§ 163-182.15. Certificate of nomination or election, or certificate of the results of a referendum.
§ 163‑182.15. Certificate of nomination or election, or certificate of the results of areferendum.
(a) Issued by CountyBoard of Elections. In ballot items within the jurisdiction of the countyboard of elections, the county board shall issue a certificate of nomination orelection, or a certificate of the results of the referendum, as appropriate.The certificate shall be issued by the county board six days after thecompletion of the canvass pursuant to G.S. 163‑182.5, unless there is anelection protest pending. If there is an election protest, the certificate ofnomination or election or the certificate of the result of the referendum shallbe issued in one of the following ways, as appropriate:
(1) The certificateshall be issued five days after the protest is dismissed or denied by thecounty board of elections, unless that decision has been appealed to the StateBoard of Elections.
(2) The certificateshall be issued on the tenth day after the final decision of the State Board,unless the State Board has ordered a new election or the issuance of thecertificate is stayed by the Superior Court of Wake County pursuant to G.S. 163‑182.14.
(3) If the decision ofthe State Board has been appealed to the Superior Court of Wake County and thecourt has stayed the certification, the certificate shall be issued five daysafter the entry of a final order in the case in the Superior Court of WakeCounty, unless that court or an appellate court orders otherwise.
(4) No certificate ofelection need be issued for any member of the General Assembly following acontest of the election pursuant to Article 3 of Chapter 120.
(b) Issued by StateBoard of Elections. In ballot items within the jurisdiction of the StateBoard of Elections, the State Board of Elections shall issue a certificate ofnomination or election, or a certificate of the results of the referendum, asappropriate. The certificate shall be issued by the State Board six days afterthe completion of the canvass pursuant to G.S. 163‑182.5, unless there isan election protest pending. If there is an election protest, the certificateof nomination or election or the certificate of the result of the referendumshall be issued in one of the following ways, as appropriate:
(1) The certificateshall be issued 10 days after the final decision of the State Board on theelection protest, unless the State Board has ordered a new election or theissuance of the certificate is stayed by the Superior Court of Wake Countypursuant to G.S. 163‑182.14.
(2) If the decision ofthe State Board has been appealed to the Superior Court of Wake County and thecourt has stayed the certification, the certificate shall be issued five daysafter the entry of a final order in the case in the Superior Court of WakeCounty, unless that court or an appellate court orders otherwise.
(3) The certificateshall be issued immediately upon the filing of a copy of the determination ofthe General Assembly with the State Board of Elections in contested electionsinvolving any elective office established by Article III of the Constitution.
(4) No certificate ofelection need be issued for any member of the General Assembly following acontest of the election pursuant to Article 3 of Chapter 120.
(c) Copy to Secretaryof State. The State Board of Elections shall provide to the Secretary ofState a copy of each certificate of nomination or election, or certificate ofthe results of a referendum, issued by it. The Secretary shall keep thecertificates in a form readily accessible and useful to the public.
(d) DeterminingResults. In a primary for party nomination, the results shall be determinedin accordance with G.S. 163‑111. In a general election, the individualshaving the highest number of votes for each office shall be declared elected tothe office, and the certificate shall be issued accordingly. In a referendum,the ballot proposal receiving the highest number of votes shall be declared tohave prevailed, and the certificate shall be issued accordingly. (2001‑398, s. 3; 2003‑278,s. 10(k); 2005‑3, s. 5; 2005‑428, s. 13; 2007‑391, s. 11;2007‑484, s. 22; 2008‑187, s. 33(a).)