NC General Statutes

N.C. Gen. Stat. § 163-90.2 (2026)

Action when challenge sustained, overruled, or dismissed

✓ current as of July 2026

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(a) When any challenge is sustained for any cause listed under G.S. 163-85(c), the board shall cancel or correct the voter registration of the voter. The board shall maintain such record for at least six months and during the pendency of any appeal. The challenged ballot shall be counted for any ballot items for which the challenged voter is eligible to vote, as if it were a provisional official ballot under the provisions of G.S. 163-166.11(4).

(b) When any challenge made under G.S. 163-85 is overruled or dismissed, the board shall erase the word "challenged" which appears on the person's registration records.

(c) A decision by a county board of elections on any challenge made under the provisions of this Article shall be appealable to the Superior Court of the county in which the offices of that board are located within 10 days. If the appeal is made by the State Board, that appeal shall be to the Superior Court of the county in which the challenge originated. Only those persons against whom a challenge is sustained or persons who have made a challenge which is overruled shall have standing to file such appeal. (1979, c. 357, s. 4; 1987 (Reg. Sess., 1988), c. 1028, s. 11; 2006-262, s. 3(b); 2017-6, s. 3; 2018-146, s. 31(a), (b); 2023-140, s. 16.)

Notes of Decisions

Cited in 3 cases, 1994–2017 · leading case: Knight v. Higgs, 659 S.E.2d 742 (N.C. Ct. App. 2008).

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Knight v. Higgs, 659 S.E.2d 742 (N.C. Ct. App. 2008). · cites it 2× “Appeal of the Board’s Decision Judicial review of the decision of a local Board of Elections to remove a voter’s name from the County registration rolls is permitted by N.C. Gen. Stat. § 163-90.2 (d). In reviewing the decision by a board sitting as a quasi-judicial body, the…”

N.C. State Conf. of the NAACP v. N.C. State Bd. of Elections, 283 F. Supp. 3d 393 (M.D.N.C. 2017). · cites it 3× “at 6 (citing N.C. Gen. Stat. § 163-90.2 (d) )); (2) "the underlying events on which Plaintiffs' claims rely involved actions at the county-level and hearings held by the County *409 [Boards]," ( id.”

Farnsworth v. Jones, 441 S.E.2d 597 (N.C. Ct. App. 1994). · cites it 2× “Plaintiff filed a notice of appeal to the Gaston County Superior Court on 8 July 1992 pursuant to N.C. Gen. Stat. § 163-90.2 (d) (1991). On 7 July 1992, the Gastonia City Council permitted Mr.”

— N.C. Gen. Stat. § 163-90.2(d) — 1 case

N.C. State Conf. of the NAACP v. N.C. State Bd. of Elections, 283 F. Supp. 3d 393 (M.D.N.C. 2017). “at 6 (citing N.C. Gen. Stat. § 163-90.2 (d) )); (2) "the underlying events on which Plaintiffs' claims rely involved actions at the county-level and hearings held by the County *409 [Boards]," ( id.”

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