§ 163-278.28. Issuance of injunctions; special prosecutors named. - North Carolina Statutes

§ 163‑278.28. Issuance of injunctions; special prosecutors named.

(a)        The superior courts of this State shall have jurisdiction toissue injunctions or grant any other equitable relief appropriate to enforcethe provisions of this Article upon application by any registered voter of theState.

(b)        If the Board makes a report to a district attorney underG.S. 163‑278.27 and no prosecution is initiated within 45 days after thereport is made, any registered voter of the prosecutorial district to whosedistrict attorney a report has been made, or any board of elections in thatdistrict, may, by verified affidavit, petition the superior court for thatdistrict for the appointment of a special prosecutor to prosecute theindividuals or persons who have or who are believed to have violated anysection of this Article. Upon receipt of a petition for the appointment of aspecial prosecutor, the superior court shall issue an order to show cause,directed at the individuals or persons alleged in the petition to be in violationof this Article, why a special prosecutor should not be appointed. If there isno answer to the order, the court shall appoint a special prosecutor. If thereis an answer, the court shall hold a hearing on the order, at which both thepetitioning and answering parties may be heard, to determine whether a primafacie case of a violation and failure to prosecute exists. If there is such aprima facie case, the court shall so find and shall thereupon appoint a specialprosecutor to prosecute the alleged violators. The special prosecutor shalltake the oath required of assistant district attorneys by G.S. 7A‑63,shall serve as an assistant district attorney pro tem of the appropriatedistrict, and shall prosecute the alleged violators. (1973, c. 1272, s. 1; 1979, c. 500, s. 11.)