State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_18B > GS_18B-601

§18B‑601.  Election procedure.

(a)        Generally. – Exceptas otherwise provided in this section, an alcoholic beverage election shall beconducted in the same manner and under the same rules as a referendum underChapter 163.

(b)        How County ElectionCalled. – A county alcoholic beverage election shall be conducted by the countyboard of elections.  When a county is eligible to hold an election under G.S.18B‑600, the county board of elections shall hold the election uponreceiving either:

(1)        A written requestfor an election from the governing body of the county; or

(2)        A petitionrequesting an election signed by at least thirty‑five percent (35%) ofthe voters registered in the county at the time the petition was initiated.

(c)        How City ElectionCalled. – A city alcoholic beverage election shall be conducted by the countyboard of elections or, in the case of a city authorized under Chapter 163 toconduct its own elections, by the city board of elections.  When a city iseligible to hold an election under G.S. 18B‑600, the board of electionsshall hold the election upon receiving either:

(1)        A written requestfor an election from the city governing body; or

(2)        A petitionrequesting an election signed by at least thirty‑five percent (35%) ofthe voters registered in the city at the time the petition was initiated.

(d)        Form of Request. –A request or petition for a malt beverage election shall state which of thefour propositions in G.S. 18B‑602(a) are to be voted upon.  A request orpetition for an unfortified wine election shall state which of the threepropositions in G.S. 18B‑602(d) are to be voted upon. More than one kindof alcoholic beverage election may be included in a single request or petition.

(e)        Petitions. – Apetition for an election shall be on a form provided by the appropriate localboard of elections and shall contain the signature, name, address and precinctof each voter who signs.  A petition shall be considered initiated at the timethe form is delivered by the board of elections to the person who requests it. Within 72 hours after the petition is initiated, the board of elections shallcertify the number of registered voters in the city or county at the time itwas initiated.  The petition shall be returned to the board of elections within90 days of the time it is initiated.  Failure to return the petition withinthat time shall render it void.  The board of elections shall determine thesufficiency of the petition within 30 days after it is returned.

(f)         Election Date. –The board of elections shall set the date for the alcoholic beverage election,which may not be sooner than 60 days nor later than 120 days from the date therequest was received from the governing body or the petition was verified bythe board.  No alcoholic beverage election may be held on the Tuesday nextafter the first Monday in November of an even‑numbered year.

(g)        Registration. – Noseparate registration shall be required to vote in an alcoholic beverageelection.  Registration shall be closed for an alcoholic beverage election inthe same manner and under the same schedule as for any other election.

(h)        Notice. – The boardof elections shall give notice of an alcoholic beverage election and notice ofthe close of registration in the same manner and under the same schedule as forany other election.

(i)         Observers. – Theproponents and opponents for an alcoholic beverage election, as determined bythe local board of elections, shall have the right to appoint two observers toattend each voting place.  The persons authorized to appoint observers shall,three days before the election, submit in writing to the chief judge of eachprecinct a signed list of the observers appointed for that precinct.  Thepersons appointed as observers shall be registered voters of the precinct forwhich appointed.  The chief judge and judges for the precinct may for goodcause reject any appointee and require that another be appointed. Observersshall do no electioneering at the voting place nor in any manner impede thevoting process, interfere or communicate with or observe any voter in castinghis ballot.  Observers shall be permitted in the voting place to make suchobservation and to take such notes as they may desire. (1937,c. 49, ss. 25, 26; c. 431; 1947, c. 1084, ss. 1, 2, 4; 1951, c. 999, ss. 1, 2;1957, c. 816; 1963, c. 265, ss. 1‑3; 1965, c. 506; 1969, c. 647, s. 1;1971, c. 872, s. 1; 1973, cc. 32, 33; 1977, c. 149, s. 1; c. 182, s. 2; 1977,2nd Sess., c. 1138, s. 15; 1979, c. 140, ss. 2, 3; c. 609, s. 1; c. 683, s. 13;1979, 2nd Sess., c. 1174; 1981, c. 412, s. 2; 1985, c. 705, ss. 1, 2.1; 1987,c. 14; 1993 (Reg. Sess., 1994), c. 762, s. 8.)