In North Carolina, candidates or eligible voters can bring a protest to challenge the results of an election. N.C. Gen. Stat. § 163-182.9(a). The protest must allege irregularities or misconduct that would have affected the outcome of the election. N.C. Gen. Stat. § 163-182.9(b). The County Board of Elections will hold a hearing, make findings of fact and conclusions of law, and issue an order as to its findings or send it to the State Board of Elections if it can’t make a determination. N.C. Gen. Stat. § 163-182.10(a)-(d). A protest that successfully establishes this can result in a correction of results, a recount, or an election do-over.
On the other hand, contests involving the elections of members to the General Assembly and statewide office are typically initiated at the General Assembly, but may also start off as a protest and be appealed to the legislature for consideration by a losing candidate. N.C. Gen. Stat. § 163-182.14(c). [1] Here the final determination is made by the one or both chambers of the General Assembly. This determination is not reviewable by courts.
Elections of all offices may be protested by a losing candidate or eligible person to the County Board of Elections. N.C. Gen. Stat. § 163-182.9(a).
A losing candidate or a registered voter who was eligible to vote in the election in question may file an election protest with the County Board of Elections. N.C. Gen. Stat. § 163-182.9(a).
The protest must be in writing and signed by the protester. The protest must include the protester's personal information, the alleged issue (e.g. an issue with the manner in which votes were counted or some other irregularity), and requested remedy. N.C. Gen. Stat. § 163-182.9(b). ****Submitting fraudulent or falsely completed declarations as part of an election protest is a class I felony. 8 N.C.A.C. 2.0111.
Protests concerning the method in which votes were counted must be filed before the beginning of the County Board of Elections’ canvass meeting. N.C. Gen. Stat. § 163-182.9(b)(4)(a). If this protest states good cause for a delay in filing, then it may be filed by 5 p.m. on the second business day after the completion of county canvass and certification. N.C. Gen. Stat. § 163-182.9(b)(4)(b).
Protests concerning an election irregularity must be filed no later than 5 p.m. on the second business day after the completion of county canvass and certification. N.C. Gen. Stat. § 163-182.9(b)(4)(c).
Protests filed before Election Day would result in suspended proceedings until after Election Day if ballots have been printed, the voter registration deadline has been passed, or any proceeding would occur 30 days before the election. N.C. Gen. Stat. § 163-182.9(b)(4)(d).
As soon as possible after the protest is filed, the County Board of Elections meets to determine whether the protest complies with statute and to determine whether there is probable cause. N.C. Gen. Stat. § 163-182.10(a)(1). If either is not met, then the County Board of Elections will dismiss the protest and notify both the protester and the State Board of Elections. N.C. Gen. Stat. §§ 163-182.10(a)(1), (b); 8 N.C.A.C. 2.0114(a). The protester may file an amended protest or appeal the decision to the State Board. N.C. Gen. Stat. § 163-182.10(a)(1). However, if the protest complies with statute and there is probable cause, the County Board of Elections will give notice of a hearing. N.C. Gen. Stat. § 163-182.10(a)(1).
The County Elections Director may review the allegations and evidence and recommend administrative dismissal if the Elections Director finds there is a defect in the petition. “Election Protest Procedures Guide” at 4. If, after two calendar days, a member of the County Board of Elections or the State Board of Elections does not raise any oral or written objections to the recommendation, then the protest will be dismissed. “Election Protest Procedures Guide” at 4. Administrative dismissals are appealable to the Executive Director of the State Board of Elections. 8 N.C.A.C. 2.0114(c).