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North Carolina Statutes § 163-182.4 Jurisdiction for certain ballot items

Up to Article 15A: Counting Ballots, Canvassing Votes, and Certifying Results in Precinct and County

Statute Text

Effective Until 1/1/2024

(a) Jurisdiction of County Board of Elections. - As used in this Part, the county board of elections shall have jurisdiction over the following:
(1) Offices of that county, including clerk of superior court and register of deeds.
(2) Membership in either house of the General Assembly from a district lying entirely within that county.
(3) Offices of municipalities, unless the municipality has a valid board of election.
(4) Referenda in which only residents of that county are eligible to vote.
(b) Jurisdiction of State Board of Elections. - As used in this Article, the State Board of Elections shall have jurisdiction over the following:
(1) National offices.
(2) State offices.
(3) District offices (including General Assembly seats) in which the district lies in more than one county.
(4) Superior court judge, district court judge, and district attorney, regardless of whether the district lies entirely in one county or in more than one county.
(5) Referenda in which residents of more than one county are eligible to vote.
(c) For the purposes of this Article, having jurisdiction shall mean that the appropriate board shall do all of the following with regard to the ballot item:
(1) Canvass for the entire electorate for the ballot item.
(2) Prepare abstracts or composite abstracts for the entire electorate for the ballot item.
(3) Issue certificates of nomination and election.

History

2001-398, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).

Effective Starting 1/1/2024

(a) Jurisdiction of County Board of Elections. - As used in this Part, the county board of elections shall have jurisdiction over the following:
(1) Offices of that county, including clerk of superior court and register of deeds.
(2) Membership in either house of the General Assembly from a district lying entirely within that county.
(3) Offices of [municipalities, unless the municipality has a valid board of election.] municipalities. Where voters in more than one county cast ballots for a municipal office, the State Board shall prepare a composite abstract upon the completion of the canvass by the county boards and deliver that abstract to all county boards responsible for canvassing votes for the contest, and each of those county boards shall issue a certificate of nomination or election.
(4) Referenda in which only residents of that county are eligible to vote.
(b) Jurisdiction of State Board of Elections. - As used in this Article, the State Board of Elections shall have jurisdiction over the following:
(1) National offices.
(2) State offices.
(3) District offices (including General Assembly seats) in which the district lies in more than one county.
(4) Superior court judge, district court judge, and district attorney, regardless of whether the district lies entirely in one county or in more than one county.
(5) Referenda in which residents of more than one county are eligible to vote.
(c) For the purposes of this Article, having jurisdiction shall mean that the appropriate board shall do all of the following with regard to the ballot item:
(1) Canvass for the entire electorate for the ballot item.
(2) Prepare abstracts or composite abstracts for the entire electorate for the ballot item.
(3) Issue certificates of nomination and election.

History

Amended by 2023 N.C. Sess. Laws 140 , s. 30 , eff. 1/1/2024 .

2001-398, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).

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