§ 163-20. Meetings of State Board; quorum; minutes.
Overview of Statute
This section provides for the administrative procedures and requirements governing the State Board of Elections, including, meeting location, meeting operations, and record keeping.
Statute
(a) Place of Meeting. – Except as provided in subsection (b), below, the State Board shall meet in its offices in the City of Raleigh, or at another place in Raleigh to be designated by the chairman. However, subject to the limitation imposed by subsection (b), below, upon the prior written request of a majority of its members, the State Board shall meet at any other place in the State designated by a majority of its members.
(b) Meetings to Investigate Alleged Violations of This Chapter. – When called upon to investigate or hear sworn alleged violations of this Chapter, the State Board shall meet and hear the matter in the county in which the violations are alleged to have occurred.
(c) Minutes. – The State Board shall keep minutes recording all proceedings and findings at each of its meetings. The minutes shall be recorded in a book which shall be kept in the office of the State Board in Raleigh.
(1901, c. 89, s. 7; Rev., ss. 2760, 4301, 4302; C.S., ss. 5922, 5923; 1933, c. 165, s. 1; 1945, c. 982; 1967, c. 775, s. 1; 1973, c. 793, s. 3; c. 1223, s. 1; 2016-125, 4th Ex. Sess., s. 5(b); 2017-6, ss. 2, 3, 7(b); S.L. 2018-146, ss. 3.1(a), (b).)
- Cross-References:
- State Board of Elections
1. Definition for city
The term “city” means any incorporated city, town, or village.
2. 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.
3. 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.
4. 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.
5. 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.)
Cases
North Carolina Cases
Case Name: States’ Rights Democratic Party v. State Bd. of Elections
Citation: 49 S.E.2d 379
Year: 1948
Case PDF: States’ Rights Democratic Party v. North Carolina State Board of Elections
Case Summary: Law governing creation of new political parties is subject to restrictions that such rules must not conflict with any provisions of existing statutory law, even if such restriction is not specifically annexed by statute, as the constitution forbids the legislature to delegate power to make law to any other body. Specifically, the notice of and opportunity to petition for the creation of a new political party are necessary to meet the constitutional requirement of "due process of law." Here the State Board of Elections regulations, which require voters in support of a new political party to file an attachment which disclose the requisite number of signed supporters who have not voted in primary election(s) of any exiting party during the year in which the new political party petition is signed cannot be sustained merely as an administrative effectiveness measure on behalf of the State Board. The State Board of Elections has the authority to determine the registration for creation of a new political party by examination of registration books through the collection of the county boards as a matter of administrative routine before calling on signers to prove signature of the requisite number of qualified voters. However, the Supreme Court cannot determine whether primary election laws impose on qualified voters a moral obligation to such party and to therefore refrain from signing statutory petition for the creation of a its new political party during the year in which such elections are held. Thus, the statute providing for the creation of new political parties confers a legal right on any qualified voted the sight to sign such petition, irrespective of whether he/she has participated in the primary election of such existing political party during the same year in which the petition was signed. [Judicial Action] Where a petition for the creation of a new political party shows to have been signed by at least 10,000 voters and otherwise mets every statutory requirement, the Superior Court shall grant a writ of mandamus ordering the State Board of Elections to cause names of new party's nominees for President and Vice-President on the official ballot in the general election.
Out-of-State Cases
Federal Cases
Case Name: Republican Party of North Carolina v. Martin
Citation: 980 F.2d 943
Federal Circuit Court: 4th Circuit Court
Year: 1992
Case PDF: Republican Party of North Carolina v. Martin
Case Summary: Matter challenging the method of election North Carolina Superior Court judges. The action was dismissed as the county board of elections have no constitutional power to independently place candidate(s) on the ballot in elections, nor could the county boards remove candidate(s) as they were merely acting in ministerial capacity and could only carry out its enumerated duties. [Judicial Action] The action challenging a method of electing North Carolina Superior Court judges was dismissed against the county board of elections as the county boards have no power to independently place candidate(s) on an election ballot. Moreover, the county boards could not remove candidates from such ballot, as they merely function in ministerial capacity and could only carry out those duties as detailed by statute.