§ 163-182.13. New elections. - North Carolina Statutes

§ 163‑182.13.  Newelections.

(a)        When State BoardMay Order New Election. – The State Board of Elections may order a newelection, upon agreement of at least four of its members, in the case of anyone or more of the following:

(1)        Ineligible voterssufficient in number to change the outcome of the election were allowed to votein the election, and it is not possible from examination of the officialballots to determine how those ineligible voters voted and to correct thetotals.

(2)        Eligible voterssufficient in number to change the outcome of the election were improperlyprevented from voting.

(3)        Other irregularitiesaffected a sufficient number of votes to change the outcome of the election.

(4)        Irregularities orimproprieties occurred to such an extent that they taint the results of theentire election and cast doubt on its fairness.

(b)        State Board to SetProcedures. – The State Board of Elections shall determine when a new electionshall be held and shall set the schedule for publication of the notice,preparation of absentee official ballots, and the other actions necessary toconduct the election.

(c)        Eligibility to Votein New Election. – Eligibility to vote in the new election shall be determinedby the voter's eligibility at the time of the new election, except that in aprimary, no person who voted in the initial primary of one party shall vote inthe new election in the primary of another party. The State Board of Electionsshall promulgate rules to effect the provisions of this subsection.

(d)        Jurisdiction inWhich New Election Held. – The new election shall be held in the entirejurisdiction in which the original election was held.

(e)        Which Candidates toBe on Official Ballot. – All the candidates who were listed on the officialballot in the original election shall be listed in the same order on theofficial ballot for the new election, except in either of the following:

(1)        If a candidate diesor otherwise becomes ineligible between the time of the original election andthe new election, that candidate may be replaced in the same manner as if thevacancy occurred before the original election.

(2)        If the election isfor a multiseat office, and the irregularities could not have affected theelection of one or more of the candidates, the new election, upon agreement ofat least four members of the State Board, may be held among only thosecandidates whose election could have been affected by the irregularities.

(f)         Tie Votes. – Ifineligible voters voted in an election and it is possible to determine from theofficial ballots the way in which those votes were cast and to correct theresults, and consequently the election ends in a tie, the provisions of G.S.163‑182.8 concerning tie votes shall apply.  (2001‑398, s. 3; 2003‑278,s. 8(a); 2008‑150, s. 2(a).)