§ 120-10.9. Basis for decision.
§ 120‑10.9. Basis fordecision.
(a) Eligibility andQualification. If the contest is as to the eligibility or qualifications ofthe contestee, the house shall determine if the contestee is eligible andqualified. If it determines that the contestee is not eligible or notqualified, it shall order a new election.
(b) Conduct or Resultsof Election. If the contest is as to the conduct or results of the election,the house shall determine which candidate received the highest number of votes.If it can determine which candidate received the highest number of votes, itshall seat that person as a member of the house. If it cannot determine whichcandidate received the highest number of votes, it may order a new election, ormay order such other relief, as may be necessary and proper. If it determinesthat two or more candidates shall be equal and highest in votes, the provisionsof G.S. 163‑182.8 shall apply. (2005‑3, s. 2.)