the certification ofnomination or election or the results of the referendum shall issue pursuant toG.S. 163‑182.15 unless an appealing party obtains a stay of thecertification from the Superior Court of Wake County within 10 days after thedate of service. The court shall not issue a stay of certification unless thepetitioner shows the court that the petitioner has appealed the decision of theState Board of Elections, that the petitioner is an aggrieved party, and thatthe petitioner is likely to prevail in the appeal.
If service is by mail or adesignated delivery service, the additional time after service provided in Rule6(e) of the North Carolina Rules of Civil Procedure shall apply to both thetime for appeal and the time to obtain a stay under this subsection.
(c) Contests forGeneral Assembly and Executive Branch Offices. In the case of a general orspecial election to either house of the General Assembly or to an officeestablished by Article III of the Constitution, an unsuccessful candidate hasthe right to appeal the final decision to the General Assembly in accordancewith Article 3 of Chapter 120 and G.S. 163‑182.13A, as appropriate.
After the decision by theState Board of Elections has been served on the parties, the certification ofnomination or election shall issue pursuant to G.S. 163‑182.15 unless acontest of the election is initiated pursuant to Article 3 of Chapter 120 orG.S. 163‑182.13A, as appropriate.
(d) Attorney's feesshall not be awarded against the State Board of Elections in any electionprotest brought under this Article. (2001‑398, s. 3; 2003‑278, s. 8(b); 2005‑3,s. 4; 2008‑150, s. 4(a); 2009‑541, s. 27.)
§ 163‑182.14. Appeal ofa final decision to superior court; appeal to the General Assembly or a housethereof.
(a) Final Decision. Acopy of the final decision of the State Board of Elections on an electionprotest shall be served on the parties personally or through delivery by U.S.mail or a designated delivery service authorized under 26 U.S.C. § 7502(f)(2)if that delivery provides a record of the date and time of delivery to theaddress provided by the party. A decision to order a new election is considereda final decision for purposes of seeking review of the decision.
(b) Timing of Right ofAppeal. Except in the case of a general or special election to either houseof the General Assembly or to an office established by Article III of theConstitution, an aggrieved party has the right to appeal the final decision tothe Superior Court of Wake County within 10 days of the date of service.
After the decision by theState Board of Elections has been served on the parties, the certification ofnomination or election or the results of the referendum shall issue pursuant toG.S. 163‑182.15 unless an appealing party obtains a stay of thecertification from the Superior Court of Wake County within 10 days after thedate of service. The court shall not issue a stay of certification unless thepetitioner shows the court that the petitioner has appealed the decision of theState Board of Elections, that the petitioner is an aggrieved party, and thatthe petitioner is likely to prevail in the appeal.
If service is by mail or adesignated delivery service, the additional time after service provided in Rule6(e) of the North Carolina Rules of Civil Procedure shall apply to both thetime for appeal and the time to obtain a stay under this subsection.
(c) Contests forGeneral Assembly and Executive Branch Offices. In the case of a general orspecial election to either house of the General Assembly or to an officeestablished by Article III of the Constitution, an unsuccessful candidate hasthe right to appeal the final decision to the General Assembly in accordancewith Article 3 of Chapter 120 and G.S. 163‑182.13A, as appropriate.
After the decision by theState Board of Elections has been served on the parties, the certification ofnomination or election shall issue pursuant to G.S. 163‑182.15 unless acontest of the election is initiated pursuant to Article 3 of Chapter 120 orG.S. 163‑182.13A, as appropriate.
(d) Attorney's feesshall not be awarded against the State Board of Elections in any electionprotest brought under this Article. (2001‑398, s. 3; 2003‑278, s. 8(b); 2005‑3,s. 4; 2008‑150, s. 4(a); 2009‑541, s. 27.)
§ 163‑182.14. Appeal ofa final decision to superior court; appeal to the General Assembly or a housethereof.
(a) Final Decision. Acopy of the final decision of the State Board of Elections on an electionprotest shall be served on the parties personally or through delivery by U.S.mail or a designated delivery service authorized under 26 U.S.C. § 7502(f)(2)if that delivery provides a record of the date and time of delivery to theaddress provided by the party. A decision to order a new election is considereda final decision for purposes of seeking review of the decision.
(b) Timing of Right ofAppeal. Except in the case of a general or special election to either houseof the General Assembly or to an office established by Article III of theConstitution, an aggrieved party has the right to appeal the final decision tothe Superior Court of Wake County within 10 days of the date of service.
After the decision by theState Board of Elections has been served on the parties, the certification ofnomination or election or the results of the referendum shall issue pursuant toG.S. 163‑182.15 unless an appealing party obtains a stay of thecertification from the Superior Court of Wake County within 10 days after thedate of service. The court shall not issue a stay of certification unless thepetitioner shows the court that the petitioner has appealed the decision of theState Board of Elections, that the petitioner is an aggrieved party, and thatthe petitioner is likely to prevail in the appeal.
If service is by mail or adesignated delivery service, the additional time after service provided in Rule6(e) of the North Carolina Rules of Civil Procedure shall apply to both thetime for appeal and the time to obtain a stay under this subsection.
(c) Contests forGeneral Assembly and Executive Branch Offices. In the case of a general orspecial election to either house of the General Assembly or to an officeestablished by Article III of the Constitution, an unsuccessful candidate hasthe right to appeal the final decision to the General Assembly in accordancewith Article 3 of Chapter 120 and G.S. 163‑182.13A, as appropriate.
After the decision by theState Board of Elections has been served on the parties, the certification ofnomination or election shall issue pursuant to G.S. 163‑182.15 unless acontest of the election is initiated pursuant to Article 3 of Chapter 120 orG.S. 163‑182.13A, as appropriate.
(d) Attorney's feesshall not be awarded against the State Board of Elections in any electionprotest brought under this Article. (2001‑398, s. 3; 2003‑278, s. 8(b); 2005‑3,s. 4; 2008‑150, s. 4(a); 2009‑541, s. 27.)
