§ 120-10.3. Initiating a contest. - North Carolina Statutes

§ 120‑10.3.  Initiatinga contest.

(a)        Who May Initiate. –A contest may be initiated only by a contestant by the filing of a writtennotice of the intent to petition for a contest in accordance with this section.

(b)        When May Initiate.– The notice of intent may be filed no earlier than the date provided in G.S.163‑182.5 for the canvass by the board of elections with jurisdiction forthe office under G.S. 163‑182.4. The notice of intent must be filed nolater than the latter of: (i) 10 days after a certificate of election has beenissued, or (ii) 10 days after the conclusion of the election protest procedureunder Article 15A of Chapter 163 of the General Statutes, but in no event may acontestant initiate a contest later than 30 days after the convening of aregular or special session of the General Assembly next after the election.

(c)        Content of Notice.– A notice of intent shall state the grounds for the contest. The grounds shallbe either or both of the following:

(1)        Objections to theeligibility or qualifications of the contestee as a candidate in the electionbased on specific allegations.

(2)        Objections to theconduct or results of the election accompanied by specific allegations that ifproven true would have a probable impact on the outcome of the election.

The notice of intent shallalso state that a contestee shall file an answer to the notice of intent inaccordance with G.S. 120‑10.4. The notice of intent shall be signed bythe contestant and shall be verified in accordance with Rule 11(b) of the Rulesof Civil Procedure. (2005‑3, s. 2.)