North Carolina General Statutes 163-90.2. Action when challenge sustained, overruled, or dismissed
Terms Used In North Carolina General Statutes 163-90.2
- 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.
(a) When any challenge is sustained for any cause listed under N.C. Gen. Stat. § 163-85(c), the board shall cancel or correct the voter registration of the voter. The board shall maintain such record for at least six months and during the pendency of any appeal. The challenged ballot shall be counted for any ballot items for which the challenged voter is eligible to vote, as if it were a provisional official ballot under the provisions of N.C. Gen. Stat. § 163-166.11(4).
(b) When any challenge made under N.C. Gen. Stat. § 163-85 is overruled or dismissed, the board shall erase the word “challenged” which appears on the person’s registration records.
(c) A decision by a county board of elections on any challenge made under the provisions of this Article shall be appealable to the Superior Court of the county in which the offices of that board are located within 10 days. Only those persons against whom a challenge is sustained or persons who have made a challenge which is overruled shall have standing to file such appeal. (1979, c. 357, s. 4; 1987 (Reg. Sess., 1988), c. 1028, s. 11; 2006-262, s. 3(b); 2017-6, s. 3; 2018-146, s. 31(a), (b).)