Overview

The Attorney General is the head of the North Carolina Department of Justice and can take legal action for the state of North Carolina. “About DOJ.” Their primary responsibilities in election administration involve providing legal support.

Election-Related Duties

The election-related key duties of the Attorney General are:

1. “Advis[ing and aid[ing] in the preparation” of all election-related forms — if asked by the State Board of Elections. N.C. Gen. Stat. § 163‑22(e).
2. Providing legal assistance to the State Board of Elections. N.C. Gen. Stat. § 163‑25(b).
3. Investigating fraud or irregularities referred by the State Board of Elections. N.C. Gen. Stat. § 163‑22(d).

Selection and Vacancy Information

• **Elected: ****The Attorney General is elected by a statewide vote every four years. N.C. Const. Art. III § 7(1).
• Tiebreaking: If more than 5,000 votes were cast in the election then the tie is broken by a runoff. N.C. Gen. Stat. § 163‑182.8(1). If there were fewer than 5,000 votes cast then the tie is decided randomly by the State Board of Elections. N.C. Gen. Stat. § 163‑182.8(2).
• Term of Office: The term of office is four years, and there are no term limits. N.C. Const. Art. III § 7(1).
• Next Election: The next election is on November 5, 2024. N.C. Const. Art. III § 7(1).
• Qualifications: The Attorney General must be 21 years of age, an eligible North Carolina voter, and licensed to practice law in North Carolina. N.C. Const. Art. VI § 6; “General Candidate Requirements.”
• Vacancy: Vacancies are filled by the Governor, until the next General Assembly election that occurs more than 60 days following the vacancy. N.C. Const. Art. III § 7(3).