163-182.12. Authority of State Board of Elections over protests.
The State Board of Elections may consider protests that were not filed in compliance with G.S. 163-182.9, may initiate and consider complaints on its own motion, may intervene and take jurisdiction over protests pending before a county board, and may take any other action necessary to assure that an election is determined without taint of fraud or corruption and without irregularities that may have changed the result of an election. Where a known group of voters cast votes that were lost beyond retrieval or where a known group of voters was given an incorrect ballot style, the State Board of Elections may authorize a county board of elections to allow those voters to recast their votes during a period of two weeks after the canvass by the State Board of Elections required in G.S. 163-182.5(c). If there is no State Board canvass after the election, the State Board may authorize the county board to allow the recasting of votes during the two weeks after the county canvass set in G.S. 163-182.5(a). If the State Board approves a recasting of votes under this section, any procedures the county board uses to contact those voters and allow them to recast their votes shall be subject to approval by the State Board. Those recast votes shall be added to the returns and included in the canvass. The recasting of those votes shall not be deemed a new election for purposes of G.S. 163-182.13. (2001-398, s. 3; 2005-428, s. 17; 2007-391, s. 12; 2008-187, s. 33(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 163 - Elections and Election Laws
Article 15A - Counting Ballots, Canvassing Votes, and Certifying Results in Precinct and County.
§ 163-182.1 - Principles and rules for counting official ballots.
§ 163-182.2 - Initial counting of official ballots.
§ 163-182.3 - Responsibility of chief judge.
§ 163-182.4 - Jurisdiction for certain ballot items.
§ 163-182.5 - Canvassing votes.
§ 163-182.7 - Ordering recounts.
§ 163-182.7A - Additional provisions for hand-to-eye recounts.
§ 163-182.8 - Determining result in case of a tie.
§ 163-182.9 - Filing an election protest.
§ 163-182.10 - Consideration of protest by county board of elections.
§ 163-182.11 - Appeal of a protest decision by the county board to the State Board of Elections.
§ 163-182.12 - Authority of State Board of Elections over protests.
§ 163-182.12A - Post-election audits.
§ 163-182.13A - Contested elections for Council of State offices.
§ 163-182.15 - Certificate of nomination or election, or certificate of the results of a referendum.
§ 163-182.16 - Governor to issue commissions for certain offices.
§ 163-182.17 - Summary of officials' duties under this Article.