NC General Statutes

N.C. Gen. Stat. § 163-23 (2026)

Powers of chair in execution of Board duties

✓ current as of July 2026
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In the performance of the duties enumerated in this Chapter, the Chair of the State Board shall have power to administer oaths, issue subpoenas, summon witnesses, and compel the production of papers, books, records, and other evidence. Upon the written request or requests of two or more members of the State Board, the Chair shall issue subpoenas for designated witnesses or identified papers, books, records, and other evidence. In the absence of the Chair or upon the Chair's refusal to act, any two members of the State Board may issue subpoenas, summon witnesses, and compel the production of papers, books, records, and other evidence. In the absence of the Chair or upon the Chair's refusal to act, any member of the State Board may administer oaths. (1901, c. 89, s. 7; Rev., s. 4302; C.S., s. 5923; 1933, c. 165, s. 1; 1945, c. 982; 1967, c. 775, s. 1; 1973, c. 793, s. 4; 2017-6, ss. 4(c), 7(d); 2018-146, ss. 3.1(a), (b), 3.2(c).)

 

Notes of Decisions
Cited in 6 cases, 2016–2020 · leading case: Cooper v. Berger, 809 S.E.2d 98 (N.C. 2018).
Cooper v. Berger, 809 S.E.2d 98 (N.C. 2018). · cites it 6× “A number of these statutory provisions, including those portions of N.C.G.S. § 163-23 requiring the Executive Director to notify candidates and treasurers of the dates by which certain reports must be filed, that required reports had not been filed in a timely manner, and that…”
North Carolina State Conf. of NAACP v. McCrory, 182 F. Supp. 3d 320 (M.D.N.C. 2016). “Under § 163-23 l(b)(2)b, absentee ballots are to be accepted so long as they are postmarked by Election Day and received by the CBOE no “later than three days after the election by 5:00 p.”
Wise v. North Carolina State Bd. of Election (E.D.N.C. 2020). “163-229(b) and G.S. 163-23 1(a), and provided all other requirements for absentee ballots are met, a voter’s returned absentee ballot shall be accepted and processed accordingly by the county board of elections if the voter marked the ballot in the presence of at least one…”
Moore v. Circosta (E.D.N.C. 2020). “163-229(b) and G.S. 163-23 1(a), and provided all other requirements for absentee ballots are met, a voter’s returned absentee ballot shall be accepted and processed accordingly by the county board of elections if the voter marked the ballot in the presence of at least one…”
Moore v. Circosta (M.D.N.C. 2020). “163-229(b) and G.S. 163-23 1(a), and provided all other requirements for absentee ballots are met, a voter’s returned absentee ballot shall be accepted and processed accordingly by the county board of elections if the voter marked the ballot in the presence of at least one…”
Wise v. North Carolina State Bd. of Elections (M.D.N.C. 2020). “163-229(b) and G.S. 163-23 1(a), and provided all other requirements for absentee ballots are met, a voter’s returned absentee ballot shall be accepted and processed accordingly by the county board of elections if the voter marked the ballot in the presence of at least one…”
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