163-278.28. Issuance of injunctions; special prosecutors named.
(a) The superior courts of this State shall have jurisdiction to issue injunctions or grant any other equitable relief appropriate to enforce the provisions of this Article upon application by any registered voter of the State.
(b) If the Board makes a report to a district attorney under G.S. 163-278.27 and no prosecution is initiated within 45 days after the report is made, any registered voter of the prosecutorial district to whose district attorney a report has been made, or any board of elections in that district, may, by verified affidavit, petition the superior court for that district for the appointment of a special prosecutor to prosecute the individuals or persons who have or who are believed to have violated any section of this Article. Upon receipt of a petition for the appointment of a special prosecutor, the superior court shall issue an order to show cause, directed at the individuals or persons alleged in the petition to be in violation of this Article, why a special prosecutor should not be appointed. If there is no answer to the order, the court shall appoint a special prosecutor. If there is an answer, the court shall hold a hearing on the order, at which both the petitioning and answering parties may be heard, to determine whether a prima facie case of a violation and failure to prosecute exists. If there is such a prima facie case, the court shall so find and shall thereupon appoint a special prosecutor to prosecute the alleged violators. The special prosecutor shall take the oath required of assistant district attorneys by G.S. 7A-63, shall serve as an assistant district attorney pro tem of the appropriate district, and shall prosecute the alleged violators. (1973, c. 1272, s. 1; 1979, c. 500, s. 11; 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 22A - Regulating Contributions and Expenditures in Political Campaigns.
§ 163-278.5 - Scope of Article; severability.
§ 163-278.7 - Appointment of political treasurers.
§ 163-278.7A - Gifts from federal political committees.
§ 163-278.8 - Detailed accounts to be kept by political treasurers.
§ 163-278.8A - Campaign sales by political party executive committees.
§ 163-278.8B - Affiliated party committees.
§ 163-278.8C - Council of State affiliated party committees.
§ 163-278.9 - Statements filed with Board.
§ 163-278.9A - Statements filed by referendum committees.
§ 163-278.10 - Procedure for inactive candidate or committee.
§ 163-278.10A - Threshold of $1,000 for financial reports for certain candidates.
§ 163-278.11 - Contents of treasurer's statement of receipts and expenditures.
§ 163-278.12 - Special reporting of contributions and independent expenditures.
§ 163-278.12C - Special reporting of electioneering communications.
§ 163-278.13 - Limitation on contributions.
§ 163-278.13B - Limitation on fund-raising during legislative session.
§ 163-278.13C - Campaign contributions prohibition.
§ 163-278.16 - Regulations regarding timing of contributions and expenditures.
§ 163-278.16B - Use of contributions for certain purposes.
§ 163-278.17 - Statements of media outlets regarding political advertising.
§ 163-278.18 - Normal commercial charges for political advertising.
§ 163-278.19A - Contributions allowed.
§ 163-278.19B - Political party headquarters building funds.
§ 163-278.21 - Promulgation of policy and administration through State Board of Elections.
§ 163-278.22 - Duties of State Board.
§ 163-278.23 - Duties of Executive Director of State Board.
§ 163-278.24 - Statements examined within four months.
§ 163-278.25 - Issuance of declaration of nomination or certificate of election.
§ 163-278.26 - Appeals from State Board of Elections; early docketing.
§ 163-278.27 - Criminal penalties; duty to report and prosecute.
§ 163-278.28 - Issuance of injunctions; special prosecutors named.
§ 163-278.30 - Candidates for federal offices to file information reports.
§ 163-278.32 - Statements under oath.
§ 163-278.33 - Applicability of Article 22.
§ 163-278.34 - Civil penalties.
§ 163-278.35 - Preservation of records.
§ 163-278.37 - County boards of elections to preserve reports.
§ 163-278.38 - Effect of failure to comply.
§ 163-278.39 - Basic disclosure requirements for all political advertisements.
§ 163-278.39C - Scope of disclosure requirements.
§ 163-278.40A - Organizational report.
§ 163-278.40B - Campaign report; partisan election.
§ 163-278.40C - Campaign report; nonpartisan election and runoff.
§ 163-278.40D - Campaign report; nonpartisan primary and elections.
§ 163-278.40E - Campaign report; nonpartisan plurality.
§ 163-278.40F - Form of report.
§ 163-278.40H - Notice of reports due.
§ 163-278.40I - Part 1 to apply.
§ 163-278.40J - Other committees report by municipal schedule.