163-25. Authority of State Board to assist in litigation.
The State Board of Elections shall possess authority to assist any county board of elections in any matter in which litigation is contemplated or has been initiated, provided, the county board of elections in such county petitions, by majority resolution, for such assistance from the State Board of Elections and, provided further, that the State Board of Elections determines, in its sole discretion by majority vote, to assist in any such matter. It is further stipulated that the State Board of Elections shall not be authorized under this provision to enter into any litigation in assistance to counties, except in those instances where the uniform administration of this Chapter has been, or would be threatened.
The Attorney General shall provide the State Board of Elections with legal assistance in execution of its authority under this section or, in the Attorney General's discretion, recommend that private counsel be employed.
If the Attorney General recommends employment of private counsel, the State Board may employ counsel with the approval of the Governor. (1969, c. 408, s. 1; 1973, c. 793, s. 6; 1983, c. 324, s. 2; 2011-31, s. 16; 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 3 - State Board of Elections.
§ 163-19 - State Board of Elections; appointment; term of office; vacancies; oath of office.
§ 163-20 - Meetings of Board; quorum; minutes.
§ 163-21 - Compensation of Board members.
§ 163-22 - Powers and duties of State Board of Elections.
§ 163-22.2 - Power of State Board to promulgate temporary rules and regulations.
§ 163-22.3 - State Board of Elections littering notification.
§ 163-23 - Powers of chair in execution of Board duties.
§ 163-24 - Power of State Board of Elections to maintain order.
§ 163-25 - Authority of State Board to assist in litigation.
§ 163-26 - Executive Director of State Board of Elections.
§ 163-27 - Executive Director to be appointed by State Board.