120-10.1. Contesting a seat. Except as otherwise provided by rules of the house, a contest of the qualifications as a candidate or election of a member of the House of Representatives or the Senate under Article II, Section 20 of the Constitution shall be conducted in accordance with the provisions of this Article. (2005-3, s. […]
120-10.10. Jurisdiction. A contest of any election held at the same time and place as members of the General Assembly are elected shall be considered by the newly elected house. Any other contest shall be heard by the house sitting at the time of the election. (2005-3, s. 2.)
120-10.11. Judicial proceedings abated. Notwithstanding any other provision of law, upon the initiation of a contest under this Article, any judicial proceedings involving either the contestant or the contestee encompassing the issues set forth in the notice of intent or an answer thereto concerning the election that is the subject of the contest shall abate. […]
120-10.12. Determination of house not reviewable. The decision of one of the houses of the General Assembly in determining a contest pursuant to this Article may not be reviewed by the General Court of Justice. (2005-3, s. 2.)
120-10.13. Bad faith costs assessed. The prevailing party in any contest may recover that party’s costs incurred in conjunction with the contest in a civil action, upon a showing that the other party filed, pursued, maintained, or defended the contest in bad faith and without substantial justification. (2005-3, s. 2.)
120-10.14. Applicability. This Article applies only to a general or special election and does not apply to a primary or any other part of the nominating process. (2005-3, s. 2.)
120-10.2. Definitions. As used in this Article, the following terms mean: (1) Clerk. – The Principal Clerk of the house in which the election of the seat is being contested. (2) Committee. – The Committee on Rules of the appropriate house unless, by rule, the house has designated another committee to hear contests. (3) Contest. […]
120-10.3. Initiating a contest. (a) Who May Initiate. – A contest may be initiated only by a contestant by the filing of a written notice of the intent to petition for a contest in accordance with this section. (b) When May Initiate. – The notice of intent may be filed no earlier than the date […]
120-10.4. Answering a notice of intent. Within 10 days after service of the notice of intent on a contestee, a contestee shall file a written answer with the clerk. The contestee’s answer shall admit or deny the allegations on which the contestant relies, or state that the contestee has no knowledge or information concerning an […]
120-10.5. Filings and service. The notice of intent to contest shall be filed by the contestant with the clerk and copies thereof served by the contestant on the contestee as provided under Rule 4(j)(1) of the Rules of Civil Procedure. Proof of service shall be filed with the clerk in accordance with G.S. 1-75.10. The […]
120-10.6. Discovery. (a) Depositions. – After service of the notice of intent, any party, after five days notice to the other party or parties may take depositions to sustain or invalidate the election. The contestant shall complete the taking of depositions to submit with the contestant’s petition at any time within 20 days following the […]
120-10.7. Petitions. (a) Filing. – A written petition shall be filed by the contestant with the clerk within 40 days following the date of service of the notice of intent. The petition shall set forth the facts and arguments supporting the case of the contestant. A contestee may file a written reply to the petition […]
120-10.8. Referral to committee. (a) Referral. – The clerk shall refer the notice, answer, petition, reply, depositions, and affidavits to the committee, which documents shall constitute part of the record in the contest. The committee shall hear the contest and conduct such investigation as has been directed by resolution of its house. (b) Procedure. – […]
120-10.9. Basis for decision. (a) Eligibility and Qualification. – If the contest is as to the eligibility or qualifications of the contestee, the house shall determine if the contestee is eligible and qualified. If it determines that the contestee is not eligible or not qualified, it shall order a new election. (b) Conduct or Results […]
