Action Alert: Recount Guidelines

• Please rephrase the Suggestion and Rationale for Recount Guidelines so the NCSBE treats each submission separately.

• Then click on the Public Comment Portal at the bottom of the page to submit your Comment.

• Email Jane.bilello@gmail.com with the Rule and comment you submitted so we can keep track of submissions. Thanks.

  
  

Reference 08 NCAC 09.0106 GENERAL GUIDELINES. Mark Up of Recount Guidelines

Note: The types of recounts should be defined and distinguished at the beginning of this section. Delete discussion of hand-to-eye recount in this section and move it to 08 NCAC 09 .0110 Second Recount.

1. Suggestion: Section (a): It appears that there needs to be a clearer use of terms for recounts. The types of recounts should be defined and distinguished at the beginning of this section.

Rationale: This section refers to hand-to-eye recounts in section (a). Section (f) refers to hand-to-eye, as well as machine recounts.  It includes the terms “sample” recount and “mandatory” recount. § 163-182.7 defines discretionary recounts and mandatory recounts.  First Recount and Second Recount are terms introduced in subsequent sections. The terminology needs to remain consistent throughout the rules and remain consistent with § 163-182.7.

2. Suggestion: Section (d): The deleted text on line 20 should be reinstated and modified to include input from the two largest political parties in assigning members to teams.

Rationale: There is no reason to exclude input from the political parties.  It is an important part of the process to insure inclusion of interested voters from the two largest political parties.

3. Suggestion:  Rules need to be written for NC G.S. 163-182.7 (d) (1), (2), and (3).

Rationale: It appears that some of the requirements of NC G.S. 163-182.7 (d) (1), (2), and (3) have not been included in the proposed rules.

4.Suggestion: In Section (f): Suggest deleting this sentence- For machine recounts of ballot items under the jurisdiction of the State Board, the declaration of the completion of the recount may be delegated by the State Board to the Executive Director of the State Board.

Rationale: It is inappropriate for the State Board to delegate its responsibility for such delegations to the Executive Director or staff. It’s certainly appropriate to recommend to the State Board when completion should be declared.  

5.Suggestion: Delete discussion of hand-to-eye recount in this section and move it to 08 NCAC 09 .0110 Second Recount.

Rationale: The Recount section is not organized so that all the information on one topic is in one place.  The General Guidelines section paragraphs (d) and (f) discuss hand-to-eye recounts while 08 NCAC 09 .0110 Second Recount also discusses hand-to-eye recount.

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After you have rephrased the Suggestion and Rationale:

• Click on  the Public Comment Portal: https://www.ncsbe.gov/public-comment-portal-2026-rulemaking-recounts 

• Scroll down to the form, Record Your Public Comment.

• Fill in the form with the Rule, Your Name, Your Email, and Comment. 

We are trying to keep track of numbers of folks who commented. Please, when you complete your public comment, email Jane at jane.bilello@gmail.com with the rule(s) you submitted for Public Comment. Thank you.