08 NCAC 02 .0113. NEW ELECTIONS ORDERED BY STATE BOARD OF ELECTIONS

(a)  Eligibility to vote in a new election shall be determined by the voter's eligibility and circumstances at the time of the new election.

(b)  Eligibility to register to vote and to vote in a new election shall be governed by G.S. 163-82.6.

(c)  The date of any new non-municipal election, in which absentee ballots are to be required or allowed, shall be set by the State Board no earlier than 75 days after the date of the order for a new election. In the case of a municipal election where absentee ballots are allowed, a new election shall not be set earlier than 55 days after the date of the order for a new election. This is required in order to provide sufficient time for absentee ballots to be prepared, printed and made available and for "one-stop" voting to be provided within the mandates set out in G.S. 163, Article 20.

(d)  The date of any new election ordered in a county covered by the preclearance requirements of Section 5 of the Voting Rights Act of 1965 shall be set no earlier than 75 days from the date of the new election order in order to prepare, submit, and obtain preclearance approval.

(e)  If a new primary is ordered by the State Board, no person who voted in the initial primary of one party shall be allowed to vote in the new primary of another party. County board documentation of the voter's participation in the initial primary shall be prima facie evidence sufficient to disallow the voter from participating in the primary of another party in the new election.

 

History Note:        Authority G.S. 163-22; 163- 182.13(c);

Temporary Adoption Eff. April 15, 2002;

Eff. August 1, 2004.