CHAPTER 3 ‑ CHARGES AGAINST COUNTY ELECTION OFFICIALS

 

SECTION .0100 ‑ MEMBERS OF COUNTY BOARD OF ELECTIONS

 

 

08 NCAC 03 .0101             VOTER COMPLAINTS

Any elector desiring to prefer charges with the State Board of Elections against a member of any county board of elections may do so by filing with the board a statement, in writing, verified by the oath of the elector, which statement must contain:

(1)           the name and post office address of the official against whom the charges are preferred;

(2)           a brief, intelligent statement of the facts constituting the official misconduct alleged, with a reference to the date and place of such misconduct;

(3)           the names and addresses, so far as may be known to the persons filing the charges, of persons who have knowledge or information of the matters referred to in the charges as filed.

 

History Note:        Authority G.S. 163‑22;

Eff. March 12, 1976.

08 NCAC 03 .0102             CHARGES

If the charges thus filed show prima facie a violation of the election law, a breach of official duty, a participation in intentional irregularities, incapacity or incompetency to discharge the duties of the office, the State Board of Elections will cause notice thereof to be given to the official against whom the charges are preferred, by mail or by such other methods as the board may adopt, of such charges and name a day and place for the hearing thereof.

 

History Note:        Authority G.S. 163‑22;

Eff. March 12, 1976.

 

08 NCAC 03 .0103             HEARING

At such hearing the persons preferring such charges shall appear, and by affidavits, unless otherwise ordered or permitted by the board, present the evidence tending to support the charges.  Such affidavits must be served on the official against whom such charges have been filed, by the person filing the charges, at least three days before the time set for the hearing thereof.

 

History Note:        Authority G.S. 163‑22;

Eff. March 12, 1976.

 

08 NCAC 03 .0104             RIGHTS

The official against whom charges are preferred shall have the right to be heard by affidavit, or otherwise as the board may direct, in denial, rebuttal, explanation, or extenuation of the charges.

 

History Note:        Authority G.S. 163‑22;

Eff. March 12, 1976.

 

08 NCAC 03 .0105             SCOPE

The inquiry shall be confined to the charges as filed, but the board, as a matter of course, may of its own motion investigate any matter coming to its attention or notice as the result of hearing said charges.

 

History Note:        Authority G.S. 163‑22;

Eff. March 12, 1976.

 

08 NCAC 03 .0106             WITNESSES

Either party may make application to the chairman of the board for subpoenas for witnesses to be heard orally at such hearing; but such application, in addition to listing the names of the witnesses, shall contain a brief statement of what is expected to be proved by each witness and the reason for not obtaining the affidavit of such witness or witnesses.  If, upon such application for subpoenas, a majority of the board is of the opinion that the oral evidence of such witnesses will be helpful to the board, subpoena will be issued for the personal appearance of the witnesses, and if required by the subpoena, the witness shall produce such books, papers, or records as may be called for in said subpoena.

 

History Note:        Authority G.S. 163‑22;

Eff. March 12, 1976.

 

SECTION .0200 ‑ PRECINCT ELECTION OFFICIALS

 

08 NCAC 03 .0201             FILING CHARGES: ADOPTION OF PROCEDURES

Any elector may file with the chairman of any county board of elections charges against any precinct election official, appointed pursuant to G.S. 163‑41, and the county board of elections shall, in the hearing of such charges, adopt the same procedure as is prescribed in Section .0100 of this Chapter for hearing of charges filed with the State Board of Elections against a member of the county board of elections.

 

History Note:        Authority G.S. 163‑22;

Eff. March 12, 1976.

 

08 NCAC 03 .0202             HEARING DATE AND DISPOSITION

Upon the filing of such charges with the county board of elections, the chairman of such board shall forthwith set the date for the hearing of such charges and immediately transmit to the State Board of Elections a copy of such charges, advising this board of the date set for the hearing, and at once, after the hearing, advise the state board of disposition made by the county board of the charges thus heard.

From the decision of the county board the petitioning elector, or responding official, may appeal to the State Board of Elections, where the matter may be heard "de novo," or, in the judgment of the board may be dismissed, remanded to the county or heard on petition and affidavit by the State Board of Elections.

 

History Note:        Authority G.S. 163‑22;

Eff. March 12, 1976.

 

SECTION .0300 ‑ INVESTIGATION AND REPORTS OF CRIMINAL VIOLATION

 

08 NCAC 03 .0301             SUMMARY INVESTIGATION

The State Board of Elections may, whenever the circumstances of any matter pending before it may indicate the necessity therefor, suspend these rules and proceed in a summary manner or make any inquiry or investigation which in its judgment may be necessary or desirable for the prompt and efficient enforcement of the laws pertaining to elections, and the proper performance of their duties by election officials.

 

History Note:        Authority G.S. 163‑22;

Eff. March 12, 1976.

 

08 NCAC 03 .0302             REPORTS OF EVIDENCE OF CRIMINAL VIOLATION

The State Board of Elections and every county board of elections, upon the completion of any hearing with respect to the violation of the election laws, shall report in writing to the appropriate prosecuting officer a resume or summary of all evidence heard by such board which tends to show that any person or persons probably have been guilty of one or more violations of the election laws, the violation of which is made a crime by law.  A record shall be kept by such board of all such reports to such prosecuting officers.  Upon request by any prosecuting officer, the written evidence heard by either board shall be made available for his examination and official use.

 

History Note:        Authority G.S. 163‑22;

Eff. March 12, 1976.