NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 408

HOUSE BILL 606

AN ACT TO AMEND CHAPTER 163 OF THE GENERAL STATUTES SO AS TO AUTHORIZE THE STATE BOARD OF ELECTIONS TO RENDER LEGAL ASSISTANCE TO COUNTY BOARDS OF ELECTIONS.

The General Assembly of North Carolina do enact:

Section 1.  Chapter 163 of the General Statutes of North Carolina is hereby amended by adding a new section to be designated G.S. 163-25 and to read as follows:

"G.S. 163-25 - Authority of State Board to assist in litigation. The State Board of Elections shall possess authority to assist any county board of elections in any matter in which litigation is contemplated or has been initiated provided, the county board of elections in such county, petitions, by majority resolution, for such assistance from the State Board of Elections and provided, further that the State Board of Elections determines, in its sole discretion by majority vote, to assist in any such matter. It is further stipulated that the State Board of Elections shall not be authorized under this provision to enter into any litigation in assistance to counties, except in those instances where the uniform administration of Chapter 163 of the General Statutes of North Carolina has been, or would be threatened.

The Attorney General shall provide the State Board of Elections with legal assistance in execution of its authority under this Act or, in his discretion, recommend that private counsel be employed."

Sec. 2.  Any and all local Acts which might be in conflict with this Section shall be exempt from the provisions hereof.

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 5th day of May, 1969.