STATE STATUTES & CODES
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NORTH CAROLINA STATUTES AND CODES
§ 163-213. Appointment of Presidential Electors by General Assembly in certain circumstances, by the Governor in certain other circumstances.
§ 163‑213. Appointment of Presidential Electorsby General Assembly in certain circumstances, by the Governor in certain othercircumstances.
(a) Appointment by General Assembly if No Proclamation by SixDays Before Electors' Meeting Day. As permitted by 3 U.S.C. § 2, whenever theappointment of any Presidential Elector has not been proclaimed under G.S. 163‑210before noon on the date for settling controversies specified by 3 U.S.C. § 5,and upon the call of an extra session pursuant to the North CarolinaConstitution for the purposes of this section, the General Assembly may fillthe position of any Presidential Electors whose election is not yet proclaimed.
(b) Appointment by Governor if No Appointment by the Day BeforeElectors' Meeting Day. If the appointment of any Presidential Elector has notbeen proclaimed under G.S. 163‑210 before noon on the date for settlingcontroversies specified by 3 U.S.C. § 5, nor appointed by the General Assemblyby noon on the day before the day set for the meeting of Presidential Electorsby 3 U.S.C. § 7, then the Governor shall appoint that Elector.
(c) Standard for Decision by General Assembly and Governor. Inexercising their authority under subsections (a) and (b) of this section, theGeneral Assembly and the Governor shall designate Electors in accord with theirbest judgment of the will of the electorate. The decisions of the GeneralAssembly or Governor under subsections (a) and (b) of this section are notsubject to judicial review, except to ensure that applicable statutory andconstitutional procedures were followed. The judgment itself of what was thewill of the electorate is not subject to judicial review.
(d) Proclamation Before Electors' Meeting Day Controls. If theproclamation of any Presidential Elector under G.S. 163‑210 is made anytime before noon on the day set for the meeting of Presidential Electors by 3U.S.C. § 7, then that proclamation shall control over an appointment made bythe General Assembly or the Governor. This section does not preclude litigationotherwise provided by law to challenge the validity of the proclamation or theprocedures that resulted in that proclamation. (2001‑289, s. 2.)