08 NCAC | Title 08 NCAC — Elections

Chapter 01 Departmental Rules

08 NCAC 01 .0101 Agency Contact Information and Hours {#sec-08-ncac-01-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 01 .0101}

The offices of the State Board of Elections are located at the Dobbs Building, 430 N. Salisbury St., Raleigh, NC 27603-1362. The mailing address is P.O. Box 27255, Raleigh, NC 27611-7255. The State Board's telephone number is (919) 814-0700. The State Board's email address for general inquiries is elections.sboe@ncsbe.gov. The State Board's website is located at www.ncsbe.gov. The State Board's normal operating hours are 8:00 a.m. to 5:00 p.m., Monday through Friday.

History

Authority G.S. 163-22
Eff. March 12, 1976
Amended Eff. May 1, 2012; January 1, 2004
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017
Amended Eff. May 1, 2025.

08 NCAC 01 .0102 Duties of Board {#sec-08-ncac-01-.0102 omnilex-key=us-nc-regs-official--title-08--08 NCAC 01 .0102}

History

Status: repealed
Authority G.S. 163-20; 163-22
Eff. March 12, 1976
Repealed Eff. June 1, 1988.

08 NCAC 01 .0103 Meetings of Board {#sec-08-ncac-01-.0103 omnilex-key=us-nc-regs-official--title-08--08 NCAC 01 .0103}

History

Status: repealed
Authority G.S. 163-20; 163-22
Eff. March 12, 1976
Repealed Eff. June 1, 1988.

08 NCAC 01 .0104 PROCEDURES FOR POLITICAL COMMITTEES (transferred to 08 NCAC 21 .0201 eff. May 1, 2020) {#sec-08-ncac-01-.0104 omnilex-key=us-nc-regs-official--title-08--08 NCAC 01 .0104}

08 NCAC 01 .0105 Municipal Financing of Election Campaigns {#sec-08-ncac-01-.0105 omnilex-key=us-nc-regs-official--title-08--08 NCAC 01 .0105}

History

Status: expired
Authority G.S. 163-278.19; 163-278.21
Temporary Adoption Eff. July 3, 2003
Temporary Adoption Expired April 27, 2004.

08 NCAC 01 .0106 emergency powers of executive director {#sec-08-ncac-01-.0106 omnilex-key=us-nc-regs-official--title-08--08 NCAC 01 .0106}

(a) In exercising his or her emergency powers and determining whether the "normal schedule" for the election has been disrupted in accordance with G.S. 163A-750, the Executive Director shall consider whether one or more components of election administration has been impaired. The Executive Director shall consult with State Board members when exercising his or her emergency powers if feasible given the circumstances set forth in this Rule.

(b) For the purposes of G.S. 163A-750, the following shall apply:

(1) A natural disaster or extremely inclement weather include a:

(A) Hurricane;

(B) Tornado;

(D) Flood;

(E) Tidal wave or tsunami;

(F) Earthquake or volcanic eruption;

(G) Landslide or mudslide; or

(H) Catastrophe arising from natural causes resulted in a disaster declaration by the President of the United States or the Governor.

(2) An armed conflict includes mobilization, pre-deployment, or deployment of active or reserve members of the United States armed forces or National Guard during a national emergency or time of war.

(c) The Executive Director acting under G.S. 163A-750 to conduct an election in a district where the normal schedule for the election is disrupted must ensure that remedial measures are calculated to offset the nature and scope of the disruption(s). In doing so, the Executive Director shall consider the following factors:

(1) Geographic scope of disruption;

(2) Effects on contests spanning affected and non-affected areas;

(3) Length of forewarning and foreseeability of disruption;

(4) Availability of alternative registration or voting opportunities;

(5) Duration of disruption;

(6) Displacement of voters or election workers;

(7) Access to secure voting locations;

(8) Sufficiency of time remaining for the General Assembly and the Governor to adopt emergency legislation addressing the disruption;

(9) Detrimental effects on election integrity and ballot security; and

(10) Aggregate effects on important Federal and State certification deadlines.

History

Authority G.S. 163A-750
Eff. October 1, 2018
Emergency Amendment Eff. March 20, 2020
Emergency Amendment Expired on June 18, 2020 pursuant to G.S. 150B-21.1A(d)(3).

08 NCAC 01 .0107 political party formation, termination, and reinstatement {#sec-08-ncac-01-.0107 omnilex-key=us-nc-regs-official--title-08--08 NCAC 01 .0107}

(a) Pursuant to G.S. 163-97, a political party ceases to be a political party on the date the State Board certifies the general State election in which the political party failed to poll for its candidate for Governor, or for presidential electors, at least two percent of the entire vote cast in the State for Governor or for presidential electors. Any voter registration form received after that date by a county board of elections where the applicant chooses to affiliate with an expired political party shall be registered as "unaffiliated," except that if the person is already registered to vote in the county and that person's registration already contains a party affiliation, the county board of elections shall not change the registrant's political party affiliation.

(b) Notwithstanding Paragraph (a) of this Rule, a political party shall not cease to be a political party under G.S. 163-97 if it submits to the State Board of Elections by the date of the State canvass documentation that the group of voters had a candidate nominated by that group on the general election ballot of at least 70 percent of the states in the prior Presidential election.

(c) Voters affiliated with an expired political party shall be changed to "unaffiliated designation" as required by G.S. 163-97.1 on the twentieth day before the opening of the candidate filing period for the next regularly scheduled election held after the date the political party failed to continue its legal status as provided in G.S. 163-97.

(d) The State Board shall order the county boards of elections to change the registration affiliation of all voters who are recorded on the registration books as being affiliated with an expired political party at 5:00 p.m. on the 20th day before the opening of the candidate filing period for the next regularly scheduled election held after the date of expiration. Upon making the change, the county board of elections shall send each affected voter verification of the party change by mail in accordance with G.S. 163-82.17(b). However, an expired political party that submits to the State Board one of the following prior to noon on the twentieth day before the opening of the candidate filing period for the next regularly scheduled election held after the date of expiration shall not have its affiliated voters changed to "unaffiliated designation":

(1) A petition approved pursuant to G.S. 163-96(a)(2). The political party shall comply with all other petition processes and deadlines in G.S. 163-96(a)(2), (b), and (c), including submitting the signatures to each county board of elections no later than 5:00 p.m. on the 15th day preceding the date the petitions are due to be filed with the State Board as provided in this Paragraph; or

(2) Documentation that the group of voters had a candidate nominated by that group on the general election ballot of at least 70 percent of the states in the prior presidential election.

(e) For purposes of this Rule, "expired political party" means a party that failed to continue its legal status as provided in G.S. 163-97.

(f) Documentation required under G.S. 163-96(a)(3) for the creation of a political party and under Subparagraph (d)(2) of this Rule for the reinstatement of an expired political party shall include any official State or federal government source, including official election results or statistics from a state or federal government website or publication.

History

Authority G.S. 163-22; 163-97.1
Eff. September 1, 2021.

Chapter 02 Election Protests

08 NCAC 02 .0101 Complaints Concerning Conduct of Elections {#sec-08-ncac-02-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 02 .0101}

History

Status: repealed
Authority G.S. 163-22; 163-22.1
Eff. March 12, 1976
Amended Eff. November 1, 1984
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 02 .0102 Preliminary Consideration of Complaint by County Board {#sec-08-ncac-02-.0102 omnilex-key=us-nc-regs-official--title-08--08 NCAC 02 .0102}

History

Status: repealed
Authority G.S. 163-22; 163-22.1
Eff. March 12, 1976
Amended Eff. November 1, 1984
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 02 .0103 Scheduling and Notice of County Board Hearing {#sec-08-ncac-02-.0103 omnilex-key=us-nc-regs-official--title-08--08 NCAC 02 .0103}

History

Status: repealed
Authority G.S. 163-22; 163-22.1
Eff. March 12, 1976
Amended Eff. November 1, 1984
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 02 .0104 Conduct of Hearing by County Board {#sec-08-ncac-02-.0104 omnilex-key=us-nc-regs-official--title-08--08 NCAC 02 .0104}

History

Status: repealed
Authority G.S. 163-22; 163-22.1
Eff. March 12, 1976
Amended Eff. November 1, 1984
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 02 .0105 Decision by County Board {#sec-08-ncac-02-.0105 omnilex-key=us-nc-regs-official--title-08--08 NCAC 02 .0105}

History

Status: repealed
Authority G.S. 163-22; 163-22.1
Eff. March 12, 1976
Amended Eff. November 1, 1984
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 02 .0106 Notice and Perfection of Appeal {#sec-08-ncac-02-.0106 omnilex-key=us-nc-regs-official--title-08--08 NCAC 02 .0106}

History

Status: repealed
Authority G.S. 163-22; 163-22.1
Eff. March 12, 1976
Amended Eff. November 1, 1984
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 02 .0107 Consideration of Appeal by State Board {#sec-08-ncac-02-.0107 omnilex-key=us-nc-regs-official--title-08--08 NCAC 02 .0107}

History

Status: repealed
Authority G.S. 163-22; 163-22.1
Eff. March 12, 1976
Amended Eff. November 1, 1984
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 02 .0108 State Board Authority Over Election Protests {#sec-08-ncac-02-.0108 omnilex-key=us-nc-regs-official--title-08--08 NCAC 02 .0108}

History

Status: repealed
Authority G.S. 163-22; 163-22.1
Eff. March 12, 1976
Amended Eff. November 1, 1984
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 02 .0109 No Frivolous Protests {#sec-08-ncac-02-.0109 omnilex-key=us-nc-regs-official--title-08--08 NCAC 02 .0109}

History

Status: expired
Authority G.S. 163-22; 163-22.1
Eff. March 12, 1976
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 02 .0110 Actions of County Board as to Election Protests {#sec-08-ncac-02-.0110 omnilex-key=us-nc-regs-official--title-08--08 NCAC 02 .0110}

(a) The county board shall transmit by email a copy of any filed election protest, including any attachments, to the State Board, affected candidates, and county party chairs as follows:

(1) if hand delivered or mailed, within 24 hours after the election protest is filed;

(2) if faxed, the same day the election protest is filed; or

(3) if emailed, the same day the election protest is filed.

(b) The county board shall not consider election protests not timely filed, but shall refer, in the same manner and within the time period provided in Paragraph (a) of this Rule, all such untimely protests, along with copies of the protest and attachments, to the State Board office for consideration under G.S. 163-182.12. For the purposes of this Rule, timely means within the time specified in G.S. 163-182.9.

(c) Upon receipt of a timely filed election protest, the county board of elections shall hold a preliminary consideration meeting in accordance with G.S. 163-182.10 within two business days of when the protest is filed. If the protest is filed before election day and is stayed pursuant to G.S. 163-182.9(b)(4)d., the preliminary consideration meeting shall be held within two business days of election day. If the county board dismisses the protest upon preliminary consideration, the county board shall file its written decision at the board office within two business days of the preliminary consideration meeting and shall serve the written decision in the manner provided under Subparagraph (e)(2) of this Rule. If the county board determines that a hearing is necessary, the board shall set the hearing no later than seven business days from the date of the preliminary consideration meeting and shall start no earlier than 8:00 a.m. and no later than 8:00 p.m. at any location set by the county board of elections. The county board may continue hearings for good cause as determined by the county board. Only for good cause and upon informing the State Board office, may a hearing be set on or continued to a weekend day or holiday. Examples of good cause include, but are not limited to, procuring documentary evidence or securing witness testimony necessary to conclude the hearing.

(d) Notice of hearing as required by G.S. 163-182.10(b)(2) shall be given at least five business days prior to the day of the hearing, and the notice shall be provided by any of the following means: in-person oral notice, written notice to an email address supplied by any person required to receive notice, or, only if the county board lacks an email address, by U.S. mail to an address supplied by any person required to receive notice followed immediately by a phone call, if the person has supplied a phone number to the board. Any oral notice of the hearing shall be followed with a written notice sent prior to the hearing date. The oral notice shall constitute valid notice meeting the five-day notice requirement.

(e) The county board shall follow these procedures when considering an election protest:

(1) Upon request by a protester or interested person, the chair or any two members of the county board shall issue subpoenas for witnesses or documents, when the chair or two members of the county board conclude that the witnesses or documents are likely to provide information that is both relevant and material to the questions the county board must adjudicate in the protest, the information sought is not unnecessarily duplicative of other available evidence, and the subpoena is not likely to subject the recipient to undue burden or expense. Such subpoenas shall be served in the same manner as allowed in the North Carolina Rules of Civil Procedure.

(2) The county board shall notify the person protesting, any affected candidate, and any affected officeholder of its decision in a protest hearing no later than 5:00 p.m. the next day after the conclusion of the hearing, in the manner provided in Paragraph (d) of this Rule. No separate notice is required if any person requiring notice was present at the hearing when the decision was announced. The board shall file at the board office a written decision within the mandates of G.S. 163-182.10(d) by 5:00 p.m. three business days after the conclusion of the protest hearing. Such written decision shall be served at the same time it is filed at the board office by email to an email address supplied by any person required to receive notice under G.S. 163-182.10(b). If the county board has no email address for any person required to receive notice under G.S. 163-182.10(b), the board shall serve that person by U.S. mail and immediately call that person, if the person has supplied a phone number to the board, to notify them that the decision has been filed. Nothing herein shall discourage more prompt decisions and written orders.

(3) All election protest hearings before county boards shall be recorded by a court reporter or by mechanical means. The hearing need not be transcribed unless the board's decision is appealed. Upon notice of appeal to the State Board of an election protest, the county board shall cause the record of the hearing to be transcribed and delivered to the State Board, at the county board's expense, within seven business days of the notice of appeal. Transcripts of hearings shall be kept for two years after their creation.

(f) A county board of elections shall hear and decide all timely filed protests, unless:

(1) the protest is administratively dismissed pursuant to 08 NCAC 02 .0114; or

(2) the county board of elections receives alternative instructions from the State Board issued under G.S. 163-182.12.

If a protest does not concern the manner in which votes were counted or results tabulated, a county board of elections shall not delay canvass in order to hear the protest. A protest that alleges the occurrence of an election law violation regarding an insufficient number of votes to change the outcome of a contest within the jurisdiction of a county board of elections under G.S. 163-182.4 shall not delay canvass by a county board of elections.

History

Authority G.S. 163-22; 163-182.10
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Readopted Eff. September 1, 2018
Amended Eff. November 1, 2020
Temporary Amendment Eff. August 8, 2024
Temporary Amendment Exp. May 31, 2025
Amended Eff. August 1, 2025.

08 NCAC 02 .0111 Election Protest Form {#sec-08-ncac-02-.0111 omnilex-key=us-nc-regs-official--title-08--08 NCAC 02 .0111}

All persons bringing an election protest under Article 15A shall complete and timely file the following form. For the purposes of this Rule, "timely" means within the time required by G.S. 163-182.9(b). Please note this form shall not be used to challenge the registration of an individual voter or to report an incident other than an irregularity affecting the outcome of an election.

This form must be filed with the county board of elections within the timeframes set out in G.S. 163-182.9(b)(4). Please print or type your answers. Use additional sheets if needed to answer the below questions fully. Number the pages of all additional sheets. Please note that filings will be a public record. Please redact all confidential information, such as date of birth, Social Security number, and driver's license number.

Respond to all prompts. Failure to complete this form as required may result in the dismissal of your protest. Attach additional sheets as necessary, including all exhibits and supplemental documents. All attachments are deemed incorporated and covered under the Protest Certification.

PROTESTOR

Provide your preferred contact information:

Name:__________________________________________County of Residence: ___________________

Email: __________________________________________Phone: ______________________________

Mailing Address: ______________________________________________________________________

NOTE: You will be deemed to consent to service at all of the above addresses (including email), unless you attach an addendum indicating otherwise.

Are you represented by counsel? □ Yes □ No

NOTE: If you answered Yes, above, your counsel must complete and you must attach the Counsel Certification Addendum.

Mark all that describe you:

□ Candidate for the office of ________________________________________

□ Registered voter eligible to participate in the protested election contest

□ Neither of the above*

*If you select this option, you are not eligible to file a protest.

PROTEST SCOPE

List all election contests subject to your protest and calculate the margin of votes separating the apparent winner from the runner-up as of the date of filing. Your response does not waive your right to contest the validity of the current vote count. If your protest concerns all contests on the ballot, you must include the vote margin for each contest.
This protest alleges (select at least one):

□ A defect in the manner by which votes were counted or results tabulated sufficient to cast doubt on the apparent results of the election.

□ A violation of election law, irregularity, or misconduct sufficient to cast doubt on the apparent results of the election.

FACTUAL BASIS & LEGAL ARGUMENT

Provide all factual allegations in support of your protest. If any fact you allege is outside the scope of your personal knowledge, you may attach affidavits from those who have personal knowledge of that fact. All facts you allege in connection with this protest must be true and accurate to the best of your knowledge, and brought in the sincere belief that the facts alleged form a good faith basis to protest the conduct and results of the election.

List all individuals, if any, you may call as witnesses to substantiate facts listed in Prompt 6. If there are multiple individuals, summarize the facts of which the individual has personal knowledge.

Cite any statute or case, administrative rule or decisions, and election policy or procedure that supports your claim set out under Prompt 5.

RELIEF

What effect do you believe the facts alleged in response to Prompt 6, if proven, will have on the electoral outcome in the protested contest(s)? Your response should account for the current vote margin calculated in response to Prompt 4.

□ The electoral outcome of the protested contest(s) will change.

□ The electoral outcome of the protested contest(s) will not change.

□ I am uncertain whether the outcome of the contest(s) will change.

□ Other ________________________________________________

What relief do you seek?

□ Correct the vote count

□ A new election

□ Other: ________________________________________________

ASSISTANCE

List all persons who assisted you in preparing the contents of this protest and indicate the nature of the assistance provided:

Note: For protestors represented by an attorney, this protest is the initial filing in a proceeding as defined by N.C. State Bar Rules. See 27 N.C.A.C. 02 Rule 1.00(n).

Has any candidate, political party, organization, or person acting on behalf of the same requested that you bring this protest?

□ Yes

□ No

Have you received any financial or other benefit or promise of future financial or other benefit in exchange for filing this protest?

□ Yes

□ No

AFFECTED PARTIES & SERVICE

You must serve copies of all filings on every person with a direct stake in the outcome of this protest ("Affected Parties"). Affected Parties include every candidate seeking nomination or election in the protested contest(s) listed under Prompt 4, not only the apparent winner and runner-up. If a protest concerns the eligibility or ineligibility of particular voters, all such voters are Affected Parties and must be served. Address information for registered voters is available from the county board of elections or using the Voter Lookup at www.ncsbe.gov.

Materials may be served by personal delivery, transmittal through U.S. Mail or commercial carrier service to the Affected Party's mailing address of record on file with the county board of elections or the State Board, or by any other means affirmatively authorized by the Affected Party. If you know the Affected Party is represented by an attorney, service must be made on his or her counsel. Service must occur within one (1) business day of filing materials with the county board of elections. If service is by transmittal through the U.S. Mail or commercial carrier service, service will be complete when the properly addressed, postage-paid parcel is deposited into the care and custody of the U.S. Mail or commercial carrier service. It is your responsibility to ensure service is made on all Affected Parties.

List all Affected Parties, including their service address:

Affected Party Service Address

PROTESTOR CERTIFICATION

By signing this protest application, you affirm the following:

I, ______________________ (full name), swear, under penalty of perjury, that the information provided in this protest filing is true and accurate to the best of my knowledge, and that I have read and understand the following:

(initial)

____ I have reviewed the statutes and administrative rules governing election protests, including all deadlines.

____ My protest must originate with a filing at the county board of elections.

____ I must timely serve all Affected Parties.

____ I must prove by substantial evidence either the existence of a defect in the manner by which votes were counted or results tabulated or the occurrence of a violation of election law, irregularity, or misconduct, either of which were sufficient to cast doubt on the apparent results of the election.

____ It is a crime to interfere unlawfully with the conduct and certification of an election.

____ It is a crime to interfere unlawfully with the ability of a qualified individual to vote and to have that vote counted in the election.

____ The facts I allege in connection with this protest are true and accurate to the best of my knowledge, and I have a good faith basis to protest the conduct and results of the election.

Submitting fraudulently or falsely completed declarations is a Class I felony under Chapter 163 of the General Statutes. This notice is provided pursuant to S.L. 2013-381, s. 5.4.

Signature of Protestor: ______________________________________ Date:_________________

(This signature must be signed in the presence of a notary)

State of North Carolina, County of ________________________

Sworn to (or affirmed) and subscribed before me this the _____ day of __________, 20.

(Official Seal) Official Signature of Notary

_____________________, Notary Public

Printed Name

My commission expires: ________________

.....................................................................................................................................................................................

Date/Time Filed with County Board

(completed by the county board)

NOTE: The county board must provide the State Board with a complete copy of a filed protest within one business day after it is filed. In addition, the county board shall provide a copy of the election audit with this copy of the protest.

Please direct any questions to your county board of elections or the North Carolina State Board of Elections & Ethics Enforcement, PO Box 27255, Raleigh, NC 27611-7255.

If you answered Yes to Prompt 2 on the above, your attorney must complete this form and you must file it with your Election Protest Application.

Attorney Must complete all of the following:

Protestor Name: _______________________ Protestor County:_______________________

Attorney Name: _______________________

Attorney Email: _______________________ Attorney Phone: __________________________

□ I am a member in good standing with the North Carolina State Bar

□ I am not licensed to practice law in North Carolina but am a member in good standing in ______________________ (State or District of Columbia), and do hereby apply to appear pro hac vice and certify that I have or will file all appropriate documents required under G.S. 84-4.1.

Law Firm: ___________________________________

Bar Number: ___________________________________

I (choose one) □ am □ am not:

Subject to any order of any court or administrative agency disbarring, suspending, enjoining, restraining, or otherwise restricting me in the practice of law. If you are subject to any orders, explain in the space below.

I represent the Protestor whose name is provided above. I have read and understand the laws governing election protests in North Carolina General Statutes Chapter 163 and Title 8 of the N.C. Administrative Code. I swear/attest that the information I have provided in this Addendum is true and accurate to the best of my knowledge.

Attorney Signature Date

History

Authority G.S. 163-22; 163-182.9
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Readopted Eff. September 1, 2018
Amended Eff. November 1, 2020.

08 NCAC 02 .0112 Appeal to the State Board of Elections {#sec-08-ncac-02-.0112 omnilex-key=us-nc-regs-official--title-08--08 NCAC 02 .0112}

All appeals of a county board of election protest decision must use the following form available on the State Board of Elections' website:

(Use of this form is required by G. S. 163-182.11 (a))

A copy of this appeal must be given to the county board of elections within 24 hours (weekends and holidays excluded) after the county board files its written decision at its office. This same appeal must be filed with or mailed to the State Board of Elections by the end of the second day following the county board decision if the protest involves a first primary. As to a protest of any other election, this appeal must be filed or deposited in the mail by the end of the fifth day following the county board decision. See G.S. 163-182.11 (a). A copy of the original election protest form with attachments must be filed with this appeal. A copy of the county board decision must be filed with this appeal. The county board will provide the record on appeal. As many additional sheets as are necessary to answer the questions below may be attached, but they must be numbered. Please print or type your answers.

Full name, mailing address, home and business phone, fax number, and e-mail address of undersigned.

Are you the person who filed the original protest, a candidate or office holder adversely affected by the county decision, or someone else whose interest has been adversely affected by the county decision?

_____________________________________________________________________________________________3. State the date, place, kind of election, and results of the election protested (if different from the information on the election and its results as set out in the attached original protest form).

State the name, mailing address, home phone, and business phone of all candidates involved in the protested election.

State the date of the county board hearing__________________________________________________________
State the legal and factual basis for your appeal.

Is there any material submitted with this appeal that was not presented to and considered by the county board? Is so, please identify and state why it was not presented to the county board. Why do you think the State Board of Elections should consider it?

Normally the State Board will make its decision in an appeal based upon the record from the county board. If you desire the record in this matter to be supplemented, additional evidence to be considered, or a completely new hearing, please state such desire and why it should be allowed in this appeal. See G.S. 163-182.11 (b).

What relief do you seek? Why?

Have you read and reviewed G.S. 163-182.11 through G.S. 163-182.14 and the current North Carolina State Board of Elections regulations on appeals of election protests? ________________________________________________
Besides a copy of the original protest and the county board decisions, this appeal includes___ pages of additional answers and__ pages of exhibits and documents not included in the original protest and decision.

Signature of Person Appealing Date Appeal Signed

Date appeal received by State Board of Elections

(To be entered by the State Board of Elections staff)

Send your appeal to, or it you have questions contact: North Carolina State Board of Elections, P.O. Box 27255, Raleigh, NC 27611-7255, (919) 733-7173.

History

Authority G.S. 163-22; 163-182.11
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Readopted Eff. June 1, 2019.

08 NCAC 02 .0113 New Elections Ordered by State Board of Elections {#sec-08-ncac-02-.0113 omnilex-key=us-nc-regs-official--title-08--08 NCAC 02 .0113}

(a) Eligibility to vote in a new election ordered in accordance with G.S. 163-182.13 shall be governed by G.S. 163-82.6.

(b) The date of any new non-municipal election shall be set by the State Board no earlier than 75 days after the date of the order for a new election. In the case of a municipal election where absentee ballots are allowed, a new election shall not be set earlier than 55 days after the date of the order for a new election.

(c) If a new primary is ordered by the State Board, no person who voted in the initial primary of one party shall be allowed to vote in the new primary of another party. County board documentation of the voter's participation in the initial primary shall be prima facie evidence sufficient to disallow the voter from participating in the primary of another party in the new election.

History

Authority G.S. 163-22; 163-182.13(c)
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Readopted Eff. June 1, 2019.

08 NCAC 02 .0114 dismissal of improper Protest filings {#sec-08-ncac-02-.0114 omnilex-key=us-nc-regs-official--title-08--08 NCAC 02 .0114}

(a) The county board of elections shall dismiss any matter purporting to arise as an election protest under G.S. 163-182.9 on the following bases:

(1) The matter fails to contest the manner in which votes were counted or results tabulated, or fails to allege a violation of election law or irregularity or misconduct sufficient to cast doubt on the results of the election;

(2) The individual submitting the matter was neither a registered voter eligible to participate in the protested contest within the county nor a candidate for nomination or election in the protested contest;

(3) The matter was not filed in accordance with G.S. 163-182.9 or was not filed on the form prescribed in 08 NCAC 02 .0111;

(4) The protest is duplicative or was made for the purpose of delay;

(5) The protest filing, taking into account the totality of the circumstances, fails to include evidence which, if true, substantiates the probable occurrence of an outcome-determinative defect in the manner in which votes were counted or results tabulated, or the probable occurrence of an outcome-determinative violation of election law, irregularity, or misconduct; or

(6) The matter, including the initial filing and all subsequent oral or written submissions, fails to allege facts sufficient to constitute substantial evidence of the occurrence of an outcome-determinative violation of election law, irregularity, or misconduct.

The State Board may consider protests in accordance with G.S. 163-182.12.

(b) If the matter is filed with a county board of elections, the county director of elections shall review the allegations and evidence presented in or attached to the filing. If the director of elections finds that the filing must be dismissed pursuant to Paragraph (a) of this Rule, the director shall transmit his or her administrative recommendation that the matter be dismissed, citing applicable defects and the requirements of this Rule. The director's administrative recommendation shall be transmitted in writing to the county board members and the executive director of the State Board no later than two business days after the matter was filed. The director of elections shall confirm that the county board members have received all filings and the director's administrative recommendation before proceeding to issue a notice of dismissal. Nothing in this Paragraph shall delay the county board of elections in proceeding to consider the protest as required under . G.S. 163-182.10. If, after two calendar days following the transmission required under this Paragraph, neither a county board member nor the executive director of the State Board has raised any oral or written objection to the county director's recommendation for administrative dismissal, the county director shall issue a written notice of administrative dismissal to the individual(s) who has filed the matter. The notice shall:

(1) Be sent by certified mail or commercial courier such that the date of delivery may be verified, unless the recipient has agreed in writing to receive notice by electronic means;

(2) State that the matter was provided to the county board of elections members, but will not be heard by the county board;

(3) State that the matter has been dismissed administratively, citing this rule and all applicable bases listed in Paragraph (b) of this Rule; and

(4) Enclose an appeal form required under Paragraph (d) of this Rule.

If within two calendar days, any county board member or the executive director of the State Board raises any oral or written objection to the recommendation for administrative dismissal by the county director, the county board of elections shall proceed to hear the matter. An objection raised under this Subparagraph shall in no way affect or limit the county board of elections' authority to dismiss the matter under Paragraph (b) of this Rule or any other basis permitted by law.

(c) Individuals subject to an administrative dismissal entered by the director of elections may appeal the decision to the executive director of the State Board. All appeals brought under this Paragraph shall be in writing on a form prescribed under this Paragraph (available at ncsbe.gov) and must be received by the State Board office no later than five business days after receipt of the written notice of administrative dismissal from the county director. The State Board shall be deemed to have received the written appeal when it receives the physical form required under this Paragraph either by U.S. mail, courier service, or hand delivery. All appeals shall be made on a form that includes the following statements:

(1) I am appealing from an administrative dismissal of a matter that I filed at the [county name] Board of Elections on [date].

(2) I received an administrative notice of dismissal on [date].

(3) I have enclosed a copy of my original materials filed with the county board of elections.

____ YES ____ NO

(4) I have enclosed a copy of the written notice of administrative dismissal.

____ YES ____ NO

(5) This matter should be heard for the following reasons:

(6) I request notice of any action on this appeal at the following address:

Mailing Address: _______________________________

Phone Number: _______________________________

Email Address: _______________________________

(d) The executive director of the State Board shall inspect all appeals filed under Paragraph (c) of this Rule. Within two business days after the receipt of an appeal, the executive director shall transmit a copy of the appeal to the State Board members along with a written statement indicating the executive director's administrative determination either to grant or to deny the appeal.

(1) If the executive director's administrative determination is to grant the appeal, the executive director shall issue written notice to the county board of elections and to the appealing party indicating that the matter is remanded to the county board of elections for a hearing. The executive director's administrative determination under this Subparagraph shall in no way affect the county board of elections' authority to dismiss the matter under Paragraph (a) of this Rule or any other basis permitted by law.

(2) If the executive director's administrative determination is to deny the appeal, but any State Board member raises any oral or written objection within three calendar days, the executive director shall grant the appeal, issue a written notice, and remand the matter to the county board of elections. If no State Board member raises any oral or written objection within three calendar days, the executive director shall issue a written notice to the appealing party and to the county board of elections stating that the appeal is denied. Dismissal under this Subparagraph shall be considered a final agency action for purposes of seeking judicial review.

(e) If the matter is filed with the State Board, the executive director of the State Board shall proceed in a manner outlined in Paragraph (b) of this Rule, including distribution to the State Board members, the opportunity to interpose an objection, and the issuance of notice, except that there shall be no right of appeal under Paragraph (c) of this Rule and that the executive director may administratively remand the matter for hearing by the county board of elections in the manner prescribed under Subparagraph (d) of this Rule.

History

Authority G.S. 163-22; 163-182.12
Eff. October 1, 2018
Amended Eff. November 1, 2020.

Chapter 03 Charges Against County Election Officials

08 NCAC 03 .0101 VOTER COMPLAINTS against a member of a county board of elections {#sec-08-ncac-03-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 03 .0101}

(a) Any voter desiring to prefer charges of a violation of these Rules or of Chapter 163 of the North Carolina General Statutes with the State Board of Elections against a member of any county board of elections may do so by filing with the Board a statement, in writing, signed and sworn under oath or affirmation of the voter, which statement shall contain:

(1) the name, residence address, and county of the member against whom the charges are preferred;

(2) a statement of the facts constituting the violation alleged, with a reference to the date and place of such misconduct; and

(3) the names and addresses, so far as may be known to the persons filing the charges, of persons who have knowledge or information of the matters referred to in the charges as filed.

(b) The statement shall be filed on the form available on the Board's website.

History

Authority G.S. 163-22(c)
Eff. March 12, 1976
Readopted Eff. June 1, 2019.

08 NCAC 03 .0102 Charges {#sec-08-ncac-03-.0102 omnilex-key=us-nc-regs-official--title-08--08 NCAC 03 .0102}

(a) Upon receipt of a charge filed against a county board member in accordance with Rule .0101 of this Section, the State Board of Elections shall set a hearing if the charges preferred includes prima facie evidence of any of the following:

(1) a violation of these Rules or of any election law under Chapter 163 of the North Carolina General Statutes;

(2) a breach of a duty imposed by Chapter 163; or

(3) participation in irregularities, incapacity or incompetency to discharge the duties of the office.

(b) The State Board of Elections shall give notice by mail to the county board member against whom the charges are preferred, by mail of such charges and name a day and place for the hearing thereof.

History

Authority G.S. 163-22(c)
Eff. March 12, 1976
Readopted Eff. June 1, 2019.

08 NCAC 03 .0103 Hearing {#sec-08-ncac-03-.0103 omnilex-key=us-nc-regs-official--title-08--08 NCAC 03 .0103}

Before acting on any charges filed in accordance with Rule .0101, the State Board shall hold a hearing. At such hearing the voter preferring such charges shall appear, and present the evidence, including any affidavits, tending to support the charges in accordance with any order of proceedings issued by the Board. All affidavits must be served on the member against whom such charges have been filed in accordance with G.S. 1A-1, Rule 5, by the person filing the charges, at least three days before the time set for the hearing thereof.

History

Authority G.S. 163-22(c)
Eff. March 12, 1976
Readopted Eff. June 1, 2019.

08 NCAC 03 .0104 Rights {#sec-08-ncac-03-.0104 omnilex-key=us-nc-regs-official--title-08--08 NCAC 03 .0104}

The member against whom charges are preferred shall have the right to respond to the charges preferred against him by submitting an affidavit in denial, rebuttal, explanation, or extenuation of the charges, and additional evidence may be presented in accordance with any order of proceedings issued by the Board.

History

Authority G.S. 163-22
Eff. March 12, 1976
Readopted Eff. June 1, 2019.

08 NCAC 03 .0105 Scope {#sec-08-ncac-03-.0105 omnilex-key=us-nc-regs-official--title-08--08 NCAC 03 .0105}

The Board's investigation into the charges filed in accordance with Rule .0101 of this Section shall be confined to the charges as filed, but the Board may on its own motion investigate any matter listed in Rule .0102(1) through (3) of this Section upon receiving any additional evidence as the result of investigating or hearing said charges.

History

Authority G.S. 163-22(c)
Eff. March 12, 1976
Readopted Eff. June 1, 2019.

08 NCAC 03 .0106 Witnesses {#sec-08-ncac-03-.0106 omnilex-key=us-nc-regs-official--title-08--08 NCAC 03 .0106}

(a) Either the voter or the member may request in writing to the chair of the Board for subpoenas for witnesses to be heard orally at the hearing held according to Rule .0103 of this Section. The application shall include the following information:

(1) the name or names of the witnesses;

(2) a statement of one page or less of what is expected to be proved by each witness; and

(3) the reason the testimony cannot be presented to the Board in the form of an affidavit of such witness or witnesses.

(b) If, upon such application for subpoenas, the chair of the Board is of the opinion that the oral evidence of such witnesses will be helpful to the board, a subpoena shall be issued for the personal appearance of the witnesses, and if required by the subpoena, the witnesses shall produce such books, papers, or records as may be called for in said subpoena.

History

Authority G.S. 163-22(c); 163-23
Eff. March 12, 1976
Readopted Eff. June 1, 2019.

08 NCAC 03 .0201 FILING complaints against a precinct official {#sec-08-ncac-03-.0201 omnilex-key=us-nc-regs-official--title-08--08 NCAC 03 .0201}

(a) Any voter may file with the chair of the county board of elections a complaint against any precinct election official appointed pursuant to G.S. 163-41. The complaint shall be made in writing, signed and sworn under oath or affirmation, and shall include the information required by Rule .0101 of this Chapter. The complaint may be made on the form available on the State Board's website.

(b) Following the receipt of a complaint against a precinct official, the county board of elections shall conduct a hearing in the same manner as set forth in Section .0100 of this Chapter.

History

Authority G.S. 163-22
Eff. March 12, 1976
Readopted Eff. June 1, 2019.

08 NCAC 03 .0202 Hearing Date and Disposition {#sec-08-ncac-03-.0202 omnilex-key=us-nc-regs-official--title-08--08 NCAC 03 .0202}

(a) Upon the filing of a complaint against a precinct official in accordance with Rule .0201 of this Section, the chair of the county board of elections shall set the date for the hearing and provide the following information to the State Board of Elections within one business day:

(1) a copy of the complaint;

(2) the date and time of the hearing, if known;

(3) following the hearing, the county board of elections shall provide the Board the final disposition made by the county board of elections.

(b) The voter or precinct official may appeal the decision of the county board of elections to the State Board of Elections. The appeal must be received by the State Board of Elections within five days of the entry of the county board of elections of its written decision. The appeal shall be in writing and state the reason for the appeal. Copies of the original complaint form and the county board of elections' decision shall be filed with the appeal. The county board shall provide the record on appeal.

History

Authority G.S. 163-22
Eff. March 12, 1976
Readopted Eff. June 1, 2019.

08 NCAC 03 .0301 Summary Investigation {#sec-08-ncac-03-.0301 omnilex-key=us-nc-regs-official--title-08--08 NCAC 03 .0301}

History

Authority G.S. 163-22
Eff. March 12, 1976
RRC Objection August 16, 2018 and rule returned to the agency on June 1, 2019.

08 NCAC 03 .0302 Reports of Evidence of Criminal Violation {#sec-08-ncac-03-.0302 omnilex-key=us-nc-regs-official--title-08--08 NCAC 03 .0302}

History

Authority G.S. 163-22
Eff. March 12, 1976
RRC Objection August 16, 2018 and rule returned to agency on June 1, 2019.

Chapter 04 Voting Equipment

08 NCAC 04 .0101 Type of Voting Machines Allowed {#sec-08-ncac-04-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0101}

History

Status: repealed
Authority G.S. 163-160; 163-161
Eff. March 12, 1976
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 04 .0102 Custody of Voting Machines {#sec-08-ncac-04-.0102 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0102}

History

Status: repealed
Authority G.S. 163-160; 163-161
Eff. March 12, 1976
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 04 .0103 Instructing Precinct Officials on the Use of Voting Machines {#sec-08-ncac-04-.0103 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0103}

History

Status: repealed
Authority G.S. 163-160; 163-161
Eff. March 12, 1976
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 04 .0104 Ballot Labels for Use on Voting Machines {#sec-08-ncac-04-.0104 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0104}

History

Status: repealed
Authority G.S. 163-160; 163-161
Eff. March 12, 1976
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 04 .0105 Arrangement of Polling Place Where Voting Machines Are Used {#sec-08-ncac-04-.0105 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0105}

History

Status: repealed
Authority G.S. 163-160; 163-161
Eff. March 12, 1976
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 04 .0106 Delivery and Inspection of Voting Machines {#sec-08-ncac-04-.0106 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0106}

History

Status: repealed
Authority G.S. 163-160; 163-161
Eff. March 12, 1976
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 04 .0107 Directions for Voting When Machines Are Used {#sec-08-ncac-04-.0107 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0107}

History

Status: repealed
Authority G.S. 163-160; 163-161
Eff. March 12, 1976
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 04 .0108 Counting of Votes and Preparing Returns; Absentee Votes {#sec-08-ncac-04-.0108 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0108}

History

Status: repealed
Authority G.S. 163-160; 163-161
Eff. March 12, 1976
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 04 .0109 Collection of Voting Machines and Keys After Election {#sec-08-ncac-04-.0109 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0109}

History

Status: repealed
Authority G.S. 163-160; 163-161
Eff. March 12, 1976
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 04 .0201 Definitions {#sec-08-ncac-04-.0201 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0201}

History

Status: repealed
Authority G.S. 163-160; 163-161
Eff. March 12, 1976
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 04 .0202 Authority to Purchase and Lease Equipment {#sec-08-ncac-04-.0202 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0202}

History

Status: repealed
Authority G.S. 163-160; 163-161
Eff. March 12, 1976
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 04 .0203 Vote Recorders:tabulating:counting Devices {#sec-08-ncac-04-.0203 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0203}

History

Status: repealed
Authority G.S. 163-160; 163-161
Eff. March 12, 1976
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 04 .0204 Ballot Labels:identifications {#sec-08-ncac-04-.0204 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0204}

History

Status: repealed
Authority G.S. 163-160; 163-161
Eff. March 12, 1976
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 04 .0205 Preparation for Elections:precinct Election Officers {#sec-08-ncac-04-.0205 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0205}

History

Status: repealed
Authority G.S. 163-160; 163-161
Eff. March 12, 1976
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 04 .0206 Procedure at the Polling Place {#sec-08-ncac-04-.0206 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0206}

History

Status: repealed
Authority G.S. 163-160; 163-161
Eff. March 12, 1976
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 04 .0207 Collection of Voting Equipment After Election {#sec-08-ncac-04-.0207 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0207}

History

Status: repealed
Authority G.S. 163-160; 163-161
Eff. March 12, 1976
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 04 .0208 Manufacturers Required to Present Rules {#sec-08-ncac-04-.0208 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0208}

History

Status: repealed
Authority G.S. 163-160; 163-161
Eff. March 12, 1976
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 04 .0301 Requirements of Voting Systems {#sec-08-ncac-04-.0301 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0301}

Any voting system used in any election in North Carolina shall be constructed to fulfill the following requirements:

(1) It shall be designed to reasonably secure secrecy of the voter in the act of voting;

(2) It shall enable the voter to vote a straight party ticket in a general election;

(3) It shall require the voter to vote for the candidates for president and vice-president separately from the straight party vote;

(4) It shall provide capacity for listing of all nominees of all recognized political parties and other lawful candidates;

(5) It shall, except in primary elections, permit the voter to vote for all the candidates of one party, or in part for the candidates of one or more other parties;

(6) It shall permit the voter to vote for only as many persons for an office as the voter chooses and is lawfully entitled to vote for;

(7) It shall prevent the voter from voting for the same persons more than once for the same office;

(8) It shall permit the voter to vote for or against only the question(s) the voter may have the right to vote;

(9) It shall permit each voter in a general election but not in a primary, to write in the name of persons for whom he desires to vote, whose names do not appear upon the ballot, except where prohibited by G.S. 163-123 or other statutes;

(10) It shall be equipped for use in primary elections so that the voter may vote only in the primary election to which the voter is entitled to vote;

(11) When properly operated, it shall correctly register or record, and accurately count all votes cast for all ballot items;

(12) It shall contain a visible public counter that shall show at all times during an election the number of persons who have voted;

(13) It shall clearly indicate to the voter during the act of voting the ballot items the voter has selected;

(14) Vote totals for each ballot item shall be contained by a method that is locked and concealed at all times during the time the polls are open;

(15) It shall meet current Federal Voting System Standards or other applicable Federal Standards;

(16) It shall be suitably designed and durably constructed for the conduct of elections; and

(17) It shall be equipped to provide retrievable ballots during absentee voting where an absentee voter's ballot is linked to that voter for possible retrieval if it becomes necessary to take action as to that cast ballot.

History

Authority G.S. 163-22; 163-165.7
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004.

08 NCAC 04 .0302 Approval of Voting Systems {#sec-08-ncac-04-.0302 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0302}

(a) Before approving a voting system for use in North Carolina, the State Board of Elections shall do all of the following:

(1) Obtain a current financial statement from the proposed vendor and manufacturer's contact information (mail address, telephone and fax numbers, email address);

(2) Cause staff to review and appraise the voting system;

(3) Witness a demonstration of the voting system by the proposed vendor;

(4) Obtain a copy of Independent Testing Authority certification as authorized by National Association of State Elections Directors or Federal Agency;

(5) Ensure that a copy of the system's source code is held in escrow by a third party approved by the State Board of Elections for the purpose of taking custody of all source codes, including all revisions or modifications of source codes. Proprietary information is not subject to North Carolina Public Records laws;

(6) Any discussion of proprietary information by the State Board of Elections shall take place in Closed Session as authorized by the Open Meetings requirements of North Carolina law;

(7) Ensure performance of system complies with North Carolina laws and rules related to voting systems;

(8) Obtain a copy of the manufacturer's instructions and maintenance manual;

(9) Obtain a list of all jurisdictions currently using the voting system; and

(10) Review any other information made available to the Board.

(b) Modifications or Enhancement of Voting Systems. A change to any voting system or unit, including software and hardware modification, shall be submitted in writing for the review of the Executive Director of the State Board of Elections. Following the review, the Executive Director shall determine whether the change is a modification of the voting system as certified by the State Board of Elections. If it is determined to be a modification, the voting system as modified shall be submitted to the State Board of Elections for approval. If the Executive Director shall determine the change is an enhancement that does not substantially alter the voting system as certified by the State Board of Elections, the Executive Director may approve the enhancement and the review of the State Board of Elections shall not be required.

(c) Disapproval of Voting System. The State Board of Elections shall have the right to hear and act on complaints arising by petition or otherwise, on the failure or neglect of a voting system or vendor marketing a system to comply with any part of the election laws of the State of North Carolina or for any other satisfactory cause, including but not limited to, performance of the system in an election setting. Before exercising this power, the State Board of Elections shall notify the voting system vendor and/or county boards of elections affected and give opportunity to be heard at a hearing to be set by the State Board of Elections.

History

Authority G.S. 163-22; 163-165.7
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004.

08 NCAC 04 .0303 Official Ballot(s) to Be Used on Voting System {#sec-08-ncac-04-.0303 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0303}

History

Status: expired
Authority G.S. 163-22; 163-165.6
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 04 .0304 Operation and Matter of Voting on Voting Systems {#sec-08-ncac-04-.0304 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0304}

(a) Prior to the opening of the polls, the precinct officials shall open the voting system and examine the ballot for accuracy and examine the counters or other method to determine there is a zero balance. Any persons interested in viewing this procedure may observe but shall not interfere or impede the process. If the system prints a zero tape or other paper document, the document shall be maintained and secured in the manner prescribed by the manufacturer and the county board of elections.

(b) The voter shall follow the instructions contained on the voting system. Only official ballots shall be introduced into the voting system. Spoiled or damaged ballots shall not be introduced into the voting system. If a voter improperly marks or damages a ballot, it shall be returned to the precinct official, marked as spoiled and maintained as specified by the county board of elections. The voter may not receive a replacement ballot until the spoiled or damaged ballot is returned to the precinct official. The voter shall not be given more than three replacement ballots.

(c) Except as provided for curbside voting in G.S. 163-166.9, official ballots shall not leave the voting enclosure during the time that voting is being conducted there.

History

Authority G.S. 163-22; 163-165.7
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Readopted Eff. June 1, 2019.

08 NCAC 04 .0305 Instruction of Precinct Officials and Voters in the Use of Voting Systems {#sec-08-ncac-04-.0305 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0305}

(a) The chair of the county board of elections in a county where a voting system is used shall conduct an instructional meeting before any primary or election to instruct the precinct officials in the use of the voting system. The chair may use any persons deemed knowledgeable or useful to the instruction of the precinct officials. The instructions on the use and operation of the voting system shall be according to manufacturer's instructions furnished with the voting system, whether the system is purchased or leased by the county board of elections. The training shall be sufficient such that the precinct officials shall be qualified to instruct the voters on the use of the voting system.

(b) The chair of the county board of elections shall not permit a voting system to be used in any precinct in any election unless the chair is satisfied that the precinct officials of the precinct have learned to use and operate the system in accordance with the manufacturer's instructions. The county board of elections may require that precinct officials receive additional instruction on the use and operation of voting systems.

(c) A voter may request instruction for the proper use of the voting system from a precinct official. The precinct official shall provide such technical instruction to the voter but shall not seek to influence or intimidate the voter in any manner.

History

Authority G.S. 163-22; 163-165.7
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Readopted Eff. June 1, 2019.

08 NCAC 04 .0306 Duties of Custodians of Voting Systems {#sec-08-ncac-04-.0306 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0306}

(a) The chair of the county board of elections shall be responsible for the safekeeping, storage, maintenance and care of the voting system. The voting system shall be stored in a location such that access is restricted to county board of elections staff and the system cannot be tampered with when not in use on election day. The county board of elections may appoint as many persons as determined necessary for the maintenance, storage and care of the voting system and for the preparation and testing of the voting system and delivery to the voting precincts preceding a primary or an election. Persons employed for this purpose shall be compensated for their services as authorized by the county board of elections.

(b) On election day when the system is used for voting purposes and until the chair of the county board collects the system, the voting system shall be under the supervision and control of the chief judge unless the county board of elections authorizes another elections official to have supervision and control.

History

Authority G.S. 163-23; 163-165.7
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Readopted Eff. June 1, 2019.

08 NCAC 04 .0307 Testing of Voting System Before Use in an Election {#sec-08-ncac-04-.0307 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0307}

(a) The county board of elections shall test, or supervise the testing, of each voting system or unit that will be used in the election to ensure that the system is operational and has been programmed to count votes accurately. For the purpose of this Rule, "accurately" means in accordance with the procedures for Logic and Accuracy Testing as outlined in the North Carolina State Topical Elections Processes and Procedures (STEPPS) manual. There shall be a record maintained along with the voted and unvoted ballots at the county board of elections office that shall include, at a minimum, the following information:

(1) the dates, times and method of testing used;

(2) the results of the test; and

(3) the names of the persons conducting the test.

(b) Any interested person may observe the testing of the voting system but shall not interfere with or impede the process. For the purpose of testing a voting system prior to the purchase or lease of the system, testing at a one-stop absentee voting site shall fulfill the requirement to test the voting system in a precinct within the county.

History

Authority G.S. 163-22; 163-165.7
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Readopted Eff. June 1, 2019.

08 NCAC 04 .0308 Authorized Access to Voting System Information in Escrow {#sec-08-ncac-04-.0308 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0308}

(a) Subject to the provisions of this Rule, upon written request from a person or entity authorized under G.S. 163-165.7(a)(6) to a vendor of a certified voting system in this state, the vendor shall make available for review and examination any information placed in escrow under G.S. 163-165.9A to an authorized person. The person or entity making the request shall simultaneously provide a copy of the request to the State Board. Any request from the State chairs of a political party recognized under G.S. 163-96 shall be made no later than 90 days before the start of early voting in the state. This Rule does not address or restrict the pre-certification review of a vendor's source code under G.S. 163-165.7(e).

(b) Authorized Persons. Only authorized persons may review and examine the information placed in escrow by a voting system vendor. For the purpose of this Rule, "authorized person" means a person who:

(1) Is an agent:

(A) designated by majority vote in a public meeting by the State Board or a purchasing county's board of commissioners;

(B) designated in writing by the chair of a political party recognized under G.S. 163-96; or

(C) designated in writing by the Secretary of Department of Information Technology. No more than three people may be designated by an authorized entity under G.S. 163-165.7(f)(9);

(2) Has submitted to a criminal history record check, to be facilitated by the State Board, as provided for in G.S. 163-27.2(b) and has not been convicted of a disqualifying offense. Disqualifying offenses shall be all felonies, and any misdemeanors that involve theft, deception, the unlawful concealment or dissemination of information, falsification or destruction of records, or the unlawful access to information or facilities. The requirement to submit to a criminal history record check does not apply to State employees who have already submitted to a criminal history record check for State employment;

(3) Has submitted to the State Board a résumé detailing the person's experience with voting systems and information technology, to include any training or experience pertaining to computer code development or analysis;

(4) Has submitted to the State Board a sworn affidavit, under penalty of perjury, attesting that the person:

(A) has never been found by a court of law, administrative body, or former or current employer to have disclosed without authorization confidential information that the person had access to;

(B) has never been, either in their private capacity or in any capacity as an agent for another person or entity, subject to any civil or criminal claims alleging misappropriation of a trade secret, violation of confidentiality agreement or nondisclosure agreement, copyright infringement, patent infringement, or unauthorized disclosure of any information protected from disclosure by law, except to the extent any such claims were dismissed with prejudice and not pursuant to a settlement agreement;

(C) has never had a security clearance issued by a federal agency revoked for any reason other than expiration of the clearance;

(D) if granted access to review and examine the information placed in escrow, will not disclose or reveal any proprietary information to which the Authorized Person is granted access, pursuant to G.S. 132-1.2, to any person outside of the individuals or entities identified in G.S. 163-165.7(a)(6), testing and certification program staff at the U.S. Election Assistance Commission, election infrastructure security staff for the U.S. Department of Homeland Security's Cybersecurity and Infrastructure Security, or a court of law using the court's procedures to file such information under seal;

(E) will not disclose or reveal any feature, component, or perceived flaw or vulnerability of the information placed in escrow by a voting system vendor, pursuant to G.S. 132-1.7(a2), G.S. 132-1.7(b), and G.S. 132-6.1(c), to any person outside of other persons authorized under this Rule, the State Board, the vendor, testing and certification program staff at the U.S. Election Assistance Commission, election infrastructure security staff for the U.S. Department of Homeland Security's Cybersecurity and Infrastructure Security, or a court of law using the court's procedures to file such information under seal;

(F) will submit copies of any notes taken during the examination of the information in escrow to the State Board;

(G) acknowledges that, should the person disclose any information placed in escrow that is protected under state or federal law in contravention of Part (b)(4)(D) or (E) of this Rule, the person will be subject to any remedies provided by law which could include monetary damages; and

(H) will provide the vendor and the State Board with prompt written notice if the person becomes or is likely to be compelled by law to disclose any of the escrow information, will cooperate with the vendor and the State Board to obtain a protective order or other appropriate remedy, and, in the event any escrow information must be disclosed pursuant to legal compulsion, will disclose only the portion of information that the person is legally required to disclose in the written opinion of its counsel; and

(5) Consents in writing to searches of their person and effects, similar in nature to searches that members of the public submit to when entering the office buildings of the General Assembly, to be conducted upon entry into the secure facility described in Subparagraph (d)(1) of this Rule; and

(6) Is a citizen of the United States.

(c) Within 30 days of meeting the definition of an authorized person in Paragraph (b) of this Rule, the Executive Director of the State Board shall issue a written authorization to the person or entity making the request under Paragraph (a) of this Rule to review and examine information placed in escrow by a voting system vendor. The authorization shall be presented by the person or entity to the vendor prior to gaining access to such information under this Rule.

(d) Conditions of Access. When providing access to information in escrow pursuant to this Rule, the State Board and vendor shall ensure the following conditions are met:

(1) The information in escrow shall be made available by the vendor on up to three computers provided by the vendor (one for each potentially designated agent under G.S. 163-165.7(f)(9)) that are not connected to any network and are located within a secure facility, as described in Subparagraph (d)(3) of this Rule , designated by the State Board of Elections. Such computers shall be preloaded with software tools necessary for use in viewing, searching, and analyzing the information subject to review, including tools permitting automated source code review. Such computers shall have the following access controls:

(A) Credentials shall be traceable to individuals. Generic login accounts are not authorized. Sharing of accounts and reuse of credentials is prohibited. Each user must have their own assigned login account.

(B) Only one administrative account shall be present on the system to allow for the initial provisioning of necessary applications and setup of security controls.

(C) Where passwords are used to authenticate authorized individuals, login accounts shall use complex passwords. A sufficiently complex password is one that is not based on common dictionary words and includes no fewer than 10 characters, and includes at least one uppercase letter, one lowercase letter, one number, and a special character.

(D) Screen lock times shall be set to no longer than 10 minutes.

(E) All computers shall be locked or logged out from whenever they are not being attended and used.

(F) The entire hard drive on any computer must have full disk encryption. Where possible, the minimum encryption level shall be AES-256.

(G) After the information subject to review and software tools for viewing are loaded on the computers, all ports shall be sealed with tamper-evident seals.

(H) After the ports are sealed, no input/output or recording devices may be connected to the computers. The State Board shall provide for the secure storage of any equipment used for the duration of the review.

(2) The computers shall be air-gapped and shall not be connected to a network, and any feature allowing connection to a network shall be disabled. Prohibited network connections include the Internet, intranet, fax, telephone line, networks established via modem, or any other wired or wireless connection.

(3) The secure facility designated by the State Board under Subparagraph (1) of this Paragraph is the specific location where the computing equipment will be stored and the review conducted, and may be a secured portion of a building. All conduct within the facility shall meet the following conditions:

(A) For the entire review period, the facility shall be secured from access by any person not designated under Subparagraph (b)(1), Part (d)(3)(G), and Subparagraph (d)(7) of this Rule.

(B) Only individuals authorized under Subparagraph (b)(1), Part (d)(3)(G), and Subparagraph (d)(7) of this Rule may enter the facility. Such individuals shall present government-issued photo identification upon initial entry, and may be asked to show identification multiple times throughout the review period.

(C) Each time an individual accesses the facility, the State Board or its designee shall record the name of the individual, the time of their entry, the time of their departure, and a description of any materials brought in or out of the facility.

(D) All equipment used in the review, as specified in Subparagraph (d)(1) of this Rule, must remain in the facility during the review period.

(E) No authorized person pursuant to this Rule shall possess any removable media device, cell phone, computer, tablet, camera, wearable, or other outside electronic device within the facility where the person is accessing information in escrow.

(F) No authorized person shall attempt to connect the computers used in the review to any network.

(G) State personnel who are designated by the Executive Director of the State Board of Elections and who also satisfy the conditions set forth in Subparagraphs (b)(2) through (b)(5) shall have access to the facility where the review is being conducted at all times, to monitor the process and ensure that all requirements of this Rule are complied with.

(H) Persons entering the facility shall submit to inspection, as provided for in Subparagraph (b)(5), and shall be denied entry if they possess any unauthorized devices.

(I) State personnel designated pursuant to this subsection shall inspect the computers used in the review before and after the review for compliance with Subparagraphs (d)(1) and (d)(2).

(4) Authorized persons are permitted to perform manual source code review, and use code analysis tools as provided in Subparagraph (1) of this Paragraph, to analyze the source code. This source code review shall be performed using "read only" access and any authorized person shall use only the analysis tools preloaded on the computers, as described in Subparagraph (1) of this Paragraph, to examine the information placed in escrow.

(5) Any review performed pursuant to this Rule shall occur during the State Board's regular business hours and shall last no longer than 10 business days. Such review shall not occur during the period from the start of early voting through the conclusion of statewide canvassing of the vote.

(6) Authorized persons and the vendor are each responsible for bearing their own costs in conducting the review pursuant to G.S. 163-165.7(a)(6).

(7) Up to three representatives of the vendor may be designated in writing to the State Board by a corporate executive of the vendor to supervise the review at all times. Such representatives shall not interfere with the review and shall be afforded an opportunity to inspect the facility for compliance with these conditions prior to the review commencing. State Board staff designated under Subparagraph (3) of this Paragraph shall monitor the review, without obstructing the review process.

(e) Dispute Resolution. Any dispute that arises between an authorized person and a vendor concerning the execution of review pursuant to this Rule may be presented to the State Board of Elections in the form of a petition seeking relief. The party seeking such relief shall serve their petition on the opposing party, and the opposing party shall have 14 days to respond. The State Board shall make a decision on the petition based on the written submissions, or it may schedule a hearing to consider the petition.

History

Authority G.S. 132-1.2; 132-1.7; 132-6.1; 163-22; 163-27.2; 163-165.7; 163-165.9A; 163-166.7; 163-275; 42 U.S.C. 5195c
Eff. February 1, 2024.

08 NCAC 04 .0401 STANDARDS FOR CERTIFICATION OF eLECTRONIC POLL BOOKS {#sec-08-ncac-04-.0401 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0401}

(a) As used in this Chapter, an "electronic poll book" is a system (including hardware, software, and firmware) used to check the registration of voters who appear to vote in person, to assign voters their correct ballots, and to record the voters' check-in and acceptance of ballots. An electronic poll book shall, to qualify for certification by the State Board for use in any election in North Carolina, fulfill the following requirements:

(1) It shall record all information a voter is required by law to provide when presenting to vote and be equipped so that voters and election workers can complete the steps required by law for checking a voter's registration and the distribution of ballots to checked-in voters.

(2) It shall be equipped for use on any day the polls are open for in-person voting and shall contain the list of registered voters eligible to vote in the election.

(3) It shall verify a voter's eligibility to receive a ballot, confirm a voter has not previously voted in the election based on available records, and record a voter's check-in and receipt of a ballot.

(4) It shall log all user activity and that log shall be secured from unauthorized alteration and be available only to authorized users. It shall require the use of individual user accounts assigned to individual authorized users and not allow shared accounts for access to the electronic poll book. As used in this Chapter, an "authorized user" is an individual designated by the State Board or a purchasing county board of elections to operate and maintain the electronic poll book.

(5) It shall secure the data of the electronic poll book such that the data is stored in a manner that an unauthorized party will not be able to access the data.

(6) It shall secure the data contained within the electronic poll book such that the data is not transmitted or transported for any purpose except for official use in the conduct of an election or as otherwise authorized by law.

(7) It shall ensure that the voter data contained within the electronic poll book is not deleted without prompting by an authorized user, so that county elections personnel can comply with all applicable laws pertaining to records retention.

(8) It shall not allow access to confidential voter data, except for official use by authorized users.

(9) It shall meet applicable federal requirements for electronic poll books.

(10) It shall be reviewed by an independent testing authority accredited by or partnered with a federal agency for compliance with applicable state law.

(11) It shall be simple for election workers to set up and use, and any hardware shall be transportable to voting locations.

(12) It shall be compatible with systems, equipment, and software utilized by the State Board and county boards of elections for storing and processing voter registration and voting data.

(13) It shall allow for a wired connection to peripherals approved by the State Board, when certifying an electronic poll book pursuant to Rule .0402 of this Chapter, that are required for the operation of the electronic poll book and, as minimally required for functionality, allow for a secure network connection for the secure transmission of data with the state's electronic information management system, provided that the connection to the network is not automatically enabled by default upon powering on or opening the electronic poll book. All other forms of connectivity are prohibited.

(b) A vendor applying for certification by the State Board of Elections of an electronic poll book shall, as part of the certification application, fulfill the following requirements:

(1) The vendor shall submit the electronic poll book for examination, testing, and evaluation by the State Board. The vendor shall initiate the certification process by submitting a letter of application directed to the Executive Director of the State Board. A corporate officer or designee of the vendor shall sign the letter, and the letter shall include:

(A) The name and contact information of the company and the name and title of the corporate officer signing the application and all corporate information requested by the State Board.

(B) The vendor's corporate information. Corporate information shall include a history and description of the business, year established, products and services offered, areas served, branch office locations, and subsidiary or parent companies; a list of owners or shareholders with a five percent or greater interest or share in each of the vendor's company, subsidiary companies, and parent company; a description of management and staff organization, number of full-time employees by category, number of part-time employees by category, and resumes of employees to be tasked with assisting purchasing counties; documentation demonstrating that the vendor meets the same level of security compliance required for vendors connected to the State Network, as that term is defined in G.S. 143B-1370(a)(5)g.; a report showing the results of an independent audit of the business for its most current fiscal year; a comfort letter from the vendor's primary bank; and a description of the vendor's financial history including a financial statement for the past three fiscal years. If the vendor is not the manufacturer of the equipment for which application is made, the vendor shall include the vendor's financial statement for the past three fiscal years.

(C) The name and version number of the electronic poll book to be certified, and a list of all jurisdictions that have certified, have used, or are currently using the electronic poll book.

(D) An attestation that the corporate officer signing the application has reviewed and confirmed that the electronic poll book meets all legal requirements of electronic poll book systems under state and federal law.

(2) The vendor shall provide a listing of all software, hardware, and consumables necessary for operation of the electronic poll book, a technical data package, an accounting of any prior submission of the electronic poll book to another jurisdiction for certification, an accounting of any decertification of the vendor's electronic poll book or other voting product, and a demonstration of the system. The vendor shall provide access to the information required to be placed in escrow by a vendor pursuant to G.S. 163-165.9A.

(3) The vendor shall submit documentation of any review of the electronic poll book by an independent testing authority for compliance with federal or state standards, requirements, or guidance applicable to electronic poll books.

(4) The vendor shall provide a copy of its standard purchase contract and shall quote a statewide uniform price for each unit of the electronic poll book, including peripherals, consumables, and software required for operation of the electronic poll book.

(5) The vendor shall post a bond or letter of credit to cover damages resulting from defects in the electronic poll book, sufficient to cover any costs of conducting a new statewide election attributable to those defects. The State Board shall survey the county boards of elections in April of every odd-numbered year following an election held at the time prescribed in G.S. 163-1(c) to determine each county's costs for conducting its most recent general election, and the State Board shall aggregate those amounts to arrive at the cost of conducting a new statewide election. That aggregate amount shall determine the bond or letter of credit requirement, and it shall be effective June 1 of the year the survey is conducted and remain in effect until an amount is likewise calculated in a subsequent odd-numbered year following an election held at the time prescribed in G.S. 163-1(c) and is made effective.

(6) The vendor shall bear all of its costs associated with certification.

(1) The vendor fails to respond to a State Board request for information or other resources required to be provided under Paragraph (b) of this Rule for the certification process.

(2) The State Board identifies the lack of a necessary quality or element in the electronic poll book system, vendor, or certification application that cannot be remedied by the vendor and is required for certification under this Rule.

(3) The vendor withdraws from the certification process.

(d) A vendor, to maintain certification by the State Board of Elections of the vendor's electronic poll book, shall fulfill the following requirements for the duration of the electronic poll book's certification and use in North Carolina:

(1) The vendor shall conduct a presentation to demonstrate for a county board of elections, as part of that county board's procurement and acceptance of a certified electronic poll book, the system's ability to execute its designed functionality as presented and tested during State-level certification and the vendor's ability to fulfill the duties required by G.S. 163-165.9A.

(2) The vendor shall submit to the State Board any escrow-related affidavits and other information required by G.S. 163-165.9A.

(3) The vendor's contract with each purchasing county shall include the agreement required by G.S. 163-165.7(c)(4) and the following training and support:

(A) Operational training for a purchasing county's elections personnel;

(B) Operational support prior to and during any election in which the certified electronic poll book will be in use; and

(C) End-of-life and end-of-service-life planning for the certified electronic poll book system, including guaranteed support until the system has reached the vendor's stated end-of-life date, optional extended support until the system has reached the end-of-service-life date, and sanitization of the electronic poll book once it has reached its end-of-service-life. End-of-life shall mean the point in time in which the vendor will no longer sell or market the electronic poll book. End-of-service-life shall mean the point in time in which the vendor will no longer provide maintenance or support for the electronic poll book.

(4) The vendor shall provide, upon request by the State Board or a purchasing county, memory devices or USB drives, sufficient in number to support the operation of the certified electronic poll book in an election setting, that meet industry standards for sanitization and security requirements for cryptographic modules, use cryptographic hashing algorithms of Secure Hash Algorithm 256-bit (SHA-256) or higher, and meet all applicable North Carolina Department of Information Technology information security standards. The standard for sanitization shall be as prescribed in National Institute of Standards and Technology (NIST) SP 800-88 Guidelines for Media Sanitization, including subsequent amendments and editions. A copy of the SP 800-88 Guidelines are available for inspection in the offices of the State Board of Elections and may also be obtained at no cost by accessing the NIST website at https://csrc.nist.gov/pubs/sp/800/88/r1/final. The security requirements for cryptographic modules shall be as prescribed in the National Institute of Standards and Technology's Federal Information Processing Standards 140-3 (FIPS 140-3), including subsequent amendments and editions. A copy of the FIPS 140-3 is available for inspection in the offices of the State Board of Elections and may also be obtained at no cost by accessing the NIST website at https://csrc.nist.gov/pubs/fips/140-3/final.

(5) The vendor shall allow the State Board to examine the certified electronic poll book at any time to ensure compliance with state and federal election laws and certification standards. To facilitate this requirement, the vendor shall make available to the State Board, upon request and at no cost to the agency, a certified electronic poll book model. The vendor shall, upon request, assist in the State Board's examination and submit requested changes to the electronic poll book to the State Board to ensure continued compliance with state and federal law.

(6) The vendor shall submit documentation to the State Board identifying and describing a proposed change to a certified electronic poll book in use in North Carolina. The vendor shall, upon request, assist in the State Board's review of proposed changes. No vendor shall provide a county board of elections any software, firmware, hardware, or instruction that will change a certified electronic poll book unless that change has first been approved in accordance with Rule .0402(b) of this Chapter.

(7) The vendor shall provide electronic notice to the State Board of another United States jurisdiction's decision to decertify or halt the use of its electronic poll book or other voting product within 24 hours of the jurisdiction's decision. The vendor shall provide electronic notice to the State Board of any incident, anomaly, or defect in the same system known to have occurred anywhere, and of any relevant defect known to have occurred in similar systems, within 24 hours of knowledge of the incident, anomaly, or defect.

(8) The vendor shall maintain the required bond or letter of credit on a continuous basis, without interruption.

(9) The vendor shall, on a quarterly basis, provide the State Board a quote for a statewide uniform price for each unit of the electronic poll book. The vendor shall, on a quarterly basis, furnish the State Board with an accounting of purchases of certified electronic poll books by a jurisdiction within North Carolina.

(e) In accordance with G.S. 163-165.7, compliance with this Rule shall not be required of an electronic poll book which is developed or maintained by the State Board of Elections for that electronic poll book to be used in an election in North Carolina.

History

Authority G.S. 163-22; 163-165.7; 163-165.9A; 163-166.7
Eff. April 1. 2024.

08 NCAC 04 .0402 Procedures for Certification of Electronic Poll Books {#sec-08-ncac-04-.0402 omnilex-key=us-nc-regs-official--title-08--08 NCAC 04 .0402}

(a) Before certifying an electronic poll book for use in North Carolina, the State Board shall do the following:

(1) Evaluate the electronic poll book for compliance with North Carolina laws and rules related to electronic poll books.

(2) Examine an electronic poll book's system functions, operational procedures, user guides and maintenance manuals, certification reports from other states, reviews from product users, and any other documentation provided by the vendor.

(3) Test the electronic poll book for its ability to meet the requirements in Rule .0401 of this Chapter.

(4) Obtain from the proposed vendor a current financial statement and the manufacturer's contact information.

(b) Changes to Certified Electronic Poll Books. A vendor shall submit in writing for the review of the Executive Director of the State Board of Elections any change to a certified electronic poll book, including changes to its software, firmware, or hardware, prior to implementation in a certified electronic poll book in use in any county's elections. Following the review, the Executive Director shall determine whether the change is a modification or minor change of the certified electronic poll book. "Minor change" shall have the same meaning as that term is defined in Section 3.5 of Version 3.0 of the United States Election Assistance Commission's Voting System Testing & Certification Program Manual, not including subsequent amendments and editions. Minor changes can include manufacturer enhancements. A copy of the Manual is available for inspection in the offices of the State Board of Elections. A copy of the Manual may be obtained at no cost by accessing the website of the Election Assistance Commission at https://www.eac.gov/voting-equipment/manuals-and-forms. A "modification" is a change to a certified electronic poll book that is not a minor change. Based on this determination, the Executive Director shall proceed as follows:

(1) If it is determined to be a modification, the vendor shall submit the electronic poll book as modified to the State Board of Elections for full review of its ability to meet the requirements in Rule .0401 of this Chapter.

(2) A vendor that proposes to implement a minor change to a certified electronic poll book shall, when submitting the proposal to the Executive Director for review and approval, identify whether the proposed minor change has been submitted to an independent testing authority accredited by or partnered with a federal agency for review and endorsement. If the State Board is unable to determine the nature and extent of a proposed minor change on the certified electronic poll book, the State Board may require the vendor to obtain review and endorsement by an independent testing authority accredited by or partnered with a federal agency before approving the minor change. The Executive Director shall make a written recommendation for administrative decision on the proposed minor change to the State Board. The State Board will then act on the recommendation as follows:

(A) If, after two calendar days following the transmission of the recommendation, no State Board member has raised an oral or written objection to the Executive Director's recommendation, the recommendation will become effective.

(B) If a State Board member raises an oral or written objection to the Executive Director's recommendation within two calendar days following the transmission of the recommendation, the State Board shall hear the matter or require the change to be reviewed as a modification.

A county board of elections using an electronic poll book certified by the State Board shall not implement a change to the electronic poll book until that change has been approved in accordance with this Paragraph.

(c) Decertification of Electronic Poll Book. The State Board of Elections shall hear and act on complaints, arising by petition or otherwise, that may result in the decertification of an electronic poll book in use in North Carolina. The State Board shall base its decision to decertify an electronic poll book on any of the following grounds:

(1) The failure or neglect of an electronic poll book or its vendor to comply with any part of the election laws of the State of North Carolina, including a failure to adhere to and fulfill the requirements of Rule .0401 of this Chapter.

(2) The implementation by a vendor of a change to a certified electronic poll book prior to State Board review and approval pursuant to Paragraph (b) of this Rule.

(3) The failure or neglect of a vendor to update and maintain the operability and security of the electronic poll book.

(4) The failure of the electronic poll book to satisfy all performance standards in Rule .0401 of this Chapter in examination and testing, or in an election setting.

(5) The failure of the vendor to comply with the requirement in Rule .0401(d)(7) of this Chapter to provide electronic notice to the State Board of an incident or anomaly affecting the electronic poll book in any jurisdiction. As used in this Chapter, an "incident" is an event related to the security or functioning of the electronic poll book that contributed to, caused, or may have caused any of the following:

(A) An interruption to the voter check-in process, reporting process, or both processes.

(B) An unauthorized disclosure of voter information.

(D) The software or data of the electronic poll book to become unreliable or corrupt.

As used in this Chapter, an "anomaly" is an unexpected functioning of the electronic poll book in its operation.

(6) The failure of the vendor to report in writing to the State Board a change in the vendor's corporate information provided with the certification application. The vendor shall make the report within 30 calendar days of the change.

(7) The electronic poll book reaching its end-of-service-life date.

Before exercising its power to decertify an electronic poll book, the State Board shall notify the electronic poll book vendor and any affected county boards of elections, and shall give the opportunity for the vendor and county boards to be heard at a hearing to be set by the State Board. The State Board's written decision to decertify an electronic poll book shall be considered a final decision for purposes of seeking judicial review. An electronic poll book that has been decertified by the State Board cannot be used for elections held in the State of North Carolina and cannot be purchased by a county board of elections. Upon decertification of an electronic poll book, the memory of those units in the possession of a county board of elections shall be sanitized by the county board of elections in accordance with the applicable North Carolina Department of Information Technology information security standard for media sanitization, including subsequent amendments and editions, prior to disposition.

(d) Suspension of Electronic Poll Book. The Executive Director of the State Board shall, in the event of a threat to the integrity of an election or the privacy of voter information, issue a written order to a county board of elections to suspend the use of a certified electronic poll book system, or individual unit, for a term not to exceed one month. The Executive Director shall give written notice of the suspension to the electronic poll book vendor.

(e) In accordance with G.S. 163-165.7, this Rule shall not apply to an electronic poll book which is developed or maintained by the State Board of Elections.

History

Authority G.S. 163-22; 163-165.7; 163-165.9A; 163-166.7
Eff. April 1, 2024.

Chapter 05 Modified Full Time Registration System

08 NCAC 05 .0101 Plans of Registration {#sec-08-ncac-05-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 05 .0101}

History

Status: expired
Authority G.S. 163-67(a),(b)
Eff. March 12, 1976
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 05 .0102 Deadline for Adoption {#sec-08-ncac-05-.0102 omnilex-key=us-nc-regs-official--title-08--08 NCAC 05 .0102}

History

Status: expired
Authority G.S. 163-67(a),(b)
Eff. March 12, 1976
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 05 .0103 Exception: Modified Plans {#sec-08-ncac-05-.0103 omnilex-key=us-nc-regs-official--title-08--08 NCAC 05 .0103}

History

Status: expired
Authority G.S. 163-67(a),(b)
Eff. March 12, 1976
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 05 .0104 Adoption of Plan a or Plan B Required {#sec-08-ncac-05-.0104 omnilex-key=us-nc-regs-official--title-08--08 NCAC 05 .0104}

History

Status: expired
Authority G.S. 163-67(a),(b)
Eff. March 12, 1976
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 05 .0105 Adoption of Full-Time Registration Required {#sec-08-ncac-05-.0105 omnilex-key=us-nc-regs-official--title-08--08 NCAC 05 .0105}

History

Status: expired
Authority G.S. 163-67(a),(b)
Eff. March 12, 1976
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 05 .0106 Plan a {#sec-08-ncac-05-.0106 omnilex-key=us-nc-regs-official--title-08--08 NCAC 05 .0106}

History

Status: expired
Authority G.S. 163-67(a),(b)
Eff. March 12, 1976
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 05 .0107 Plan B {#sec-08-ncac-05-.0107 omnilex-key=us-nc-regs-official--title-08--08 NCAC 05 .0107}

History

Status: expired
Authority G.S. 163-67(a),(b)
Eff. March 12, 1976
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 05 .0108 Plan C {#sec-08-ncac-05-.0108 omnilex-key=us-nc-regs-official--title-08--08 NCAC 05 .0108}

History

Status: expired
Authority G.S. 163-67(a),(b)
Eff. March 12, 1976
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 05 .0109 Plan D {#sec-08-ncac-05-.0109 omnilex-key=us-nc-regs-official--title-08--08 NCAC 05 .0109}

History

Status: expired
Authority G.S. 163-67(a),(b)
Eff. March 12, 1976
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 05 .0110 Notification of Plan Adoption {#sec-08-ncac-05-.0110 omnilex-key=us-nc-regs-official--title-08--08 NCAC 05 .0110}

History

Status: expired
Authority G.S. 163-67(a),(b)
Eff. March 12, 1976
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 05 .0111 Modified full-time offices {#sec-08-ncac-05-.0111 omnilex-key=us-nc-regs-official--title-08--08 NCAC 05 .0111}

County board of elections offices in counties with fewer than 6,501 registered voters may operate office hours on Mondays, Wednesdays, and Fridays upon approval of the county board of elections. For the purposes of this Rule, office hours means hours consistent with the hours observed by county government of that county.

History

History: Authority G.S. 163A-776
Eff. December 1, 2018.

Chapter 06 Partisan Elections

Subchapter A

08 NCAC 06A .0101 Split Ticket {#sec-08-ncac-06a-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 06A .0101}

History

Status: repealed
Filed as a Temporary Rule Eff. July 31, 1984, for a period of 120 days to expire on November 28, 1984
Authority G.S. 1099, Session Laws of 1983 (Regular Session, 1984)
Eff. November 1, 1984
Repealed Eff. June 1, 1988
Recodified from 08 NCAC 06 to 08 NCAC 06A Eff. April 15, 2002.

08 NCAC 06A .0102 Marking Party Circle and Cross Over Write-Ins {#sec-08-ncac-06a-.0102 omnilex-key=us-nc-regs-official--title-08--08 NCAC 06A .0102}

History

Status: repealed
Filed as a Temporary Rule Eff. July 31, 1984, for a period of 120 days to expire on November 28, 1984
Authority G.S. 1099, Session Laws of 1983 (Regular Session, 1984)
Eff. November 1, 1984
Repealed Eff. June 1, 1988
Recodified from 08 NCAC 06 to 08 NCAC 06A Eff. April 15, 2002.

08 NCAC 06A .0103 Multi-Candidate Offices {#sec-08-ncac-06a-.0103 omnilex-key=us-nc-regs-official--title-08--08 NCAC 06A .0103}

History

Status: repealed
Filed as a Temporary Rule Eff. July 31, 1984, for a period of 120 days to expire on November 28, 1984
Authority G.S. 1099, Session Laws of 1983 (Regular Session, 1984)
Eff. November 1, 1984
Repealed Eff. June 1, 1988
Recodified from 08 NCAC 06 to 08 NCAC 06A Eff. April 15, 2002.

Subchapter B

08 NCAC 06B .0101 General Ballot Guidelines {#sec-08-ncac-06b-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 06B .0101}

History

Status: expired
Authority G.S. 163-22; 163-165.3; 163-165.4
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 06B .0102 Use of Paper Ballots Where Voting Systems Are Used {#sec-08-ncac-06b-.0102 omnilex-key=us-nc-regs-official--title-08--08 NCAC 06B .0102}

History

Status: expired
Authority G.S. 163-22; 163-165.3; 163-165.4
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 06B .0103 Arrangement of Official Ballots {#sec-08-ncac-06b-.0103 omnilex-key=us-nc-regs-official--title-08--08 NCAC 06B .0103}

(a) After the close of the filing period, the State Board of Elections shall certify to the county boards of elections the order of the offices and candidate names to be voted on the official ballot. The State Board of Elections shall provide the text and arrangement of referenda to be voted on the official ballot.

(b) The order of precedence for ballot items shall be as follows:

(1) Federal Offices:

(A) President and Vice President of the United States

(B) US Senate

(2) State Offices:

(A) NC Governor

(B) NC Lieutenant Governor

(D) NC Auditor

(E) NC Commissioner of Agriculture

(F) NC Commissioner of Insurance

(G) NC Commissioner of Labor

(H) NC Secretary of State

(I) NC Superintendent of Public Instruction

(J) NC Treasurer

(K) NC Supreme Court Chief Justice

(L) NC Supreme Court Associate Justice, in numerical order by seat number

(M) NC Court of Appeals Judge, in numerical order by seat number

(3) District offices:

(A) NC Senate

(B) NC House of Representatives

(D) NC District Court Judge

(E) NC District Attorney

(4) Partisan county offices

(5) Partisan municipal offices

(6) Nonpartisan county offices

(7) Nonpartisan municipal offices

(8) Referenda in the order of precedence established in G.S. 163-165.6(h), unless the voting system design requires referenda to be before candidate ballot items.

Ballot items for offices in the same class shall be listed in alphabetical order by office name or in numerical or alphabetical order by district name. Ballot items for full terms of an office shall be listed before ballot items for partial terms of the same office. The term of the unexpired office only shall be listed as part of the title of the office.

(c) Names of candidates shall be printed in the exact form either certified by the State Board of Elections for those candidates who are required to file the Notice of Candidacy with the State Board of Elections, by convention or by petition. Candidates for all offices shall provide their name as it is to appear on the ballot. Candidates may request in writing a change in the manner that their name is to appear on the ballot during the time the filing period is open.

History

Authority G.S. 163-22; 163-165.6
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Readopted Eff. June 1, 2019
Amended Eff. January 1, 2022.

08 NCAC 06B .0104 Late Changes in Ballots {#sec-08-ncac-06b-.0104 omnilex-key=us-nc-regs-official--title-08--08 NCAC 06B .0104}

After the official ballots for a general or special election have been printed and the absentee voting period has begun, the death, resignation, or disqualification of a candidate whose name appears on the official ballots shall not require that the ballots be reprinted. If the vacancy occurs before the absentee voting period begins, the responsible county board of elections, or State Board of Elections if the contests spans more than one county, may determine whether it is practical to have the ballots reprinted with the name of the replacement nominee as authorized by G.S. 163-114. If the ballots are not reprinted, a vote cast for the candidate whose name is printed on the ballot shall be counted as a vote for the replacement nominee.

History

Authority G.S. 163-22; 163-165.3
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Readopted Eff. June 1, 2019.

08 NCAC 06B .0105 Counting of Official Ballots {#sec-08-ncac-06b-.0105 omnilex-key=us-nc-regs-official--title-08--08 NCAC 06B .0105}

(a) Following the close of the polls the official ballots shall be counted in accordance with G.S. 163-182.1(a). Precinct officials shall follow the procedures specified by the voting system manufacturer and in compliance with G.S. 163-182.1 and 163-182.2. The counting of the ballots shall be completed in the presence of the precinct election officials, observers, and any persons desiring to observe the count. All official ballots shall be counted at the precinct unless authorized by the State Board of Elections.

(b) The counting of the ballots at the precinct shall be continuous until completed. From the time the counting of the ballots is begun until the votes are counted and the requisite documentation, including results tapes, is signed, certified as required, and delivered to the chief judge or judge chosen to deliver the documentation to the county board of elections, the precinct chief judge and judges shall not separate, nor shall any of them leave the voting place except for unavoidable necessity, in which case the chief judge or judge who left the polling place shall not be permitted to return to the polling place. Unavoidable necessity means an emergency as determined by the departing precinct official.

(d) When the counting is completed the chief judge or his or her designee shall verbally announce the results at the precinct. The announcement of the results shall state the results are unofficial. The unofficial results shall be transmitted to the county board of elections in the manner determined by the county board of elections and the voting system. This report shall be unofficial and shall have no binding effect upon the official county canvass to follow. As soon as the precinct reports are received, the chair, secretary or designee shall publish the unofficial reports to the news media.

(e) Provisional official ballots shall be counted by the county board of elections before the canvass. If the county board finds that an individual voting a provisional official ballot is not eligible to vote in one or more ballot items on the official ballot, the board shall not count the official ballot in those ballot items, but shall count the official ballot in any ballot items for which the individual is eligible to vote.

History

Authority G.S. 163-22; 163-47(a); 163-182.1; 163-182.2
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Readopted Eff. June 1, 2019.

Chapter 07 Faxing and Electronic Transfer of Voting Information

Subchapter B

08 NCAC 07B .0101 Submitting Voter Registration and Changes of Party Affiliation {#sec-08-ncac-07b-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 07B .0101}

History

Status: expired
Authority G.S. 163-22; 163-82.6; 163-82.15
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 07B .0102 Accepting Voter Registration Applications {#sec-08-ncac-07b-.0102 omnilex-key=us-nc-regs-official--title-08--08 NCAC 07B .0102}

History

Status: expired
Authority G.S. 163-22; 163-82.6; 163-82.15
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

Chapter 08 The Voting Accessibility for the Elderly and Handicapped Act

08 NCAC 08 .0101 Handicapped Transfer {#sec-08-ncac-08-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 08 .0101}

History

Status: expired
Authority P.L. 98-435; S.L. 1985, c. 4, (Extra Session 1986)
Eff. March 24, 1986
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 08 .0102 Notarization Regarding Absentee Voting by Handicapped {#sec-08-ncac-08-.0102 omnilex-key=us-nc-regs-official--title-08--08 NCAC 08 .0102}

History

Status: expired
Authority P.L. 98-435; S.L. 1985, c. 4, (Extra Session 1986)
Eff. March 24, 1986
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 08 .0103 Curbside Voting Hours Extended {#sec-08-ncac-08-.0103 omnilex-key=us-nc-regs-official--title-08--08 NCAC 08 .0103}

History

Status: expired
Authority P.L. 98-435; S.L. 1985, c. 4, (Extra Session 1986)
Eff. April 9, 1986
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 08 .0104 Handicapped Transfer Prior to Election Day {#sec-08-ncac-08-.0104 omnilex-key=us-nc-regs-official--title-08--08 NCAC 08 .0104}

History

Authority G.S. 163-69.2
Temporary Rule Eff. April 18, 1988 for a period of 136 days to expire on August 31, 1988
ARRC Objection May 19, 1988
Eff. October 1, 1988
RRC Objection August 16, 2018 and rule returned to the agency on June 1, 2019..

Chapter 09 Conduct of Vote Recounts by County Boards of Elections

08 NCAC 09 .0101 Recounts to Follow Customary Procedures {#sec-08-ncac-09-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 09 .0101}

History

Status: repealed
Authority G.S. 163-179.1; 163-192.1
ARRC Objection May 19, 1988
Temporary Rule Eff. April 18, 1988 for a period of 136 days to expire on August 31, 1988
Expired Eff. August 31, 1988
Eff. October 1, 1988
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 09 .0102 Locations of Recounts {#sec-08-ncac-09-.0102 omnilex-key=us-nc-regs-official--title-08--08 NCAC 09 .0102}

History

Status: repealed
Authority G.S. 163-179.1; 163-192.1
ARRC Objection May 19, 1988
Temporary Rule Eff. April 18, 1988 for a period of 136 days to expire on August 31, 1988
Expired Eff. August 31, 1988
Eff. October 1, 1988
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 09 .0103 Notice of Recount {#sec-08-ncac-09-.0103 omnilex-key=us-nc-regs-official--title-08--08 NCAC 09 .0103}

History

Status: repealed
Authority G.S. 163-179.1; 163-192.1
ARRC Objection May 19, 1988
Temporary Rule Eff. April 18, 1988 for a period of 136 days to expire on August 31, 1988
Expired Eff. August 31, 1988
Eff. October 1, 1988
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 09 .0104 Officials Conducting Recount {#sec-08-ncac-09-.0104 omnilex-key=us-nc-regs-official--title-08--08 NCAC 09 .0104}

History

Status: repealed
Authority G.S. 163-179.1; 163-192.1
ARRC Objection May 19, 1988
Temporary Rule Eff. April 18, 1988 for a period of 136 days to expire on August 31, 1988
Expired Eff. August 31, 1988
Eff. October 1, 1988
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 09 .0105 Challenge of Recount Procedures {#sec-08-ncac-09-.0105 omnilex-key=us-nc-regs-official--title-08--08 NCAC 09 .0105}

History

Status: repealed
Authority G.S. 163-179.1; 163-192.1
ARRC Objection May 19, 1988
Temporary Rule Eff. April 18, 1988 for a period of 136 days to expire on August 31, 1988
Expired Eff. August 31, 1988
Eff. October 1, 1988
Temporary Repeal Eff. April 15, 2002
Repealed Eff. August 1, 2004.

08 NCAC 09 .0106 General Guidelines {#sec-08-ncac-09-.0106 omnilex-key=us-nc-regs-official--title-08--08 NCAC 09 .0106}

(a) Prior to each recount under G.S. 163-182.7, 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.

(d) In conducting hand to eye recounts or recounts of paper ballots, a bipartisan team of four shall be used: 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 with each of the two 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 to the bipartisan team an unaffiliated voter or voter affiliated with one of the other political parties. In no instance shall the county board appoint more than two members to a bipartisan team who are unaffiliated or affiliated with one of the other political parties. Bipartisan team members shall be registered voters in the State. 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 recount within 24 hours after a discretionary recount in G.S. 163-182.7(a) or by noon on the next business day of the county board 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 sample recount within 24 hours after a mandatory machine recount, pursuant to G.S. 163-182.7A.

(g) Any candidate shall have the right to file an election protest within 24 hours after a recount is 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

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.

08 NCAC 09 .0107 first recouNt {#sec-08-ncac-09-.0107 omnilex-key=us-nc-regs-official--title-08--08 NCAC 09 .0107}

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. 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). 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. 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

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.

08 NCAC 09 .0108 REcount of DIRECT RECORD ELECTRONIC VOTING MACHINES {#sec-08-ncac-09-.0108 omnilex-key=us-nc-regs-official--title-08--08 NCAC 09 .0108}

History

Status: repealed
Authority G.S. 163-22; 163-182.7
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Readopted Eff. June 1, 2019
Repealed Eff. September 1, 2021.

08 NCAC 09 .0109 Guidelines for Determining Voter Intent {#sec-08-ncac-09-.0109 omnilex-key=us-nc-regs-official--title-08--08 NCAC 09 .0109}

(a) As provided in G.S. 163-182.1(a), voter intent is the governing standard when questions arise about how to adjudicate markings on a ballot. Questions about voter intent may arise during a hand-to-eye recount if a voter marks the ballot in an inappropriate manner, places marks in the wrong location on the ballot, or otherwise marks the ballot in a manner that causes the voter's choice to be in dispute. Determinations of voter intent shall be made by the county board. If the bipartisan team of four provided for in 08 NCAC 09 .0106(d) encounters a ballot that cannot be clearly identified as a vote for one candidate or another, the ballot must be set aside. During a hand-to-eye audit or recount, all ballots with a potential overvote or undervote shall be adjudicated by the county board at the conclusion of the tallying by the bipartisan team. If the subject to the recount was left blank—meaning there are no marks in the target or candidate area for the contest—the county board shall not need to determine voter intent and the ballot shall not be counted for any candidate in that contest.

(b) For purposes of this Rule, the following definitions apply:

(1) "Target area" is the square or oval next to the candidate's name on the printed ballot.

(2) "Candidate area" is the area between the lines separating candidate names, or the area that is clearly closer to one candidate's name than another, and includes the candidate's name and party affiliation, if listed.

(c) For any printed ballot that is to be counted hand-to-eye, the following guidelines shall be used in determining voter intent:

(1) Any ballot that is properly marked in the target area for one candidate only shall be designated as a vote for that candidate.

(2) If the names of all but one candidate are stricken through, the ballot shall be counted for the one candidate whose name was not stricken through.

(3) If there are identical marks for two or more candidates, clarified by an additional or different mark or marks that appear to indicate support for one candidate, the ballot shall be counted as a vote for the candidate with the additional or different marks.

(4) Any ballot that has any other mark or marks in the target area or candidate area for one candidate only, including circling the target area, the candidate's name, or both, or making a mark in or around the target area or candidate's name, provided no other candidate for that office is similarly marked, shall be counted as a vote for that candidate.

(5) Any ballot that has a mark or marks in the target area or candidate area for one candidate, which extends partially into one or more other target areas or candidate areas, shall be counted as a vote for the candidate so marked only if a majority of the mark is in that candidate's area or target area, it is readily apparent that the voter intended to vote for that candidate, and no other candidate is similarly marked.

(6) Marks extending across more than one candidate's area may be counted if the lines of the "x" or the bottom point of the check mark clearly lie inside the box or on top of the name or party affiliation or candidate area of one candidate, and no other candidate is similarly marked.

(7) Any ballot that has a mark in the target area or candidate area for one candidate, and on which other marks in the target areas or candidate areas for any other candidates have been partially erased, scratched out, or otherwise obliterated, shall be counted as a vote for the candidate for which the mark was not erased, scratched out, or otherwise obliterated, provided no other candidate is similarly marked.

(8) Any ballot that has a mark that is clearly next to (either before or after) a candidate's name, or across the name, shall be recognized as a mark for that candidate. Similarly, a mark between or over the "timing marks" of the ballot, that are clearly opposite or next to one candidate's name and not near another candidate's name, shall be recognized as a mark.

(9) A mark that is between or across more than one candidate's name, candidate area, or target area shall not be recognized as a vote.

(10) Any writing or comment on the ballot (other than a write-in) that clearly indicates the voter's support for one and only one candidate for the office, and that cannot be interpreted as a comment in favor of any other candidate in that election, shall be counted as a vote for that candidate.

(11) Any ballot that is marked for more than one candidate for the office shall be deemed an overvote and no vote shall be counted for that ballot item.

(12) Any ballot on which there is no mark under the office, or any other mark or comment indicating support for a candidate for the office, is an undervote and shall not be counted as a vote for any candidate.

(13) A mark that is clearly a negative or extraneous comment, or that indicates the voter's opposition to one or more candidates, shall be considered an undervote, provided the ballot is not so marked to indicate which candidate the voter supports.

(14) If a substantial part of the candidate's name is crossed through or stricken out, the mark shall be considered an undervote and shall not be counted.

Examples of these guidelines applied to ballot markings are located in Numbered Memo 2020-32 on the State Board of Elections' website, http://www.ncsbe.gov.

History

Authority G.S. 163-22; 163-182.7
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
RRC Objection August 16, 2018 and rule returned to agency on June 1, 2019
Eff. September 1, 2021.

08 NCAC 09 .0110 SECONDARY REcountS {#sec-08-ncac-09-.0110 omnilex-key=us-nc-regs-official--title-08--08 NCAC 09 .0110}

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 business days of the demand for a hand-to-eye recount, whether that recount is a sample recount or a full recount.

History

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.

Chapter 10 Ballot Rotation Rules For Primary Election Ballots

Subchapter A

08 NCAC 10A .0101 Requirements for Equipment Vendors {#sec-08-ncac-10a-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 10A .0101}

History

Status: expired
Authority G.S. 163-22; 163-140(c)(3); 163-160; 163-160.1
Temporary Adoption Eff. May 1, 2000
Temporary Adoption Expired on December 10, 2000
Recodified from 08 NCAC 10 to 08 NCAC 10A Eff. April 15, 2002.

08 NCAC 10A .0102 List of Qualified Voting Systems {#sec-08-ncac-10a-.0102 omnilex-key=us-nc-regs-official--title-08--08 NCAC 10A .0102}

History

Status: expired
Authority G.S. 163-22; 163-140(c)(3); 163-160; 163-160.1
Temporary Adoption Eff. May 1, 2000
Temporary Adoption Expired on December 10, 2000
Recodified from 08 NCAC 10 to 08 NCAC 10A Eff. April 15, 2002.

08 NCAC 10A .0103 Candidate Names to Be Rotated for Paper Ballots and Some Voting {#sec-08-ncac-10a-.0103 omnilex-key=us-nc-regs-official--title-08--08 NCAC 10A .0103}

History

Status: expired
Authority G.S. 163-22; 163-140(c)(3); 163-160; 163-160.1
Temporary Adoption Eff. May 1, 2000
Temporary Adoption Expired on December 10, 2000
Recodified from 08 NCAC 10 to 08 NCAC 10A Eff. April 15, 2002.

08 NCAC 10A .0104 Rotation Not Required for Mail-in Absentee Ballots {#sec-08-ncac-10a-.0104 omnilex-key=us-nc-regs-official--title-08--08 NCAC 10A .0104}

History

Status: expired
Authority G.S. 163-22; 163-140(c)(3); 163-160; 163-160.1
Temporary Adoption Eff. May 1, 2000
Temporary Adoption Expired on December 10, 2000
Recodified from 08 NCAC 10 to 08 NCAC 10A Eff. April 15, 2002.

08 NCAC 10A .0105 Replacement Voting Systems Must Permit Candidate Name Rotation {#sec-08-ncac-10a-.0105 omnilex-key=us-nc-regs-official--title-08--08 NCAC 10A .0105}

History

Status: expired
Authority G.S. 163-22; 163-140(c)(3); 163-160; 163-160.1
Temporary Adoption Eff. May 1, 2000
Temporary Adoption Expired on December 10, 2000
Recodified from 08 NCAC 10 to 08 NCAC 10A Eff. April 15, 2002.

08 NCAC 10A .0106 Significant Additional Expense {#sec-08-ncac-10a-.0106 omnilex-key=us-nc-regs-official--title-08--08 NCAC 10A .0106}

History

Status: expired
Authority G.S. 163-22; 163-140(c)(3); 163-160; 163-160.1
Temporary Adoption Eff. May 1, 2000
Temporary Adoption Expired on December 10, 2000
Recodified from 08 NCAC 10 to 08 NCAC 10A Eff. April 15, 2002.

Subchapter B

08 NCAC 10B .0101 TASKS AND DUTIES OF PRECINCT OFFICiALS AT VOTING PLACES {#sec-08-ncac-10b-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 10B .0101}

(a) For purposes of this Chapter, unless otherwise noted, the term "precinct officials" shall mean chief judge, precinct judge, assistants, emergency election-day assistants, and ballot counters.

(b) Tasks of Precinct Chief Judge - Precinct Chief Judges, in accordance with election statutes, within the Rules of the State Board of Elections, and under the supervision of the county board of elections, shall have the following tasks to perform as to each primary or election:

(1) attend an instructional meeting presented by the county board of elections prior to each primary or election as required by G.S. 163-46;

(2) upon learning that any parent, spouse, child, or sibling of the Precinct Chief Judge has filed for elective office, inform the county board of elections so that the county board of elections may disqualify the Precinct Chief Judge under G.S. 163-41.1(b) for the specific primary or election involved;

(3) upon learning that any parent, parent in-law, spouse, child, child in-law, sibling, or sibling in-law of the Precinct Chief Judge has been appointed to serve in the same precinct, inform the county board of elections so that the county board of elections may appoint an emergency election-day assistant;

(4) receive and review the signed list of the appointed observers as provided in G.S. 163-45;

(5) receive and post a sample ballot in the voting place as provided in G.S. 163-165.2;

(6) notify the county board of elections of any sickness, emergency, or other circumstances that will or might prevent the person from performing as precinct chief judge on a primary or election day;

(7) receive, prior to the day of the primary or election, from the county board of elections any security keys or codes as to any voting systems or units that are to be operated at the precinct;

(8) prior to the opening of the polls, administer to any precinct official, not previously sworn, the oath of office as set out in G.S. 163-41;

(9) prior to the opening of the polls, ensure the technology and connectivity requirements of 08 NCAC 10B .0109(b) are met;

(10) if at the time of opening the voting place, a judge has not appeared, appoint another person to act as precinct judge until the chair of the county board of elections appoints a replacement as set out in G.S. 163-41;

(11) be present at the voting place at 6:00 a.m., and ensure the opening of the polls at 6:30 a.m. as mandated by G.S. 163-166 and 08 NCAC 10B .0102;

(12) respond to any voter's request to have assistance to vote as set out in the provisions of G.S. 163-166.8(b);

(13) ensure the continued arrangement of the voting enclosure as required in G.S. 163-166.2;

(14) supervise the closing of the voting place at 7:30 p.m. in compliance with procedures set out in G.S. 163-166.10 and 08 NCAC 10B .0105;

(15) handle challenges made on election or primary day in accordance with G.S. 163-87, and conduct the hearing upon said challenge in accordance with G.S. 163-88;

(16) be responsible, as mandated by G.S. 163-182.3, for adherence to all rules pertaining to counting, reporting, and transmitting official ballots under 08 NCAC 10B .0105 and .0106;

(17) ensure the maintenance of and appearance of efficient, impartial, and honest election administration at the precinct as required by G.S. 163-166.5(3);

(18) monitor the grounds around the voting place to ensure compliance with the limitation on activity in the buffer zone under G.S. 163-166.4(a);

(19) ensure peace and good order at the voting place as required by G.S. 163-48. Examples of peace and good order include:

(A) keeping open and unobstructed the place at which voters or persons seeking to register or vote have access to the place of registration and voting;

(B) preventing and stopping attempts to obstruct, intimidate, or interfere with any person in registering or voting;

(D) ejecting from the place of registration or voting any challenger or witness for violation of any provisions of the election laws or rules.

(20) ensure that voters are able to cast their votes in dignity, good order, impartiality, convenience, and privacy as required in G.S. 163-166.7(c) and 08 NCAC 10B .0101;

(21) if needed, check or assist in checking the registration of voters at the voting place;

(22) if ballot counters are authorized by the county board of elections under G.S. 163-43, receive the list of counters from the county board, or appoint counters if authorized to do so by the county board. Prior to a ballot counter performing duties and tasks, administer the oath required by G.S. 163-43. Report to the county board of elections the names and addresses of any ballot counters to the county board at the county canvass as set out in G.S. 163-43.

(23) perform the required legal duties of chief precinct judge/judge or face criminal consequences as set out in G.S. 163-274 (1); and

(24) not accept money from candidates, commit fraud, false statements, or false writings in performing election duties, or face the criminal consequences set out in G.S. 163-275(3)(8)(9) and (12).

Where the precinct chief judge does not have the exclusive statutory mandate to perform a task or duty, a precinct judge may be designated to perform such task or duty.

(c) Tasks of Precinct Judge - Precinct Judges, in accordance with election statutes, within rules of the State Board of Elections, and under the supervision of the county board of elections, shall have the following tasks to perform as to each primary or election:

(1) attend an instructional meeting presented by the county board of elections prior to each primary or election as required by G.S. 163-46;

(2) upon learning that any parent, spouse, child, or sibling of the Precinct Judge has filed for elective office, inform the county board of elections so that the county board of elections may disqualify the Precinct Judge under G.S. 163-41.1(b) for the specific primary or election involved;

(3) upon learning that any parent, parent in-law, spouse, child, child in-law, sibling, sibling in-law or first cousin of the Precinct Judge has been appointed to serve in the same precinct, inform the county board of elections so that the county board of elections may appoint an emergency election-day assistant;

(4) if the chief judge fails to appear at the opening of poll, appoint, with the other precinct judge, a person to act as chief judge until the chairman of the county board appoints a new chief judge as per G.S. 163-41;

(5) notify the county board of elections of any sickness, emergency, or other circumstances that will or might prevent the person from performing as precinct chief judge on a primary or election day;

(6) be present at the voting place at 6:00 a.m., and ensure the prompt opening of the polls at 6:30 a.m. as mandated by G.S. 163-166 and any rules promulgated under 08 NCAC 10B .0102;

(7) perform the required legal duties of chief precinct judge/judge or face criminal consequences as set out in G.S. 163-274(1);

(8) not accept money from candidates, commit fraud, false statements, or false writings in performing election duties, or face the criminal consequences set out in G.S. 163-275(3)(8)(9) and (12); and

(9) aid and cooperate with the precinct chief judge, as requested or needed, as to those duties noted in Subparagraphs (12) through (21) of Paragraph (b) of this Rule.

A precinct judge may be designated to perform tasks and duties of a chief precinct judge, where those duties are not statutorily made exclusive to the chief precinct judge.

(d) Tasks of Election Assistants - Election Assistants, in accordance with election statutes, within the rules of the State Board of Elections, and under the supervision of the county board of elections, shall have the following tasks to perform as to each primary or election:

(1) check the registration of voters at the voting place as per G.S. 163-166.7(a);

(2) guide voters to voting units or provide voters ballots as per G.S. 163-166.7(b);

(3) prior to performing duties and tasks after being duly appointed, take the oath required by G.S. 163-41;

(4) notify the county board of elections of any sickness, emergency, or other circumstances that will or might prevent the person from performing as an election assistant on a primary or election day;

(5) upon learning that any parent, spouse, child, or sibling of the Election Assistant has filed for elective office, inform the county board of elections so that the county board of elections may disqualify the Election Assistant under G.S. 163-41.1(b) for the specific primary or election involved;

(6) upon learning that any parent, parent in-law, spouse, child, child in-law, sibling, sibling in-law or first cousin of the Election Assistant has been appointed to serve in the same precinct, inform the county board of elections so that the county board of elections may appoint an emergency election-day assistant; and

(7) aid the chief judge and other precinct judges in the performances of their tasks and duties as needed or directed.

(e) Tasks of Emergency Election – Day Assistant - Emergency Election-Day Assistants, in accordance with election statutes, within the rules of the State Board of Elections, and under the supervision of the county board of elections, shall have the following tasks to perform as to each primary or election:

(1) be prepared prior to and on the day of a primary or election to serve, on notice given by the county board of elections, to travel to and work at any voting place within the county;

(2) perform all the tasks and duties of an election assistant as set out in Paragraph (d) of this Rule;

(3) notify the county board of elections of any sickness, emergency, or other circumstances that will or might prevent the person from performing as an election assistant on a primary or election day;

(4) upon learning that any parent, spouse, child, or sibling of the emergency election-day assistant has filed for elective office, to inform the county board of elections so that the county board of elections may disqualify the emergency election-day assistant under G.S. 163-41.1(b) for the specific primary or election involved; and

(5) upon learning that any parent, parent in-law, spouse, child, child in-law, sibling, sibling in-law or first cousin of the emergency election-day assistant has been appointed to serve in the same precinct, inform the county board of elections.

(f) Tasks of Ballot Counters - All ballot counters, in accordance with election statutes, with the rules of the State Board of Elections and under supervision of the county board of elections, shall perform all the following:

(1) after appointment, appear at the poll at close of the polls and to be prepared to count ballots under the direction and control of the chief and other precinct judges;

(2) prior to a ballot counter performing duties and tasks, take the oath required by G.S. 163-43;

(3) upon learning that any parent, spouse, child, or sibling of the ballot counter has filed for elective office, inform the county board of elections so that the county board of elections may disqualify the ballot counter under G.S. 163-41.1(b) for the specific primary or election involved; and

(4) upon learning that any parent, parent in-law, spouse, child, child in-law, sibling, sibling in-law or first cousin of the ballot counter has been appointed to serve in the same precinct, inform the county board of elections.

There is no requirement to have ballot counters appointed or used by a county board of elections. The county board of elections of any county may authorize the use of precinct ballot counters to aid the chief judges and judges of election in the counting of ballots in any precinct or precincts within the county. The county board of elections shall appoint the ballot counters it authorizes for each precinct or, in its discretion, the board may delegate authority to make such appointments to the precinct chief judge, specifying the number of ballot counters to be appointed for each precinct.

(g) General duties of all Precinct Officials - All precinct officials, in accordance with election statutes, with the rules of the State Board of Elections and under the supervision of the county board of elections, shall perform all of the following:

(1) count votes when votes are required to be counted at the voting place, G.S. 163-182.2;

(2) make an unofficial report of returns to the county board of elections, G.S. 163-182.2;

(3) certify the integrity of the vote and the security of the official ballots at the voting place, G.S. 163-182.2;

(4) return official ballots and equipment to the county board of elections, G.S. 163-182.2;

(5) ensure that the voting system cannot be tampered with throughout the period voting is being conducted;

(6) ensure that only properly voted official ballots are introduced into the voting system;

(7) ensure that, except as provided by G.S. 163-166.9, no official ballots leave the voting enclosure during the time voting is being conducted there;

(8) ensure that all improperly voted official ballots are returned to the precinct officials and marked as spoiled;

(9) ensure that voters leave the voting place after voting;

(10) ensure that voters not eligible to vote in the precinct but who seek to vote there are given assistance in voting a provisional official ballot or guidance to another voting place where they are eligible to vote;

(11) ensure that information gleaned through the voting process that would be helpful to the accurate maintenance of the voter registration records, including any updates to a voter's voter registration, is recorded and delivered to the county board of elections;

(12) ensure that registration records can only be accessed by precinct officials;

(13) ensure that party observers are given access as provided by G.S. 163-45 to current information about which voters have voted;

(14) aid any voter, as needed, in curbside voting as provided for in G.S. 163-166.9;

(15) provide Spanish ballot instructions when such instructions are required by Section 203 of the Voting Rights Act of 1965, and direct all language needs that can not be handled at the precinct to the county board office;

(16) register and help, at the voting place, those persons eligible to register and vote on election day as allowed by G.S. 163-258.28 and G.S. 163-82.6(d);

(17) report to the county board of elections, any physical or mental ailment, impairment, or deterioration that may adversely affect the performance of an election related task or duty. Report any such conditions known in any other precinct officials to the county board;

(18) report any violation of election laws or regulations to the chief judge, or report such violation to the county board of elections if the chief precinct judge is involved in the violation;

(19) provide any person who requests it any information on how to contact the county director of elections, the county board of elections, or the office of the State Board of Elections; and

(20) work and stay at the voting place, at all times during the voting day, until closure. By prior agreement with the county board of elections and pursuant to G.S. 163-42, election assistants and emergency election-day assistants may work less than the entire voting day.

History

Authority G.S. 163-22; 163-166.6
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Readopted Eff. September 1, 2019.

08 NCAC 10B .0102 Setting Up Polling Place Prior to Voting {#sec-08-ncac-10b-.0102 omnilex-key=us-nc-regs-official--title-08--08 NCAC 10B .0102}

(a) The Chief Judge, Judges, and Assistants shall arrive at the voting place no later than 6:00 a.m. on the day of the election.

(b) The Chief Judge shall administer the oath to Judges and Assistants who have not taken the oaths required by G.S. 163-41 or G.S. 163-42.

(c) The Chief Judge shall assign tasks regarding the setup of the polling place to ensure the participation of judges and assistants of each represented party. At least one official shall be directed by the Chief Judge to manage curbside voting and facilitate the process for voters with special needs.

(d) The Chief Judge or designated official shall ensure that the telephone or other device required by 08 NCAC 10B .0109(b) is working.

(e) The members of the County Board of Elections shall ensure the following:

(1) each voting system is delivered to the voting place and placed in the custody of the Chief Judge or designated official within three days before the election with the ballot labels or other precinct designation already in place on each unit;

(2) keys and other security devices necessary for the operation of the voting system are delivered to the Chief Judge;

(3) a board member or employee of the County Board of Elections and the Chief Judge or designated official shall confirm the keys and other security devices are provided to the Chief Judge;

(4) all numbers stamped on the keys and security devices should correspond to the number of the voting units;

(5) a board member or employee of the County Board of Elections and the Chief Judge or designated official shall ensure that the ballots are in position and that no votes have been cast or recorded on any unit, and that the units are operating according to manufacturer specifications;

(6) voting tabulating units shall be locked and sealed (or otherwise secured in the manner recommended by the manufacturer) and shall remain that way until the polls are closed; and

(7) keys and other security devices are kept in a location that cannot be accessed by anyone other than election officials.

(f) The Chief Judge, with the cooperation of at least one official of the other major political party shall verify the delivery of all election supplies, records and equipment necessary for the conduct of the election.

(g) The Chief Judge shall ensure that all voting instructions, signs, and sample ballots are posted around the polling place, including signs designating the voting place, the buffer zone, temporary or permanent accessible parking, and the curbside voting area.

(h) The Chief Judge shall ensure that the polling place is arranged to provide private spaces so voters may cast votes unobserved. The Chief Judge shall also ensure that there is adequate space and furniture for separate areas for voter registration records, ballot distribution, and private discussions with voters. The voting enclosure must be set up so that all equipment and furniture can be seen by the Chief Judge, Judges, and Assistants. The exterior of the voting units and every part of the voting enclosure shall be in plain view of the Chief Judge and Judges.

(i) The door to the voting place/enclosure shall be sufficiently wide to accommodate voters in wheelchairs. The door width, hardware, and thresholds shall comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) which is hereby incorporated by reference, including any subsequent amendments or editions, which can be found free of charge at https://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-ada-standards/background/adaag. The County Board of Elections must approve any plan that would cause a deviation in the set up and arrangement of the voting enclosure. For example, generally the door into the voting place/enclosure shall be the same door used to exit the voting place/enclosure. However, if by doing so the flow of voters is disturbed, a separate door may be used to exit the voting place/enclosure. If a separate door is used, it shall be in plain view of the Chief Judge, Judges, and Assistants so that they can ensure that only election officials may enter the voting enclosure through the exit door.

(j) The Chief Judge shall assign a Judge or Assistant to provide demonstrations to voters, upon request, in the use of the voting system.

(k) At the Chief Judge's request at 6:30 a.m. one of the Judges shall announce that the polls are open and that polls will close at 7:30 p.m.

History

Authority G.S. 163-22; 163-165.5
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017
Amended Eff. September 1, 2019.

08 NCAC 10B .0103 Voting Procedures {#sec-08-ncac-10b-.0103 omnilex-key=us-nc-regs-official--title-08--08 NCAC 10B .0103}

(a) From the time the polls are opened on Election Day until the precinct count has been completed, the returns signed, and the results declared, no person shall take or remove from the voting enclosure election supplies and materials, including official ballots, containers of official ballots, provisional official ballots, spoiled ballots, the pollbook or voter authorization slips, the registration records or any voting units or devices that are part of the voting system, except as authorized by G.S. 163-166.9 or 08 NCAC 10B .0108 to accommodate curbside voters. Provisions for removal of election supplies and materials at any time are permissible under the emergency management plan of a county board of elections in the cases of natural or man-made emergencies, pursuant to 08 NCAC 10B .0106.

(b) A person seeking to vote shall enter the voting enclosure at the voting place through the designated entrance and shall communicate the person's name and place of residence to one of the election officials. The election official may prompt the voter to provide this information. In a primary election, the voter shall also state the political party with which the voter affiliates and in whose primary the voter desires to vote, or if the voter is an unaffiliated voter permitted to vote in the primary of a particular party, the voter shall state the name of the authorizing political party in whose primary the voter wishes to vote. Unaffiliated voter participation in party primaries is subject to authorization by the respective State party executive committees pursuant to G.S. 163-119. Unaffiliated voters who are otherwise qualified may always participate in non-partisan primaries. This information, including the political party's primary in which the voter elected to participate, provided by the voter shall be recorded in the precinct pollbook or on the voter authorization slip. The election official to whom the voter gives this information shall announce the name and residence of the voter so that the information may be heard by other officials and observers. After examining the precinct registration records, the election official shall state whether the person seeking to vote is registered. The election official shall not presume the name, address, or party affiliation of any person seeking to vote.

(c) If the person is found to be registered and is not challenged pursuant to G.S. 163-87 or if the challenge is overruled pursuant to G.S. 163-88(a), the election official shall provide the voter with each official ballot the voter is entitled to vote. In a primary election the voter shall be allowed to vote the political party ballots the voter is entitled to vote and no others. Unaffiliated voters may choose to participate in only one party's primary and no others in the same election, or they may choose to vote a nonpartisan ballot. In the case of a second primary, unaffiliated voters who participated in a party's primary in the first primary may only vote that party's ballot in the second primary. However, if an unaffiliated voter did not participate in the first primary, the voter may choose which party's primary to participate in during the second primary.

(d) No person shall be denied the option to vote a provisional ballot. Reasons a person may vote a provisional ballot include that the person:

(1) is a registered voter in the county and has moved into the precinct 30 days or more prior to the election and has not reported the change to the board of elections;

(2) claims to have applied for voter registration in the county but there is no record of the person's name on the registration records;

(3) was removed from the list, but the person maintains eligibility to vote within the county;

(4) disputes the ballot style to which the person has been assigned; or

(5) on Election Day the person is found not to be registered to vote in the precinct and the responsible election official learns from the person that the person resides in a different precinct. In this case, the responsible election official shall inform the person that the person may vote a provisional ballot at the precinct or may go to the proper precinct under G.S. 163-55, G.S. 163-57, and G.S. 163-82.15(e).

(e) It is the duty of the election official to gather any voter information regarding changes of name and address in order to assist the county board of elections in updating voter records. If the county board of elections has identified a voter's record as lacking information or requiring updated information, the responsible election official shall require the voter to update the information.

(f) It is the duty of the election officials to give any voter any technical information the voter desires in regard to ballot items. In response to questions asked by the voter, the election official shall communicate to the voter only technical information necessary to enable the voter to vote the ballot. Technical information may include the number of pages the ballot contains or confirmation that the voter received the correct ballot style.

(g) On Election Day the Chief Judge shall assign two precinct officials, one from each political party if possible, to keep the pollbook or other voting record and to keep the registration list. The names of all persons voting shall be checked on the registration record and entered on the pollbook or other voting record. In an election where observers may be appointed pursuant to G.S. 163-45, each voter's party affiliation shall be entered in the proper column of the pollbook or other record approved by the State Board opposite the voter's name. The designated official shall make each entry at the time the ballots are handed to the voter. The information about the voter's political party registration shall be obtained from the registration record and not from the voter.

(h) Election officials must ensure that registration records are kept secure and do not leave the voting enclosure for any purpose. Observers appointed pursuant to G.S. 163-45 are entitled to obtain a list of the persons who have voted in the precinct so far in that election day at least at the following times: 10 a.m., 2 p.m. and 4 p.m. Counties using authorization to vote documents as opposed to traditional pollbooks may comply with the requirement by permitting each observer to inspect election records so that the observer may create a list of persons who have voted in the precinct.

History

Authority G.S. 163-22; 163-166.7
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Temporary Amendment Eff. August 23, 2019
Readopted Eff. June 1, 2020.

08 NCAC 10B .0104 Leaving the Voting Enclosure, Spoiled or Incomplete Ballots {#sec-08-ncac-10b-.0104 omnilex-key=us-nc-regs-official--title-08--08 NCAC 10B .0104}

(a) When the voter has been presented with the official ballots by the judge, the voter shall be deemed to have begun the act of voting, and the voter shall not leave the voting enclosure until the voter has finalized the act of voting. On receiving the ballots, the voter shall retire alone to one of the voting booths, unless the voter is entitled to assistance under G.S. 163-166.8, where the voter shall mark the ballots. The voter shall return any unvoted ballots to the precinct officials.

(b) If a voter spoils or damages a ballot, the voter may obtain another upon returning the spoiled or damaged ballot to the chief judge or other designated official. A voter shall not be given a replacement ballot until the voter has returned the spoiled or damaged ballot. The voter shall not receive more than three replacement ballots. The chief judge shall deposit each spoiled or damaged ballot in the container provided for that purpose.

(c) When the voter has marked the ballot the voter shall ensure the ballot is cast according to the instructions provided by precinct officials. After casting his or her ballots, the voter shall leave the voting enclosure unless the voter is authorized to remain within the enclosure for purposes of assisting a voter pursuant to G.S. 163-166.8.

(d) No voter shall be permitted to occupy a voting booth already occupied by another voter, except that spouses may occupy the same voting booth if both wish to do so. Excluded from this prohibition are persons providing assistance under G.S. 163-166.8.

(e) When the voter leaves the voting enclosure, whether or not the voter has finalized voting, the voter shall not be permitted to enter the voting enclosure again for the purpose of voting.

(f) If a voter leaves the voting enclosure and has not finalized the act of voting by pressing the button or touching the screen in the space in the case of Direct Record Electronic Voting Machines, by feeding the ballot into the tabulator in the case of Optical Scan Equipment, or by depositing the paper ballot into the ballot box, the chief judge or judges of election may find, by unanimous vote, that the ballot marked by the voter had not been disturbed by any other person and may execute the ballot for the voter who has vacated the voting enclosure. If the Chief Judge and Judges of election cannot unanimously confirm that the ballot marked by the voter has not been disturbed, the ballot must be marked as spoiled and placed with other spoiled ballots (or in the case of direct record electronic machines, the ballot must be cleared according to the voting system specifications). The fact that a ballot is only partially and not fully marked shall have no bearing on the decision of the Chief Judge and Judges. In each instance where this type of incident occurs, the Chief Judge and Judges must document the circumstances and make the information known to the county board of elections.

History

Authority G.S. 163-22; 163-166.7
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Readopted Eff. September 1, 2019.

08 NCAC 10B .0105 Procedures at the Close of Voting {#sec-08-ncac-10b-.0105 omnilex-key=us-nc-regs-official--title-08--08 NCAC 10B .0105}

(a) Before each primary and election, the chairman of the county board of elections shall furnish each chief judge written instructions provided by the State Board pursuant to G.S. 163-182.1, G.S. 163-182.2, and 08 NCAC 06B. 0105 on how ballots shall be marked and counted. Before starting the counting of ballots in the precinct, the chief judge shall instruct all of the judges, assistants, and ballot counters in how marked ballots shall be counted and tallied.

(b) The Chief Judge shall announce or have it announced that the polls are closed at 7:30 p.m. unless the time has been extended pursuant to G.S. 163-166.01. Time shall be determined by the same timepiece used to determine the opening of the polls.

(c) Any person who is in line at the close of polls shall be afforded an opportunity to vote. A list shall be made, starting at the end of the line and moving forward, of everyone standing in line at the close of polls and anyone whose name is on that list shall be permitted to vote. No person entering the voting enclosure after the close of polls has been announced, other than those whose names are on the list, shall be permitted to vote under any circumstance.

(d) The Chief Judge and Judges must subscribe their names to each pollbook.

(e) Only official ballots shall be voted and counted in accordance with G.S. 163-182.1(a). No official ballot shall be rejected because of technical errors in marking it, unless it is impossible to determine the voter's choice under the rules for counting ballots. Such determination shall be made by the county board of elections if the chief judge and judges are unable to determine the voter's choice, or whether a particular ballot shall be counted.

(f) No person shall intentionally deface or tear an official ballot in any manner, and no person, other than the voter, shall intentionally erase any name or mark written on a ballot by a voter.

(g) The Chief Judge, along with a Judge of another political party, shall "close the polls" on each voting unit. The results sheet from each unit shall be placed in an "Official Precinct Returns Envelope." As soon as the polls are closed the chief judge and judges shall, without adjournment or postponement, count the ballots. The counting of ballots at the precinct shall be continuous until completed. More than one voting unit may be counted at the same time by the precinct officials, assistants, and ballot counters, but the chief judge and judges shall supervise the counting of all units and shall be responsible for them. From the time the first unit is read or opened and the count of votes begun until the votes are counted and the statement of returns made out, signed, certified and provided to the chief judge or judge responsible for delivering them to the county board office, the precinct chief judge and judges shall not separate, nor shall any one of them leave the voting place except in case of unavoidable necessity as determined by the Chief Judge.

(h) The counting of the ballots shall be made in the presence of the precinct election officials and witnesses and observers who are present and desire to observe the count. Observers shall not interfere with the counting of the ballots.

(i) As soon as the votes have been counted and the precinct returns certified, the chief judge, or one of the judges selected by the chief judge, shall do the following:

(1) report the total precinct vote for each ballot item to the witnesses and observers who are present; and

(2) report by telephone or other electronic means the total precinct vote for each ballot item to the county board of elections.

The total precinct vote shall be unofficial and shall have no binding effect upon the official county canvass to follow.

(j) The Chief Judge and Judges shall sign the consolidation and accounting sheets and statement of returns and shall place them in the "official precinct returns" envelope or container.

(k) The Chief Judge shall place or cause to be placed in a sealed container by an authorized person under the Chief Judge's direction and control the following:

(1) voter registration documents and information;

(2) provisional ballot envelope;

(3) payroll information for precinct officials;

(4) county board communication devices, unit keys and security devices; and

(5) the official returns envelope.

The container shall be sealed with non-transparent tape of sufficient size to contain signatures. It shall be signed by the Chief Judge and two Judges.

(l) Consolidation sheets, including the statement of returns for all voted official ballots, shall be completed by adding curbside votes to the totals. In any precinct using direct record electronic voting equipment, the county board of elections may provide for any paper ballots to be transported upon closing of the polls to the office of the county board of elections for counting. An accounting form shall be completed that accounts for every used and unused ballot providing the number of blank ballots received from the board of elections, the number of regular voted ballots, provisional voted ballots, and spoiled ballots.

(m) Voted provisional ballots must be placed in a sealed envelope or container and the seal must be signed by the Chief Judge and Judges.

(n) The Chief Judge or precinct official shall bring the results cartridge (or reading) from each unit to the board of elections office.

(o) All supplies must be collected for return to the board of elections office. Any items brought into the polling place facility shall be removed upon vacating the polling place. Precinct Judges shall ensure that the facility is left in the same condition in which it was received for voting purposes.

(p) Under no circumstance shall voting items be left in the polling place facility out of the custody of the Chief Judge or other designee.

History

Authority G.S. 163-22; 163-166.10
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Readopted Eff. September 1, 2019.

08 NCAC 10B .0106 Election Supplies Return {#sec-08-ncac-10b-.0106 omnilex-key=us-nc-regs-official--title-08--08 NCAC 10B .0106}

(a) After an election or primary, all election supplies, including but not limited to election results materials, registration and voter history materials, provisional voting materials, challenged voter materials, ballots, and completed forms, shall be taken to the county board of elections office as soon as all procedures described in 08 NCAC 10B .0105 are complete.

(b) Election materials and supplies, used or unused, shall not remain in the custody of the Chief Judge, Judges, or any other person and shall be returned to the county board of elections office. If it is not possible for a county board of elections to have all precincts return materials and supplies on the night of the election, the county board of elections must submit a security plan describing how election materials and supplies shall be temporarily stored to the Executive Director of the State Board of Elections 30 days prior to the election. The Executive Director will provide either approval or required modifications to the plan in writing no later than 15 days prior to the election. Factors to be used in making a determination under this Paragraph may include:

(1) the distance of the round trip from the precinct to the county board of elections office;

(2) whether heavy traffic exists, including due to tourism or construction; and

(3) anticipated weather conditions.

(c) Each board of elections shall have an emergency backup plan to be implemented when an emergency as determined by the Chief Judge prevents election materials and supplies from being returned as described in Paragraph (a) of this Rule. The emergency backup plan shall enable board of elections employees or other authorized persons to retrieve the items from the custody of the Chief Judge and Judges and transport them to the board of elections office.

(d) All materials shall be transported with a "chain of custody" form that includes a list of the supplies used at the voting site, the signatures and times in which the supplies are in the custody of each official. All supplies, once received at the board of elections, shall be verified and signed for by a board of elections representative.

History

Authority G.S. 163-22; 163-166.10
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Readopted Eff. September 1, 2019.

08 NCAC 10B .0107 Assistance to Voters in Primaries and General Elections {#sec-08-ncac-10b-.0107 omnilex-key=us-nc-regs-official--title-08--08 NCAC 10B .0107}

(a) Any assistance rendered to a voter under G.S. 163-166.8 shall be performed in person, and shall not be allowed by electronic, paper, or mechanical means of communication with a person outside the voting booth, except as provided in G.S. 163-166.8(a)(2). The use of electronic, paper, or mechanical devices by the voter, while alone in the voting booth and not in contact with another person outside the voting booth, shall not be considered voting assistance.

(b) No precinct official may refuse the voter's choice of the person to assist the voter, unless the person so named is excluded by G.S. 163-166.8, does not appear at the voting place to assist the voter prior to the close of the polls, or refuses to assist the voter. If the voter's choice of the assisting person is not available for one of the reasons set forth in this Paragraph, the voter shall be allowed to make an additional choice until a willing assisting person is available to assist the voter. There shall be no limitation on the number of voters a person can assist, as long as the assisting person is chosen by each voter to assist.

(c) A person seeking assistance in any election shall, upon arriving at the voting place, first request the chief judge to permit him to have assistance, communicating the reasons. If the chief judge determines that the voter is entitled to assistance, the chief judge shall ask the voter to identify the person the voter desires to provide assistance. If the person the voter requests to provide assistance is not present, the voter is entitled to contact the person and to wait for the person at the voting place, but outside the voting enclosure. When that person is available to assist or is already present to assist, the voter, along with that person, shall present themselves to the chief judge. The chief judge shall thereupon request the person indicated to render the requested aid. In the case of assistance requested at a one-stop voting site, the assistance may be requested and received from any election official available at such site.

(d) Any chief judge, judge, or assistant shall provide assistance to a voter if so requested, unless the election official is prohibited from doing so by his status as the voter's employer, official of the voter's union, or agent of the voter's employer or union. Under no circumstances shall any precinct official or person be assigned to assist a voter who was not specified by the voter.

(e) Conduct of Persons Rendering Assistance. - Anyone rendering assistance to a voter shall be admitted to the voting booth with the person being assisted and shall be governed by G.S. 163-166.8(c). The assisting person shall not do the following:

(1) give, present, or display within the vision of the voter, any list of preferred candidates, a marked sample ballot, or any other type of document, item, or display that conveys a choice of candidate(s) unless it was brought to the voting booth by the voter. An assisting person may respond to an inquiry of a hearing impaired voter in writing if needed, as long as a ballot choice is not communicated to the voter;

(2) speak or play within the hearing or vision of the voter, any conversation, communication, or recording that conveys a choice of candidate(s);

(3) operate a phone, radio, computer, or any other means of communication while in the voting booth with the voter;

(4) seek to persuade or induce any voter to cast any vote in any particular way;

(5) communicate to others how the voter voted, unless ordered by a court, or make a memorandum of anything that occurred in the voting booth; or

(6) violate any election law set out in G.S. 163 or violate any election rule set out in Title 8 of the NC Administrative Code.

History

Authority G.S. 163-22; 163-166.8
Temporary Adoption Eff. April 15. 2002
Eff. August 1, 2004
Readopted Eff. September 1, 2019.

08 NCAC 10B .0108 Curbside Voting {#sec-08-ncac-10b-.0108 omnilex-key=us-nc-regs-official--title-08--08 NCAC 10B .0108}

Pursuant to G.S. 163A-1140, curbside voting shall take place under the following procedures:

(1) The county board of elections shall have printed and numbered a supply of affidavits to be distributed to each precinct chief judge that shall be in the following form:

Affidavit of Person Voting Outside Voting Place or Enclosure

State of North Carolina

County of___________

I do solemnly swear (or affirm) that I am a registered voter in____________________________ precinct. That because of age or physical disability I am unable to enter the voting place to vote in person without physical assistance. That I desire to vote outside the voting place and enclosure. I understand that a false statement as to my condition will be in violation of North Carolina law.

Date Signature of Voter

Address

Signature of precinct election official who administered oath;

(2) The chief judge or a judge may designate one of the assistants to attend the voter, or assist the voter himself or herself. Upon arrival outside the voting place, the voter shall execute the affidavit after being sworn by a precinct election official. The ballot shall then be delivered to the voter who shall mark the ballot and hand it to the assisting precinct election official. The ballot shall then be delivered to one of the judges of elections who shall deposit the ballot in the proper boxes. The affidavit shall be delivered to a different judge of election.

(3) The voter and any assisting person shall be entitled to the same assistance and subject to the same restrictions in marking the ballot as set forth in G.S. 163A-1139 and 08 NCAC 10B .0107.

(4) The affidavit executed by the voter shall be retained by the county board of elections for a period of six months.

(5) In those precincts using voting machines, the county board of elections shall furnish paper ballots of each kind for use by persons in accordance with this Rule and G.S. 163A-1140.

(6) In any precinct using direct record electronic voting equipment, the county board of elections may provide for all such paper ballots to be transported upon closing of the polls to the office of the county board of elections for counting. Those ballots may be transported only by the chief judge, judge, or assistant and shall be tracked using a ballot control form. Upon receipt by the county board of elections, these ballots shall be counted and canvassed in the same manner as one-stop ballots cast under G.S. 163A-1300 except that the count shall commence when the board has received from each precinct either that precinct's ballots or notification that no such ballots were cast. Ballots counted by the county board of elections under this Paragraph shall be tabulated so that election-day curbside ballots and one-stop curbside ballots are tabulated separately from each other and from other precincts and/or reporting groups.

History

Authority G.S. 163A-741; 163A-1140
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Readopted Eff. October 1, 2018.

08 NCAC 10B .0109 Voting site uniformity {#sec-08-ncac-10b-.0109 omnilex-key=us-nc-regs-official--title-08--08 NCAC 10B .0109}

(a) Station Set-Up. All equipment and furniture in the voting enclosure shall be arranged so that it can be seen from the public space of the voting enclosure. Each voting enclosure shall contain at a minimum:

(1) Check-in station, where voters may provide identification information if required pursuant to G.S. 163A-1144 and declare their intent to vote. The check-in station shall include the following:

(A) Voter lists or pollbooks. If the voting site utilizes an electronic pollbook, the site must also maintain a backup hardcopy for use in the event of technical difficulty or disruption;

(B) Authorization to Vote Forms and labels on Election Day or One-Stop Absentee Applications during the one-stop early voting period, and all such other supplies as may be required by the Executive Director of the State Board; and

(C) Guides, signage, and all other materials as may be required by the Executive Director of the State Board for the effective administration of elections, displayed in the manner specified;

(2) Ballot station, where elections officials distribute official ballot and provide ballot-marking instructions to voters who have completed required vote-authorization document(s);

(3) Help station, where voters can receive assistance if there is any issue checking in the voter, pursue provisional voting, and where voter challenges shall be heard;

(4) Voting stations (or "booths") shall be situated in a manner that ensures the privacy of the voter's selections and shall be maintained in an manner clear of electioneering materials and sample ballots. The number of booths shall not be fewer than a minimum number determined by the county board of elections, unless a greater number is specified by the Executive Director of the State Board based on expected voter turnout or other factors;

(5) Exit station, where an election official ensures ballots are appropriately placed in the tabulator or ballot box; and

(6) Curbside station, where qualified voters may vote curbside in accordance with 08 NCAC 10B. 0108.

(b) Technology and Connectivity. Every voting enclosure must have access to a phone or other device, including a cell phone when service is available in the building, that facilitates communication with the county board of elections office and emergency services. The county board of elections office shall keep a record of contact information for each voting enclosure within the county and ensure all elections officials have contact information for the county board of elections office and emergency services. Elections officials shall monitor the phone or device.

(c) Check-in Station. Persons seeking to vote shall enter the voting enclosure through the entrance and present at the Check-in Station. The election official at the check-in station shall:

(1) Ask the voter to state their current name (as required by G.S. 163A-1137(a)). If, due to disability, a voter is unable to state his or her name, he or she may otherwise signal to the elections official, including by way of a person providing assistance or through documents;

(2) Ask the voter to state the address where he or she resided for at least 30 days as of Election Day (as required by G.S. 163A-1137(a));

(3) If the election is a partisan primary: Ask the voter to indicate his or her party affiliation or, if the voter is unaffiliated, to state which of the available primary ballots he or she prefers;

(4) If required under G.S. 163A-1144, ask the voter to provide acceptable identification. Examine identification document presented by the voter;

(5) Search for and correctly identify the voter in the pollbook or its equivalent;

(6) Make any updates or corrections to the voter's name in the voter record;

(7) Update the voter's address in the voter record (or alternately, complete documentation to make that change if the process is not automatic), if the voter has moved to a new address in the county and will have lived at the address for at least 30 days as of the date of the election;

(8) If the voter does not present acceptable identification necessary to verify the identity of a previously unverified voter:

(A) Provide the help referral form provided by the State Board; and

(B) Direct the voter to the Help Station;

(9) Provide the voter with an authorization to vote document or one-stop application and ask the voter to confirm the information and sign the document. The vote-authorizing documents should be numbered sequentially to aid in the voting site's required ballot reconciliation process;

(10) Sign the authorization to vote document or one-stop application before directing the voter to the ballot station where, provided the voter is duly registered and has not been successfully challenged, the official assigned to distribute the official ballots shall hand the voter the official ballot that voter is entitled to vote, or that voter shall be directed to the voting equipment that produces the official ballot; and

(11) If a voter is not found to be registered or cannot be directed to the ballot station:

(A) Provide the help referral form provided by the State Board; and

(B) Refer the voter to the help station for the purpose of receiving alternate voting options.

(d) Ballot Station. The ballot station official shall accept the vote-authorizing document from the voter and review the form and ensure that it is signed by the voter. For counties using paper ballots, the official shall retrieve the ballot style listed on the vote-authorizing document. If the voting site has more than one ballot style, the official must scan the barcode on the ballot style retrieved and then scan the barcode on the vote-authorizing document to ensure that the voter is issued the correct ballot. During one-stop absentee voting, before issuing the ballot to the voter, the precinct official shall record the absentee application number on the ballot. For counties whose paper ballots are coded by style the official must record the precinct/voter tabulation district number on the ballot. The official shall sequentially number the authorization to vote document or one-stop application. Next, the precinct official shall:

(1) Direct the voter to the voting equipment and provide instructions for use of the equipment as necessary;

(2) Instruct the voter to mark the ballot before placing the ballot into the tabulator;

(3) Provide the voter with any technical information the voter desires as necessary to enable voting; and

(4) If a voter makes a mistake and asks for a new ballot, the ballot station official shall follow procedures pursuant to 08 NCAC 10B. 0104.

(e) Help Station. The help station is the location in the voting enclosure for discussion with voters about irregular situations including provisional voting or precinct transfers. A voter may be sent to the help station if there is some issue with the voter's registration or the voter is unable to receive a regular ballot. Each individual help station shall have:

(1) A Voting Site Station Guide available and on display, as provided by the Executive Director of the State Board;

(2) Supplies as specified by the Executive Director of the State Board; and

(3) At least one voting booth set up at or near the station for provisional voters to mark their ballots.

(f) Exit Station. An election official shall be posted at the exit point of a voting enclosures where paper ballots are used and shall ensure only official ballots are deposited into the tabulator or ballot box. The exit station official shall ensure that no provisional ballots are placed in the ballot box and that voters do not leave the voting enclosure with a ballot.

(g) Curbside Station. Every voting site in the state shall have an area where qualified voters may vote curbside in accordance with 08 NCAC 10B. 0108.

History

Authority G.S. 163A-741; 163A-1137; 163A-1168
Eff. October 1, 2018.

Chapter 11 Procedure For Withdrawal of Approval of Voting System

08 NCAC 11 .0101 Withdrawal of Voting System Approval Upon Good Cause Shown {#sec-08-ncac-11-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 11 .0101}

History

Status: expired
Authority G.S. 163-22; 163-160; 163-160.1
Temporary Adoption Eff. May 1, 2000
Temporary Adoption Expired on December 10, 2000.

08 NCAC 11 .0102 Good Cause Includes Failure of Voting System to Meet Requirements {#sec-08-ncac-11-.0102 omnilex-key=us-nc-regs-official--title-08--08 NCAC 11 .0102}

History

Status: expired
Authority G.S. 163-22; 163-160; 163-160.1
Temporary Adoption Eff. May 1, 2000
Temporary Adoption Expired on December 10, 2000.

08 NCAC 11 .0103 Notice Required {#sec-08-ncac-11-.0103 omnilex-key=us-nc-regs-official--title-08--08 NCAC 11 .0103}

History

Status: expired
Authority G.S. 163-22; 163-160; 163-160.1
Temporary Adoption Eff. May 1, 2000
Temporary Adoption Expired on December 10, 2000.

08 NCAC 11 .0104 Evidence of Alleged Failure of Voting System {#sec-08-ncac-11-.0104 omnilex-key=us-nc-regs-official--title-08--08 NCAC 11 .0104}

History

Status: expired
Authority G.S. 163-22; 163-160; 163-160.1
Temporary Adoption Eff. May 1, 2000
Temporary Adoption Expired on December 10, 2000.

08 NCAC 11 .0105 Final Decision {#sec-08-ncac-11-.0105 omnilex-key=us-nc-regs-official--title-08--08 NCAC 11 .0105}

History

Status: expired
Authority G.S. 163-22; 163-160; 163-160.1
Temporary Adoption Eff. May 1, 2000
Temporary Adoption Expired on December 10, 2000.

08 NCAC 11 .0106 Order Withdrawing Approval May Be Appealed {#sec-08-ncac-11-.0106 omnilex-key=us-nc-regs-official--title-08--08 NCAC 11 .0106}

History

Status: expired
Authority G.S. 163-22; 163-160; 163-160.1
Temporary Adoption Eff. May 1, 2000
Temporary Adoption Expired on December 10, 2000.

Chapter 12 Rules for Military and Overseas Citizens Absentee Voting Procedures

08 NCAC 12 .0101 Definitions {#sec-08-ncac-12-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 12 .0101}

History

Status: expired
Authority G.S. 163-22; 163-247(1); 163-257
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 12 .0102 Electronic Mail (e-Mail) {#sec-08-ncac-12-.0102 omnilex-key=us-nc-regs-official--title-08--08 NCAC 12 .0102}

History

Status: expired
Authority G.S. 163-22; 163-247(1); 163-257
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 12 .0103 Applications/Requests {#sec-08-ncac-12-.0103 omnilex-key=us-nc-regs-official--title-08--08 NCAC 12 .0103}

History

Status: expired
Authority G.S. 163-22; 163-247(1); 163-257
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 12 .0104 Instructions and Notice; Delivery {#sec-08-ncac-12-.0104 omnilex-key=us-nc-regs-official--title-08--08 NCAC 12 .0104}

History

Status: expired
Authority G.S. 163-22; 163-247(1); 163-257
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 12 .0105 General Guidelines {#sec-08-ncac-12-.0105 omnilex-key=us-nc-regs-official--title-08--08 NCAC 12 .0105}

08 NCAC 12 .0106 PROCESSES BY MAIL

08 ncac 12 .0107 PROCESSES BY FAX

08 ncac 12 .0108 ABSENTEE VOTING BY FACSIMILE (FAX) TRANSMISSION

08 ncac 12 .0109 RECEIVING FACSIMILE (FAX) TRANSMISSIONS

08 ncac 12 .0110 BALLOT VERIFICATION AND SECURITY

08 ncac 12 .0111 OTHER PROVISIONS

History

Authority G.S. 163-22; 163-247(1); 163-257
Temporary Adoption Eff. April 15, 2002
Eff. August 1, 2004
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

Chapter 13 Interim Rules

08 NCAC 13 .0101 In the matter of the may 7, 2002 primaries {#sec-08-ncac-13-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 13 .0101}

History

Status: expired
Authority G.S. 163-22.2
Temporary Adoption Eff. March 14, 2002, and will become null and void 60 days after the convening of the next regular session of the General Assembly
Temporary Adoption Expired on July 27, 2002.

Chapter 15 Rule-Making

08 NCAC 15 .0101 Instructions for Filing a Petition for Rule-Making {#sec-08-ncac-15-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 15 .0101}

(a) Any person may petition the State Board of Elections to adopt a new rule, or amend or repeal an existing rule, by submitting a rule-making petition to the office of the State Board of Elections. The petition shall be titled "Petition for Rule-making" and include the following information:

(1) the name and address of the person submitting the petition;

(2) a citation to any rule for which an amendment or repeal is requested;

(3) a draft of any proposed rule or amended rule;

(4) an explanation of why the new rule or amendment or repeal of an existing rule is requested and the effect of the new rule, amendment, or repeal on the procedures of the State Board of Elections; and

(5) any other information the person submitting the petition considers relevant.

(b) The State Board of Elections shall decide whether to grant or deny a petition for rule-making within 120 days of receiving the petition. In making its decision, the Board shall consider the information submitted with the petition.

(c) When the State Board of Elections denies a petition for rule-making, it shall send written notice of the denial to the person who submitted the request. The notice shall state the reason for the denial. When the State Board of Elections grants a rule-making petition, it shall initiate rule-making proceedings and send written notice of the proceedings to the person who submitted the request.

History

Authority G.S. 150B-20
Eff. October 1, 2014.

08 NCAC 15 .0102 Declaratory Rulings: Availability {#sec-08-ncac-15-.0102 omnilex-key=us-nc-regs-official--title-08--08 NCAC 15 .0102}

(a) The State Board of Elections may issue declaratory rulings pursuant to G.S. 150B-4. All requests for declaratory rulings shall be in writing and submitted to the office of the State Board of Elections.

(b) A request for a declaratory ruling shall include the following information:

(1) the name and address of the petitioner;

(2) the reference to the statute or rule in question;

(3) a statement as to why the petitioner is a person aggrieved; and

(4) the consequences of a failure to issue a declaratory ruling.

History

Authority G.S. 150B-4
Eff. October 1, 2014.

Chapter 16 Mulitpartisan Assistance Teams

08 NCAC 16 .0101 Multipartisan Assistance Teams {#sec-08-ncac-16-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 16 .0101}

(a) Each county board of elections shall assemble and provide training to a Multipartisan Assistance Team ("Team") to respond to requests for voter assistance for any primary, general election, referendum, or special election.

(b) For every primary or election listed in Paragraph (a) of this Rule, the Team shall be made available in each county to assist patients and residents in every covered facility in that county in requesting or casting absentee ballots as provided by Article 21 of Subchapter III of Chapter 163A of the General Statutes. For the purposes of this Chapter, a "covered facility" is any facility that provides residential or in-patient healthcare in the State that is licensed or operated pursuant to Chapter 122C, Chapter 131D, or Chapter 131E of the General Statutes, including, for example, a hospital, clinic, nursing home, or adult care home; or by the federal government or an Indian tribe.

(c) The Team may assist voters in requesting mail-in absentee ballots, serve as witnesses to mail-in absentee voting, and otherwise assist in the process of mail-in absentee voting as provided by Article 21 of Subchapter III of Chapter 163A of the General Statutes. Upon the voter's request, the Team shall assist voters who have affirmatively communicated, either verbally or nonverbally, a request for assistance.

History

Authority G.S. 163A-1298(a)(4); S.L. 2013-381, s. 4.6(b)
Temporary Adoption Eff. January 1, 2014
Eff. October 1, 2014
Amended Eff. December 1, 2018.

08 NCAC 16 .0102 Team Members {#sec-08-ncac-16-.0102 omnilex-key=us-nc-regs-official--title-08--08 NCAC 16 .0102}

(a) For purposes of this Chapter, the county board of elections shall compose the Team as follows:

(1) At least two registered voters shall be on each Team. The two political parties having the highest number of affiliated voters in the State, as reflected by the registration statistics published by the State Board on January 1 of the current year, shall each be represented by at least one Team member of the party's affiliation. If the Team consists of more than two members, voters who are unaffiliated or affiliated with other political parties recognized by the State of North Carolina may be Team members.

(2) If a county board of elections finds an insufficient number of voters available to comply with Subparagraph (a)(1) of this Rule, the county board, upon a unanimous vote of all of its sworn members, may appoint an unaffiliated Team member to serve instead of the Team member representing one of the two political parties as set out in Subparagraph (a)(1) of this Rule.

(b) Team members shall not be paid or provided travel reimbursement by any political party or candidate for work as Team members.

History

Authority G.S. 163A-1298(a)(4); S.L. 2013-381, s. 4.6(b)
Temporary Adoption Eff. January 1, 2014
Eff. October 1, 2014
Amended Eff. December 1, 2018.

08 NCAC 16 .0103 Training and Certification of Team Members {#sec-08-ncac-16-.0103 omnilex-key=us-nc-regs-official--title-08--08 NCAC 16 .0103}

(a) The State Board of Elections shall provide uniform training materials to each County Board of Elections. The training shall review the Rules of this Chapter as well as G.S. 163-226.3, 163-230.1, 163-230.2, and 163-231, including the statutory deadlines associated with absentee voting, and provide information to help Team members interact with persons who have disabilities. Every Team member shall confirm in writing that he or she has reviewed and understands the content of the training. Each County Board of Elections shall administer training for every Team member as directed by the State Board of Elections in this Rule.

(b) Every Team member shall sign a declaration provided by the County Board of Elections that includes the following statements:

(1) the Team member will provide voter assistance in a nonpartisan manner, will not attempt to influence any decision of a voter being provided any type of assistance, and will not wear any clothing or pins with political messages while assisting voters;

(2) the Team member will adhere to the rules of this Chapter and the General Statutes listed in Paragraph (a) of this Rule, and the Team member will refer to County Board of Elections staff in the event the Team member is unable to answer any question;

(3) the Team member will not use, reproduce, or communicate to anyone other than County Board of Elections staff any information or document handled by the Team member, including the voting choices of a voter, a voter's date of birth, or a voter's signature;

(4) the Team member will not accept payment or travel reimbursement by any political party or candidate for work as a Team member;

(5) the Team member does not hold any elective office under the United States, this State, or any political subdivision of this State;

(6) the Team member is not a candidate for nomination or election, as defined in G.S. 163-278.6(4), for any office listed in Subparagraph (b)(5) of this Rule;

(7) the Team member does not hold any office in a State, congressional district, or county political party or organization, and is not a manager or treasurer for any candidate or political party. For the purposes of this Subparagraph, a delegate to a convention shall not be considered a party office;

(8) the Team member is not an owner, manager, director, or employee of a covered facility where a resident requests assistance;

(9) the Team member is not a registered sex offender in North Carolina or any other state; and

(10) the Team member understands that submitting fraudulent or falsely completed declarations and documents associated with absentee voting is a Class I felony under Chapter 163 of the General Statutes, and that submitting or assisting in preparing a fraudulent or falsely completed document associated with absentee voting may constitute other criminal violations.

(c) Upon completion of training and the declaration, the County Board of Elections shall certify the Team member. Only certified Team members may provide assistance to voters. The certification shall be good for two years, or until the State Board of Elections requires additional training, whichever occurs first.

History

Authority G.S. 163-226.3(a)(4); S.L. 2013-381, s. 4.6(b)
Temporary Adoption Eff. January 1, 2014
Eff. October 1, 2014.

08 NCAC 16 .0104 Visits by Multipartisan Assistance Teams {#sec-08-ncac-16-.0104 omnilex-key=us-nc-regs-official--title-08--08 NCAC 16 .0104}

(a) The State Board shall provide annual notice regarding availability of Teams in each county. The notice shall provide information for covered facilities, or patients or residents of the facilities, to contact the county board of elections to arrange a Team visit.

(b) If a facility, or a patient or resident of a facility, requests a visit by the Team, the county board of elections shall notify the Team and schedule the visit(s) within seven calendar days if it is able to do so. If the county board of elections is unable to schedule the visit within seven calendar days, the voter may obtain such assistance from any person other than:

(1) an owner, manager, director, employee of the hospital, clinic, nursing home, or rest home in which the voter is a patient or resident;

(2) an individual who holds any elective office under the United States, this State, or any political subdivision of this State;

(3) an individual who is a candidate for nomination or election to such office; or

(4) an individual who holds any office in a State, congressional district, county, or precinct political party or organization, or who is a campaign manager or treasurer for any candidate or political party; provided that a delegate to a convention shall not be considered a party office.

None of the persons listed in Subparagraphs (1) through (4) of this Paragraph may sign the application or certificate as a witness for the patient.

(c) On a facility visit, the composition of the visiting Team members shall comply with the requirements of Rule .0102(a)(1) or (a)(2) of this Section.

(d) All Team members shall remain within the presence of each other while visiting or assisting patients or residents.

(e) At each facility visit, the Team shall provide the following assistance to patients or residents who request it:

(1) Assistance in requesting a mail-in absentee ballot: The Team shall collect any request forms submitted by voters and deliver those request forms to the county board of elections office upon leaving the facility. Upon the voter's request, the Team may also:

(A) Assist the voter in completing the request form, provided that the voter signs or, if unable to sign, makes his or her mark or directs that his or her mark to be placed on the form; and

(B) Coordinate a return visit to assist the voter in completing the absentee ballot.

(2) Assistance in casting a mail-in absentee ballot: Before providing assistance in voting by mail-in absentee ballot, a Team member shall be in the presence of another Team member whose registration is not affiliated with the same political party. Team members shall sign the return envelope as witnesses to the marking of the mail-in absentee ballot. If the Team members provide assistance in marking the mail-in absentee ballot, the Team members shall also sign the voter's return envelope to indicate that they provided assistance in marking the ballot.

(f) The Team shall make and keep a record containing the names of all voters who received assistance or cast an absentee ballot during a visit as directed by the county board of elections, and submit that record to the county board of elections.

(g) The Team shall assist patients or residents physically located in the Team's county, regardless of the voter's county of registration. If a patient or resident is registered to vote in another county, the county board of elections in the county where the voter is registered shall communicate any request for assistance to the county board of elections in the county where the voter is physically located.

History

Authority G.S. 163A-1298(a)(4); S.L. 2013-381, s. 4.6(b)
Temporary Adoption Eff. January 1, 2014
Eff. October 1, 2014
Amended Eff. December 1, 2018.

08 NCAC 16 .0105 Removal of Team Members {#sec-08-ncac-16-.0105 omnilex-key=us-nc-regs-official--title-08--08 NCAC 16 .0105}

(a) The County Board of Elections shall revoke, pursuant to G.S. 163-33(2), a Team member's certification granted under Rule .0103 of this Section for the following reasons:

(1) violation of Chapter 163 of the General Statutes or one of the Rules contained in this Section;

(2) political partisan activity in performing Team duties;

(3) failure to respond to directives from the County Board of Elections; or

(4) failure to maintain certification pursuant to Rule .0103 of this Section.

(b) If the County Board of Elections revokes a Team member's certification, the person shall not participate on the Team.

History

Authority G.S. 163-33(2), 163-226.3(a)(4); S.L. 2013-381, s. 4.6(b)
Temporary Adoption Eff. January 1, 2014
Eff. October 1, 2014.

Chapter 17 Photo Identification

08 NCAC 17 .0101 Verification of Photo Identification During in-Person Voting {#sec-08-ncac-17-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 17 .0101}

(a) When a person presenting to vote checks in at a voting site, an election official shall ask the voter to show photo identification in accordance with G.S. 163-166.16 and this Rule. The election official shall examine any photo identification provided by the person presenting to vote and shall determine the following:

(1) The photo identification is of the type acceptable for voting purposes pursuant to G.S. 163-166.16(a). A valid United States passport book or passport card is acceptable pursuant to G.S. 163-166.16(a)(1)c.

(2) The photograph appearing on the photo identification bears a reasonable resemblance to the person presenting to vote. A reasonable resemblance is a similarity in appearance such that an ordinary person would conclude that the photograph on the identification is more likely than not the person presenting to vote. The election official shall make this determination based on the totality of the circumstances, bearing in mind that there are many reasons that a person's appearance could change (such as, for illustrative purposes only, changes in hair, facial hair, or weight; or the effects of medical conditions, aging, or medical treatment). The election official shall also be guided by the purpose of the photo identification requirement, which is to confirm the person presenting to vote is the registered voter on the voter registration records.

(3) The name appearing on the photo identification is the same as or substantially equivalent to the name contained in the voter's voter registration record. The election official shall make this determination based on the totality of the circumstances, construing all evidence, along with any explanation or documentation voluntarily offered by the person presenting to vote, in the light most favorable to that person. The election official shall consider the name appearing on the photo identification to be substantially equivalent to the name contained in the registration record if differences are attributable to a reasonable explanation, which shall include but is not limited to one or more of the following reasons:

(A) Omission or inclusion of one or more parts of the name (such as, for illustrative purposes only, Mary Beth Smith versus Beth Smith, or Patrick Todd Jackson, Jr. versus Patrick Todd Jackson, or Maria Guzman-Santana versus Maria Guzman);

(B) Use of a variation or nickname rather than a formal name (such as, for illustrative purposes only, Bill versus William, or Sue versus Susanne);

(C) Use of an initial in place of one or more parts of a given name (such as, for illustrative purposes only, A.B. Sanchez versus Aaron B. Sanchez);

(D) Use of a former name, including maiden names (such as, for illustrative purposes only, Emily Jones versus Emily Gibson), or a variation that includes or omits a hyphenation or hyphen (such as, for illustrative purposes only, Chantell D. Jacobson-Smith versus Chantell D. Jacobson or Chantell D. Jacobson Smith), an accent (such as, for illustrative purposes only, José Muñoz versus Jose Munoz), or an apostrophe (such as, for illustrative purposes only, Andrea D'Antonio versus Andrea Dantonio);

(E) Ordering of names (such as, for illustrative purposes only, Maria Eva Garcia Lopez versus Maria E. Lopez-Garcia); or

(F) Variation in spelling or typographical errors (such as, for illustrative purposes only, Dennis McCarthy versus Denis McCarthy, or Aarav Robertson versus Aarav Robertsson).

If a voter is casting a provisional ballot because the voter's record does not appear in the poll book, the election official shall instead compare the name on the photo identification with the name provided by the voter on the provisional ballot application.

(b) The election official checking in the person presenting to vote, when examining the photo identification of that person, shall not require the voter to provide any evidence regarding the identification apart from the identification itself. If the face of the person presenting to vote is covered to such an extent that the election official cannot determine reasonable resemblance under Subparagraph (a)(2) of this Rule, then the election official shall inform the voter that the face covering is preventing the official from determining that the photo on the identification is that of the voter and shall offer the voter the option to briefly remove the face covering. If the voter chooses not to remove the covering, then the election official shall enter a challenge in accordance with Subparagraph (d)(3) of this Rule.

(c) Differences between the address appearing on the photo identification of a person presenting to vote and the address contained in the registration record of that person shall not be considered as evidence that the photographic identification fails to meet the requirements of G.S. 163-166.16 or this Rule.

(d) After examining the photo identification according to Paragraphs (a) through (c) of this Rule, the election official shall proceed as follows:

(1) If the election official determines that the photo identification meets all the requirements of Paragraph (a) of this Rule, then the election official shall allow the person to vote pursuant to G.S. 163-166.7.

(2) If the election official determines that the photo identification is not an acceptable type of photo identification under Subparagraph (a)(1) of this Rule, the election official shall inform the person presenting to vote of the reasons for that determination (such as, for illustrative purposes only, that the photo identification is not on the list of student identifications approved by the State Board of Elections) and shall invite the person to provide any other photo identification that is acceptable under Subparagraph (a)(1) of this Rule that the person may have. If the person presenting to vote does not produce photo identification that meets all the requirements of Subparagraph (a)(1) of this Rule, then the election official shall inform the person presenting to vote of both options to vote by provisional ballot in accordance with Paragraph (e) of this Rule.

(3) If the election official determines that the photo or name on the photo identification do not satisfy Subparagraphs (a)(2) and (a)(3) of this Rule, the election official shall inform the person presenting to vote of the reasons for that determination and shall invite the person to provide any other photo identification that the person may have that is acceptable under Subparagraph (a)(1) and satisfies Subparagraphs (a)(2) and (a)(3) of this Rule. If the person presenting to vote does not produce photo identification that meets all the requirements of Paragraph (a) of this Rule, then the election official shall enter a challenge pursuant to G.S. 163-87 and immediately notify the voting site's judges of election of the challenge. The judges of election shall then conduct a challenge hearing, in accordance with the applicable procedures in G.S. 163-88. At the conclusion of the hearing, the judges of election shall vote on whether the photo appearing on the photo identification of the person presenting to vote bears a reasonable resemblance to that person or whether the name appearing on the photo identification is the same as or substantially equivalent to the name contained in the voter's voter registration record, applying the same standards as the election official initially reviewing the identification under Subparagraphs (a)(2) and (a)(3). Each judge shall record the judge's findings in writing. Only if the judges of election unanimously find that the photo appearing on the photo identification does not bear a reasonable resemblance to the person presenting to vote, or that the name appearing on the photo identification is not the same as or substantially equivalent to the name contained in the voter's voter registration record, the voter shall be offered both options to vote by provisional ballot in accordance with Paragraph (e) of this Rule. Absent such a unanimous finding, the person shall vote with a regular ballot pursuant to G.S. 163-166.7. When the judges of election conduct a challenge hearing under this Rule and the challenge is to a curbside voter, to ensure the voting enclosure remains properly attended, the judges may separately visit the curbside location to assess the voter's identification.

(e) A person presenting to vote who does not present acceptable photo identification in accordance with this Rule shall be offered both of the following options:

(1) To vote by provisional ballot with an affidavit claiming an exception to the identification requirement, pursuant to G.S. 163-166.16(d). If the voter has completed the affidavit as required in G.S. 163-166.16(d) and is otherwise eligible to vote, the county board shall count the provisional ballot unless the county board unanimously finds that the affidavit is false. The county board shall substantiate any finding of falsity with grounds recorded in a written decision, and those grounds shall be based only on facts and not speculation. Before disapproving a voter's provisional ballot because of a finding of falsity, the county board shall provide the voter advance notice and an opportunity to address the county board prior to completion of the canvass on any grounds that the county board is considering regarding the falsity of the affidavit. The notice shall identify the specific reasons the county board is considering the affidavit to be potentially false and inform the voter how the voter may address the reasons for potential falsity, which shall include the options to provide a written explanation or documentation or to address the board at a meeting in person. The county board shall send the notice via U.S. Mail within one business day of a county board's preliminary finding of falsity, provided that the opportunity to be heard is at least five days from the date of mailing. The notice shall be mailed for next-day delivery if the opportunity to be heard is less than five days from the date of mailing. Notice shall also be provided within one business day of a county board's preliminary finding of falsity by any email address or phone number that the county board possesses for the voter. The notice and opportunity to address the county board provided for in this Subparagraph shall be offered only to those provisional voters for whom a number of county board members equal to one less than all of the members of the county board, or more, have identified a specific reason, based only on facts and not speculation, to find that the affidavit claiming an exception to the identification requirement is false.

(2) To vote by provisional ballot and then bring to the office of the county board identification acceptable under G.S. 163-166.16 and this Rule before 5 p.m. on the business day before county canvass. If the voter brings photo identification to the office of a county board in a timely manner, a county board staff member shall examine the photo identification in accordance with Paragraphs (a), (b), and (c) of this Rule. After examining the photo identification, the staff member shall proceed as follows:

(A) If the photo identification meets all the requirements of Paragraph (a) of this Rule, the staff member shall recommend approval of the provisional ballot to the county board.

(B) If the photo identification is not an acceptable type of photo identification under Subparagraph (a)(1) of this Rule, then the staff member shall inform the voter of the reasons for that determination, while the voter is at the county board office, and invite the voter to provide an acceptable photo identification in accordance with Subparagraph (d)(2) of this Rule. If the voter does not provide acceptable identification by 5:00 p.m. on the business day prior to the canvass, then county board staff shall recommend disapproval of the provisional ballot to the county board.

(C) If the photo or name on the photo identification do not satisfy Subparagraphs (a)(2) and (a)(3) of this Rule, then the staff member shall inform the voter of the reasons for that determination and shall invite the voter to provide any other photo identification that meets the requirement of Paragraph (a) of this Rule. If the voter does not produce photo identification that meets the requirement of Paragraph (a) of this Rule, then the staff member shall recommend disapproval of the provisional ballot to the county board. While the voter is at the county board office, the staff member shall inform the voter of the recommendation and provide notice to the voter of the county board meeting at which the voter's provisional ballot will be reviewed and considered by the county board. If the voter appears at that meeting and desires to address the county board on whether their photo identification meets the requirement of Paragraph (a) of this Rule, the county board members are subject to the requirements of this Rule in the same manner as a staff member initially examining a voter's photo identification.

If the voter brings photo identification that is an acceptable type of photo identification under Subparagraph (a)(1) of this Rule to the county board office before 5 p.m. on the business day prior to the canvass, the county board shall count the provisional ballot unless the county board unanimously decides the photo identification presented does not satisfy Subparagraphs (a)(2) and (a)(3) of this Rule, in which case the county board shall record in writing the grounds for its decision.

History

Authority G.S. 163-22; 163-166.7; 163-166.11; 163-166.16
Eff. January 1, 2016
Temporary Amendment Eff. August 23, 2019
Temporary Amendment Expired Eff. June 12, 2020
Temporary Amendment Eff. August 1, 2023
Amended Eff. April 1, 2024.

08 NCAC 17 .0102 Determination of Reasonable Resemblance by Judges of Election {#sec-08-ncac-17-.0102 omnilex-key=us-nc-regs-official--title-08--08 NCAC 17 .0102}

History

Status: repealed
Authority G.S. 163-166.7; 163-82.6A; 163-82.15; 163-88.1; 163-166.7; NAACP v. McCrory, 831 F.3d 204 (4th Cir. 2016); 163A-1145.1; S.L. 2018-144, s. 3.1(e)
Eff. January 1, 2016
Temporary Amendment Eff. August 23, 2019 (.0102)
Temporary Repeal Eff. August 23, 2019 (.0103)
Temporary Amendment Expired Eff. June 12, 2020 (.0103)
Temporary Repeal Eff. August 1, 2023
Repealed Eff. April 1, 2024.

08 NCAC 17 .0103 Identification Required of Curbside Voters {#sec-08-ncac-17-.0103 omnilex-key=us-nc-regs-official--title-08--08 NCAC 17 .0103}

History

Status: repealed
Authority G.S. 163-166.7; 163-82.6A; 163-82.15; 163-88.1; 163-166.7; NAACP v. McCrory, 831 F.3d 204 (4th Cir. 2016); 163A-1145.1; S.L. 2018-144, s. 3.1(e)
Eff. January 1, 2016
Temporary Amendment Eff. August 23, 2019 (.0102)
Temporary Repeal Eff. August 23, 2019 (.0103)
Temporary Amendment Expired Eff. June 12, 2020 (.0103)
Temporary Repeal Eff. August 1, 2023
Repealed Eff. April 1, 2024.

08 NCAC 17 .0104 Opportunity to Update Name or Address After Reasonable Resemblance Is Determined {#sec-08-ncac-17-.0104 omnilex-key=us-nc-regs-official--title-08--08 NCAC 17 .0104}

A person able to vote a regular ballot but whose name or address does not match the name or address appearing in the registration record shall be provided the opportunity to update his or her name or address in the registration record pursuant to G.S. 163-82.15(d) and 163-82.16(d) to reflect the person's true and current name and address. If the person updates his or her name or address, the person shall be permitted to vote as set out in G.S. 163-166.7 and 163-166.13(b), so long as the person remains eligible to vote based on residence within the county of the voting place.

History

Authority G.S. 163-82.15(d); 163-82.16(d); 163-166.7; NAACP v. McCrory, 831 F.3d 204 (4th Cir. 2016); 163A-1145.1; S.L. 2018-144, s. 3.1(e)
Eff. January 1, 2016
Temporary Amendment Eff. August 23, 2019
Temporary Amendment Expired Eff. June 12, 2020.

08 NCAC 17 .0105 Declaration of Religious Objection to Photograph {#sec-08-ncac-17-.0105 omnilex-key=us-nc-regs-official--title-08--08 NCAC 17 .0105}

History

Status: repealed
Authority NAACP v. McCrory, 831 F.3d 204 (4th Cir. 2016); S.L. 2018-144, s. 3.1.(a),(e), (h)
Eff. January 1, 2016
Temporary Repeal Eff. August 23, 2019
Temporary Repeal Exp. Eff. June 12, 2020
Temporary Repeal Eff. August 1, 2023
Repealed Eff. April 1, 2024.

08 NCAC 17 .0106 Signage Notifying One-Stop Voters of the Option to Request an Absentee Ballot {#sec-08-ncac-17-.0106 omnilex-key=us-nc-regs-official--title-08--08 NCAC 17 .0106}

History

Status: repealed
Authority NAACP v. McCrory, 831 F.3d 204 (4th Cir. 2016); S.L. 2018-144, s. 3.1.(j)
Eff. March 1, 2016
Temporary Repeal Eff. August 23, 2019
Temporary Repeal Exp. Eff. June 12, 2020
Temporary Repeal Eff. August 1, 2023
Repealed Eff. April 1, 2024.

08 NCAC 17 .0107 Voter photo identification CARd {#sec-08-ncac-17-.0107 omnilex-key=us-nc-regs-official--title-08--08 NCAC 17 .0107}

History

Status: expired
Authority G.S. 163A-741; 163A-869.1(d); S.L. 2018-144, s. 1.1.(b).
Temporary Adoption Eff. April 29, 2019
Temporary Adoption Expired Eff. February 9, 2020.

08 NCAC 17 .0108 Requests for approval of student identification cards and employee identification cards {#sec-08-ncac-17-.0108 omnilex-key=us-nc-regs-official--title-08--08 NCAC 17 .0108}

History

Status: expired
Authority G.S. 163A-741; 163A-1145.2; 163A-1145.3; S.L. 2018-144 s. 1.2.(f); S.L. 2018-146 s. 3.2.(e); S.L. 2019-22 s. 2
Temporary Adoption Eff. July 26, 2019
Temporary Adoption Expired Eff. May 11, 2020.

08 NCAC 17 .0109 photo identification for absentee-by-mail ballots {#sec-08-ncac-17-.0109 omnilex-key=us-nc-regs-official--title-08--08 NCAC 17 .0109}

(a) Identification Requirement for Absentee-by-Mail Ballots. Photo identification accompanying a voter's absentee ballot pursuant to G.S. 163-230.1(f1) is acceptable if it is a photocopy of a type of photo identification acceptable for voting purposes under 18 NCAC 17 .0101(a)(1), is readable, and the name appearing on the identification is the same as or substantially equivalent to the name contained in the voter's voter registration record in accordance with 08 NCAC 17 .0101(a)(3). As used in this Rule, "readable" means that, on the photocopy of identification required by this Rule, the name on the identification can be read and the photograph depicts a person, as opposed to displaying, for example, a mere shadow or outline of a person. A photo identification shall not be rejected due to differences between the address appearing on an absentee voter's photo identification and any address contained on the voter's absentee request form, absentee ballot application, or registration record. A copy of photo identification that is acceptable under this Rule need include only the side of the identification (or, if the identification is a booklet, the page of the identification) where the person's name and photo appears.

(b) Initial Review by County Board Staff. County Board staff shall, upon receipt of a voter's absentee ballot application, determine whether the application is accompanied by a photocopy of photo identification that is acceptable under Paragraph (a) of this Rule, or, if the application is accompanied by an affidavit claiming an exception to the identification requirement pursuant to G.S. 163-166.16(d), determine whether the affidavit includes the affirmations required by G.S. 163-166.16(d) for that exception and, if applicable, the personal identification number required to be provided by G.S. 163-230.1(g)(2). Staff shall review the registration records to determine whether the number provided matches the corresponding number in the registration records. The number required to be provided by G.S. 163-230.1(g)(2) is deficient only if it does not match the corresponding number listed in the voter's voter registration record.

If staff identify any deficiency, they shall mail written notice of the deficiency to the voter within one business day of identifying the deficiency, informing the voter that the voter, the voter's verifiable legal guardian or near relative, or a person of the voter's choice if the voter needs assistance due to the voter's disability, may provide a photocopy of the voter's acceptable photo identification or a completed affidavit claiming an exception. The notice shall state the photocopy or affidavit must be received by the county board by 5 p.m. on the business day before the county canvass. The notice of the deficiency shall also be provided by telephone or email if the telephone number or email address was provided by the voter on the request form for the absentee ballot. The voter may transmit either of the above documentation curing the deficiency in person, by mail, or by email.

(c) Final Review by County Board. The county board shall, at the first meeting held pursuant to G.S. 160-230.1(f) after the application and ballot is received, proceed as follows:

(1) If the voter has submitted a photocopy of their photo identification, the county board shall make its determination whether the identification is acceptable under Paragraph (a) of the Rule. A final determination that the photocopy of the photo identification is not acceptable under Paragraph (a) of this Rule shall require a unanimous vote by the county board. If the county board makes a final determination that a voter's photocopy of the photo identification is not acceptable, staff shall notify the voter as provided in Paragraph (b) of this Rule, and the county bord shall reserve its final decision on the approval of the absentee application until the next official meeting after it receives documentation curing the deficiency or the county canvass, whichever occurs first.

(2) If the voter has completed an affidavit claiming an exception to the identification requirement pursuant to G.S. 163-166.16(d) and is otherwise eligible to vote, the county board may reject that person's ballot only if the county board unanimously finds that the affidavit is false. The county board shall substantiate any finding of falsity with grounds recorded in a written decision, and those grounds shall be based only on facts and not speculation. Before rejecting a voter's ballot because of a finding of falsity, the county board shall provide the voter advance notice and an opportunity to address the county board prior to the completion of canvass on any grounds that the county board is considering regarding the falsity of the affidavit. The notice shall identify the specific reasons the county board is considering the affidavit to be potentially false and inform the voter how the voter may address the reasons for potential falsity, which shall include the options to provide a written explanation or documentation or to address the board at a meeting in person. The county board shall send the notice via U.S. Mail within one business day of a county board's preliminary finding of falsity, provided that the opportunity to be heard is at least five days from the date of mailing. The notice shall be mailed for next-day delivery if the opportunity to be heard is less than five days from the date mailing. Notice shall also be provided within one business day of a county board's preliminary finding of falsity by any email address or phone number that the county board possesses for the voter. The notice and opportunity to address the county board provided for in this Subparagraph shall be offered only to those voters for whom a number of county board members equal to one less than all of the members of the county board, or more, have identified a specific reason, based only on facts and not speculation, to find that the affidavit claiming an exception to the identification requirement is false.

(3) If a voter's photocopy of photo identification or affidavit claiming an exception to the identification requirement pursuant to G.S. 163-166.16(d) is deemed deficient upon initial review under Paragraph (b) of this Rule, the county board shall reserve its final decision on the approval of the absentee application until the next official meeting after it receives documentation curing the deficiency identified pursuant Paragraph (b) of this Rule or the county canvass, whichever occurs first.

(d) Exception for Military and Overseas Voters. A voter who is casting a ballot pursuant to G.S. 163, Article 21A, Part 1 is not required to submit a photocopy of acceptable photo identification under Paragraph (a) of this Rule or claim an exception under G.S. 163-166.16(d).

(e) Return of Original Form of Identification. If a voter sends their original form of photo identification in the container-return envelope, or if a voter or other person permitted to return the voter's absentee ballot hand-delivers an absentee ballot to the county board of elections that is not accompanied by a photocopy of the voter's photo identification and the voter or other person has the voter's photo identification that is a type acceptable for voting purposes under 08 NCAC 17 .0101(a)(1) on hand, the county board shall make a photocopy of the identification, which shall serve as an acceptable photo identification accompanying the voter's absentee ballot. When a voter sends their original form of photo identification in the container-return envelope, the county board shall notify the voter by mail and by any email address or phone number that the county bord possesses for the voter that the original photo identification will be returned to the voter. The county board shall us a method of return that documents receipt of the photo identification.

History

Authority G.S. 163-22; 163-166.7; 163-166.16; 163-230.1
Temporary Adoption Eff. August 23, 2019; January 1, 2020
Temporary Rule Exp. Eff. October 11, 2020
Temporary Adoption Eff. August 1, 2023
Eff. April 1, 2024.

Chapter 18 Absentee Ballots

08 NCAC 18 .0101 absentee ballot delivery {#sec-08-ncac-18-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 18 .0101}

(a) A qualified individual with a disability who, due to a disability, requires assistance mailing his or her return envelope containing an executed absentee ballot may direct that the sealed envelope be taken directly to the closest U.S. mail depository or mailbox by a person selected by the voter, so long as the individual is not disqualified from assisting the voter under G.S. 163A-1298(a)(4) or G.S. 163A-1317(c). For purposes of this Rule, "directly" means taken to the depository or mailbox without stopping or making any detour. For the purposes of this Rule, "closest" means the location the shortest distance away from the voter.

(b) Any individual who assists in the manner described in this Rule shall indicate that he or she assisted the voter by marking the space provided for assistors on the return envelope containing the executed absentee ballot.

(c) This Rule is adopted in accord with Title II of the Americans with Disabilities Act of 1990, which provides that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity."

Eff. September 1, 2018.

History

Authority G.S. 163A-741; 163A-1308(g); 163A-1310(b)(1); 42 U.S.C. 12132; Nat'l Fed'n of the Blind v. Lamone, 813 F.3d 494 (4th Cir. 2016)

08 NCAC 18 .0102 in-person return of absentee ballots {#sec-08-ncac-18-.0102 omnilex-key=us-nc-regs-official--title-08--08 NCAC 18 .0102}

Any person who returns an absentee ballot in person to a county board of elections office shall, upon delivery, provide the following information in writing:

(1) Name of voter;

(2) Name of person delivering ballot;

(3) Relationship to voter;

(4) Phone number (if available) and current address of person delivering ballot;

(5) Date and time of delivery of ballot; and

(6) Signature or mark of person delivering ballot certifying that the information provided is true and correct and that the person is the voter or the voter's near relative as defined in G.S. 163A-1308(h) or verifiable legal guardian as defined in G.S. 163A-1295(e).

At the absentee meeting held pursuant to G.S. 163A-1308(e) and G.S. 163A-1315, the county board of elections may consider the delivery of a ballot in accordance with this Rule in conjunction with other evidence in determining whether the container-return envelope has been properly executed according to the requirements in G.S. 163A-1310. Failure to comply with this Rule shall not constitute evidence sufficient in and of itself to establish that the voter did not lawfully vote his or her ballot.

History

Authority G.S. 163A-741; 163A-1298(a)(5); 163A-1308(g); 163A-1310
Eff. December 1, 2018.

Chapter 20 Election Observers

08 NCAC 20 .0101 challenge to the appointment of an observer {#sec-08-ncac-20-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 20 .0101}

(a) Filing of Challenges. A county board of elections, by a majority vote and documented through a written statement made by any board member, may challenge the appointment of any observer appointed to serve in that county, and a chief judge of a voting place may challenge the appointment of any observer appointed to serve in that voting place. The challenge shall be submitted electronically or in writing to the county board of elections office before the observer is scheduled to serve. The challenge shall contain the following information:

(1) the name of the observer;

(2) the party or unaffiliated candidate that appointed the observer; and

(3) the basis for the challenge pursuant to G.S. 163-45.1(f).

The county board of elections office shall immediately provide a copy of the challenge to the chair of the political party or candidate that appointed the observer. A notification sent within three business hours of receipt of the challenge to an email address provided by the chair of the political party or by the candidate appointing the observer is a method of providing immediate notice. For the purposes of this Rule, business hours are defined as the State Board's regular business hours identified in 08 NCAC 01 .0101.

(b) Hearing of Challenges. Upon receiving a challenge pursuant to Paragraph (a) of this Rule, the county board of elections shall hold a hearing and decide the challenge as expeditiously as possible but no later than two business days after the challenge is filed. For the purposes of this Paragraph, a business day includes regular business days of the county board of elections and any weekend days that the county board of elections has an early voting site open in the county during the period provided in G.S. 163-166.40. The chair of the county board of elections shall set the time of the hearing. The hearing may be held remotely, including by telephone. The county board shall provide notice of the hearing by electronic mail or telephone to the chair of the political party or the unaffiliated candidate that appointed the observer, in addition to providing the meeting notice required by G.S. 143-318.12. If notice is by telephone, the county board shall also provide the notice by electronic mail or text message. The notice shall inform the chair of the political party or the candidate that they may waive the hearing or decline to contest the challenge, in which case no hearing shall be held, and the county board may decide the challenge, as submitted, at a meeting held at the same time as the noticed hearing. At the hearing, the county board shall accept written or oral submissions from elections officials, observers, witnesses, and other individuals with pertinent information. The decision on the challenge shall be rendered at the meeting for which the challenge was noticed. The decision shall be reduced to writing and served within 24 calendar hours of the meeting, either electronically or in person, to the chair of the political party or on the candidate appointing the observer.

(c) Appeals on Challenges. The decision by a county board of elections on a challenge to the appointment of an observer pursuant to Paragraph (b) of this Rule may be appealed only by the political party or candidate that appointed the observer. The county board's decision shall not be stayed pending appeal. The appeal shall be filed with the State Board of Elections via email to legal@ncsbe.gov no later than two business hours after the county board's decision is served pursuant to Paragraph (b) of this Rule. The appeal shall contain an argument explaining why the county board's decision should be reversed on account of one or more of the grounds listed in G.S. 150B-51(b) and shall be signed by the person filing the appeal. A copy of the county board decision shall be filed with the appeal. Upon receiving an appeal, the State Board shall decide the appeal on the basis of the record and may permit oral argument on the appeal if the chair of the Board concludes that the written record alone is not legally sufficient to make a decision on the appeal. The appeal shall be decided as expeditiously as possible. The decision of the State Board shall be reduced to writing and served electronically on the chair of the political party or on the candidate appointing the observer within 24 calendar hours of the decision having been made.

(d) An observer who is successfully challenged pursuant to this Rule shall not be permitted to serve as an observer in the primary or election during which they were challenged.

History

Authority G.S. 163-22; 163-45.1
Eff. October 1, 2018
Amended Eff. September 1, 2021
Temporary Amendment Eff. February 8, 2024
Temporary Amendment Exp. November 26, 2024
Amended Eff. August 1, 2025.

08 NCAC 20 .0102 Appeal of removal of an observer from a voting site {#sec-08-ncac-20-.0102 omnilex-key=us-nc-regs-official--title-08--08 NCAC 20 .0102}

(a) Filing of Appeal. The decision by a chief judge to remove an observer pursuant to G.S. 163-45.1(j) may be appealed only by the chair of the political party or the candidate that appointed the observer. The appeal shall be filed with the county board of elections in the county where the observer was removed. To file the appeal, the appeal shall be emailed to the county director of elections or physically delivered to the county board office during business hours as follows:

(1) If the observer was removed from an early voting site, the appeal shall be filed within one business day of when the observer was removed. For the purposes of this Rule, a business day includes regular business days of the county board of elections and any weekend days that the county board of elections has an early voting site open in the county during the period provided in G.S. 163-166.40.

(2) If the observer was removed from an Election Day voting site, the appeal shall be filed within two calendar hours of when the observer was removed.

The appeal shall contain an argument explaining why the chief judge's decision should be reversed on account of one or more of the grounds listed in G.S. 150B-51(b). It shall state whether a hearing is requested and shall be signed by the person filing the appeal. The decision to remove an observer shall not be stayed pending appeal.

(b) Hearing of Appeal. The county board shall consider appeals filed pursuant to Paragraph (a) of this Rule as follows:

(1) If the observer was removed from an early voting site, the county board shall decide the appeal as expeditiously as possible but no later than two business days after the appeal was received.

(2) If the observer was removed from an Election Day voting site, the county board shall decide the appeal as expeditiously as possible but no later than four calendar hours after the appeal was received.

The county board shall provide notice of the meeting at which the appeal will be decided by electronic mail or telephone to the chair of the political party or the unaffiliated candidate that appointed the observer, in addition to providing the meeting notice required by G.S. 143-318.12. If notice is by telephone, the county board shall also provide the notice by email or text message. The county board's meeting may be held remotely, including by telephone. The county board shall accept written or oral submissions from elections officials, observers, witnesses, and other individuals with pertinent information. If no hearing is requested, the county board shall decide the appeal, based on written submissions only, at a meeting held at the same time as the noticed hearing. The decision shall be reduced to writing and served within 24 calendar hours after the meeting for early voting, and 2 calendar hours after the meeting on Election Day, either electronically or in person, to the chair of the political party or on the candidate appointing the observer.

(c) An observer who is removed from serving as an observer pursuant to G.S. 163-45.1(j) or this Rule shall not be permitted to serve as an observer in the primary or election during which they were removed.

History

Authority G.S. 163-22; 163-45.1
Temporary Adoption Eff. February 8, 2024
Temporary Amendment Exp. November 26, 2024
Adoption Eff. August 1, 2025.

08 NCAC 20 .0103 Identification of Observers {#sec-08-ncac-20-.0103 omnilex-key=us-nc-regs-official--title-08--08 NCAC 20 .0103}

Every appointed observer serving at a voting site pursuant to G.S. 163-45.1 shall wear an identification tag to make voters and elections officials aware of the observer's role in the voting site. The tag shall read "Observer for [Name] Party" or "Observer for Candidate [Name]" with the "[Name]" being the name of the political party or the candidate, as applicable. The tag shall be provided by the county board of elections and shall be no greater in size than a square measuring four inches by four inches.

History

Authority G.S. 163-22; 163-45.1
Temporary Adoption Eff. February 8, 2024
Temporary Adoption Exp. November 26, 2024
Adoption Eff. August 1, 2025.

Chapter 21 Departmental Rules

08 NCAC 21 .0101 best efforts {#sec-08-ncac-21-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 21 .0101}

The treasurer of a political committee or referendum committee shall be deemed to have exercised best efforts to obtain, maintain, and report the information required by G.S. 163-278.11(a)(1) if all of the following efforts set forth in this Rule are made:

(1) All written solicitations for contributions include a request for the contributor's full name, mailing address, and principal occupation as defined in G.S. 163-278.11(a)(1), and include a statement of North Carolina law regarding the collection and reporting of individual contributor information. The following are examples of acceptable statements for a candidate committee, political committee, or referendum committee:

(a) "State law requires us to use our best efforts to collect and report the full name, mailing address, job title or profession, and employer's name or employer's specified field of business activity of individuals whose contributions exceed fifty dollars ($50.00) in an election"; and

(b) "To comply with State law, we must use best efforts to obtain, maintain, and submit the full name, mailing address, job title or profession, and employer's name or employer's specified field of business activity of individuals whose contributions exceed fifty dollars ($50.00) in an election."

The request and statement shall appear in a clear and conspicuous manner on any response material included in a solicitation. The request and statement are not clear and conspicuous if they are in small type in comparison to the solicitation and response materials, or if the printing is difficult to read or if the placement is easily overlooked by the potential contributor.

(2) For each aggregate contribution received in excess of fifty dollars ($50.00) per election, as defined in G.S. 163-278.13(e), which lacks required contributor information, such as the contributor's full name, mailing address, job title or profession, or employer's name or employer's specified field of business activity, the treasurer makes at least one effort after the receipt of the contribution to obtain the missing information. That effort shall consist of either a written request sent to the contributor or an oral request to the contributor documented in writing. All documented requests shall be preserved and retained consistent with G.S. 163-278.35. The written or oral request must be made no later than 30 days after receipt of the contribution. The written or oral request shall not include material on any other subject or any additional solicitation, except that it may include language thanking the contributor for the contribution. The request must ask for the missing information and must include the statement set forth in Item (1) of this Rule. Written requests must include this statement in a clear and conspicuous manner. If the request is written, it shall be accompanied by a pre-addressed return post card or envelope for the response material.

(3) The treasurer reports all contributor information not provided by the contributor, but in the political committee's or referendum committee's possession, including information in contributor records, fundraising records and previously filed reports, in the same election cycle.

(4) If, after complying with all provisions of this section, the treasurer is unable to identify the contributor's principal occupation, the treasurer lists all available information and report "unable to obtain" as to the missing occupational information.

(5) If any of the contributor information is received after the contribution has been disclosed on a regularly scheduled report, the candidate committee, political committee, or referendum committee files on or before its next regularly scheduled reporting date, amendments to the report(s) originally disclosing the contribution(s), which include the contributor identifications together with the dates and amounts of the contribution(s). Amendments must be filed for all reports that cover the election in which the contribution was received that disclose itemizable contributions from the same contributor if the contributor information is incorrect or missing from the report.

History

Authority G.S. 163-278.11; 163-278.21; 163-278.22
Eff. May 1, 2020.

08 NCAC 21 .0102 reporting of independent expenditures {#sec-08-ncac-21-.0102 omnilex-key=us-nc-regs-official--title-08--08 NCAC 21 .0102}

(a) Once an individual as defined in G.S. 163-278.6(55), person as defined in G.S. 163-278.6(72), or other entity required to report independent expenditures under G.S. 163-278.12(a) has made independent expenditures with a present actual or market value in excess of one hundred dollars ($100.00) during an election as defined in G.S. 163-278.6(30), the individual, person, or entity shall report all independent expenditures, and any donations made to further independent expenditures, with the following board of elections:

(1) if the district of the candidate or ballot issue supported or opposed is within one county, and the candidate is not running for a legislative, judicial, or district attorney office, the report shall be filed with the county board of elections; or

(2) if the district of the candidate or ballot issue supported or opposed extends to more than one county, or the candidate is running for a legislative, judicial, or district attorney office, the report shall be filed with the State Board.

(b) An independent expenditure filer is the individual, person, or other entity making a reportable independent expenditure under G.S. 163-278.12(a). If the independent expenditure filer is an individual, the individual shall sign all reports. If the independent expenditure filer is a person or other entity, an authorized officer or an authorized representative of the person or entity shall sign all reports.

(c) The independent expenditure filer shall file CRO-2210A Independent Expenditure Report Cover, CRO-2210B Donations to Further Independent Expenditures, and CRO-2210C Incurred Costs of Independent Expenditures available on the State Board's website, http://www.ncsbe.gov, unless the independent expenditure filer files reports electronically consistent with 08 NCAC 21 .0106. Independent expenditure reports filed with the county board of elections or the State Board shall include all of the following:

(1) the independent expenditure filer's name and mailing address;

(2) a phone number for the independent expenditure filer;

(3) if the independent expenditure filer is an individual, the filer's principal occupation as defined in G.S. 163-278.11(a)(1);

(4) if the independent expenditure filer is a person or entity, the principal place of business of the person or entity;

(5) for each independent expenditure made:

(A) The name and mailing address of the payee;

(B) The amount paid;

(D) A description of the expenditure; and

(E) The name of the candidate, candidates of an identified political party, or referendum supported or opposed by the independent expenditure;

(6) for each donation of more than one hundred dollars ($100.00) that must be reported under G.S. 163-278.12(f):

(A) the donor's name and mailing address;

(B) if the donor is an individual, the donor's principal occupation as defined in G.S. 163-278.11(a)(1);

(D) the amount of the donation; and

(E) the date of the donation; and

(7) a certification as to whether any expenditures reported were made in concert or cooperation with, or at the request or suggestion of, a candidate, a candidate campaign committee as defined in G.S. 163-278.38Z(3), a referendum committee, the agent of a candidate, the agent of a candidate campaign committee, or an agent of a referendum committee.

(d) An independent expenditure filer that makes expenditures with a present, actual, or market value in excess of five thousand dollars ($5,000.00) during an election as defined in G.S. 163-278.6(30) shall file independent expenditure reports electronically consistent with 08 NCAC 21 .0106.

(e) For each independent expenditure report filed electronically, the individual or an authorized officer or an authorized representative of the independent expenditure filer shall sign and file the Independent Expenditure Report Cover in accordance with Paragraph (g) of this Rule.

(f) The independent expenditure filer shall complete and file forms within the time period set forth in G.S. 163-278.12(d). An independent expenditure filer that makes a reportable independent expenditure within 10 days of an election, and has not previously reported independent expenditures during the election the independent expenditure affects, shall file reports no later than the 10th day after the independent expenditures exceed one hundred dollars ($100.00). After the initial report, the independent expenditure filer shall continue to file independent expenditure reports according to the reporting schedule in G.S. 163-278.9 until the end of the election. The final report for a given election shall cover the period through the day of the election. If the independent expenditure filer makes independent expenditures in support of or in opposition to municipal candidates or municipal ballot issues, the independent expenditure filer shall report all independent expenditures according to the reporting schedule in Part 2 of Article 22A of Chapter 163 of the General Statutes.

(g) A report is considered filed either:

(1) on the date it is received by hand-delivery during regular business hours at the board of elections office;

(2) on the date it is postmarked to the board of elections by the United States Postal Services or marked with an equivalent marking by a delivery service authorized by G.S. 1A-1, Rule 4; or

(3) for an independent expenditure report filed electronically pursuant to Paragraph (d) of this Rule, on the date the completed and signed report is emailed to the State Board of Elections at campaign.reporting@ncsbe.gov.

(h) A report that is missing any of the information in Paragraph (c) of this Rule shall not be considered filed in accordance with G.S. 163-278.12(d).

(i) An independent expenditure filer that makes an expenditure of five thousand dollars ($5,000) or more or receives a donation of one thousand dollars ($1,000) or more before an election but after the period covered by the last report due before that election, shall file a 48-hour report with the State Board or county board of elections using forms available on the State Board's website. An independent expenditure filer that makes a reportable independent expenditure within 10 days of an election, and has not previously reported independent expenditures during the election the independent expenditure affects, shall file 48-hour reports in accordance with this Paragraph. A 48-hour report shall be made using CRO-2210A Independent Expenditure Report Cover, CRO-2210B Donations to Further Independent Expenditures, and CRO-2210C Incurred Costs of Independent Expenditures. 48-hour reports may be filed by fax or email.

History

Authority G.S. 163-278.12; 163-278.21; 163-278.22
Eff. May 1, 2020
Amended Eff. September 1, 2025; September 1, 2021.

08 NCAC 21 .0103 reporting of special contributions {#sec-08-ncac-21-.0103 omnilex-key=us-nc-regs-official--title-08--08 NCAC 21 .0103}

(a) Once a person as defined in G.S. 163-278.6(72) or other entity required to report contributions under G.S. 163-278.12(b) has made contributions with a present, actual, or market value in excess of one hundred dollars ($100.00) during an election as defined in G.S. 163-278.6(30), the person or entity shall report all contributions made, and any donations made to further contributions, with the following board of elections:

(1) if the district of the candidate, committee, or ballot issue supported or opposed is within one county, and the candidate is not running for a legislative, judicial, or district attorney office, the report shall be filed with the county board of elections; or

(2) if the district of the candidate, committee, or ballot issue supported or opposed extends to more than one county, or the candidate is running for a legislative, judicial, or district attorney office, the report shall be filed with the State Board.

(b) A special contributor is the person or other entity making a reportable contribution under G.S. 163-278.12(b). An authorized officer or an authorized representative of the person or entity shall sign all reports.

(c) When reporting contributions, the special contributor shall file CRO-2215A Special Contributor Report Cover, CRO-2215B Donations to Further Contributions, and CRO-2215C Contributions to Registered Committees available on the State Board's website. Special contributor reports filed with the county board of elections or the State Board of Elections shall include all of the following:

(1) the special contributor's name and mailing address;

(2) the special contributor's principal place of business;

(3) for each contribution made;

(A) the name and mailing address of the recipient committee;

(B) the amount of the contribution;

(D) for any in-kind contribution, a description of the expenditure;

(4) for each donation of more than one hundred dollars ($100.00) that must be reported under G.S. 163-278.12(f):

(A) the donor's name and mailing address;

(B) if the donor is an individual, the donor's principal occupation as defined in G.S. 163-2778.11(a)(1);

(D) if the donor is a person, the principal place of business of that person;

(E) the amount of the donation;

(F) the date of the donation;

(d) The special contributor shall complete and file forms within the time period set forth in G.S. 163-278.12(d). A special contributor that makes a reportable contribution within 10 days of an election, and has not previously reported contributions during that election, shall file reports no later than the 10th day after contributions exceed one hundred dollars ($100.00). After the initial report, the special contributor shall continue to file special contributor reports according to the reporting schedule in G.S. 163-278.9 until the end of the election. The final report for a given election shall cover the period through the day of the election. If the special contributor makes contributions in support of or in opposition to municipal candidates or municipal ballot issues, the special contributor shall report all contributions according to the reporting schedule in Part 2 of Article 22A of Chapter 163 of the General Statutes.

(e) A report is considered filed either:

(1) on the date it is received by hand-delivery during regular business hours at the county board of elections or State Board of Elections; or

(2) on the date it is postmarked by the United States Postal Services or marked with an equivalent marking by a delivery service authorized by G.S. 1A-1, Rule 4.

(f) A report that is missing any of the information in Paragraph (c) shall not be considered filed in accordance with G.S. 163-278.12(d).

(g) A special contributor that makes a contribution of five thousand dollars ($5,000) or more or receives a donation of one thousand dollars ($1,000) or more before an election but after the period covered by the last report due before that election, shall file a 48-hour report with the State Board or county board of elections using forms available on the State Board's website. A special contributor that makes a reportable contribution within 10 days of an election, and has not previously reported contributions during that election, shall file 48-hour reports in accordance with this Paragraph. A 48-hour report shall be made using CRO-2215A Special Contributor Report Cover, CRO-2215B Donations to Further Contributions, and CRO-2215C Contributions to Registered Committees. 48-hour reports may be filed by fax or email.

History

Authority G.S. 163-278.12; 163-278.21; 163-278.22
Eff. May 1, 2020
Amended Eff. September 1, 2021.

08 NCAC 21 .0104 reporting of electioneering communications {#sec-08-ncac-21-.0104 omnilex-key=us-nc-regs-official--title-08--08 NCAC 21 .0104}

(a) Once an individual as defined in G.S. 163-278.6(55), person as defined in G.S. 163-278.6(72), or other entity required to report electioneering communications under G.S. 163-278.12C has incurred an expense for the direct cost of producing or airing electioneering communications as defined in G.S. 163-278.6(8j) with a present actual or market value aggregating in excess of five thousand dollars ($5,000), the individual, person, or entity shall report all electioneering communications, and any donations made to further electioneering communications, with the following board of elections:

(1) if the district of the candidate referred to is within one county, and the candidate is not running for a legislative, judicial or district attorney office, the report shall be filed with the county board of elections; or

(2) if the district of the candidate referred to extends to more than one county, or the candidate is running for a legislative, judicial or district attorney office, the report shall be filed with the State Board.

(b) For an individual required to report electioneering communications, the individual shall sign all reports. For a person or other entity required to report electioneering communications, an authorized officer or an authorized representative of the person or entity shall sign all reports.

(c) The direct cost of producing or airing electioneering communications includes, but is not limited to, the cost of studio rental time; video or audio recording media; staff salaries; consultant fees; talent; airtime on broadcast, cable or satellite radio and television stations; and the charges for a broker to purchase the airtime.

(d) When reporting electioneering communications, the individual, person, or entity shall file CRO-2310 Electioneering Communications Report Cover, CRO-2320 Controlling/Directing Entity List; CRO-2330 Receipts for Electioneering Communications, and CRO-2340 Incurred Costs for Electioneering Communications available on the State Board's website. Electioneering Communication reports filed with the county board of elections or the State Board of Elections shall include all of the following:

(1) the name and mailing address of the individual, person, or entity incurring the expense;

(2) a phone number for the individual, person, or entity incurring the expense;

(3) the name and mailing address of the custodian of the books and accounts of the individual, person, or entity incurring the expense;

(4) if the expense is incurred by an individual, the individual's principal occupation as defined in G.S. 163-278.11(a);

(5) if the expense is incurred by a person or entity, the principal place of business of the person or entity;

(6) if an individual, person, or entity is sharing or exercising direction or control over the activities of the individual, person, or entity incurring the expense with regards to the electioneering communication:

(A) the name and mailing address of the individual, person or entity sharing or exercising direction or control;

(B) if an individual, the individual's principal occupation as defined in G.S. 163-278.11(a)(1); and

(7) for each electioneering communication reported:

(A) the name and mailing address of each individual, person or entity paid to produce the electioneering communication;

(B) the amount paid to each individual, person or entity to produce the electioneering communication;

(D) a description of the electioneering communication, including any title; and

(E) the name of the candidate or candidates referred to in the electioneering communication;

(8) for each donation of more than one thousand dollars ($1,000) during the reporting period made to further the electioneering communication:

(A) the donor's name and mailing address;

(B) if the donor is an individual, the individual's principal occupation as defined in G.S. 163-278.11(a)(1);

(D) the amount of the donation; and

(E) the date of the donation.

(e) The individual, person, or entity required to report electioneering communications shall file the forms within the time period set forth in G.S. 163-278.12C(b). After the initial report, the individual, person, or entity incurring the expense shall continue to file electioneering communications reports according to the reporting schedule in G.S. 163-278.9 until the end of the election. The final report for a given election shall cover the period through the day of the election.

(f) A report is considered filed either:

(1) on the date it is received by hand-delivery during regular business hours at the county board of elections or State Board of Elections; or

(2) on the date it is postmarked by the United States Postal Services or marked with an equivalent marking by a delivery service authorized by G.S. 1A-1, Rule 4.

(g) A report that is missing any of the information in Paragraph (c) shall not be considered filed in accordance with G.S. 163-278.12C.

(h) A 48-hour report shall be filed with the State Board of Elections or county board of elections using forms provided by the State Board if an individual, person or entity that produces or airs an electioneering communication incurs an expense of five thousand dollars ($5,000) or more or receives a donation of one thousand dollars ($1,000) or more for making an electioneering communication before an election but after the period covered by the last report due before that election. A 48-hour report shall be made using CRO-2310 Electioneering Communications Report Cover, CRO-2320 Controlling/Directing Entity List, CRO-2330 Receipts for Electioneering Communications, and CRO-2340 Incurred Costs for Electioneering Communications. 48-hour reports may be filed by fax or email.

History

Authority G.S. 163-278.12C; 163-278.21; 163-278.22
Eff. May 1, 2020
Amended Eff. September 1, 2021.

08 NCAC 21 .0105 federal political committee reporting {#sec-08-ncac-21-.0105 omnilex-key=us-nc-regs-official--title-08--08 NCAC 21 .0105}

History

Status: repealed
Authority G.S. 163-278.7A; 163-278.21; 163-278.22
Eff. May 1, 2020
Repealed Eff. April 1, 2025.

08 NCAC 21 .0106 electronic filing {#sec-08-ncac-21-.0106 omnilex-key=us-nc-regs-official--title-08--08 NCAC 21 .0106}

(a) All political committees required to file electronically pursuant to G.S. 163-278.9(i) shall prepare disclosure reports using either of the following:

(1) the current version of the campaign finance software made available by the North Carolina State Board of Elections and available for download on the State Board website; or

(2) third party software only if that software can generate reports that are capable of import into the State Board's central database. The import file formats and validation tool to assist in verifying the format of import files shall be available on the State Board's website.

(b) Reports generated by the State Board software or third-party software shall be filed by e-mailing the generated .cfd file to campaign.reporting@ncsbe.gov. State Board staff shall process the .cfd file and send an e-mail to the political committee's treasurer confirming receipt.

(d) For each disclosure report filed electronically, the treasurer shall sign and file a CRO-1000 Disclosure Report Cover. The Disclosure Report Cover shall report:

(1) the full name, mailing address, phone number, and NC ID Number assigned to the political committee;

(2) the report year, period start date, and period end date for the report;

(3) the full name of the treasurer during the period;

(4) type of committee;

(5) type of report;

(6) account information;

(7) date filed; and

(8) an original signature and certification in accordance with G.S. 163-278.32.

(e) A Disclosure Report Cover is considered filed:

(1) on the date it is received by hand-delivery during regular business hours at the board of elections office;

(2) on the date it is postmarked to the board of elections by the United States Postal Service or marked with an equivalent marking by a delivery service authorized by G.S. 1A-1, Rule 4; or

(3) on the date the CRO-1000 Disclosure Report Cover with a valid electronic signature is emailed to campaign.reporting@ncsbe.gov.

(f) A committee that exceeds the reporting threshold in G.S. 163-278.9(i) during an election cycle, and is required to start filing electronically shall ensure that each contributor's reported sum-to-date for the election cycle includes the sum of contribution received before the political committee began filing electronically.

(g) A committee that is required to file electronically pursuant to G.S. 163-278.9(i) and only files a paper report shall be deemed to have failed to file and shall be subject to the procedures for committees with missing reports in 08 NCAC 21 .0207.

History

Authority G.S. 163-278.9; 163-278.21; 163-278.22
Eff. May 1, 2020
Amended Eff, September 1, 2025.

08 NCAC 21 .0107 Electronic Signature {#sec-08-ncac-21-.0107 omnilex-key=us-nc-regs-official--title-08--08 NCAC 21 .0107}

Any political committee, referendum committee, or other filer authorized to submit reports, disclosures, or certifications consistent with 08 NCAC 21 .0106 may use an electronic signature permissible under G.S. 66-58.5.

History

Authority G.S. 163-278.9; 163-278.21
Eff. September 1, 2021.

08 NCAC 21 .0108 Reporting Periods {#sec-08-ncac-21-.0108 omnilex-key=us-nc-regs-official--title-08--08 NCAC 21 .0108}

(a) The State Board shall post on the State Board's website the period start date and period end date for each quarterly and semiannual report that must be filed under G.S. 163-278.9 and for each pre-referendum, final and annual report that must be filed under G.S. 163-278.9A.

(b) The treasurer shall not sign or file the report until 12:00 a.m. the day after the period end date for each report.

History

Authority G.S. 163-278.9; G.S. 163-278.21
Eff. September 1, 2025.

08 NCAC 21 .0201 PROCEDURES FOR POLITICAL and referendum COMMITTEES (effective until March 31, 2023) {#sec-08-ncac-21-.0201 omnilex-key=us-nc-regs-official--title-08--08 NCAC 21 .0201}

(a) All bank accounts, safety deposit boxes, and other depositories utilized by political committees and referendum committees listed on the statement of organization as required by G.S. 163-278.7(b)(8) or G.S. 163-278.8(b) must be maintained in North Carolina.

(b) Whenever a political committee or referendum committee fails to file with the State Board any report required to be filed under the provisions of Article 22A of Chapter 163, the Board, by certified mail, shall issue a formal Notice of Noncompliance to the political treasurer of the committee and shall order that the report be filed within 30 days of issuance. In the event the committee does not file its report within 30 days of the issuance of the Notice of Noncompliance, the Board by certified mail shall issue a Notice of Termination of Active Status, which shall render the committee ineligible to receive or make contributions until such time as it has filed the delinquent report and has satisfied any statutory penalty incurred pursuant to G.S. 163-278.34.

SECTION .0200 – POLITICAL COMMITTEES AND REFERENDUM COMMITTEES

History

Authority G.S. 163-278.7; 163-278.8; 163-278.21; 163-278.22; 163-278.23; 163-278.27; 163-278.34
Eff. December 1, 1982
Amended Eff. February 1, 1990
Readopted Eff. October 1, 2018
Transferred from 08 NCAC 01 .0104 Eff. May 1, 2020
Amended Eff. May 1, 2020.

08 NCAC 21 .0201 COMMITTEE ACCOUNTS (effective April 1, 2023) {#sec-08-ncac-21-.0201 omnilex-key=us-nc-regs-official--title-08--08 NCAC 21 .0201}

All bank accounts, safety deposit boxes, and other depositories utilized by political committees and referendum committees listed on the statement of organization as required by G.S. 163-278.7(b)(8) or G.S. 163-278.8(b) must be maintained in North Carolina.

History

Authority G.S. 163-278.7; 163-278.8; 163-278.21
Eff. December 1, 1982
Amended Eff. February 1, 1990
Readopted Eff. October 1, 2018
Transferred from 08 NCAC 01 .0104 Eff. May 1, 2020
Amended Eff. April 1, 2023; May 1, 2020.

08 NCAC 21 .0202 Procedures for Closing a Committee {#sec-08-ncac-21-.0202 omnilex-key=us-nc-regs-official--title-08--08 NCAC 21 .0202}

(a) A political committee as defined in G.S. 163-278.6(74) may close and cease filing reports according to the schedules set forth in G.S. 163-278.9 or Article 22A, Part 2 if it stops receiving contributions or making expenditures and disposes of all assets and liabilities. In order to close, a political committee shall file all of the following with the board of elections:

(1) a certification that the political committee intends to close and cease existence and that all assets have been disposed of and reported; and

(2) a Final Report setting forth the information in G.S. 163-278.11 and covering the period since the last report filed under G.S. 163-278.9 or Article 22A, Part 2. The Final Report shall disclose no cash on hand at the end date of the reporting period; no outstanding loans, and no outstanding debts and obligations owed by the political committee.

(b) A political committee that qualifies under threshold in accordance with G.S. 163-278.10A shall only file a certification as described in Subparagraph (a)(1) of this Rule.

(c) A political committee shall file the certification and Final Report by filing forms available on the State Board of Elections website with the board of elections. The certification and Final Report are considered filed:

(1) on the date received by hand-delivery during regular business hours at the board of elections;

(2) on the date postmarked by the United States Postal Service or marked with an equivalent marking by a delivery service authorized by G.S. 1A-1, Rule 4.

(d) Notwithstanding Paragraph (c) of this Rule, a political committee required to file reports electronically pursuant to G.S. 163-278.9(i) shall complete and file a Final Report consistent with 08 NCAC 21 .0106. All other political committees may elect to file a Final Report consistent with 08 NCAC 21 .0106.

(e) If the political committee is required to file a Final Report, the certification in Subparagraph (a)(1) of this Rule shall be filed within 15 calendar days of the Final Report.

(f) Upon receipt of the certification and Final Report, a political committee that is eligible to close under G.S. 163-278.6(74) and this Rule shall be placed in "closed pending" status. A political committee that is closed pending is not required to file reports under G.S. 163-278.9 or Article 22A, Part 2. A political committee that is closed pending shall continue to preserve records consistent with G.S. 163-278.35. The political committee shall be closed after the board of elections completes a final examination of the political committee's reports under G.S. 163-278.24 and all potential prohibited transactions under Articles 22A and 22M of Chapter 163 of the General Statutes are resolved and all amended reports are filed. The State Board may order a committee closed that has not resolved potential prohibited transactions or filed amended reports.

(g) A candidate committee shall not close after the candidate supported files a notice of candidacy, or the candidate's name has been placed on the general election ballot pursuant to G.S. 163-122. A candidate committee may close after the candidate supported withdraws as a candidate pursuant to G.S. 163-106.4 or after the certificate of nomination or election is issued under G.S. 163-182.15.

(h) A political committee shall not close if:

(1) the political committee has failed to file a report required by G.S. 163-278.9 or Article 22A, Part 2; or

(2) the political committee has a penalty assessed under G.S. 163-278.34 that remains unpaid within three years of the date the assessment was due. A political committee may close after the State Board waives a penalty under G.S. 163-278.34.

(i) A closed or closed pending political committee may re-open at any time. A committee shall be re-opened upon receipt of an Organizational Report as described in G.S. 163-278.9(a)(1). A political committee shall be assigned the same ID Number issued by the board of elections upon re-opening.

History

Authority G.S. 163-278.21
Eff. September 1, 2021.

08 NCAC 21 .0203 Certification of Threshold {#sec-08-ncac-21-.0203 omnilex-key=us-nc-regs-official--title-08--08 NCAC 21 .0203}

(a) A political committee that intends to stay within the threshold in G.S. 163-278.10A for a subsequent election cycle shall file a certification with the board of elections according to the following schedule:

(1) for a candidate committee with an election cycle ending on December 31 of an odd-numbered year, by January 31 of the next even-numbered year.

(2) for a candidate committee with an election cycle ending on December 31 of an even-numbered year, by January 31 of the next odd-numbered year.

(3) for a political party committee or affiliated party committee with an election cycle ending on December 31 of an even-numbered year, by January 31 of the next odd-numbered year.

(b) A political committee that fails to file the certification by the due date in Paragraph (a) of this Rule, shall be responsible for filing all reports required in G.S. 163-278.9 or G.S. 163-278.40B, G.S. 163-278.40C, G.S. 163-278.40D, or G.S. 163-278.40E for the subsequent election cycle.

History

Authority G.S. 163-278.10A; 163-278.21
Eff. September 1, 2021.

08 NCAC 21 .0204 inactive Status for a candidate or committee {#sec-08-ncac-21-.0204 omnilex-key=us-nc-regs-official--title-08--08 NCAC 21 .0204}

(a) If no contribution is received or expenditure made by or on behalf of a candidate, political committee or referendum committee during a period described in G.S. 163-278.9, G.S. 163-278.9A or Part 2 of Article 22A, the treasurer shall file the following with the board of elections:

(1) A report that shows no contribution received or expenditure made during the period described in G.S. 163-278.9, G.S. 163-278.9A or Part 2 of Article 22A; and

(2) A signed certification that the candidate, political committee or referendum committee will receive no contributions and make no expenditures while inactive and will resume reporting when activity resumes.

(b) The signed certification in Subparagraph (a)(2) of this Rule shall be filed within 15 calendar days of filing a qualifying report under Subparagraph (a)(1) of this Rule.

(c) Immediately after receiving a contribution or making an expenditure, the treasurer shall be responsible for filing the next report required by G.S. 163-278.9, G.S. 163-278.9A or Part 2 of Article 22A by the statutory due date. Any committee receipt, debt or expenditure which would have been required to be reported on an earlier report but for the committee's inactive status shall be included in the next report required after activity resumes. Within 10 calendar days of receiving a contribution or making an expenditure, the treasurer shall file a certification with the board of elections notifying the board of the change in status.

(d) The disclosure of de minimis bank fees and postage for mailing reports to the board of elections shall not prohibit a committee from qualifying for inactive status under Paragraph (a) of this Rule.

History

Authority G.S. 163-278.21 and G.S. 163-278.10
Eff. September 1, 2025.

08 NCAC 21 .0205 reserved for future codification {#sec-08-ncac-21-.0205 omnilex-key=us-nc-regs-official--title-08--08 NCAC 21 .0205}

08 NCAC 21 .0206 Requesting a Waiver of a Civil Late Penalty {#sec-08-ncac-21-.0206 omnilex-key=us-nc-regs-official--title-08--08 NCAC 21 .0206}

(a) A political committee, referendum committee, individual, or entity requesting a waiver of a civil late penalty under G.S. 163-278.34(a) shall complete and file the form available on the State Board's website within 60 days of service of the notice of penalty assessment. The form shall be signed and notarized and set forth any facts or circumstances that support good cause for a waiver of the penalty.

(b) Waiver requests shall be filed with the State Board using one of the following methods:

(1) Hand-delivery during regular business hours to the State Board's offices.

(2) United States Postal Service to the mailing address listed on the State Board's website.

(3) Delivery service authorized by G.S. 1A-1, Rule 4 to the physical address published on the State Board's website.

(4) Email to campaign.reporting@ncsbe.gov so long as the original signed copy is retained by the political committee, referendum committee, individual or entity for at least two years counting from the date of the election to which the late report affects.

(c) A waiver request is considered filed on the date it is postmarked by the United States Postal Service or marked with an equivalent marking by a delivery service authorized by G.S. 1A-1, Rule 4. A waiver request filed by email must be sent to campaign.reporting@ncsbe.gov by 11:59 pm to be considered filed on that date.

(d) Examples of factors considered by the State Board in determining the presence of good cause include but are not limited to:

(1) Whether the late report was the first late report of the committee or the first late report within the last 10 years.

(2) Whether the late report was due prior to or after the election for a candidate.

(3) Whether the late report resulted in any contribution or expenditure not being disclosed to the public.

(4) Whether the late report resulted from a family emergency, severe illness or hospitalization, natural disaster, or similar unforeseen circumstance.

(5) Whether the treasurer or assistant treasurer received insufficient guidance from the State Board office or county board office in attempting to file reports.

(6) Whether documented issues with the U.S. Postal Service or other delivery service inhibited the committee from filing a timely report.

(e) If a waiver request is denied by the State Board, a notice of the denial shall be served by any means authorized under G.S. 1A-1, Rule 4. The notice of the denial shall direct the political committee, referendum committee, individual or entity to pay the assessment within 30 days.

History

Authority G.S. 163-278.34; 163-278.21
Eff. February 1, 2023.

08 NCAC 21 .0207 Procedures for Committees with Missing Reports {#sec-08-ncac-21-.0207 omnilex-key=us-nc-regs-official--title-08--08 NCAC 21 .0207}

(a) A political committee or referendum committee that fails to file a report required by Article 22A within 30 days after service of the Notice of Penalty Assessment under G.S. 163-278.34(e) shall be issued a Notice of Noncompliance directing the treasurer to file the missing report. A copy of the Notice of Noncompliance shall be posted to the State Board's website.

(b) If a political committee or referendum committee fails to file a missing report within 30 days after service of the Notice of Noncompliance, the State Board shall consider an order requiring the committee to file the missing report and to cease receiving contributions and making expenditures if the missing report is not filed within 30 days of the order. Prior to any decision, the State Board shall give notice to the treasurer and an opportunity for the treasurer or other representative of the committee to provide a written affidavit stating any facts or circumstances for why an order should not be issued.

(c) Any order issued by the State Board of Elections under Paragraph (b) of this Rule shall be served by any means authorized under G.S. 1A-1, Rule 4. A copy of the order shall be posted to the State Board's website.

(d) A political committee or referendum committee that fails to file the missing report within 30 days of the State Board's order under Paragraph (b) of this Rule shall have the committee's status changed from active to suspended. While suspended, the committee shall not receive any contributions or make any expenditures except for the payment of any civil penalties or forfeitures under G.S. 163-278.14 or G.S. 163-278.34. To be removed from suspended status, the political committee or referendum committee shall file all missing reports identified in any order of the State Board and pay all civil late penalties incurred pursuant to G.S. 163-278.34.

History

Authority G.S. 163-278.34; 163-278.21
Eff. April 1, 2023.

08 NCAC 21 .0301 Expenditures for Residential Real Property {#sec-08-ncac-21-.0301 omnilex-key=us-nc-regs-official--title-08--08 NCAC 21 .0301}

(a) Pursuant to G.S. 163-278.16B, a candidate or candidate campaign committee may not use contributions if the purpose of the expenditure is to purchase, lease, rent, or make mortgage payments on residential real property that is owned, either directly or indirectly, by the candidate or officeholder, or a member of the candidate's or officeholder's family, even if a portion of the residence is used for the campaign or holding office.

(b) For the purpose of this Rule:

(1) "family" includes a candidate's or officeholder's spouse, children, parents, brothers, or sisters.

(2) "indirectly" includes ownership by any corporation or business entity in which the candidate or officeholder or the candidate's or officeholder's family member has an ownership interest.

History

Authority G.S. 163-278.16B; 163-278.21
Eff. August 1, 2020.

08 NCAC 21 .0401 Examinations by State Board of Elections {#sec-08-ncac-21-.0401 omnilex-key=us-nc-regs-official--title-08--08 NCAC 21 .0401}

(a) After completing an examination of reports for a given period, State Board staff shall submit in writing to the treasurer any requests to inspect detailed accounts, requests to inspect bank records, including checks or other written verifications of payment, or other questions related to a report's conformance to Article 22A, Article 22M, or to the truth, as set forth in G.S. 163-278.24. If a candidate committee, a copy of the correspondence shall also be submitted in writing to the candidate. The treasurer or assistant treasurer shall respond with the requested records or written answers to questions within 15 business days. An extension of time may be granted for good cause. To obtain an extension of time, the treasurer or assistant treasurer shall submit the request in writing within 15 business days of receiving the request for records or written answers. For purposes of this Rule, "good cause" exists when:

(1) there is a death in the family of the candidate, treasurer, assistant treasurer, or custodian of books;

(2) the candidate, treasurer, assistant treasurer, or custodian of books, or someone in his or her family, is ill or hospitalized;

(3) the candidate, treasurer, assistant treasurer, or custodian of books is unable to provide a timely response due to a State-declared natural disaster;

(4) there is any change in the name, address or email address of the treasurer within 10 calendar days preceding the submission of the written requests or questions: or

(5) due to the complexity of the response required, State Board staff determines additional time is necessary for the committee to provide a sufficient response.

(b) State Board staff shall submit any subsequent requests to inspect detailed accounts, requests to inspect bank records, or other questions in writing to the treasurer. For each subsequent submission of requests or questions, the treasurer or assistant treasurer shall respond within 15 business days. An extension of time may be granted for good cause consistent with Paragraph (a) of this Rule.

(c) After the expiration of time for all requests and questions in Paragraphs (a) and (b) of this Rule, State Board staff shall prepare a draft examination memorandum. The draft examination memorandum shall set forth any potential prohibited transactions, reporting errors, or informational items identified by State Board staff during the examination. The draft examination memorandum shall include any recommendations for corrective actions and requests that the committee amend any reports. A copy of the draft examination memorandum shall be submitted in writing to the treasurer. If a candidate committee, a copy of the draft examination memorandum shall also be submitted in writing to the candidate. The treasurer or assistant treasurer shall respond in writing within 20 business days.

(d) After the expiration of time in Paragraph (c) of this Rule, State Board staff shall finalize the examination memorandum. State Board staff shall note any amended reports filed by the treasurer prior to the expiration of time in Paragraph (c) of this Rule. State Board staff shall publish a copy of the final examination memorandum and a copy of any written response provided by the treasurer or assistant treasurer on the State Board of Elections website.

(e) Any day that the State Board of Elections office is closed shall not be counted as a business day for the purpose of this Rule.

(f) This Rule shall not apply to any examination by a county board of elections of a committee that files reports with the county board of elections.

History

Authority G.S. 163-278.8; 163-278.21
Eff. September 1, 2021.

08 NCAC 21 .0501 Billboards {#sec-08-ncac-21-.0501 omnilex-key=us-nc-regs-official--title-08--08 NCAC 21 .0501}

For the purpose of Chapter 163, Article 22A, Part 1A, a "billboard" is any sign, flat surface, or other display greater than 50 square feet. This definition shall not include flags or banners.

History

Authority G.S. 163-278.21; 163-278.39
Eff. December 1, 2021.

Chapter 22 Petitions

08 NCAC 22 .0101 Petitions {#sec-08-ncac-22-.0101 omnilex-key=us-nc-regs-official--title-08--08 NCAC 22 .0101}

(a) The following types of petitions shall be governed by Sections .0100 and .0200 of this Chapter:

(1) Petitions to be recognized as a political party pursuant to G.S. 163-96.

(2) Petitions to place a voter's name on a general election ballot as an unaffiliated candidate pursuant to G.S. 163-122 or G.S. 163-296.

(3) Petitions to have write-in votes for a voter counted in a general election pursuant to G.S. 163-123.

(4) Petitions requesting that a voter be a candidate in a political party's primary without the payment of a filing fee pursuant to G.S. 163-107.1.

(5) Petitions seeking to place a candidate's name on the ballot in a political party's primary for the office of President of the United States pursuant to G.S. 163-213.5.

(6) Petitions calling for any election or referendum that are filed with a board of elections.

(b) When a county board of elections is required by law to verify a petition on behalf of a local jurisdiction, but the petition is not filed with the county board, the county board shall follow the procedures in Section .0200 of this Chapter for verifying the petition to the extent they do not conflict with the local jurisdiction's applicable statute, local act, charter, or ordinance.

History

Authority G.S. 163-22; 163-96; 163-107.1; 163-122; 163-123; 163-213.5; 163-218; 163-219; 163-221; 163-296
Eff. September 1, 2025.

08 NCAC 22 .0102 Definitions {#sec-08-ncac-22-.0102 omnilex-key=us-nc-regs-official--title-08--08 NCAC 22 .0102}

For purposes of this Chapter:

(1) "Board of elections" means the board of elections, county or State, with jurisdiction over a petitioner's petition.

(2) "Election cycle" means the period of time starting the day after the final canvass of the most recent general election for the contest to which the petition pertains. The election cycle for a political party petition begins on the day after the state canvass of the most recent general election for governor.

(3) "Entity" means those entities defined in G.S. 55-1-40(9)a. that are utilized by a petitioner to conduct a petition with or on behalf of the petitioner.

(4) "Petition circulator" means any person collecting signatures on a signature sheet in support of a petition.

(5) "Petition module" means the software module provided by the State Board to the county boards of elections for the purpose of facilitating the review of a petition.

(6) "Petition request form" means the form submitted to a board of elections by a petitioner to initiate a petition.

(7) "Petitioner" means any person, or their designated representative, conducting a petition in accordance with this Chapter.

(8) "Signature certificate" means the certificate provided by a county board of elections indicating the number of petition signers in the county whose signature will count towards the signature requirement for a petition.

(9) "Signature sheet" means the document provided by a board of elections that is used by a petitioner to collect signatures in support of a petition.

(10) "Signature verification" means the act of comparing a petition signer's information and signature on a signature sheet against the county board's registration records to determine whether the petition signer's information matches the information of a registered voter, the petition signer is qualified to sign the petition, and the petition signer's signature bears a reasonable resemblance to the matched voter's signature.

(11) "Verified signature sheet" means a signature sheet that has been submitted to a board of elections, has been reviewed by a county board official, and has a notation for each signature on the sheet showing the official's determination whether the signature will count towards the signature requirement for the petition.

History

Authority G.S. 163-22; 163-96; 163-107.1; 163-122; 163-123; 163-213.5; 163-218; 163-219; 163-221; 163-296
Eff. September 1, 2025.

08 NCAC 22 .0103 Initiation of Petitions {#sec-08-ncac-22-.0103 omnilex-key=us-nc-regs-official--title-08--08 NCAC 22 .0103}

(a) A petitioner shall initiate a petition by timely filing a completed petition request form with the board of elections in person, by mail, or by email. A copy of the request form may be obtained from the State Board of Elections website (https://www.ncsbe.gov/candidates/petitions). A petition request form shall be considered timely filed with the board of elections if it is filed during the election cycle and no later than the petition's statutory deadline for submitting signature sheets for signature verification.

(b) The petitioner shall include the following information on the petition request form:

(1) First and last name of the petitioner and any designated representative of the petitioner.

(2) Residential address, mailing address, phone number, and email address of the petitioner.

(3) The petition type, as set forth in Rule .0101(a) of this Section.

(4) If the petition type is to form a political party as identified in Rule .0101(a)(1) of this Section, the name of the proposed political party, the first and last name, current residential address, and current phone number of the state chair of the proposed political party, and the first statewide general election in which the proposed political party desires to participate.

(5) If the petition type is one identified in Rule .0101(a)(2), (3), (4), or (5) of this Section, the jurisdiction or district of the contest.

(6) The manner in which the petitioner requests to be provided a signature sheet template, whether by in-person pickup, mail delivery, or email.

(7) A signed acknowledgement that the petitioner will be informed of the requirements in Chapter 163 of the North Carolina General Statutes and this Chapter applicable to the petition.

(c) Within one business day of the receipt of a completed petition request form, the board of elections shall write on the petition request form the date the form was filed, the number of signatures required to meet the signature threshold for the petition, and the statutory deadline for submitting signature sheets for signature verification, and then provide a copy of the request form to the petitioner via email. The board of elections shall include with that email written instructions for how the petitioner may access the requirements in Chapter 163 of the North Carolina General Statutes and this Chapter applicable to the petition.

(d) A petitioner registering with a board of elections a notice of circulation of a petition calling for any election or referendum pursuant to G.S. 163-218 shall do so by filing the petition request form required by this Rule. The county board of elections shall write on the request form the date on which the completed request form was filed, which shall be the date of registration of the petition, and then provide a copy of the request form to the petitioner via email.

History

Authority G.S. 163-22; 163-96; 163-107.1; 163-122; 163-123; 163-213.5; 163-218; 163-219; 163-221; 163-296
Eff. September 1, 2025.

08 NCAC 22 .0104 Petition Signature Sheets {#sec-08-ncac-22-.0104 omnilex-key=us-nc-regs-official--title-08--08 NCAC 22 .0104}

(a) Within one business day of the receipt of a completed petition request form, the board of elections with which the form was filed shall issue to the petitioner a signature sheet template for the petition in the manner requested by the petitioner on the petition request form.

(b) The signature sheet template shall include the following:

(1) a title identifying the type of petition and applicable North Carolina General Statute section;

(2) any petition header required by law for that type of petition, including designated areas for the petitioner to fill in the required information;

(3) a designated area for the petition circulator to write their first and last name and sign an affirmation that they witnessed the signing of the signatures on the signature sheet;

(4) the following statement: "It is illegal to sign the name of another person to a petition. N.C.G.S. § 163-221.";

(5) prompts for a petition signer to include their printed first and last name, current residential address (street number, street name, and zip code), date of birth, signature, and date of signature;

(6) an identification of the board of elections where the petitioner will file the petition;

(7) a designated area for the board of elections receiving the signature sheet to notate the signature sheet with the date it is received at the board of elections office and the batch and page number assigned to it; and

(8) designated areas for the board of elections receiving the signature sheet to notate the board's determination of approval or disapproval for each petition signature pursuant to Rules .0201 and .0202 of this Chapter.

(c) If the petition type is to form a political party under Rule .0101(a)(1) of this Section, the signature sheet shall include a designated area for the petition signer to place their initials indicating that they were informed of the general purpose and intent of the new party.

(d) If the petition type is one identified in Rule .0101(b) of this Section, and the board of elections is providing a template signature sheet for a local jurisdiction, the board of elections shall include on the template prompts for any additional information required by the local jurisdiction's applicable statute, local act, charter, or ordinance.

(e) The petitioner shall complete the information required by Subparagraphs (b)(2) and (b)(6) of this Rule before collecting signatures on that signature sheet. The board of elections may, at the petitioner's request, complete this information on the petitioner's behalf using the corresponding information provided in the petition request form.

(f) A signature shall not be counted toward the signature requirement for the petition if it is signed to a signature sheet that does not either match the template issued to the petitioner or contain the information required by this Rule.

History

Authority G.S. 163-22; 163-96; 163-107.1; 163-122; 163-123; 163-213.5; 163-221; 163-296
Eff. June 1, 2026.

08 NCAC 22 .0105 Petition Circulators {#sec-08-ncac-22-.0105 omnilex-key=us-nc-regs-official--title-08--08 NCAC 22 .0105}

(a) At the time a petitioner submits the first signature sheet in support of their petition to the board of elections in accordance with Rule .0106 of this Section, the petitioner shall provide to the board of elections a written list identifying the petition circulators who are collecting signatures on behalf of the petitioner. A template list may be obtained from the State Board of Elections website (https://www.ncsbe.gov/candidates/petitions). The list of petition circulators shall include the following information for each circulator:

(1) The circulator's first and last name, phone number, residential address, and email address. If the circulator does not have a phone number or email address, the petitioner shall write "N/A" for that information on the list.

(2) Whether the circulator was employed or volunteered to circulate the petitions through an entity, another group or organization, or the petitioner. If the circulator was employed or volunteered through an entity or another group or organization, the list shall contain the name of that entity, group, or organization.

(3) Whether the circulator received compensation based on the number of signatures obtained or signature sheets submitted.

(b) Before a board of elections can take final action on a petition, the petitioner shall provide the board of elections with a list of all petition circulators for the petition or inform the board of elections in writing that the already-submitted list contains the names of all petition circulators for the petition.

(c) Prior to conducting activities in support of a petition in North Carolina with or on behalf of a petitioner, a North Carolina entity shall be registered with the North Carolina Secretary of State's Office pursuant to the provisions of Chapters 55, 55A, 57D, or 59 of the North Carolina General Statutes applicable to that type of entity. If the entity is organized under the laws of another state, the foreign entity shall obtain a certificate of authority from the Secretary of State pursuant to the provisions of Chapters 55, 55A, 57D, or 59 of the North Carolina General Statutes applicable to that type of foreign entity.

History

Authority G.S. 163-22; 163-96; 163-107.1; 163-122; 163-123; 163-213.5; 163-221; 163-296
Eff. June 1, 2026.

08 NCAC 22 .0106 Submission of Signature Sheets {#sec-08-ncac-22-.0106 omnilex-key=us-nc-regs-official--title-08--08 NCAC 22 .0106}

(a) The petitioner shall submit to the board of elections the original signature sheets completed in support of their petition by in-person delivery or mail.

(b) When registered voters in more than one county may be qualified to sign a petition, each signature sheet shall contain only signatures collected from residents of the county identified in the header of the petition. A county board of elections shall not be required to conduct signature verification of the signatures on a signature sheet with a different county identified in the header of the petition.

(c) When a petitioner submits signature sheets to a board of elections, the board staff receiving the signature sheet shall date stamp each sheet, count the total number of signature sheets submitted if multiple sheets are submitted, and provide the petitioner with written confirmation of the total number of signature sheets submitted on that date. Board staff shall also note in the written confirmation the name of the person submitting the signature sheets. Board staff shall not be required to count the number of signatures on the submitted signature sheets before providing the written confirmation required by this Paragraph.

History

Authority G.S. 163-22; 163-96; 163-107.1; 163-122; 163-123; 163-213.5; 163-221; 163-296
Eff. September 1, 2025.

08 NCAC 22 .0107 Copies of Signature Sheets and Return of Original Signature Sheets {#sec-08-ncac-22-.0107 omnilex-key=us-nc-regs-official--title-08--08 NCAC 22 .0107}

(a) After a board of elections has completed signature verification of the signatures on the signature sheets, the petitioner may obtain a copy of the signature sheets and a signature certificate by one of the methods described in Paragraph (b) of this Rule. If the board of elections is required by law to return the original signature sheets to the petitioner, board staff shall inform the petitioner that they may obtain the original sheets and a signature certificate by one of the methods described in Paragraph (c) of this Rule.

(b) The board of elections shall provide the petitioner with a copy of verified signature sheets and associated signature certificates upon oral or written request by the petitioner. The petitioner shall state by which of the following methods they elect to receive a copy:

(1) In-person retrieval of a physical copy during regular business hours. If a person other than the petitioner's representative identified on the petition request form will retrieve the copy instead of the petitioner, then the petitioner shall inform the board of elections, in writing, of that person's first and last name and phone number.

(2) Mailing a physical copy to the mailing address that is listed on the petition request form.

(3) Emailing a digital copy to the email address that is listed on the petition request form.

Before providing a copy of a signature sheet, board staff shall first redact any confidential information not subject to public disclosure under Chapters 132 and 163 of the North Carolina General Statutes. A board of elections may charge for any physical copies, in accordance with G.S. 132-6.2.

(c) When the board of elections is required by law to return the original signature sheets and associated signature certificates to the petitioner, the petitioner shall inform board staff orally or in writing by which of the following methods they elect to receive the originals:

(1) In-person retrieval of the originals by the petitioner during regular business hours. If a person other than the petitioner's representative identified on the petition request form will retrieve the originals instead of the petitioner, then the petitioner shall inform the board of elections, in writing, of that person's first and last name and phone number. Board staff shall confirm the name and phone number of the person retrieving the originals before providing them.

(2) Mailing the originals to the mailing address that is listed on the petition request form. The county board shall use a method of return that documents the petitioner's receipt of the originals.

No redactions shall be made by board staff to an original signature sheet prior to its return to the petitioner or the petitioner's designated representative.

(d) In addition to providing a copy or the original signature sheet to the petitioner in accordance with this Rule, the board of elections shall provide the petitioner with a digital or physical petition status report generated by the petition module upon oral or written request by the petitioner. The petition status report shall include the status assigned to each petition signer in accordance with Rule .0202 of this Chapter.

History

Authority G.S. 163-22; 163-96; 163-107.1; 163-122; 163-123; 163-213.5; 163-221; 163-296
Eff. September 1, 2025.

08 NCAC 22 .0201 Petition Signature Verification by County Boards of Elections {#sec-08-ncac-22-.0201 omnilex-key=us-nc-regs-official--title-08--08 NCAC 22 .0201}

(a) A county board of elections official shall conduct signature verification of completed original signature sheets in accordance with this Rule. For the purposes of this Section, an official includes the county board chair, or the county director of elections or other county board staff member delegated the duty to conduct signature verification.

(b) A petition signer's signature on a signature sheet shall count towards the petition's signature requirement if the official conducting signature verification determines that the petition signer's signature bears a reasonable resemblance to a signature in the official registration record of an identifiable registered voter in the county whose corresponding information in the registration record (including signatures) matches that provided on the signature sheet, and the voter is qualified by law to sign the petition. If a signer's date of birth listed on a signature sheet does not align with that of a corresponding registered voter, that signature shall not constitute a match. An official shall not omit a petition signer from signature verification solely due to the petition signer's use of initials, printed text, or a mark for their signature.

(c) A reasonable resemblance in signatures is a similarity in appearance such that an ordinary person would conclude that the signature on the signature sheet is more likely than not the signature of a registered voter. The official shall make this determination based on a review of the following characteristics of the signatures:

(1) the style of the signatures, including the use of cursive or print;

(2) spacing and proportions of letters in the signatures;

(3) spelling and punctuation used in the signatures, including the use of initials;

(4) size, curves, and loops of individual letters in the signatures; and

(5) beginning and ending strokes in the signatures.

The official shall bear in mind that a person's signature can change over time, that a person does not sign their name the same exact way each time, and that signatures in voter registration records can be created through digital methods which may appear different than physical signatures created with a pen. If the signature on the signature sheet does not bear a reasonable resemblance to the most recent signature in the voter's registration record, the official shall review at least one other signature in the voter's registration record, if available, before making a final reasonable resemblance determination for that petition signer. If the petition signer has signed the signature sheet with their initials, printed name, or a mark, the official shall determine whether the petition signer's initials, printed name, or mark on the signature sheet bears a reasonable resemblance to a signature, initials, or mark in the matched voter's registration record.

(d) The official shall determine whether the petition signer is qualified by law to sign the petition as of the date the signature sheet is reviewed by the official. If the type of petition requires residency within a specific county or district, the official shall not determine that the petition signer is qualified to sign the petition unless the address on the signature sheet and the address in the voter's registration record are both within the required county or district.

History

Authority G.S. 163-22; 163-96; 163-107.1; 163-122; 163-123; 163-213.5; 163-221; 163-296
Eff. September 1, 2025.

08 NCAC 22 .0202 Petition Signature Verification Determinations {#sec-08-ncac-22-.0202 omnilex-key=us-nc-regs-official--title-08--08 NCAC 22 .0202}

(a) An official conducting signature verification pursuant to Rule .0201 of this Section shall notate on the original signature sheet the official's determination whether each petition signer's signature will count towards the signature requirement and shall assign a status to each petition signer in the petition module in accordance with this Rule.

(b) An official shall notate the signature sheet with a checkmark and assign the status of "OK" in the petition module for each petition signer whose signature will be counted because the official confirmed that the petition signer is a registered voter qualified to sign the petition.

(c) An official shall notate the signature sheet with an "X" and assign one of the following statuses in the petition module for each petition signer whose signature will not be counted for the stated reason:

(1) "Address Rejected" shall be used when the petition signer's listed address is not a recognized address in the county.

(2) "Deceased" shall be used when the petition signer matches to a registered voter in the county who is in a removed registration status due to death.

(3) "Duplicate" shall be used when the official determines that a petition signer has signed a petition more than once and one of the signatures has already been verified pursuant to Rule .0201 of this Section.

(4) "Illegible" shall be used when the official is unable to read the petition signer's printed information and signature such that the official cannot perform a search for the voter in the registration records.

(5) "Incorrect County" shall be used when the petition signer's listed address is a recognized address in a county different from the county of the official reviewing the signature sheet.

(6) "Late Filing" shall be used when the signature sheet was submitted to a board of elections after the deadline prescribed by law.

(7) "Moved" shall be used when the petition signer matches to a person who is in a removed registration status due to moving outside of the county.

(8) "No Record" shall be used when the petition signer does not match to a registered voter in the county.

(9) "Not in District" shall be used when the petition signer is not qualified by law to sign the petition because their residential address is not within the district to which the petition pertains.

(10) "Removed" shall be used when the petition signer matches to a person in a removed registration status for a reason other than death or moving outside of the county.

(11) "Signature Missing" shall be used when the petition signer failed to sign the signature sheet.

(12) "Signature Rejected" shall be used when the petition signer's signature is determined to not reasonably resemble a signature in the matched registration record of the voter.

(13) "Wrong Party" shall be used when the petition signer is not qualified by law to sign the petition because they are not affiliated with the necessary political party when party affiliation is a required qualification to sign a petition in lieu of paying a filing fee pursuant to G.S. 163-107.1.

The automatic assignment of a status by the petition module to a petition signer shall satisfy the official's requirement to assign a status pursuant to this Paragraph.

(d) After the official has made notations on signature sheets in accordance with this Rule, and before issuing a signature certificate, board staff shall make an electronic copy of the signature sheets and store the digital copy in the board's digital file storage system, which may include a digital file storage system maintained by the State Board. If the board of elections is required by law to return the original signature sheets to the petitioner, board staff shall perform this task before returning the original signature sheets to the petitioner. The official shall issue the signature certificate in accordance with the statute that is applicable to the petition.

History

Authority G.S. 163-22; 163-96; 163-107.1; 163-122; 163-123; 163-213.5; 163-221; 163-296
Eff. September 1, 2025.

08 NCAC 22 .0203 Counting of Signatures Towards a Petition's Signature Requirement {#sec-08-ncac-22-.0203 omnilex-key=us-nc-regs-official--title-08--08 NCAC 22 .0203}

(a) A petition signer's signature shall not count towards the signature requirement for the petition unless the official has determined that the petition signer is a registered voter qualified by law to sign the petition pursuant to Rule .0201 of this Section.

(b) If a petition signer signs a petition more than once, and one of the signatures is verified pursuant to Rule .0201 of this Section, no additional signature by that petition signer shall be counted towards the signature requirement for the petition.

(c) No signature on a signature sheet for one petition shall be counted towards the signature requirement for a different petition. This Paragraph does not prevent a petitioner from conducting more than one petition at the same time or the same petition signer from signing multiple petitions.

(d) Only signatures collected during the current election cycle pertaining to the petition shall be counted.

(e) No signature on a signature sheet without the petition circulator's first and last name and signature in the area designated for their name and affirmation shall be counted towards the signature requirement for a petition.

(f) Only an original signature written by hand shall be counted toward the signature requirement for a petition.

History

Authority G.S. 163-22; 163-96; 163-107.1; 163-122; 163-123; 163-213.5; 163-221; 163-296
Eff. September 1, 2025.

08 NCAC 22 .0301 New Party Petitions {#sec-08-ncac-22-.0301 omnilex-key=us-nc-regs-official--title-08--08 NCAC 22 .0301}

(a) This Section shall only apply to new party petitions.

(b) For the purposes of this Section:

(1) "New party petition" means a petition to be recognized as a political party pursuant to G.S. 163-96.

(2) "Prospective party" means a political party, including its officers and organizers, seeking recognition as a political party in the State through a new party petition.

(3) "Signature threshold requirement" means the number of verified signatures necessary to meet the signature threshold in G.S. 163-96(a)(2), measured by the combined number of votes cast for all candidates in the most recent general election for Governor.

(4) "Target election" means the first statewide general election in which the proposed political party desires to participate.

(c) For the purposes of this Chapter, the final action on a new party petition shall be the State Board's decision whether to recognize the petitioning party as a political party in North Carolina pursuant to Rule .0306 of this Section.

History

Authority G.S. 163-22; 163-96
Eff. September 1, 2025.

08 NCAC 22 .0302 Prospective Party Name {#sec-08-ncac-22-.0302 omnilex-key=us-nc-regs-official--title-08--08 NCAC 22 .0302}

(a) Within one business day of the filing of a petition request form for a new party petition, State Board staff shall compare the name of the prospective party against the names of the existing political parties recognized in the State and proceed as follows:

(1) If staff determines that the name of the prospective party contains any word that appears in the name of an existing political party, staff shall inform the petitioner in writing that the prospective party must choose a different name in accordance with G.S. 163-96(b).

(2) If staff determines that the name of the prospective party does not contain any word that appears in the name of an existing political party, staff shall refer the matter to the Executive Director. The Executive Director shall determine whether the prospective party's name is so similar to that of an existing political party recognized in the State that voters will be confused or misled in an election.

(b) When the Executive Director makes the determination required under Subparagraph (a)(2) of this Rule, the determination shall be transmitted in writing to the State Board. The State Board will then act on the determination as follows:

(1) If, after two calendar days following the transmission of the determination, no State Board member has raised an oral or written objection to the Executive Director's determination, the determination shall become effective.

(2) If a State Board member raises an oral or written objection to the Executive Director's determination within two calendar days following the transmission of the determination, the State Board shall decide the matter at a public meeting.

(c) If the name of a prospective party is approved because it has been determined that the name is not too similar to that of an existing political party recognized in the State, State Board staff shall inform the petitioner of that determination in writing and proceed under Rule .0104 of this Chapter.

(d) If the name of a prospective party is rejected because it has been determined that the name is too similar to that of an existing political party recognized in the State, State Board staff shall inform the petitioner of that determination in writing and that the prospective party must choose a different name in accordance with G.S. 163-96(b).

(e) A petitioner required to choose a different name for a prospective party shall notify the State Board of the different name by submitting a new petition request form.

History

Authority G.S. 163-22; 163-96
Eff. September 1, 2025.

08 NCAC 22 .0303 Changes in Prospective Party State Chair's Information {#sec-08-ncac-22-.0303 omnilex-key=us-nc-regs-official--title-08--08 NCAC 22 .0303}

(a) The petitioner shall give the State Board written notice of any change in the name, residential address, or phone number of the prospective party's state chair that occurs after the petitioner has submitted the petition request form. The written notice shall be provided within five business days of the change and shall include the changed information and the date upon which the change occurred.

(b) State Board staff shall update the relevant information in the petition module and notify the county boards of elections of the change by email within five business days of receipt of the notice.

(c) The petitioner shall ensure the signature sheets for their petition reflect the current name, residential address, and phone number of the state chair when petition signers sign the signature sheet. No signature signed to a signature sheet without the name of the prospective party's state chair that is current as of the date of the petition signer's signature shall be counted towards the signature requirement for the petition.

History

Authority G.S. 163-22; 163-96
Eff. September 1, 2025.

08 NCAC 22 .0304 Continuing a New Party Petition {#sec-08-ncac-22-.0304 omnilex-key=us-nc-regs-official--title-08--08 NCAC 22 .0304}

(a) A prospective party that has not submitted the number of verified signatures required to participate as a recognized political party in the target election identified on the petition request form by the deadline for doing so pursuant to G.S. 163-96 may submit a written notice to the State Board that the prospective party wants to change its target election. The petitioner shall provide this notice by submitting a new petition request form that identifies the next subsequent statewide general election as the new target election. The notice shall be submitted no later than five business days after the original deadline in G.S. 163-96 to file their petition based on the prospective party's original target election. Only those verified signatures that were gathered during the election cycle for the petition may be counted for the petition under its new target election.

(b) State Board staff shall notify the county boards of elections of the continuance of the petition by email within five business days of the receipt of the new petition request form with the new target election.

History

Authority G.S. 163-22; 163-96
Eff. September 1, 2025.

08 NCAC 22 .0305 General Purpose and Intent of the New Party {#sec-08-ncac-22-.0305 omnilex-key=us-nc-regs-official--title-08--08 NCAC 22 .0305}

(a) Within 10 business days of being issued the signature sheet template under Rule .0104 of this Chapter, the petitioner shall submit written documentation to the State Board demonstrating how the petition circulators will inform a petition signer of the prospective party's general purpose and intent when collecting signatures. The petitioner may submit additional documentation to the State Board regarding how the prospective party informed petition signers of the prospective party's general purpose and intent at any time before the State Board determines the sufficiency of the new party petition.

(b) The documentation demonstrating how the petition circulators will inform a petition signer of the general purpose and intent may include, but is not limited to, any of the following:

(1) training and instructional materials that will be provided to petition circulators before they begin collecting signatures;

(2) scripts that petition circulators will use when collecting signatures; or

(3) a written statement that materials, such as handouts, posters, and other promotional materials, will be used by petition circulators when collecting signatures.

(c) A county board shall not conduct signature verification of the prospective party's signature sheets until the documentation required under this Rule has been submitted to the State Board.

History

Authority G.S. 163-22; 163-96
Eff. June 1, 2026.

08 NCAC 22 .0306 Sufficiency of New Party Petitions {#sec-08-ncac-22-.0306 omnilex-key=us-nc-regs-official--title-08--08 NCAC 22 .0306}

(a) After submitting verified signature sheets and signature certificates to the State Board, the petitioner shall notify the State Board of the prospective party's desire for the State Board to proceed with determining the sufficiency of its new party petition by submitting a written notice by mail or email to the State Board. The petitioner may submit any additional documentation that the prospective party believes will aid the State Board in its determination of the sufficiency of the new party petition.

(b) Within five business days of receiving the notice made pursuant to Paragraph (a) of this Rule, State Board staff shall begin reviewing the signature sheets, signature certificates, and documentation that has been submitted by the prospective party for completeness and compliance with this Chapter and Chapter 163 of the General Statutes. As part of this review, State Board staff shall review a random sample of signature sheets using the same standards required of county boards in Rule .0201 of this Chapter. The random sample shall be of 1,000 verified signatures selected from all signature sheets that were reviewed by county boards. State Board staff shall thereafter prepare a report summarizing staff's findings regarding the new party petition and provide the completed report to the State Board. The report shall include an analysis of whether the results of the review of the random sample of signatures, when extrapolated to all verified signatures for the petition, would impact whether the petitioner has met the signature threshold requirement. This Paragraph shall not prevent State Board staff from initiating this review prior to receiving the notice from the petitioner.

(1) Whether the number of timely submitted, verified signatures is sufficient to meet the signature threshold requirement and congressional district signature requirement in G.S. 163-96(a)(2).

(2) Whether the new party petition complied with the general requirements for the conduct of petitions in Section .0100 of this Chapter.

(3) Whether the new party petition complied with the specific requirements for the conduct of new party petitions in this Section.

(4) State Board staff's report prepared pursuant to Paragraph (b) of this Rule.

(d) The State Board, when determining the sufficiency of a new party petition, shall require that the petitioner provide additional documentation regarding the conduct of the petition when the chair or two members of the State Board conclude that the documentation is likely to provide information that is both relevant and material to the new party petition's compliance with the requirements of G.S. 163-96 and this Chapter, the information sought is not unnecessarily duplicative of documentation already submitted by the petitioner, and the request is not likely to subject the petitioner to undue burden, expense, or delay in the consideration of their petition. The State Board shall inform the petitioner of the requirement to provide additional documentation in writing and shall serve the petitioner in the same manner as allowed for service of subpoenas in the North Carolina Rules of Civil Procedure.

(e) The State Board's decision whether to recognize the prospective party as a political party in North Carolina shall be made in an open meeting by a majority vote of the State Board members. The State Board shall recognize the prospective party as a political party in North Carolina only if the State Board has determined the petition is sufficient in accordance with G.S. 163-96 and this Rule.

History

Authority G.S. 163-22; 163-23; 163-96
Eff. September 1, 2025.

08 NCAC 22 .0401 Unaffiliated Candidate Petitions {#sec-08-ncac-22-.0401 omnilex-key=us-nc-regs-official--title-08--08 NCAC 22 .0401}

(a) This Section shall apply to unaffiliated candidate petitions only.

(b) For the purposes of this Section:

(1) "Prospective unaffiliated candidate" means the petitioner seeking to have their name printed on the general election ballot as an unaffiliated candidate.

(2) "Unaffiliated candidate petition" means a petition to place a voter's name on a general election ballot as an unaffiliated candidate pursuant to G.S. 163-122 or G.S. 163-296.

(c) When an unaffiliated candidate petition is filed with the State Board and a county board of elections is conducting signature verification, a digital version of the signature sheet provided by the State Board to the county board shall be considered an original signature sheet for the purposes of signature verification under Section .0200 of this Chapter.

(d) For the purposes of this Chapter, the final action on an unaffiliated candidate petition shall be the board of elections' notice to the prospective candidate pursuant to Rule .0402 of this Section stating whether they have met the signature requirement for their petition.

History

Authority G.S. 163-22; 163-122; 163-296
Eff. September 1, 2025.

08 NCAC 22 .0402 Processing Unaffiliated Candidate Petitions {#sec-08-ncac-22-.0402 omnilex-key=us-nc-regs-official--title-08--08 NCAC 22 .0402}

(a) Within one business day of the receipt of a completed petition request form for an unaffiliated candidate petition, the board of elections shall inform the prospective unaffiliated candidate of the constitutional and statutory qualifications for the office sought and that the petition will be cancelled if the candidate does not meet those qualifications when submitting the signature sheets for their unaffiliated candidate petition.

(b) At the time of receipt of the first completed signature sheet submitted in support of an unaffiliated candidate petition, the board of elections shall inspect the registration records of the prospective unaffiliated candidate's county and proceed under G.S. 163-122(d). Before proceeding to cancel an unaffiliated candidate petition, the board of elections shall provide the prospective unaffiliated candidate with an opportunity to submit a voter registration form so that their voter registration record reflects their current qualifications for the office sought.

(c) Within five business days of the completion of signature verification for an unaffiliated candidate petition, the board of elections with which the petition was filed shall issue a written notice to the prospective unaffiliated candidate stating whether the candidate has met the applicable signature requirement in G.S. 163-122.

History

Authority G.S. 163-22; 163-122; 163-296
Eff. September 1, 2025.

08 NCAC 22 .0501 Write-in Candidate Petitions {#sec-08-ncac-22-.0501 omnilex-key=us-nc-regs-official--title-08--08 NCAC 22 .0501}

(a) This Section shall apply to write-in candidate petitions only.

(b) For the purposes of this Section:

(1) "Declaration of intent form" means the declaration of intent document required to be submitted when filing a write-in candidate petition pursuant to G.S. 163-123.

(2) "Prospective write-in candidate" means the petitioner seeking to have write-in votes for them counted in a general election.

(3) "Write-in candidate petition" means a petition to have write-in votes for a voter counted in a general election pursuant to G.S. 163-123.

(c) For the purposes of this Chapter, the final action on a write-in candidate petition shall be the board of elections' notice to the prospective candidate pursuant to Rule .0502 of this Section stating whether the prospective candidate has met the requirements for their petition.

History

Authority G.S. 163-22; 163-123
Eff. September 1, 2025.

08 NCAC 22 .0502 Processing Write-in Candidate Petitions {#sec-08-ncac-22-.0502 omnilex-key=us-nc-regs-official--title-08--08 NCAC 22 .0502}

(a) Within one business day of the receipt of a completed petition request form for a write-in candidate petition, the board of elections shall inform the prospective write-in candidate of the constitutional and statutory qualifications for the office sought and that the petition will be cancelled if the candidate does not meet those qualifications when submitting the signature sheets for their write-in candidate petition.

(b) The prospective write-in candidate shall submit a declaration of intent form at the time of submitting the first completed signature sheet in support of their write-in candidate petition. A copy of the declaration of intent form may be obtained from the State Board of Elections website (https://www.ncsbe.gov/candidates/petitions).

(1) If the write-in candidate petition is required to be filed with a county board of elections under G.S. 163-123, then at the time of the receipt of the first completed signature sheet submitted in support of the petition, the county board of elections shall inspect the registration records of the prospective write-in candidate's county and proceed under G.S. 163-123(g).

(2) If the write-in candidate petition is required to be filed with the State Board under G.S. 163-123, then at the time of the receipt of the first verified signature sheet submitted in support of the petition, the State Board shall inspect the registration records of the prospective write-in candidate's county and proceed under G.S. 163-123(g).

Before proceeding to cancel a write-in candidate petition, the board of elections with which the petition was filed shall provide the prospective write-in candidate with an opportunity to submit a voter registration form so that their voter registration record reflects their current qualifications for the office sought.

(d) Within five business days of the board of elections determining whether a write-in candidate petition complies with G.S. 163-123 and this Rule, the board of elections with which the petition was filed shall issue a written notice to the prospective write-in candidate stating whether the candidate has met the requirements to have write-in votes for them counted in the general election.

History

Authority G.S. 163-22; 163-123
Eff. September 1, 2025.

08 NCAC 22 .0601 In Lieu of Filing Fee Petition {#sec-08-ncac-22-.0601 omnilex-key=us-nc-regs-official--title-08--08 NCAC 22 .0601}

(a) This Section shall apply to in lieu of filing fee petitions only.

(b) For the purposes of this Section:

(1) "Prospective candidate" means the petitioner seeking to be a candidate in a political party's primary without paying a filing fee.

(2) "In lieu of filing fee petition" means a petition requesting that a prospective candidate participate in a political party's primary without paying a filing fee pursuant to G.S. 163-107.1.

(c) For the purposes of this Chapter, the final action on an in lieu of filing fee petition shall be the board of elections' notice to the prospective candidate stating whether they have met the requirements for their petition.

History

Authority G.S. 163-22; 163-107.1
Eff. September 1, 2025.