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ABC ELECTIONS

This document provides detailed information on the procedures and guidelines for ABC elections, including the importance of following statutes, the process for petitions, and the rules for reversing previously approved ABC actions. It also covers the timing of subsequent elections, special election statutes, and the role of the County Board of Elections. Contact information for the ABC Commission and campaign finance regulations are included as well.

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ABC ELECTIONS

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  1. ABC ELECTIONS DON WRIGHT GENERAL COUNSEL SBOE JUNE, 2005

  2. G.S. 18B 600-605 • Follow the statutes EXACTLY. Ballots need to reflect the wording in the statute. • YES, dates of ABC elections do need to be precleared under Section Five if you are a preclearance county. 28 CFR 51.21 • As to petitions, refer to the SBOE website • Striking through, white-out or any marking on the petition that changes the wording in the heading voids that petition

  3. REVERSE ELECTIONS ARE ALLOWED • Petitions can be used to call for ABC elections to disallow previously approved ABC actions….. If previously approved ABC propositions are reversed by elections, the new prohibition goes into effect 90 days after the certification of the election Like……voting to disallow on-premises beer sales after they were approved five years ago.

  4. It is important to keep good records of your ABC Elections • Timing of subsequent elections on the same ABC issue can not be held within three years of an ABC election where that issue was voted upon. • Certain ABC elections on a municipal or less than county-wide basis can not be held without there having been previous county ABC elections (18B-600)

  5. ABC ELECTIONS ARE SPECIAL ELECTIONS • Special elections statutes apply with certain exceptions. • No ABC elections held on the even year November general election day (18B-601(f)) • If a county or city that has authorized absentee voting is involved in the ABC election, absentee voting is allowed.

  6. THE COUNTY BOARD OF ELECTIONS IS NOT RESPONSIBLE IN DETERMING WHETHER A PARTICULIAR TYPE OF ABC ELECTION IS LEGALLY AUTHORIZED OR NOT.

  7. THAT RESPONSIBILITY LIES WITH THE ABC COMMISSION • Contact Permit Director of the ABC Commission, Ann Johnson, at Phone (919) 779-0700, extension 241 Fax (919) 662-3583 E-mail johnsona@ncabc.com Mail and Location 3322 Garner Road Raleigh, N.C. 27610-5631

  8. Campaign Finance • ABC elections and bond elections are considered referendum so the restriction as to not allowing business entities to contribute do not apply • Referendum committees still have to organize (use the CRO-2100E Form), file, and report

  9. For Efficient Government • Send to the State ABC Commission copy of the certified abstracts of all ABC elections and the ABC ballot used in the election • Copy any local ABC County Board • Information about the current areas of legal sales and permit holders is available at www.ncabc.com NOT SURE ABOUT AN ABC ELECTION MATTER? CALL US

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