North Carolina General Statutes 163-127.6. Appeals
(a) Appeals from Single or Multicounty Panel. – The decision of a panel created under N.C. Gen. Stat. § 163-127.3(1) or N.C. Gen. Stat. § 163-127.3(2) may be appealed as of right to the State Board by any of the following:
(1) The challenger.
Terms Used In North Carolina General Statutes 163-127.6
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) A candidate adversely affected by the panel’s decision.
Appeal must be taken within two business days after the panel serves the written decision on the parties. The written appeal must be delivered or deposited in the mail to the State Board by the end of the second business day after the written decision was filed by the panel. The State Board shall prescribe forms for filing appeals from a panel’s decision in a challenge. The State Board shall base its appellate decision on the whole record of the hearing conducted by the panel and render its opinion on an expedited basis. From the final order or decision by the State Board under this subsection, appeal as of right lies directly to the Court of Appeals. Appeal shall be filed no later than two business days after the State Board files its final order or decision in its office.
(b) Appeals from Statewide Panel. – The decision of a panel created under N.C. Gen. Stat. § 163-127.3(3) may be appealed as of right to the Court of Appeals by any of the following:
(1) The challenger.
(2) A candidate adversely affected by the panel’s decision.
Appeal must be taken within two business days after the panel files the written decision. The written appeal must be delivered or deposited in the mail to the Court of Appeals by the end of the second business day after the written decision was filed by the panel. (2006-155, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)