Opinion

Batdorff v. North Carolina State Board of Elections

  • 150 N.C. App. 108
  • 563 S.E.2d 43
  • 2002 N.C. App. LEXIS 408
Court
Court of Appeals of North Carolina
Filed
May 7, 2002
Status
Published
Author
Walker
On the bench
John, McGee, Walker
Cited by
0 cases

The opinion

WALKER, Judge,

concurring.

I concur with the majority opinion and write separately to express my concern with the Board’s decision wherein it recites, “After consideration of the printed and oral information provided, the Chairman stated that the information was not sufficient evidence of violations of election laws to justify the request for a hearing . . . .” The statutes do not confer upon the Chairman the authority to make this determination. However, it is clear from the decision that this matter was properly passed on by the Board who unanimously agreed with the Chairman.

Finally, I disagree with the statement in the majority opinion that “[t]he Board of Elections therefore, in effect, determined that the reports filed by Citizens for Truth were full, complete and accurate.” It appears from the Board’s decision that it merely found there was not sufficient evidence of election law violations to warrant further investigation and hearing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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