120-10.9. Basis for decision.
(a) Eligibility and Qualification. - If the contest is as to the eligibility or qualifications of the contestee, the house shall determine if the contestee is eligible and qualified. If it determines that the contestee is not eligible or not qualified, it shall order a new election.
(b) Conduct or Results of Election. - If the contest is as to the conduct or results of the election, the house shall determine which candidate received the highest number of votes. If it can determine which candidate received the highest number of votes, it shall seat that person as a member of the house. If it cannot determine which candidate received the highest number of votes, it may order a new election, or may order such other relief, as may be necessary and proper. If it determines that two or more candidates shall be equal and highest in votes, the provisions of G.S. 163-182.8 shall apply. (2005-3, s. 2; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 120 - General Assembly
§ 120-10.1 - Contesting a seat.
§ 120-10.3 - Initiating a contest.
§ 120-10.4 - Answering a notice of intent.
§ 120-10.5 - Filings and service.
§ 120-10.8 - Referral to committee.
§ 120-10.9 - Basis for decision.
§ 120-10.11 - Judicial proceedings abated.
§ 120-10.12 - Determination of house not reviewable.