§ 120-10.8. Referral to committee. - North Carolina Statutes

§ 120‑10.8.  Referral tocommittee.

(a)        Referral. – Theclerk shall refer the notice, answer, petition, reply, depositions, andaffidavits to the committee, which documents shall constitute part of therecord in the contest. The committee shall hear the contest and conduct suchinvestigation as has been directed by resolution of its house.

(b)        Procedure. – Thecommittee shall set a schedule for taking depositions and receiving affidavits.The committee may consider the contestant's and contestee's recommendations forthe procedural schedule. The committee may hold hearings and may compel theattendance of witnesses and the production of documents in its inquiry inaccordance with Article 5A of this Chapter. The committee may accept the filingof briefs. The committee may order the recount of the ballots in the electionand may seek and obtain the assistance of the State Board of Elections in theinterpretation and counting of ballots.

(c)        Compel Discovery. –No witness in a contest shall be excused from discovering whether the witnessvoted in the election that is the subject of the contest or the witness'squalification to vote, except as to the witness's conviction for any offensewhich would disqualify the witness from voting. If the witness was not a qualifiedvoter, the witness shall be compelled to discover for whom the witness voted;but any witness making such discovery shall not be subject to criminal or penalprosecution for having voted in the election.

(d)        Report. – Thecommittee shall report its findings as to the law and the facts and makerecommendations to the house for its action. (2005‑3, s. 2.)