08 ncac 02 .0112             APPEAL TO THE STATE BOARD OF ELECTIONS

All appeals of a county board of election protest decision must use the following form:

 

APPEAL OF ELECTION PROTEST TO STATE BOARD OF ELECTIONS

(Use of this form is required by G. S. 163-182.11 (a))

 

A copy of this appeal must be given to the county board of elections within 24 hours (weekends and holidays excluded) after the county board files its written decision at its office. This same appeal must be filed with or mailed to the State Board of Elections by the end of the second day following the county board decision if the protest involves a first primary.  As to a protest of any other election, this appeal must be filed or deposited in the mail by the end of the fifth day following the county board decision.  See G.S. 163-182.11 (a).  A copy of the original election protest form with attachments must be filed with this appeal.  A copy of the county board decision must be filed with this appeal.  The county board will provide the record on appeal.  As many additional sheets as are necessary to answer the questions below may be attached, but they must be numbered.  Please print or type your answers. 

 

1.  Full name, mailing address, home and business phone, fax number, and e-mail address of undersigned.

________________________________________________________________________________________________

2.  Are you the person who filed the original protest, a candidate or office holder adversely affected by the county decision, or someone else whose interest has been adversely affected by the county decision?

________________________________________________________________________________________________

3.  State the date, place, kind of election, and results of the election protested (if different from the information on the election and its results as set out in the attached original protest form).

________________________________________________________________________________________________

4.  State the name, mailing address, home phone, and business phone of all candidates involved in the protested election.

________________________________________________________________________________________________

5.  State the date of the county board hearing_______________________________________________

6.  State the legal and factual basis for your appeal.

________________________________________________________________________________________________

7.  Is there any material submitted with this appeal that was not presented to and considered by the county board?  Is so, please identify and state why it was not presented to the county board.  Why do you think the State Board of Elections should consider it?

________________________________________________________________________________________________

8.  Normally the State Board will make its decision in an appeal based upon the record from the county board.  If you desire the record in this matter to be supplemented, additional evidence to be considered, or a completely new hearing, please state such desire and why it should be allowed in this appeal.  See G.S. 163-182.11 (b).

________________________________________________________________________________________________

9.  What relief do you seek?  Why?

________________________________________________________________________________________________

10.  Have you read and reviewed G.S. 163-182.11 through G.S. 163-182.14 and the current North Carolina State Board of Elections regulations on appeals of election protests?

11.  Besides a copy of the original protest and the county board decisions, this appeal includes___ pages of additional answers and__ pages of exhibits and documents not included in the original protest and decision. 

 

 

_______________________________                        ________________

Signature of Person Appealing                                          Date Appeal Signed

 

 

Date appeal received by State Board of Elections

_________________________________________

(To be entered by the State Board of Elections staff)

 

Send your appeal to, or it you have questions contact: North Carolina State Board of Elections, P.O. Box 27255, Raleigh, NC 27611-7255, (919) 733-7173.

 

History Note:        Authority G.S.163-22; 163-182.11;

Temporary Adoption Eff. April 15, 2002;

Eff. August 1, 2004.