163-87. Challenges allowed on day of primary or election.
On the day of a primary or election, at the time a registered voter offers to vote, any other registered voter of the county may exercise the right of challenge, and when the voter does so may enter the voting enclosure to make the challenge, but the voter shall retire therefrom as soon as the challenge is heard.
On the day of a primary or election, any other registered voter of the county may challenge a person for one or more of the following reasons:
(1) One or more of the reasons listed in G.S. 163-85(c).
(2) That the person has already voted in that primary or election.
(3) If the challenge is made with respect to voting in a partisan primary, that the person is a registered voter of another political party.
(4) Repealed by Session Laws 2018-144, s. 3.1(c), effective December 19, 2018.
(5) The registered voter does not present photo identification in accordance with G.S. 163-166.16.
The chief judge, judge, or assistant appointed under G.S. 163-41 or 163-42 may enter challenges under this section against voters in the precinct for which appointed regardless of the place of residence of the chief judge, judge, or assistant.
If a person is challenged under this subsection, and the challenge is sustained under G.S. 163-85(c)(3), the voter may still transfer that voter's registration under G.S. 163-82.15(e) if eligible under that section, and the registration shall not be cancelled under G.S. 163-90.2(a) if the transfer is made. A person who has transferred that voter's registration under G.S. 163-82.15(e) may be challenged at the precinct to which the registration is being transferred. (1915, c. 101, s. 11; 1917, c. 218; C.S., s. 6031; 1921, c. 181, s. 6; 1923, c. 111, s. 14; 1929, c. 164, s. 36; 1953, c. 843; 1955, c. 800; c. 871, s. 7; 1959, c. 616, s. 2; c. 1203, s. 7; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1985, c. 563, ss. 11.4, 14; 1987, c. 408, s. 7; 1993 (Reg. Sess., 1994), c. 762, s. 26; 1995 (Reg. Sess., 1996), c. 734, s. 4; 2006-262, s. 3(a); 2009-541, s. 16.1(b); 2013-381, ss. 2.9, 20.2; 2017-6, s. 3; 2018-144, s. 3.1(c); 2018-146, s. 3.1(a), (b).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 163 - Elections and Election Laws
§ 163-84 - Time for challenge other than on day of primary or election.
§ 163-85 - Challenge procedure other than on day of primary or election.
§ 163-86 - Hearing on challenge.
§ 163-87 - Challenges allowed on day of primary or election.
§ 163-88 - Hearing on challenge made on day of primary or election.
§ 163-88.1 - Request for challenged ballot.
§ 163-89 - Procedures for challenging absentee ballots.
§ 163-90 - Challenge as felon; answer not to be used on prosecution.
§ 163-90.2 - Action when challenge sustained, overruled, or dismissed.