North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 02 - ELECTION PROTESTS › Section .0100 - ELECTION PROTESTS › Section 02 .0111 - ELECTION PROTEST FORM

Current through Register Vol. 39, No. 2, July 15, 2024
All persons bringing an election protest under Article 15A
				  shall complete and timely file the following form. For the purposes of this
				  Rule, "timely" means within the time required by
				  G.S.
				  163-182.9(b). Please note
				  this form shall not be used to challenge the registration of an individual
				  voter or to report an incident other than an irregularity affecting the outcome
				  of an election.
ELECTION PROTEST
(Use of this form is required by
				  G.S.
				  163-182.9(c))
This form must be filed with the county board of elections
				  within the timeframes set out in
				  G.S.
				  163-182.9(b)(4). Please
				  print or type your answers. Use additional sheets if needed to answer the below
				  questions fully. Number the pages of all additional sheets. Please note that
				  filings will be a public record. Please redact all confidential information,
				  such as date of birth, Social Security number, and driver's license
				  number.
Respond to all prompts. Failure to complete this form as
				  required may result in the dismissal of your protest. Attach additional sheets
				  as necessary, including all exhibits and supplemental documents. All
				  attachments are deemed incorporated and covered under the Protest
				  Certification.
PROTESTOR
1. Provide
				your preferred contact information:
Name:__________________________________________County of
				  Residence: ___________________
Email: __________________________________________Phone:
				  ______________________________
Mailing Address:
				  ______________________________________________________________________
NOTE: You will be deemed to consent to service at all of the
				  above addresses (including email), unless you attach an addendum indicating
				  otherwise.
2. Are you
				represented by counsel? [] Yes [] No
NOTE: If you answered Yes, above, your counsel must complete
				  and you must attach the Counsel Certification Addendum.
3. Mark all that describe you:
[] Candidate for the office of
				  ________________________________________
[] Registered voter eligible to participate in the protested
				  election contest
[] Neither of the above*
*If you select this option, you are not eligible to
				  file a protest.
PROTEST SCOPE
4. List all election contests subject to your
				protest and calculate the margin of votes separating the apparent winner from
				the runner-up as of the date of filing. Your response does not waive your right
				to contest the validity of the current vote count. If your protest concerns all
				contests on the ballot, you must include the vote margin for each contest.
Protested Contest(s)
Current Vote Margin
(subtract runner-up totals from apparent winner's
							 totals)
Example: Mayor of Townsville
75
5.
				This protest alleges
(select at least one):
[] A defect in the manner by which votes were counted or
				  results tabulated sufficient to cast doubt on the apparent results of the
				  election.
[] A violation of election law, irregularity, or misconduct
				  sufficient to cast doubt on the apparent results of the election.
FACTUAL BASIS & LEGAL ARGUMENT
6. Provide all factual allegations in support
				of your protest. If any fact you allege is outside the scope of your personal
				knowledge, you may attach affidavits from those who have personal knowledge of
				that fact. All facts you allege in connection with this protest must be true
				and accurate to the best of your knowledge, and brought in the sincere belief
				that the facts alleged form a good faith basis to protest the conduct and
				results of the election.
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
7. List all individuals, if any,
				you may call as witnesses to substantiate facts listed in Prompt 6. If there
				are multiple individuals, summarize the facts of which the individual has
				personal knowledge.
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
8. Cite any statute or case,
				administrative rule or decisions, and election policy or procedure that
				supports your claim set out under Prompt 5.
__________________________________________________________________________________________
__________________________________________________________________________________________
RELIEF
9.
				What effect do you believe the facts alleged in response to Prompt 6, if
				proven, will have on the electoral outcome in the protested contest(s)? Your
				response should account for the current vote margin calculated in response to
				Prompt 4.
[] The electoral outcome of the protested contest(s) will
				  change.
[] The electoral outcome of the protested contest(s) will not
				  change.
[] I am uncertain whether the outcome of the contest(s) will
				  change.
[] Other
				  ________________________________________________
10. What relief do you seek?
[] Correct the vote count
[] A new election
[] Other:
				  ________________________________________________
ASSISTANCE
11. List all persons who assisted you in
				preparing the contents of this protest and indicate the nature of the
				assistance provided:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Note: For protestors represented by an attorney, this protest
				  is the initial filing in a proceeding as defined by N.C. State Bar Rules.
See
27 N.C.A.C. 02 Rule 1.00(n).
12. Has any candidate, political party,
				organization, or person acting on behalf of the same requested that you bring
				this protest?
[] Yes
[] No
13.
				Have you received any financial or other benefit or promise of future financial
				or other benefit in exchange for filing this protest?
[] Yes
[] No
AFFECTED PARTIES & SERVICE
You must serve copies of all filings on every person with a
				  direct stake in the outcome of this protest ("Affected Parties"). Affected
				  Parties include every candidate seeking nomination or election in the protested
				  contest(s) listed under Prompt 4, not only the apparent winner and runner-up.
				  If a protest concerns the eligibility or ineligibility of particular voters,
				  all such voters are Affected Parties and must be served. Address information
				  for registered voters is available from the county board of elections or using
				  the Voter Lookup at
www.ncsbe.gov
.
Materials may be served by personal delivery, transmittal
				  through U.S. Mail or commercial carrier service to the Affected Party's mailing
				  address of record on file with the county board of elections or the State
				  Board, or by any other means affirmatively authorized by the Affected Party. If
				  you know the Affected Party is represented by an attorney, service must be made
				  on his or her counsel. Service must occur within one (1) business day of filing
				  materials with the county board of elections. If service is by transmittal
				  through the U.S. Mail or commercial carrier service, service will be complete
				  when the properly addressed, postage-paid parcel is deposited into the care and
				  custody of the U.S. Mail or commercial carrier service. It is your
				  responsibility to ensure service is made on all Affected Parties.
14. List all Affected Parties,
				including their service address:
Affected Party
Service Address
____________________________
______________________________________________________
____________________________
______________________________________________________
____________________________
______________________________________________________
____________________________
______________________________________________________
____________________________
______________________________________________________
____________________________
______________________________________________________
PROTESTOR CERTIFICATION
15. By signing this protest application, you
				affirm the following:
I, ______________________
(full name)
,
				  swear, under penalty of perjury, that the information provided in this protest
				  filing is true and accurate to the best of my knowledge, and that I have read
				  and understand the following:
(initial)
____ I have reviewed the statutes and administrative rules
				  governing election protests, including all deadlines.
____ My protest must originate with a filing at the county
				  board of elections.
____ I must timely serve all Affected Parties.
____ I must prove by
substantial evidence
either the existence of a defect in the manner by which votes were counted or
				  results tabulated or the occurrence of a violation of election law,
				  irregularity, or misconduct, either of which were sufficient to cast doubt on
				  the apparent results of the election.
____ It is a crime to interfere unlawfully with the conduct
				  and certification of an election.
____ It is a crime to interfere unlawfully with the ability
				  of a qualified individual to vote and to have that vote counted in the
				  election.
____ The facts I allege in connection with this protest are
				  true and accurate to the best of my knowledge, and I have a good faith basis to
				  protest the conduct and results of the election.
Submitting fraudulently or falsely completed
				  declarations is a Class I felony under Chapter 163 of the General Statutes.
				  This notice is provided pursuant to S.L. 2013-381, s. 5.4.
Signature of Protestor:
				  ______________________________________ Date:_________________
(This signature must be signed in the presence of a
				  notary)
State of North Carolina, County of
				  ________________________
Sworn to (or affirmed) and subscribed before me this the
				  _____ day of ______________, 20____.
_________________________________
(Official Seal)
Official Signature of Notary
_____________________, Notary Public
Printed Name
My commission expires: ________________
.....................................................................................................................................................................................
Date/Time Filed with County Board
______________________________________
(completed by the county board)
NOTE:
The county board must provide the State
				  Board with a complete copy of a filed protest within one business day after it
				  is filed. In addition, the county board shall provide a copy of the election
				  audit with this copy of the protest.
Please direct any questions to your county board of elections
				  or the North Carolina State Board of Elections & Ethics Enforcement, PO Box
				  27255, Raleigh, NC 27611-7255.
COUNSEL OF RECORD ADDENDUM
If you answered Yes to Prompt 2 on the above, your
				  attorney must complete this form and you must file it with your Election
				  Protest Application.
Attorney Must complete all of the following:
Protestor Name:
							 _______________________
Protestor County:_______________________
Attorney Name: _______________________
Attorney Email:
							 _______________________
Attorney Phone:
							 __________________________
[] I am a member in good standing with the North Carolina
				  State Bar
[] I am not licensed to practice law in North Carolina but am
				  a member in good standing in ______________________ (State or District of
				  Columbia), and do hereby apply to appear pro hac vice and certify that I have
				  or will file all appropriate documents required under
				  G.S.
				  84-4.1.
Law Firm: ___________________________________
Bar Number: ___________________________________
I (choose one) [] am [] am not:
Subject to any order of any court or administrative agency
				  disbarring, suspending, enjoining, restraining, or otherwise restricting me in
				  the practice of law. If you are subject to any orders, explain in the space
				  below.
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
I represent the Protestor whose name is provided above. I
				  have read and understand the laws governing election protests in North Carolina
				  General Statutes Chapter 163 and Title 8 of the N.C. Administrative Code. I
				  swear/attest that the information I have provided in this Addendum is true and
				  accurate to the best of my knowledge.
_______________________________________
________________
Attorney Signature
Date
Authority
				  G.S.
				  163-22;
				  163-182.9;
Temporary
				  Adoption Eff. April 15, 2002;
Eff. August 1, 2004;
Readopted Eff. September 1, 2018;
Amended Eff. November 1,
				  2020.