North Carolina Statutes § 163-25 Authority of State Board to assist in litigation
Statute Text
Effective Until 1/1/2024
The State Board of Elections shall possess authority to assist any county board of elections in any matter in which litigation is contemplated or has been initiated, provided, the county board of elections in such county petitions, by majority resolution, for such assistance from the State Board of Elections and, provided further, that the State Board of Elections determines, in its sole discretion by majority vote, to assist in any such matter. It is further stipulated that the State Board of Elections shall not be authorized under this provision to enter into any litigation in assistance to counties, except in those instances where the uniform administration of this Chapter has been, or would be threatened.
The Attorney General shall provide the State Board of Elections with legal assistance in execution of its authority under this section or, in the Attorney General's discretion, recommend that private counsel be employed.
If the Attorney General recommends employment of private counsel, the State Board may employ counsel with the approval of the Governor.
History
1969, c. 408, s. 1; 1973, c. 793, s. 6; 1983, c. 324, s. 2; 2011-31, s. 16; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).
Effective Starting 1/1/2024
(a)
The State Board
[of Elections]
shall possess authority to assist any county board of elections in any matter in which litigation is contemplated or has been initiated, provided, the county board of elections in such county petitions, by majority resolution, for such assistance from the State Board
[of Elections]
and, provided further, that the State Board
[of Elections]
determines, in its sole discretion by majority vote, to assist in any such matter. It is further stipulated that the State Board
[of Elections]
shall not be authorized under this provision to enter into any litigation in assistance to counties, except in those instances where the uniform administration of this Chapter has been, or would be threatened.
(b)
The Attorney General shall provide the State Board
[of Elections]
with legal assistance in execution of its authority under this section or, in the Attorney General's discretion, recommend that private counsel be employed.
(c)
If the Attorney General recommends employment of private counsel, the State Board may employ counsel with the approval of the
[Governor.]
General Assembly.
History
Amended by 2023 N.C. Sess. Laws 139 , s. 2.4 , eff. 1/1/2024 .
1969, c. 408, s. 1; 1973, c. 793, s. 6; 1983, c. 324, s. 2; 2011-31, s. 16; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).
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