Mark Up First Recount 08 NCAC 09.0107

08 NCAC 09 .0107 is proposed for amendment as follows:

08 NCAC 09 .0107 FIRST RECOUNT Machine or  Machine Recount

Note: Add discussion of machine recount from section 08 NCAC 09 .016 to this section. 

(a)In the first recount conducted by the county board of elections in accordance with G.S. 163-182.7, all ballots that were originally counted shall be recounted by machine, notwithstanding the method by which the ballots were originally counted.Imove

(b)For the purpose of this Rule, “bipartisan team” or “bipartisan team of supervisors” refers to a team of two officials assigned by the county board of elections with one official each being registered as affiliated with one of the two parties in the state with the largest number of registered voters. County Board members shall not serve on the bipartisan team or bipartisan team of supervisors. 

 In conducting the machine recount, the county board of elections  shall assign teams who serve the following functions. 

1. Tabulators. The county board of elections shall assign a bipartisan team of two officials for each tabulator, consisting of a tabulator attendant to feed ballots into the tabulator and a tabulator observer to provide individual ballots to the tabulator attendant.

The tabulator used shall be different from the one used for the original count. 

Trained personnel, county board of elections staff, or precinct officials appointed pursuant to G.S. 163-41, G.S. 163-42, or G.S. 163-166.35(b), shall be assigned by the county board to operate the tabulator in place of the bipartisan team only when those personnel are overseen by a bipartisan team of supervisors. A bipartisan team of supervisors shall consist of two officials from the bipartisan team or bipartisan team of supervisors and shall be assigned to oversee the operation of no more than four tabulators.   (Note: This paragraph was relocated from below).

For the purpose of this Rule, “bipartisan team” or “bipartisan team of supervisors” refers to a team of two officials assigned by the county board of elections with one official each being registered as affiliated with one of the two parties in the state with the largest number of registered voters. County Board members shall not serve on the bipartisan team or bipartisan team of supervisors.  (Note: This paragraph was moved to the beginning of section (b).

2. Ballots. The county board shall assign at least one additional official to manage the distribution of the voted ballots are subject to the recount. 

Trained personnel, county board of elections staff, or precinct officials appointed pursuant to G.S. 163-41, G.S. 163-42, or G.S. 163-166.35(b), shall be assigned by the county board to operate the tabulator in place of the bipartisan team only when those personnel are overseen by a bipartisan team of supervisors. A bipartisan team of supervisors shall consist of two officials the bipartisan team or bipartisan team of supervisors.

(c) All ballots that are rejected for tabulation purposes by the machines during the recount shall be recounted by hand by a bi-partisan team of four in accordance with 08 NCAC 09 .0106(d). using one of the following methods:

(1) By hand. The hand count shall be done by a bipartisan team of four in accordance with Rule .0106(d) of this Chapter, and any questions regarding voter intent in the hand recount of those ballots shall be resolved in accordance with Rule 08 NCAC 09 .0109 of this Chapter.

 (2) By ballot duplication. The ballot duplication shall be performed by a bipartisan team assigned under Paragraph (b) of this Rule. The bipartisan team shall mark the rejected ballot as VOID and preserve the voided ballot for accountability purposes.    then replicate  The bipartisan team shall duplicate the voter’s selections in all contests on from the rejected ballot onto a blank ballot that is reviewed by the county board members in attendance and then fed scanned into the tabulator. Any questions regarding voter intent in the selections on the ballot shall be resolved in accordance with Rule 08 NCAC 09 .0109 of this Chapter prior to replicating duplicating the selections onto the blank ballot. The duplicated ballot shall be marked by the bipartisan team with an identifier that it is a duplicated ballot, and the duplicated ballot shall be securely stored with the rejected ballot after it has been successfully read by the machine.

Ballots accepted by the machines during the recount shall not be counted by hand, regardless of whether the ballot is marked, contains overvotes, or is blank.

 (d) The board of elections having jurisdiction over the ballot item shall schedule the first recount to begin within three business days of the demand for a mandatory recount or the decision to conduct a discretionary recount under G.S. 163-182.7, except any mandatory recount shall begin no earlier than the conclusion of the county canvass meeting pursuant to G.S. 163-182.5.

History Note:

Authority G.S. 163-22; 163-182.7;

Temporary Adoption Eff. April 15, 2002;

Eff. August 1, 2004;

Readopted Eff. June 1, 2019;

Amended Eff. September 1, 2021;

Temporary Amendment Eff. August 8, 2024;

Temporary Amendment Exp. May 31, 2025;

Amended Eff. August 1, 2025. 2025;

Amended Eff. September 1, 2026.