Mark Up Recount General Guidelines

Recount – General Guidelines

08 NCAC 09 .0106 is proposed for amendment as follows:

 08 NCAC 09 .0106 GENERAL 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.

 (a) Prior to each  recounts under G.S. 163-182.7 and G.S. 163-182.7A the county board of elections or State Board shall inform the political parties and candidates of the recount and describe to them the process of conducting recounts. A county board of elections shall notice the recount at least 48 hours prior to the start of the recount. The county board shall send notice by email to the county board's regular notice list, county party chairs, and the candidates in the contest subject to the recount.

 (b) In the case of tie votes, the winner shall be determined by lot only in the case set out in G.S. 163-182.8(2). Where there are 5,000 or fewer votes cast, there shall be only one determination by lot for each tied election. There shall be no determination by lot until the time has expired for the affected candidate(s) to request a recount, unless all of the affected candidate(s)  waive their right in writing to request a recount.

(c) During the conduct of recounts, ballots shall be counted in accordance with the principles in G.S. 163-182.1(a).

(d) In conducting hand to eye recounts hand-to-eye recounts pursuant to G.S. 163-182.7A and Rule .0110 of this Chapter, or recounts of paper ballots, a bipartisan team of four officials shall be used: assigned: two officials (one from each of the two parties in the State with the largest number of registered voters) to relay the results of each ballot with one person reading the ballot and the other official observing the ballot and the person reading the results of the ballot, and two officials (one from each of the two parties in the State with the largest number of registered voters) each separately recording the tally of votes for each candidate on paper while stating aloud after each choice is read on the fifth tally for a particular candidate, the word "tally." If, after diligently seeking to fill the positions with voters affiliated  consulting with each of the two political parties in the State with the largest number of registered voters, the county board still has an insufficient number of officials for the recount, the  county board by a majority vote of its members, including at least one board member of each political party represented on the board, may appoint assign to the bipartisan team an unaffiliated voter or voter affiliated with one of the other political parties. parties recognized in the State under G.S. 163-96.  In no instance shall the county board appoint assign more than two members officials to a bipartisan team who are unaffiliated or affiliated with one of the other political parties. parties and a bipartisan team of four shall include at least one official from each or the two parties in the State with the largest number of registered voters. Bipartisan team members officials shall be registered voters in the state. State and shall wear identification during the recount to make observers aware of the officials role in the recount. County board members shall not serve on the bipartisan team.  

(e) The county board of elections shall conduct recounts only as follows:

 (1) the recount is mandatory under G.S. 163-182.7(b) or (c) or G.S. 163-182.7A; or

 (2) the recount is not mandatory but the county board of elections or the State Board of Elections determines, using its authority in G.S. 163-182.7(a), that in order to complete the canvass a recount is necessary.

(f) A candidate shall have the right to call for a hand-eye hand-to-eye recount within 24 hours after the board of elections having jurisdiction over the ballot item under G.S. 163-182.7 declares the completion of a discretionary machine recount in that is ordered pursuant to G.S 163-182.7 (a) or by noon on the next business day of the county board of elections office, whichever is later, if the apparent winner is the apparent loser after the discretionary recount. A candidate shall have the right to call for a hand-eye hand-to-eye sample recount recount, pursuant to G.S. 163-182.7A, within 24hours after the board of elections having jurisdiction over the ballot item under G.S. 163-182.7 declares the completion of a mandatory machine recount, pursuant to G.S. 163-182.7A. recount. A machine recount shall not be declared completed until the results have been reported to the State Board. For machine recounts of ballot items under the jurisdiction of a county board of elections, the declaration of the completion of the recount may be delegated by the county board to the bipartisan team of two county board members overseeing the recount. 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. 

(g) Any candidate in the contest subject to a recount shall have the right to file an election protest within 24 hours after a recount is declared completed or by noon of the next business day of the county board office, whichever is later, if the protest relates to the conduct of the recount. Allegations unrelated to the recount may not be included in the protest.

 (h) Recounts shall be performed in the presence of a quorum of county board members or in the presence of a bipartisan team of two county board members. Determinations of voter intent shall be made by a quorum of the board and at least one board member of each political party shall be represented.

History Note:

Authority G.S. 163-22; 163-182.1; 163-182.7; 163-182.7A;

Temporary Adoption Eff. April 15, 2002; 20

Eff. August 1, 2004;

 Readopted Eff. June 1, 2019;

 Amended Eff. September 1, 2021. 2021;

Amended Eff. September 1, 2026.