§ 163-27.1. Emergency powers.

327 words·~1 min read·/nc/chapter-163/163-27-1

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

(a)The State Board, in an open meeting, may exercise emergency powers to conduct an election in a district where the normal schedule for the election is disrupted by any of the following:

(1)A natural disaster.

(2)Extremely inclement weather.

(3)An armed conflict involving Armed Forces of the United States, or mobilization of those forces, including North Carolina National Guard and reserve components of the Armed Forces of the United States.

In exercising those emergency powers, the State Board shall avoid unnecessary conflict with the provisions of this Chapter. The State Board shall adopt rules describing the emergency powers and the situations in which the emergency powers will be exercised.

(b)Nothing in this Chapter shall grant authority to the State Board 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 G.S. 120-2.4 or a plan enacted by the General Assembly.

(c)Nothing in this Chapter shall grant authority to the State Board to alter, amend, correct, impose, or substitute any plan apportioning or redistricting districts for a unit of local government other than a plan imposed by a court, a plan enacted by the General Assembly, or a plan adopted by the appropriate unit of local government under statutory or local act authority.

(d)Under no circumstances shall the State Board have the authority to do any of the following:

(1)Deliver absentee ballots to an eligible voter who did not submit a valid written request form for absentee ballots as provided in G.S. 163-230.1 and G.S. 163-230.2.

(2)Order an election to be conducted using all mail-in absentee ballots.

(3)Delegate its authority under this section to the Executive Director or any other individual. (1999-455, s. 23; 2001-319, s. 11; 2011-183, s. 110; 2016-125, 4th Ex. Sess., s. 20(d); 2017-6, s. 3; 2018-146, s. 3.1(a), (b); 2020-17, s. 6; 2023-139, s. 3.1.)