§ 163-41.2. Discharge of precinct official unlawful.
Overview of Statute
Section protects precinct officials in relation to their employment status of their respected employer.
Statute
(a) No employer may discharge or demote any employee because the employee has been appointed as a precinct official and is serving as a precinct official on election day or canvass day.
(b) An employee discharged or demoted in violation of this section shall be entitled to be reinstated to that employee’s former position. The burden of proof shall be upon the employee.
(c) The statute of limitations for actions under this section shall be one year pursuant to G.S. 1-54.
(d) This section does not apply unless the employee provides the employer with not less than 30 days written notice, before the date the leave is to begin, of the employee’s intention to take leave to serve as a precinct official.
(e) As used in this section, “precinct official” has the same meaning as in G.S. 163-41(a).
(2001-169, s. 1; 2017-6, s. 3; S.L. 2018-146, s. 3.1(a), (b).)
- Cross-References:
- Election Official
1. Definition for day
The term “day” means calendar day.
2. 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.
3. 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.