163-182. Definitions. In addition to the definitions stated below, the definitions set forth in Article 14A of this Chapter also apply to this Article. As used in this Article, the following definitions apply: (1) "Abstract" means a document signed by the members of the board of elections showing the votes for each candidate and ballot […]
163-182.1. Principles and rules for counting official ballots. (a) General Principles That Shall Apply. – The following general principles shall apply in the counting of official ballots, whether the initial count or any recount: (1) Only official ballots shall be counted. (2) No official ballot shall be rejected because of technical errors in marking it, […]
163-182.10. Consideration of protest by county board of elections. (a) Preliminary Consideration. – The following principles shall apply to the initial consideration of election protests by the county board of elections: (1) The county board shall, as soon as possible after the protest is filed, meet to determine whether the protest substantially complies with G.S. […]
163-182.11. Appeal of a protest decision by the county board to the State Board of Elections. (a) Notice and Perfection of Appeal. – The decision by the county board of elections on an election protest may be appealed to the State Board of Elections by any of the following: (1) The person who filed the […]
163-182.12. Authority of State Board of Elections over protests. The State Board of Elections may consider protests that were not filed in compliance with G.S. 163-182.9, may initiate and consider complaints on its own motion, may intervene and take jurisdiction over protests pending before a county board, and may take any other action necessary to […]
163-182.12A. Post-election audits. After conducting a post-election audit, the State Board shall produce a report which summarizes the audit, including the rationale for and the findings of the audit. The report shall be submitted to the Joint Legislative Elections Oversight Committee and the Joint Legislative Oversight Committee on General Government within 10 business days of […]
163-182.13. New elections. (a) When State Board May Order New Election. – The State Board of Elections may order a new election, upon agreement of at least four of its members, in the case of any one or more of the following: (1) Ineligible voters sufficient in number to change the outcome of the election […]
163-182.13A. Contested elections for Council of State offices. (a) Application of Procedures. – A contested election for any elective office established by Article III of the Constitution shall be determined by joint ballot of both houses of the General Assembly under Article VI, Section 5 of the Constitution in accordance with the provisions of this […]
163-182.14. Appeal of a final decision to superior court; appeal to the General Assembly or a house thereof. (a) Final Decision. – A copy of the final decision of the State Board of Elections on an election protest shall be served on the parties personally or through delivery by U.S. mail or a designated delivery […]
163-182.15. Certificate of nomination or election, or certificate of the results of a referendum. (a) Issued by County Board of Elections. – In ballot items within the jurisdiction of the county board of elections, the county board shall issue a certificate of nomination or election, or a certificate of the results of the referendum, as […]
163-182.16. Governor to issue commissions for certain offices. The Secretary of State shall send a notice to the Governor that a certificate of election has been issued for any of the following offices, and upon receiving the notice, the Governor shall provide to each such elected official a commission attesting to that person’s election or […]
163-182.17. Summary of officials’ duties under this Article. (a) This Section a Summary. – The provisions of this section provide a nonexclusive summary of the duties given to officials under this Article. The legal duty is contained, not in this section, but in the other sections of this Article. (b) Duties of the Precinct Officials. […]
163-182.2. Initial counting of official ballots. (a) The initial counting of official ballots shall be conducted according to the following principles: (1) Vote counting at the precinct shall occur immediately after the polls close and shall be continuous until completed. (2) Vote counting at the precinct shall be conducted with the participation of precinct officials […]
163-182.3. Responsibility of chief judge. The chief judge of each precinct shall be responsible for the adherence of the precinct officials to the State Board rules for counting, reporting, and transmitting official ballots. (2001-398, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
163-182.4. Jurisdiction for certain ballot items. (a) Jurisdiction of County Board of Elections. – As used in this Part, the county board of elections shall have jurisdiction over the following: (1) Offices of that county, including clerk of superior court and register of deeds. (2) Membership in either house of the General Assembly from a […]
163-182.5. Canvassing votes. (a) The Canvass. – As used in this Article, the term "canvass" means the entire process of determining that the votes have been counted and tabulated correctly, culminating in the authentication of the official election results. The board of elections conducting a canvass has authority to send for papers and persons and […]
163-182.6. Abstracts. (a) Abstracts to Be Prepared by County Board of Elections. – As soon as the county canvass has been completed, the county board of elections shall prepare abstracts of all the ballot items in a form prescribed by the State Board of Elections. The county board shall prepare those abstracts in triplicate originals. […]
163-182.7. Ordering recounts. (a) Discretionary Recounts. – The county board of elections or the State Board of Elections may order a recount when necessary to complete the canvass in an election. The county board may not order a recount where the State Board of Elections has already denied a recount to the petitioner. (b) Mandatory […]
163-182.7A. Additional provisions for hand-to-eye recounts. (a) The rules promulgated by the State Board of Elections for recounts shall provide that if the initial recount is not hand-to-eye, and if the recount does not reverse the results, the candidate who had originally been entitled to a recount may, within 24 hours of the completion of […]
163-182.8. Determining result in case of a tie. If the count, upon completion of canvass by the proper board of elections, shows a tie vote other than in a primary, the tie shall be resolved as follows: (1) If more than 5,000 voters cast official ballots in the ballot item, the State Board of Elections […]
