Tucker v. State Board of Alcoholic Control

There is no inherent power in any governmental body to hold an election for any purpose. In consequence, an election held without affirmative constitutional or statutory authority is a nullity, no matter how fairly and honestly it may be conducted. Corey v. Hardison, 236 N.C. 147, 72 S.E. 2d 416; Rodwell v. Harrison, 132 N.C. 45, 43 S.E. 540; Van Amringe v. Taylor, 108 N.C. 196, 12 S.E. 1005, 12 L.R.A. 202, 23 Am. S. R. 51; 18 Am. Jur., Elections, Section 100; 29 C.J.S., Elections, Section 66.

In the very nature of things, the result of the local option election held in Cabarrus County on 21…