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North Carolina > Elections And Election Laws > Election Officers (§ § 163-19 through 163-41) Article 4A Political Activities by Board of Elections Members and Employees (§ § 163-38 through 163-41)

§ 163-40. Violation may be ground for removal.

Overview of Statute

This section provides for punitive measures taken against members of the State Board of Elections for violation of the Article herein.


A violation of this Part may be a ground to remove a State Board member under G.S. 143B-16 or a county board of elections member under G.S. 163-22(c). A violation of this Part may be a ground for dismissal of an employee of the State Board or of a county board of elections. No criminal penalty shall be imposed for a violation of this Part.

(2000-114, s. 1; 2007-391, s. 14(a); 2011-31, s. 18; 2017-6, s. 3; S.L. 2018-146, s. 3.1(a), (b).)

Definition [board]

The term “board” means the State Board with respect to all candidates for State, legislative, and judicial offices and the county board of elections with respect to all candidates for county and municipal offices. The term means the State Board with respect to all statewide referenda and the county board of elections conducting all local referenda.

§ 163A-1411 (3). Definitions.





Definition [Board]

Board. – Any State board, commission, council, committee, task force,
authority, or similar public body, however denominated, created by statute or
executive order, as determined and designated by the State Board, except for
those public bodies that have only advisory authority.

§ 163A-152 (3). Definitions

Definition [State]

“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

§ 163A-1336 (5). Definitions.

Definition [election]

The term “election” means any general or special election, a first or second primary, a run-off election, or an election to fill a vacancy. The term “election” shall not include any local or statewide referendum.

§ 163A-1411 (30). Definitions.

Definition [Election]

“Election” means the event in which voters cast votes in ballot items concerning proposals or candidates for office in this State or the United States. The term includes primaries, general elections, referenda, and special elections.

§ 163A-1095 (4). Definition