§ 163‑304. State Board of Elections to havejurisdiction over municipal elections and election officials, and to advise;emergency and ongoing administration by county board.
(a) Authority and Duty of State Board. The State Board ofElections shall have the same authority over municipal elections and electionofficials as it has over county and State elections and election officials. TheState Board of Elections shall advise and assist cities, towns, incorporatedvillages and special districts, municipal boards of elections, their membersand legal officers on the conduct and administration of their elections andregistration procedure.
The municipal council shall provide written notification to the StateBoard of Elections of the appointment of each member of its municipal board ofelections within five days after the appointment. The municipal board ofelections and the municipal council shall provide such other information aboutthe municipal board of elections as the State Board may require. Members of themunicipal board of elections and municipal elections officials shallparticipate in training provided by the State Board pursuant to G.S. 163‑82.24.The State Board shall provide the same training, materials, and assistance tomunicipal boards of elections that it provides to county boards of elections.
The county and municipal boards of elections shall be governed by thesame rules for settling controversies with respect to counting ballots orcertification of the returns of the vote in any municipal or special districtelection as are in effect for settling such controversies in county and Stateelections.
(b) Emergency Administration if Municipal Board Is NotAppointed. If a municipal council in a municipality that has elected pursuantto G.S. 163‑285 to conduct its own elections has not appointed amunicipal board of elections and reported the appointments to the ExecutiveDirector by June 1 in the year in which the municipal election is to occur, theExecutive Director shall notify the municipal council that, unless a municipalboard of elections is appointed and the Executive Director notified of itsappointment by June 15 of that year, the county board of elections shall beordered to conduct that municipality's elections that year on an emergencybasis. If the municipal council does not so appoint and so notify by June 15,the Executive Director shall order the county board of elections to conduct themunicipality's elections that year on an emergency basis.
(c) Emergency Administration Due to Serious Violations. If amunicipal council or municipal board of elections has committed violations ofthe applicable portions of this Chapter prior to a municipal election and thoseviolations are of such magnitude as to give rise to reasonable doubt as to theability of the municipal board of elections to conduct that election withcompetence and fairness, the Executive Director of the State Board, with theapproval of at least four members of the State Board, may order the countyboard of elections to conduct the remainder of that election on an emergencybasis. Before an order is made under this subsection, the municipal council andmunicipal board of elections shall be given an opportunity to be heard by theState Board.
(d) Permanent County Administration. The State Board ofElections may designate the county board of elections as the permanent agencyto conduct a municipality's elections if all the following conditions are met:
(1) In more than one election conducted by that municipalityeither (i) the municipality's elections have been administered on an emergencybasis pursuant to subsection (b) or (c) of this section or (ii) a new electionhas been ordered because of irregularities in the municipality's administrationof the election.
(2) The State Board finds that the interest of the residents ofthe municipality in fair and competent administration of elections requiresthat the municipality not conduct its own elections.
(3) The municipal council and municipal board of elections aregiven an opportunity to be heard before the State Board.
(4) The State Board by a vote of at least four of its membersdesignates the county board of elections as the permanent agency to conductthat municipality's elections.
Themunicipal council may not elect to conduct its own elections under G.S. 163‑285if the State Board has designated the county board of elections under thissubsection as the permanent agency to conduct the municipality's elections.
(e) Reimbursement. If the county board of elections administersa municipality's elections pursuant to subsection (b), (c), or (d) of thissection, the municipality shall reimburse the county board of elections in themanner set forth in G.S. 163‑285. (1971, c. 835, s.1; 1973, c. 793, s. 92; 1999‑426, s. 6(a); 2001‑319, s. 11; 2001‑374,s. 3.)
§ 163‑304. State Board of Elections to havejurisdiction over municipal elections and election officials, and to advise;emergency and ongoing administration by county board.
(a) Authority and Duty of State Board. The State Board ofElections shall have the same authority over municipal elections and electionofficials as it has over county and State elections and election officials. TheState Board of Elections shall advise and assist cities, towns, incorporatedvillages and special districts, municipal boards of elections, their membersand legal officers on the conduct and administration of their elections andregistration procedure.
The municipal council shall provide written notification to the StateBoard of Elections of the appointment of each member of its municipal board ofelections within five days after the appointment. The municipal board ofelections and the municipal council shall provide such other information aboutthe municipal board of elections as the State Board may require. Members of themunicipal board of elections and municipal elections officials shallparticipate in training provided by the State Board pursuant to G.S. 163‑82.24.The State Board shall provide the same training, materials, and assistance tomunicipal boards of elections that it provides to county boards of elections.
The county and municipal boards of elections shall be governed by thesame rules for settling controversies with respect to counting ballots orcertification of the returns of the vote in any municipal or special districtelection as are in effect for settling such controversies in county and Stateelections.
(b) Emergency Administration if Municipal Board Is NotAppointed. If a municipal council in a municipality that has elected pursuantto G.S. 163‑285 to conduct its own elections has not appointed amunicipal board of elections and reported the appointments to the ExecutiveDirector by June 1 in the year in which the municipal election is to occur, theExecutive Director shall notify the municipal council that, unless a municipalboard of elections is appointed and the Executive Director notified of itsappointment by June 15 of that year, the county board of elections shall beordered to conduct that municipality's elections that year on an emergencybasis. If the municipal council does not so appoint and so notify by June 15,the Executive Director shall order the county board of elections to conduct themunicipality's elections that year on an emergency basis.
(c) Emergency Administration Due to Serious Violations. If amunicipal council or municipal board of elections has committed violations ofthe applicable portions of this Chapter prior to a municipal election and thoseviolations are of such magnitude as to give rise to reasonable doubt as to theability of the municipal board of elections to conduct that election withcompetence and fairness, the Executive Director of the State Board, with theapproval of at least four members of the State Board, may order the countyboard of elections to conduct the remainder of that election on an emergencybasis. Before an order is made under this subsection, the municipal council andmunicipal board of elections shall be given an opportunity to be heard by theState Board.
(d) Permanent County Administration. The State Board ofElections may designate the county board of elections as the permanent agencyto conduct a municipality's elections if all the following conditions are met:
(1) In more than one election conducted by that municipalityeither (i) the municipality's elections have been administered on an emergencybasis pursuant to subsection (b) or (c) of this section or (ii) a new electionhas been ordered because of irregularities in the municipality's administrationof the election.
(2) The State Board finds that the interest of the residents ofthe municipality in fair and competent administration of elections requiresthat the municipality not conduct its own elections.
(3) The municipal council and municipal board of elections aregiven an opportunity to be heard before the State Board.
(4) The State Board by a vote of at least four of its membersdesignates the county board of elections as the permanent agency to conductthat municipality's elections.
Themunicipal council may not elect to conduct its own elections under G.S. 163‑285if the State Board has designated the county board of elections under thissubsection as the permanent agency to conduct the municipality's elections.
(e) Reimbursement. If the county board of elections administersa municipality's elections pursuant to subsection (b), (c), or (d) of thissection, the municipality shall reimburse the county board of elections in themanner set forth in G.S. 163‑285. (1971, c. 835, s.1; 1973, c. 793, s. 92; 1999‑426, s. 6(a); 2001‑319, s. 11; 2001‑374,s. 3.)
§ 163‑304. State Board of Elections to havejurisdiction over municipal elections and election officials, and to advise;emergency and ongoing administration by county board.
(a) Authority and Duty of State Board. The State Board ofElections shall have the same authority over municipal elections and electionofficials as it has over county and State elections and election officials. TheState Board of Elections shall advise and assist cities, towns, incorporatedvillages and special districts, municipal boards of elections, their membersand legal officers on the conduct and administration of their elections andregistration procedure.
The municipal council shall provide written notification to the StateBoard of Elections of the appointment of each member of its municipal board ofelections within five days after the appointment. The municipal board ofelections and the municipal council shall provide such other information aboutthe municipal board of elections as the State Board may require. Members of themunicipal board of elections and municipal elections officials shallparticipate in training provided by the State Board pursuant to G.S. 163‑82.24.The State Board shall provide the same training, materials, and assistance tomunicipal boards of elections that it provides to county boards of elections.
The county and municipal boards of elections shall be governed by thesame rules for settling controversies with respect to counting ballots orcertification of the returns of the vote in any municipal or special districtelection as are in effect for settling such controversies in county and Stateelections.
(b) Emergency Administration if Municipal Board Is NotAppointed. If a municipal council in a municipality that has elected pursuantto G.S. 163‑285 to conduct its own elections has not appointed amunicipal board of elections and reported the appointments to the ExecutiveDirector by June 1 in the year in which the municipal election is to occur, theExecutive Director shall notify the municipal council that, unless a municipalboard of elections is appointed and the Executive Director notified of itsappointment by June 15 of that year, the county board of elections shall beordered to conduct that municipality's elections that year on an emergencybasis. If the municipal council does not so appoint and so notify by June 15,the Executive Director shall order the county board of elections to conduct themunicipality's elections that year on an emergency basis.
(c) Emergency Administration Due to Serious Violations. If amunicipal council or municipal board of elections has committed violations ofthe applicable portions of this Chapter prior to a municipal election and thoseviolations are of such magnitude as to give rise to reasonable doubt as to theability of the municipal board of elections to conduct that election withcompetence and fairness, the Executive Director of the State Board, with theapproval of at least four members of the State Board, may order the countyboard of elections to conduct the remainder of that election on an emergencybasis. Before an order is made under this subsection, the municipal council andmunicipal board of elections shall be given an opportunity to be heard by theState Board.
(d) Permanent County Administration. The State Board ofElections may designate the county board of elections as the permanent agencyto conduct a municipality's elections if all the following conditions are met:
(1) In more than one election conducted by that municipalityeither (i) the municipality's elections have been administered on an emergencybasis pursuant to subsection (b) or (c) of this section or (ii) a new electionhas been ordered because of irregularities in the municipality's administrationof the election.
(2) The State Board finds that the interest of the residents ofthe municipality in fair and competent administration of elections requiresthat the municipality not conduct its own elections.
(3) The municipal council and municipal board of elections aregiven an opportunity to be heard before the State Board.
(4) The State Board by a vote of at least four of its membersdesignates the county board of elections as the permanent agency to conductthat municipality's elections.
Themunicipal council may not elect to conduct its own elections under G.S. 163‑285if the State Board has designated the county board of elections under thissubsection as the permanent agency to conduct the municipality's elections.
(e) Reimbursement. If the county board of elections administersa municipality's elections pursuant to subsection (b), (c), or (d) of thissection, the municipality shall reimburse the county board of elections in themanner set forth in G.S. 163‑285. (1971, c. 835, s.1; 1973, c. 793, s. 92; 1999‑426, s. 6(a); 2001‑319, s. 11; 2001‑374,s. 3.)
