§ 163-182.11. Appeal of a protest decision by the county board to the State Board of Elections. - North Carolina Statutes

§ 163‑182.11.  Appeal of a protest decision bythe county board to the State Board of Elections.

(a)        Notice and Perfection of Appeal. – The decision by thecounty board of elections on an election protest may be appealed to the StateBoard of Elections by any of the following:

(1)        The person who filed the protest.

(2)        A candidate or elected official adversely affected by thecounty board's decision.

(3)        Any other person who participated in the hearing and has asignificant interest adversely affected by the county board's decision.

Written notice of the appeal must be given to the county board within24 hours after the county board files the written decision at its office. Theappeal to the State Board must be in writing. The appeal must be delivered ordeposited in the mail, addressed to the State Board, by the appropriate one ofthe following: (i) the end of the second day after the day the decision wasfiled by the county board in its office, if the decision concerns a firstprimary; or (ii) the end of the fifth day after the day the decision was filedin the county board office, if the decision concerns an election other than afirst primary.

The State Board shall prescribe forms for filing appeals from thecounty board.

(b)        Consideration of Appeal by State Board. – In itsconsideration of an appeal from a decision of a county board of elections on aprotest, the State Board of Elections may do any of the following:

(1)        Decide the appeal on the basis of the record from the countyboard, as long as the county board has made part of the record a transcript ofthe evidentiary hearing.

(2)        Request the county board or any interested person tosupplement the record from the county board, and then decide the appeal on thebasis of that supplemented record.

(3)        Receive additional evidence and then decide the appeal onthe basis of the record and that additional evidence.

(4)        Hold its own hearing on the protest and resolve the proteston the basis of that hearing.

(5)        Remand the matter to the county board for further proceedingsin compliance with an order of the State Board.

The State Board shall follow the procedures set forth in subsections(c) and (d) of G.S. 163‑182.10 except where they are clearlyinapplicable.

The State Board shall give notice of its decision as required by G.S.163‑182.14, and may notify the county board and other interested personsin its discretion. (2001‑398, s. 3.)