North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 02 - ELECTION PROTESTS › Section .0100 - ELECTION PROTESTS › Section 02 .0112 - APPEAL TO THE STATE BOARD OF ELECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
All appeals of a county board of election protest decision
				  must use the following form available on the State Board of Elections'
				  website:
APPEAL OF ELECTION PROTEST TO STATE BOARD OF ELECTIONS
(Use of this form is required by
				  G. S.
				  163-182.11(a))
A copy of this appeal must be given to the county board of
				  elections within 24 hours (weekends and holidays excluded) after the county
				  board files its written decision at its office. This same appeal must be filed
				  with or mailed to the State Board of Elections by the end of the second day
				  following the county board decision if the protest involves a first primary. As
				  to a protest of any other election, this appeal must be filed or deposited in
				  the mail by the end of the fifth day following the county board decision. See
				  G.S.
				  163-182.11(a). A copy of the
				  original election protest form with attachments must be filed with this appeal.
				  A copy of the county board decision must be filed with this appeal. The county
				  board will provide the record on appeal. As many additional sheets as are
				  necessary to answer the questions below may be attached, but they must be
				  numbered. Please print or type your answers.
1. Full name, mailing address, home and
				business phone, fax number, and e-mail address of undersigned.
_____________________________________________________________________________________________
2. Are you the person who filed
				the original protest, a candidate or office holder adversely affected by the
				county decision, or someone else whose interest has been adversely affected by
				the county decision?
_____________________________________________________________________________________________
3.  State the date, place, kind of
				election, and results of the election protested (if different from the
				information on the election and its results as set out in the attached original
				protest form).
_____________________________________________________________________________________________
4. State the name, mailing address, home
				phone, and business phone of all candidates involved in the protested election.
_____________________________________________________________________________________________
5. State the date of the county
				board
				hearing__________________________________________________________
6. State the legal and factual basis for your
				appeal.
_____________________________________________________________________________________________
7. Is there any material submitted
				with this appeal that was not presented to and considered by the county board?
				Is so, please identify and state why it was not presented to the county board.
				Why do you think the State Board of Elections should consider it?
_____________________________________________________________________________________________
8. Normally the State Board will
				make its decision in an appeal based upon the record from the county board. If
				you desire the record in this matter to be supplemented, additional evidence to
				be considered, or a completely new hearing, please state such desire and why it
				should be allowed in this appeal. See
				G.S.
				163-182.11(b).
_____________________________________________________________________________________________
9. What relief do you seek? Why?
_____________________________________________________________________________________________
10. Have you read and reviewed
				G.S.
				163-182.11 through
				G.S.
				163-182.14 and the current North Carolina
				State Board of Elections regulations on appeals of election protests?
				________________________________________________
11. Besides a copy of the original protest
				and the county board decisions, this appeal includes___ pages of additional
				answers and__ pages of exhibits and documents not included in the original
				protest and decision.
_______________________________
________________
Signature of Person Appealing
Date Appeal Signed
Date appeal received by State Board of Elections
_________________________________________
(To be entered by the State Board of Elections staff)
Send your appeal to, or it you have questions contact: North
				  Carolina State Board of Elections, P.O. Box 27255, Raleigh, NC 27611-7255,
				  (919) 733-7173.
Authority
				  G.S.
				  163-22;
				  163-182.11;
Temporary
				  Adoption Eff. April 15, 2002;
Eff. August 1, 2004;
Readopted Eff. June 1, 2019.