Mark Up Secondary Recount 08 NCAC 09.0110

08 NCAC 09 .0110 is proposed for amendment as follows:

08 NCAC 09 .0110 SECONDARY RECOUNTS

The apparent unsuccessful candidate following a first recount may request a second recount, which shall be a hand-to-eye recount. For any hand-to-eye recount conducted under G.S. 163-182.7A, each county board of elections involved in the recount shall provide notice at least 24 hours in advance of the recount by email to the county board's notice list under G.S. 143-318.12(b)(2), county party chairs, and the candidates in the contest subject to the recount. No separate notice of  a hand-to-eye recount is required if the hand-to-eye recount occurs on the same day as and following the conclusion of the first recount under 08 NCAC 09 .0107 and the notice of the first recount stated that a hand-to-eye recount, if required, could take place upon the conclusion of the first recount. The board of elections having jurisdiction over the ballot item under G.S. 163-182.7 shall schedule any hand-to-eye recount to begin within two three business days of the demand for a hand-to-eye recount, whether that recount is a sample recount or a full recount.

 History Note:

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

Temporary Adoption Eff. August 8, 2024;

Temporary Adoption Exp. May 31, 2025;

Adoption Eff. August 1, 2025. 2025;

Amended Eff. September 1, 2026.

Suggestion: Add the additional sentence to the beginning of the paragraph. 

Rationale: The reason the second recount is being conducted should precede the instructions on how it will be conducted.