(a) A challenge madeunder G.S. 163‑85 shall be heard and decided before the date of the nextprimary or election, except that if the board finds that because of the numberof challenges, it cannot hold all hearings before the date of the election, itmay order the challenges to be heard and decided at the next time thechallenged person appears and seeks to vote, as if the challenge had been filedunder G.S. 163‑87. Unless the hearing is ordered held under G.S. 163‑87,it shall be heard and decided by the board of elections.
(b) At least 10 daysprior to the hearing scheduled under G.S. 163‑86(c), the board ofelections shall mail by first‑class mail, a written notice of thechallenge to the challenged voter, to the address of the voter listed in theregistration records of the county. The notice shall state succinctly thegrounds asserted, and shall state the time and place of the hearing. If thehearing is to be held at the polls, the notice shall state that fact and shall listthe date of the next scheduled election, the location of the voter's pollingplace, and the time the polls will be open. A copy of the notice shall be sentto the person making the challenge and to the chairman of each political partyin the county.
(c) At the time andplace set for the hearing on a challenge entered prior to the date of a primaryor election, the county board of elections shall explain to the challengedregistrant the qualifications for registration and voting in this State. Theboard chairman, or in his absence the board secretary, shall then administerthe following oath to the challenged registrant:
"You swear (or affirm)that the statements and information you shall give in this hearing with respectto your identity and qualifications to be registered and to vote shall be thetruth, the whole truth, and nothing but the truth, so help you, God."
After swearing the challengedregistrant, the board shall examine him as to his qualifications to beregistered and to vote. If the challenged registrant insists that he isqualified, the board shall tender to him the following oath or affirmation:
"You do solemnly swear(or affirm) that you are a citizen of the United States; that you are at least18 years of age or will become 18 by the date of the next general election;that you have or will have resided in this State and in the precinct for whichregistered for 30 days by the date of the next primary or election; that youare not disqualified from voting by the Constitution or the laws of this State;that your name is ____, and that in such name you were duly registered as avoter of ____ precinct; and that you are the person you represent yourself tobe, so help you, God."
If the challenged registrantrefuses to take the tendered oath, or submit to the board the affidavitrequired by subsection (d), below, the challenge shall be sustained. If thechallenged registrant takes the tendered oath, the board may, nevertheless,sustain the challenge if it finds the challenged registrant is not a legalvoter.
The board, in conductinghearings on challenges, shall have authority to subpoena any witnesses it maydeem appropriate, and administer the necessary oaths or affirmations to allwitnesses brought before it to testify to the qualifications of the personschallenged.
(d) Appearance byChallenged Registrant. The challenged registrant shall appear in person atthe challenge hearing. If he is unable to appear in person, he may berepresented by another person and must tender to the county board of electionsan affidavit that he is a citizen of the United States, is at least 18 years ofage or will become 18 by the date of the next general election, has or willhave resided in this State and in the precinct for which registered for 30 daysby the date of the next primary or election, is not disqualified from voting bythe Constitution or laws of this State, is named ____ and was duly registeredas a voter of ____ precinct in such name, and is the person represented to beby the affidavit. (1901,c. 89, s. 22; Rev., s. 4340; C.S., s. 5973; 1955, c. 871, s. 2; 1967, c. 775,s. 1; 1971, c. 1231, s. 1; 1973, c. 793, s. 35; 1979, c. 357, s. 2; 2008‑150,s. 5(b).)
(a) A challenge madeunder G.S. 163‑85 shall be heard and decided before the date of the nextprimary or election, except that if the board finds that because of the numberof challenges, it cannot hold all hearings before the date of the election, itmay order the challenges to be heard and decided at the next time thechallenged person appears and seeks to vote, as if the challenge had been filedunder G.S. 163‑87. Unless the hearing is ordered held under G.S. 163‑87,it shall be heard and decided by the board of elections.
(b) At least 10 daysprior to the hearing scheduled under G.S. 163‑86(c), the board ofelections shall mail by first‑class mail, a written notice of thechallenge to the challenged voter, to the address of the voter listed in theregistration records of the county. The notice shall state succinctly thegrounds asserted, and shall state the time and place of the hearing. If thehearing is to be held at the polls, the notice shall state that fact and shall listthe date of the next scheduled election, the location of the voter's pollingplace, and the time the polls will be open. A copy of the notice shall be sentto the person making the challenge and to the chairman of each political partyin the county.
(c) At the time andplace set for the hearing on a challenge entered prior to the date of a primaryor election, the county board of elections shall explain to the challengedregistrant the qualifications for registration and voting in this State. Theboard chairman, or in his absence the board secretary, shall then administerthe following oath to the challenged registrant:
"You swear (or affirm)that the statements and information you shall give in this hearing with respectto your identity and qualifications to be registered and to vote shall be thetruth, the whole truth, and nothing but the truth, so help you, God."
After swearing the challengedregistrant, the board shall examine him as to his qualifications to beregistered and to vote. If the challenged registrant insists that he isqualified, the board shall tender to him the following oath or affirmation:
"You do solemnly swear(or affirm) that you are a citizen of the United States; that you are at least18 years of age or will become 18 by the date of the next general election;that you have or will have resided in this State and in the precinct for whichregistered for 30 days by the date of the next primary or election; that youare not disqualified from voting by the Constitution or the laws of this State;that your name is ____, and that in such name you were duly registered as avoter of ____ precinct; and that you are the person you represent yourself tobe, so help you, God."
If the challenged registrantrefuses to take the tendered oath, or submit to the board the affidavitrequired by subsection (d), below, the challenge shall be sustained. If thechallenged registrant takes the tendered oath, the board may, nevertheless,sustain the challenge if it finds the challenged registrant is not a legalvoter.
The board, in conductinghearings on challenges, shall have authority to subpoena any witnesses it maydeem appropriate, and administer the necessary oaths or affirmations to allwitnesses brought before it to testify to the qualifications of the personschallenged.
(d) Appearance byChallenged Registrant. The challenged registrant shall appear in person atthe challenge hearing. If he is unable to appear in person, he may berepresented by another person and must tender to the county board of electionsan affidavit that he is a citizen of the United States, is at least 18 years ofage or will become 18 by the date of the next general election, has or willhave resided in this State and in the precinct for which registered for 30 daysby the date of the next primary or election, is not disqualified from voting bythe Constitution or laws of this State, is named ____ and was duly registeredas a voter of ____ precinct in such name, and is the person represented to beby the affidavit. (1901,c. 89, s. 22; Rev., s. 4340; C.S., s. 5973; 1955, c. 871, s. 2; 1967, c. 775,s. 1; 1971, c. 1231, s. 1; 1973, c. 793, s. 35; 1979, c. 357, s. 2; 2008‑150,s. 5(b).)
(a) A challenge madeunder G.S. 163‑85 shall be heard and decided before the date of the nextprimary or election, except that if the board finds that because of the numberof challenges, it cannot hold all hearings before the date of the election, itmay order the challenges to be heard and decided at the next time thechallenged person appears and seeks to vote, as if the challenge had been filedunder G.S. 163‑87. Unless the hearing is ordered held under G.S. 163‑87,it shall be heard and decided by the board of elections.
(b) At least 10 daysprior to the hearing scheduled under G.S. 163‑86(c), the board ofelections shall mail by first‑class mail, a written notice of thechallenge to the challenged voter, to the address of the voter listed in theregistration records of the county. The notice shall state succinctly thegrounds asserted, and shall state the time and place of the hearing. If thehearing is to be held at the polls, the notice shall state that fact and shall listthe date of the next scheduled election, the location of the voter's pollingplace, and the time the polls will be open. A copy of the notice shall be sentto the person making the challenge and to the chairman of each political partyin the county.
(c) At the time andplace set for the hearing on a challenge entered prior to the date of a primaryor election, the county board of elections shall explain to the challengedregistrant the qualifications for registration and voting in this State. Theboard chairman, or in his absence the board secretary, shall then administerthe following oath to the challenged registrant:
"You swear (or affirm)that the statements and information you shall give in this hearing with respectto your identity and qualifications to be registered and to vote shall be thetruth, the whole truth, and nothing but the truth, so help you, God."
After swearing the challengedregistrant, the board shall examine him as to his qualifications to beregistered and to vote. If the challenged registrant insists that he isqualified, the board shall tender to him the following oath or affirmation:
"You do solemnly swear(or affirm) that you are a citizen of the United States; that you are at least18 years of age or will become 18 by the date of the next general election;that you have or will have resided in this State and in the precinct for whichregistered for 30 days by the date of the next primary or election; that youare not disqualified from voting by the Constitution or the laws of this State;that your name is ____, and that in such name you were duly registered as avoter of ____ precinct; and that you are the person you represent yourself tobe, so help you, God."
If the challenged registrantrefuses to take the tendered oath, or submit to the board the affidavitrequired by subsection (d), below, the challenge shall be sustained. If thechallenged registrant takes the tendered oath, the board may, nevertheless,sustain the challenge if it finds the challenged registrant is not a legalvoter.
The board, in conductinghearings on challenges, shall have authority to subpoena any witnesses it maydeem appropriate, and administer the necessary oaths or affirmations to allwitnesses brought before it to testify to the qualifications of the personschallenged.
(d) Appearance byChallenged Registrant. The challenged registrant shall appear in person atthe challenge hearing. If he is unable to appear in person, he may berepresented by another person and must tender to the county board of electionsan affidavit that he is a citizen of the United States, is at least 18 years ofage or will become 18 by the date of the next general election, has or willhave resided in this State and in the precinct for which registered for 30 daysby the date of the next primary or election, is not disqualified from voting bythe Constitution or laws of this State, is named ____ and was duly registeredas a voter of ____ precinct in such name, and is the person represented to beby the affidavit. (1901,c. 89, s. 22; Rev., s. 4340; C.S., s. 5973; 1955, c. 871, s. 2; 1967, c. 775,s. 1; 1971, c. 1231, s. 1; 1973, c. 793, s. 35; 1979, c. 357, s. 2; 2008‑150,s. 5(b).)
