2 November 2004 Results Contested
Protests filed because an electronic voting system failed to record 4,438 votes in Carteret County. Republican Steve Troxler leads Democrat Britt Cobb by 2,287 votes. History--

• December 2004: The State Board of Elections decided that voters in Carteret County whose ballots were lost due to a machine malfunction, as well as registered voters in the county who didn't vote in the general election voters should cast new ballots on 11 January. Both agriculture commissioner candidates opposed the 11 January election.
• 18 December 2004: Visiting Superior Court Judge Henry W. Hight Jr. determined that the election board's re-vote in Carteret County was illegal.
• 29 December 2004: The Elections board decides to hold a new statewide election.
• 13 January 2005: Superior Judge James Spencer canceled plans for a new statewide election and sent the contest back to the Elections Board for resolution stating that the board did not follow state law in calling the the election.
• 4 February 2005: The State Board of Elections certified Steve Troxler as the winner of the 2 November 2004 election after Democratic challenger, incumbent Britt Cobb, conceded defeat. The Troxler campaign had 1,412 affidavits (from voters whose ballots were lost) who said that they had voted for Mr. Troxler. Superior Judge James Spencer had suggested that the Elections Board could consider these affidavits as evidence. The Board did not officially address the affidavits.
• In February 2005, the State Supreme Court ruled that the the out-of-precinct ballot are illegal and should be thrown out.
• On 3 March, Governor Mike Easley signed a bill SESSION LAW 2005-2. SENATE BILL 133. "AN ACT to restate and reconfirm the intent of the general assembly with regard to provisional voting in 2004; and to seek the recommendations of the State board of elections on future administration of out‑of‑precinct provisional voting.") that said the disputed ballots are legal.
• On 10 March, Bill Fletcher filed a brief with the North Carolina Supreme Court asking them to review their decision in light of Senate Bill 133. Also on that date, Attorneys for June Atkinson filed a notice of intent to seek the legislature's intervention. Under the legislature, a 10 member panel is formed to hear the claims of the disputed election. Once the panel decides, the legislature meets in a joint session to choose a winner. A loser in the General Assembly vote cannot appeal to the courts.
• On 17 March 2005, Superior Court Judge Henry Hight, Jr. ruled that Senate Bill 133, passed this month by the state legislature, can be applied retroactively to the 2 November 2004 election. The U.S. Justice Department must sign off on the new election laws before the state legislature can consider the disputed election.
• On Monday 21 March, Bill Fletcher filed a motion in Wake County Superior Court, appealing the 17 March ruling.

Coverage from newsobserver.com.

Contested election of 2 November 2004 decided 23 August 2005
Democrat June Atkinson led Republican Bill Fletcher by 8,535 votes. The State Board of Elections convened in public session on Tuesday 30 November and unanimously certified Democrat June Atkinson as the winner. Republican Bill Fletcher appealed. On 18 December 2004 Visiting Superior Court Judge Henry W. Hight Jr. denied Mr. Fletcher's request to order the elections board to disregard 11,310 provisional ballots cast by voters who went to the wrong precincts.

• Mr. Fletcher obtained a court order barring the inauguration of June Atkinson.
• Circa 5 May 2005 the federal government approved a pair of new North Carolina laws allowing the General Assembly to select a winner in the election.
• The special 10 member legislative committee held a hearing on Thursday 14 July 2005. The session concluded issuing neither a recommendation nor a date to reconvene.
• On 10 August 2005 the legislative committee, consisting of 6 Democrats and 4 Republicans, voted by voice to recommended that the full legislature declare Democrat June Atkinson the winner.
• On Tuesday 23 August 2005 the legislature, in joint session, voted 93 for Democrat June Atkinson, 26 abstentions, 21 for Republican Bill Fletcher.

Interim Superintendents:

• Acting Public Instruction Superintendent Patricia Willoughby was appointed August 2004 and resigned June 2005.
• Deputy state superintendent Janice Davis was given temporary responsibilities as chief schools officer upon the resigation of Patricia Willoughby and served until June Atkinson was sworn.