§ 120-2.4. Opportunity for General Assembly to remedy defects.

272 words·~1 min read·/nc/chapter-120/120-2-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)If the General Assembly enacts a plan apportioning or redistricting State legislative or congressional districts, in no event may a court impose its own substitute plan unless the court first gives the General Assembly a period of time to remedy any defects identified by the court in its findings of fact and conclusions of law. That period of time shall not be less than two weeks, provided, however, that if the General Assembly is scheduled to convene legislative session within 45 days of the date of the court order that period of time shall not be less than two weeks from the convening of that legislative session.

(a1)In the event the General Assembly does not act to remedy any identified defects to its plan within that period of time, the court may impose an interim districting plan for use in the next general election only, but that interim districting plan may differ from the districting plan enacted by the General Assembly only to the extent necessary to remedy any defects identified by the court.

(b)Notwithstanding any other provision of law or authority of the State Board of Elections under Chapter 163 of the General Statutes, the State Board of Elections shall have no authority to alter, amend, correct, impose, or substitute any plan apportioning or redistricting State legislative or congressional districts other than a plan imposed by a court under this section or a plan enacted by the General Assembly. (2003-434, 1st Ex. Sess., s. 9; 2016-125, 4th Ex. Sess., s. 20(a); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 4.7.)