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North Carolina > Elections And Election Laws > Absentee Voting (§ § 163-226 through 163-258.31) Uniform Military and Overseas Voters Act (§ § 163-258.1 through 163-258.25) Article 21A. Uniform Military and Overseas Voters Act (§ § 163-258.1 through 163-258.31)

§ 163-258.18. Issuance of injunction or other equitable relief.

Overview of Statute

Section authorizes relief to enforce compliance upon the Articles herein.

Statute

A court may issue an injunction or grant other equitable relief appropriate to ensure substantial compliance with, or enforce, this Article on application by:

(1) A covered voter alleging a grievance under this Article; or

(2) An election official in this State.

(2011-182, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Definition [Covered voter]

 “Covered voter” means any of the following:

          a. A uniformed-service voter or an overseas voter who is registered to vote in this State.

          b. A uniformed-service voter defined in subdivision (7) of this section whose voting residence is in this State and who otherwise satisfies this State’s voter eligibility requirements.
c. An overseas voter who, before leaving the United States, was last eligible to vote in this State and, except for a State residency requirement, otherwise satisfies this State’s voter eligibility
requirements.

          d. An overseas voter who, before leaving the United States, would have been last eligible to vote in this State had the voter then been of voting age and, except for a State residency requirement, otherwise satisfies this State’s voter eligibility requirements.

          e. An overseas voter who was born outside the United States, is not described in sub-subdivision c. or d. of this subdivision, and, except for a State residency requirement, otherwise satisfies this State’s voter eligibility requirements, if:

                    1. The last place where a parent or legal guardian of the voter was, or under this Part would have been, eligible to vote before leaving the United States is within this State; and

                    2. The voter has not previously registered to vote in any other state.

§ 163A-1336 (1). 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