§ 163-278.26. Appeals from State Board of Elections; early docketing. - North Carolina Statutes

§ 163‑278.26. Appeals from State Board of Elections; early docketing.

Any candidate for nomination or election who is denied a declaration ofnomination or certificate of election, pursuant to G.S. 163‑278.25, may,within five days after the action of the Board under that section, appeal tothe Superior Court of Wake County for a final determination of any questions oflaw or fact which may be involved in the Board's action. The cause shall beentitled "In the Matter of the Candidacy of ______ ." It shall beplaced on the civil docket of that court and shall have precedence over allother civil actions. In the event of an appeal, the chairman of the Board shallcertify the record to the clerk of that court within five days after the appealis noted.

The record on appeal shall consist of all reports filed by thecandidate or his treasurer with the Board pursuant to this Article, and amemorandum of the Board setting forth with particularity the reasons for itsaction in denying the candidate a declaration of nomination or certificate ofelection. Written notice of the appeal shall be given to the Board by thecandidate or his attorney, and may be effected by mail or personal delivery. Onappeal, the cause shall be heard de novo. (1973, c. 1272, s. 1.)