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IN RE JUDICIAL REVIEW BY REPUBLICAN, ETC.

No. 7910SC873.

264 S.E.2d 338 (1980)

45 N.C. App. 556

In re Appeal of and Petition for JUDICIAL REVIEW BY REPUBLICAN CANDIDATES FOR ELECTION IN CLAY COUNTY, North Carolina, of the Decisions and Orders of the North Carolina State Board of Elections. In re CLAY COUNTY GENERAL ELECTION, NOVEMBER 7, 1978 for County Elective Offices.

Court of Appeals of North Carolina.

March 18, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by James Wallace, Jr., Deputy Atty. Gen. for Legal Affairs, Raleigh, for the State Bd. of Elections, appellee.

Long, McClure, Parker, Hunt & Trull by Robert B. Long, Jr., Asheville, for petitioners-appellants.

MORRIS, Chief Judge.

Petitioners first contend that the State Board of Elections was without jurisdiction and authority to declare portions of the Clay County General Election void and order a new election for some of the offices on its own motion without an election contest having been filed with it. The record does not indicate that any challenge or complaint had been lodged with the County Board of Elections pursuant to the provisions of 8 N.C.A.C. 2 et seq...

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