Voter Registration Challenges

Under North Carolina General Statutes, any registered voter in a county can challenge the right of any other registered voter in the same county to remain on the voter registration rolls.

The county board of elections is obligated to process all such challenges prior to the next election. Hearing the challenge is a two step process: 1) a preliminary hearing to determine whether probable cause exists that the challenged voter should not be registered; 2) a formal hearing by the board of elections sitting as a quasi-judicial body and providing all of the protections of due process normally provided by a court.

The county board will require the advice of an attorney representing the county during the hearings, and will also require the services of a court reporter. Should there be an appeal from the Board's decision(s), the appeal will go to Superior Court and will require a transcript of the proceedings.

This is uncharted territory for Pamlico County.

The most recent comparable experience in North Carolina is Brunswick County. Following last year's municipal elections, the defeated candidate for mayor of Bald Head Island filed 39 challenges against the town's registered voters.

Of the 39 challenged voters, the Brunswick County Board of Elections failed to find probable cause in eight cases. The challenger appealed to Superior Court, but after discussion, agreed to drop five of the eight challenges. Superior Court returned two cases to the County Board and the Board found in favor of the challenged voters. Superior Court has ordered the Board of Elections to hear the one remaining case.

We have to anticipate and budget for a similar process.