Comment on Recount Guidelines 09.0106

Email to Alexander.Burgos@oah.nc.gov

Subject: Comment on Recount Guidelines 09.0106

(Please re-write in your own words and submit. Deadline is Tuesday, August 18th, 2026) Thanks.) 

Dear Mr. Burgos:

I am writing to formally comment on the Recount Guidelines rule, 09.0106.

Paragraph (d) When a county board adds a third party member (lines 22-25), they are replacing a member. The bipartisan team does not increase to 5.  Lines 25 - 28 state: “In no instance shall the county board assign more than two officials to a bipartisan team who are unaffiliated or affiliated with one of the other political parties, and a bipartisan team of four shall include at least one official from each of the two parties in the State with the largest number of registered voters.” 

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.  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 parties. 

On p. 2, line 2: “... if the apparent winner is the apparent loser after the discretionary recount” is clear. The apparent winner turns out to be the loser.  

On p. 2, line 10:  “The bipartisan team of two county board members  overseeing the recount” should consist of the bipartisan team who were assigned to tally. 

On p. 2, line 19:  “... one board member of each political party shall be represented” has a clear reference to county board members in lines 17-18.  

Section f, p. 2, lines 11-12: 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 many be delegated by the State Board to the Executive Director of the State Board.”  It is inappropriate for the State Board to delegate its responsibility for such delegations to the Executive Director or staff. It is certainly appropriate to recommed to the State Board when completion should be declared.

Delete the discussion of the hand-to- eye recount in this section and move it to 08 NCAC 09.0110 Second Recount. 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 discuss hand-to-eye recount.

Thank you.

(Name, Address)