§ 163-22.2. Power of State Board to promulgate temporary rules and regulations.
Overview of Statute
Section authorizes the State Board of Elections to make reasonable interim rules and regulations with respect to a pending election when any portion of this Chapter is held unconstitutional or invalid by a State or federal court or is unenforceable because of objection interposed under the Voting Rights Act.
Statute
In the event any portion of this Subchapter or any State election law or form of election of any county board of commissioners, local board of education, or city officer is held unconstitutional or invalid by a State or federal court or is unenforceable because of objection interposed by the United States Justice Department under the Voting Rights Act of 1965 and such ruling adversely affects the conduct and holding of any pending primary or election, the State Board shall have authority to make reasonable interim rules and regulations with respect to the pending primary or election as it deems advisable so long as they do not conflict with any provisions of this Subchapter and such rules and regulations shall become null and void 60 days after the convening of the next regular session of the General Assembly. The State Board shall also be authorized, upon recommendation of the Attorney General, to enter into agreement with the courts in lieu of protracted litigation until such time as the General Assembly convenes. (1981, c. 741; 1982, 2nd Ex. Sess., c. 3, s. 19.1; c. 1265, ss. 1, 2; 1985, c. 563, s. 15; 1986, Ex. Sess., c. 3, s. 1; 2017-6, s. 3; S.L. 2018-146, ss. 3.1(a), (b).)
- Cross-References:
- Primary Election
1. Definition for United States
“United States,” used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
2. Definition for regular session
The General Assembly is in “regular session” from the date set by law or resolution that the General Assembly convenes until the General Assembly either adjourns sine die or recesses or adjourns for more than 10 days.
§ 163A-1426. Limitation on fund-raising during legislative session. (a) Definitions (3)
3. Definition for day
The term “day” means calendar day.
4. Definition for city
The term “city” means any incorporated city, town, or village.
5. Definition for 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.
6. Definition for 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.
7. Definition for 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.
8. Definition for Office
(4) Office. – The elected office for which the candidate has filed or petitioned.
(2006-155, s. 1; 2006-259, s. 48(a); 2017-6, s. 3.)
9. Definition for 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.
10. Definition for 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.
Cases
North Carolina Cases
Case Name: Newsome v. North Carolina State Bd. of Elections
Citation: 415 S.E.2d 201
Year: 1992
Case PDF: NewsomevStateBoard
Case Summary: Any and all remedial statute(s) shall be construed liberally in light of evil sought to be eliminated, remedies intended to be applied, and the legislative intent. Furthermore the State Board of Elections is exempted from the rule making procedures of the Administrative Procedure Act (APA) as it states that the APA applies to every agency except to the extent and in the particulars that any statute makes specific provisions to the contrary. In response to improper submission to the U.S. Attorney General for pre-clearance of special election to incorporate a town was sufficient to authorize the State Board of Elections to proceed under statute granting authority to make reasonable interim rules and regulations with respect to pending primary or other election when objection(s) are interposed by the Justice Department pursuant to the Voting Rights Act.