§ 163-88. Hearing on challenge made on day of primary or election. - North Carolina Statutes

§ 163‑88.  Hearing on challenge made on day ofprimary or election.

A challenge entered on the day of a primary or election shall be heardand decided by the chief judge and judges of election of the precinct in whichthe challenged registrant is registered before the polls are closed on the daythe challenge is made. When the challenge is heard the precinct officialsconducting the hearing shall explain to the challenged registrant thequalifications for registration and voting in this State, and shall examine himas to his qualifications to be registered and to vote. If the challengedregistrant insists that he is qualified, and if, by sworn testimony, he shallprove his identity with the person in whose name he offers to vote and hiscontinued residence in the precinct since he was registered, one of the judgesof election or the chief judge shall tender to him the following oath oraffirmation, omitting the portions in brackets if the challenge is heard on theday of an election other than a primary:

"You do solemnly swear (or affirm) that you are a citizen of theUnited States; that you are at least 18 years of age [or will become 18 by thedate of the next general election]; that you have [or will have] resided inthis State and in the precinct for which registered for 30 days [by the date ofthe next general election]; that you are not disqualified from voting by theConstitution and laws of this State; that your name is_____________, and thatin such name you were duly registered as a voter of this precinct; that you arethe person you represent yourself to be; [that you are affiliated with the__________ party]; and that you have not voted in this [primary] election atthis or any other voting place. So help you, God."

If the challenged registrant refuses to take the tendered oath, thechallenge shall be sustained, and the precinct officials conducting the hearingshall mark the registration records to reflect their decision, and they shallerase the challenged registrant's name from the pollbook if it has been enteredtherein. If the challenged registrant takes the tendered oath, the precinctofficials conducting the hearing may, nevertheless, sustain the challengeunless they are satisfied that the challenged registrant is a legal voter. Ifthey are satisfied that he is a legal voter, they shall overrule the challengeand permit him to vote. Whenever any person's vote is received after havingtaken the oath prescribed in this section, the chief judge or one of the judgesof election shall write on the registration record and on the pollbook oppositethe registrant's name the word "sworn."

Precinct election officials conducting hearings on challenges on theday of a primary or election shall have authority to administer the necessaryoaths or affirmations to all witnesses brought before them to testify to thequalifications of the person challenged.

A letter or postal card mailed by returnable mail and returned by theUnited States Postal Service purportedly because the person no longer lives atthat address or because a forwarding order has expired shall not be admissibleevidence in a challenge heard under this section which was made under G.S. 163‑87.(1901, c. 89, s. 22; Rev.,s. 4340; C.S., s. 5973; 1955, c. 871, s. 2; 1967, c. 775, s. 1; 1971, c. 1231,s. 1; 1973, c. 1223, s. 6; 1985, c. 380, ss. 1, 1.1; 1993 (Reg. Sess., 1994),c. 762, s. 27.)