OMB Control No. 3265-0006 1 Expiration Date 5/31/2013 

U.S. ELECTION ASSISTANCE COMMISSION 

 2010 Election Administration & Voting Survey 

North Carolina 

Statutory Overview

 

In order to better understand state laws governing federal elections, the U.S. Election 

Assistance Commission, as part of its biennial Election Administration and Voting 

Survey, is collecting information on state election laws and procedures. These answers 

will help EAC to better understand the quantitative data relating to the 2010 general 

election that we are collecting from all U.S. states and territories. 

EAC understands that responding to this Statutory Overview may require significant 

staff time on the part of your office. Please be assured that we have attempted to 

minimize the burden, and we appreciate your cooperation in this very important 

project. 

Information Supplied By 

Name Don Wright 

Title General Counsel 

Office/Agency Name NC State Board of Elections 

Address 1 PO Box 27255 

Address 2 

City Raleigh 

State NC 

Zip Code 27611-7265 

Email Address don.wright@ncsbe.gov 

Telephone (area Code and number) (919) 715-5333 

Fax Number (area code and number) (919) 715-0135 
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DIRECTIONS AND EXAMPLE 

Please provide your state’s legal citation for the responses to these questions (where 

applicable). Prior to beginning the Statutory Overview, please ensure that “track 

changes” is turned on; this will provide a record of all changes that are made including 

insertions, deletions, and formatting changes. To turn on track changes hold down 

“Control” and “Shift” and “E” at the same time. For additional assistance in working 

with “track changes” please contact your Technical Assistance point of contact at ICF 

International. 

We have provided you with your answers to the 2008 Statutory Overview. If there has 

not been a change in your State’s laws or legal citation in the response to a question, 

please mark No Change Since 2008 with an “X” as shown below: 

__X__ No Change Since 2008 

If the response has changed since 2008, please mark Changed Since 2008 with an “X” 

and modify the answer as needed using track changes. If you need to replace the entire 

answer, please delete the 2008 response and record your 2010 response between the red 

bracketed text lines, as described below. 

__X___ Changed Since 2008 

Please answer each question to the best of your ability. If terms are ambiguous or not 

relevant, please explain why. If a question is not applicable to your state, please explain 

why. If a definition or term lacks statutory reference but is widely understood in 

practice, please explain. If election procedures vary at the local level within your state, 

please explain to the best of your ability. 

If state laws are currently enjoined or otherwise blocked from enforcement by a state or 

federal court, or executive decision, please specify. 

Please keep your responses between the red, bracketed text lines. This will help us 

extract your answers into our central database. 

Example: 

A1. How does your state define the following terms related to votes and ballots? Please 

provide your state’s legal citation defining these terms, where applicable.

a. Over-vote 

[Begin definition (a) below this line.] 

Your answer goes here. You may enter the text directly, or cut and paste from 

another word processing program. 

There is no limit to the length of your response. 

[End definition (a) above this line.]
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SECTION A: GENERAL 

A1. How does your state define the following terms related to votes and ballots? Please 

provide your state’s legal citation defining these terms, where applicable. 

a. Over-vote 

____ No Change Since 2008 __x___ Changed Since 2008 

2008 Response:

[Begin definition (a) below this line.] 

If an official ballot is marked in a ballot item with more choices than there are offices to be 

filled or propositions that may prevail, that is an over-vote and the official ballot shall not be 

counted for that ballot item. See NC General Statute (GS) 163-182.1(a) (4).

[End definition (a) above this line.] 

b. Under-vote 

____ No Change Since 2008 ___x__ Changed Since 2008 

2008 Response:

[Begin definition (b) below this line.]

If an official ballot is marked in a ballot item with less choices than there are offices to be 

filled or propositions that may prevail, that is an under-vote and the official ballot shall be 

counted for that ballot item (if possible) and other ballot items on the ballot.

 [End definition (b) above this line.] 

c. Blank ballot 

____ No Change Since 2008 ___x__ Changed Since 2008 

2008 Response:

[Begin definition (c) below this line.]

A ballot containing no marks in any voting position target area readable by the ballot 

scanner, or one that has been marked with an unreadable marker, or one that has been 

consistently marked so that it is unreadable by the ballot scanner.

[End definition (c) above this line.] 
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d. Void/Spoiled ballot 

____ No Change Since 2008 __x___ Changed Since 2008 

2008 Response:

[Begin definition (d) below this line.]

An improperly or incorrectly voted official ballot of an individual which is returned to the 

precinct officials prior to the voter casting it, marked as spoiled and the voter being given a 

replacement ballot to vote. See 8 North Carolina Administrative Code (NCAC) 10B.0104(b) 

and NC GS 163-166.7(c)(4).

[End definition (d) above this line.] 

e. Provisional/Challenged ballot 

____ No Change Since 2008 __x___ Changed Since 2008 

2008 Response:

[Begin definition (e) below this line.]

These are two distinct types of ballots in North Carolina.

 "Provisional official ballot" means an official ballot that is voted and then placed in an 

envelope that contains an affidavit signed by the voter certifying identity and eligibility to 

vote. If an individual seeking to vote claims to be a registered voter in a jurisdiction as 

provided in G.S. 163-82.1 and though eligible to vote in the election does not appear on the 

official list of eligible registered voters in the voting place, that individual may cast a 

provisional official ballot. See GS 163-165(6) and GS 163-166.11.

Any registered voter of the precinct may challenge at a polling location the right of any 

person to vote in such precinct. If the decision of the chief poll judge and judges pursuant to 

G.S. 163-88 is to sustain the challenge, the challenged voter may request a challenged ballot 

by submitting an application to the chief judge, such application shall include as part thereof 

an affidavit that such person possesses all the qualifications for voting and is entitled to vote 

at the election. The challenged ballot shall be the same type of ballot used for absentee 

voters, and the chief judge shall write across the top of the ballot "Challenged Ballot #____," 

and shall insert the same serial number as entered in the pollbook. These challenged ballots 

may be reviewed by the county board of elections as to their validity upon certain conditions. 

See GS 163-88.1.

GS 163-165 (6) "Provisional official ballot" means an official ballot that is 

voted and then placed in an envelope that contains an affidavit signed by the voter 

certifying identity and eligibility to vote. Except for its envelope, a provisional 

official ballot shall not be marked to make it identifiable to the voter.
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[End definition (e) above this line.] 

f. Absentee 

____ No Change Since 2008 __x___ Changed Since 2008 

2008 Response:

[Begin definition (f) below this line.]

An absentee ballot is a ballot issued to a voter qualified to vote in the election at a time other 

than Election Day. (Article 20 of Chapter 163 of the General Statutes deals with absentee 

voting.)

[End definition (f) above this line.] 

g. Early voting 

____ No Change Since 2008 ___x__ Changed Since 2008 

2008 Response:

[Begin definition (g) below this line.]

One-stop absentee voting is what most persons term early voting in North Carolina. It is a 

procedure by which a voter appears in person at a county elections office or a one-stop voting 

site and requests, receives, votes, and casts an absentee ballot at the same time, in a matter 

similar to voting on election day. This procedure is mandated for any election that allows 

absentee voting. See GS §163-227.2.

 [End definition (g) above this line.] 

h. Active Voter 

____ No Change Since 2008 __x___ Changed Since 2008 

2008 Response:

[Begin definition (h) below this line.]

A registered voter who has participated in a recent (the last federal election or another 

election since that federal election) election or otherwise has had recent contact with the 

county board of elections office. 
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[End definition (h) above this line.] 

i. Inactive Voter 

____ No Change Since 2008 ___x__ Changed Since 2008 

2008 Response:

[Begin definition (i) below this line.]

A registered voter who has not participated in a recent (the last federal election or another 

election since that federal election) election or otherwise has had contact with the county 

board of elections office. The inactive voter is subject to possible removal after the next 

federal election if they do not participate in that election or have contact with the county 

elections office and fail to respond a subsequent confirmation mailing. NC GS 163-82.14(d) 

(2).

[End definition (i) above this line.] 

j. Other terms (please specify) ________________ 

___x_ No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Identify each TERM and definition separately and begin below this line.]

[End TERM(s) and definition(s) above this line.] 

A2. Please provide the legal citation for any significant changes to election laws or 

procedures that have been enacted or adopted since the previous Federal election. 

“Significant” does not include routine or technical changes (such as changes to election 

district boundaries or polling place changes). However, EAC would like to learn about 

any new identification requirements for voters or registrants; changes in eligibility for 

voting or registering; adoption of alternative voting methods; and other changes that 

you believe represent a significant change in the way your state runs its elections. 

__ No Change Since 2008 ___x__ Changed Since 2008 

2008 Response:

[Begin response to above question (A2) below this line.]

Effective January 1, 2010, preregistration is now allowed in North Carolina. 

§ 163-82.1. General principles of voter registration.
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 (d) Preregistration. – A person who is at least 16 years of age but will not be 18 

years of age by the date of the next election and who is otherwise qualified to register may 

preregister to vote and shall be automatically registered upon reaching the age of eligibility 

following verification of the person's qualifications and address in accordance with G.S. 

163-82.7

Effective January 1, 2010, a mailed in absentee ballot if postmarked by the date of the 

election can be lawfully received by a county board of elections if it is 

received by 5 pm on the third day after the election. 

[End response to above question (A2) above this line.]
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SECTION B: VOTER REGISTRATION 

B1. Is your state’s voter registration database system best described as a bottom-up, a 

top-down, or a hybrid? (Note: A bottom-up system generally uploads information 

retained at the local level and compiled at regular intervals to form the statewide voter 

registration list. A top-down system is hosted on a single, central platform/mainframe 

and is generally maintained by the state with information supplied by local 

jurisdictions. A hybrid is some combination of both systems described above.) 

____ No Change Since 2008 __x___ Changed Since 2008 

2008 Response:

[Begin response to above question (B1) below this line.]

The VR registration database for North Carolina is called SEIMS. There is one database 

controlled by the State Board of Elections where the county board of elections entered data 

directly in real-time. The State Board can also directly enter and modify data into SEIMS. 

This would appear to be a top down system according to the definition above.

[End response to above question (B1) above this line.] 

If your state uses a bottom-up or hybrid system, how often do local jurisdictions 

transmit registration information to the state list? 

____ No Change Since 2008 ___x__ Changed Since 2008 

2008 Response:

[Begin response to above clarification question to B1 below this line.]

We have a top down system. 

[End response to above clarification question to B1 above this line.] 

B2. Please describe the process used in your state to move voters from the active list to 

the inactive list, and from the inactive list to the active list. Is a different process used 

for UOCAVA voters? 

____ No Change Since 2008 ___X__ Changed Since 2008 

2008 Response:

[Begin response to above question (B2) below this line.]

SEIMS reviews the voting history of voters after each federal election. In that process, voters 

who did not vote or have contact with the county board of election in the previous federal 

election are classified as inactive. SEIMS also places inactive voters back into an active 

status based upon the participation of that voter in a subsequent non-federal elections that 
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may occur or other contact with the county board of elections. The process is the same for 

UOCAVA voters.We follow the NVRA procedure as set out both in federal law and in GS 

163-82.14. We do not treat UOCAVA voters differently.

[End response to above question (B2) above this line.] 

B3. Please describe your state’s process for removing voters from the voter registration 

rolls (not merely moving them from active to inactive). Please include information 

regarding notices and confirmations. Are these procedures the same for UOCAVA 

voters? 

____ No Change Since 2008 ___x__ Changed Since 2008 

2008 Response:

[Begin response to above question (B3) below this line.]

North Carolina list maintenance reflects the mandates and guidelines of the NVRA. The 

procedures are the same for UOCAVA voters. See below:

§ 163-82.14. List maintenance.

(a) Uniform Program. – The State Board of Elections shall adopt a uniform program 

that makes a reasonable effort:

(1) To remove the names of ineligible voters from the official lists of eligible 

voters, and

(2) To update the addresses and other necessary data of persons who remain 

on the official lists of eligible voters.

That program shall be nondiscriminatory and shall comply with the provisions of the Voting 

Rights Act of 1965, as amended, and with the provisions of the National Voter Registration 

Act. The State Board of Elections, in addition to the methods set forth in this section, may 

use other methods toward the ends set forth in subdivisions (1) and (2) of this subsection, 

including address-updating services provided by the Postal Service. Each county board of 

elections shall conduct systematic efforts to remove names from its list of registered voters in 

accordance with this section and with the program adopted by the State Board. The county 

boards of elections shall complete their list maintenance mailing program by April 15 of 

every odd-numbered year, unless the State Board of Elections approves a different date for 

the county.

(b) Death. – The Department of Health and Human Services shall furnish free of 

charge to the State Board of Elections every month, in a format prescribed by the State Board 

of Elections, the names of deceased persons who were residents of the State. The State Board 

of Elections shall distribute every month to each county board of elections the names on that 

list of deceased persons who were residents of that county. The Department of Health and 

Human Services shall base each list upon information supplied by death certifications it 

received during the preceding month. Upon the receipt of those names, each county board of 

elections shall remove from its voter registration records any person the list shows to be 

dead. The county board need not send any notice to the address of the person so removed.

(c) Conviction of a Felony. –
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(1) Report of Conviction Within the State. – The State Board of Elections, on 

or before the fifteenth day of every month, shall report to the county board 

of elections of that county the name, county of residence, and residence 

address if available, of each individual against whom a final judgment of 

conviction of a felony has been entered in that county in the preceding 

calendar month.

(2) Report of Federal Conviction. – The Executive Director of the State Board 

of Elections, upon receipt of a notice of conviction sent by a United States 

Attorney pursuant to section 8(g) of the National Voter Registration Act, 

shall notify the appropriate county boards of elections of the conviction.

(3) County Board's Duty Upon Receiving Report of Conviction. – When a 

county board of elections receives a notice pursuant to subdivision (1) or 

(2) of this subsection relating to a resident of that county and that person is 

registered to vote in that county, the board shall, after giving 30 days' 

written notice to the voter at his registration address, and if the voter 

makes no objection, remove the person's name from its registration 

records. If the voter notifies the county board of elections of his objection 

to the removal within 30 days of the notice, the chairman of the board of 

elections shall enter a challenge under G.S. 163-85(c)(5), and the notice 

the county board received pursuant to this subsection shall be prima facie 

evidence for the preliminary hearing that the registrant was convicted of a 

felony.

(d) Change of Address. – A county board of elections shall conduct a systematic 

program to remove from its list of registered voters those who have moved out of the county, 

and to update the registration records of persons who have moved within the county. The 

county board shall remove a person from its list if the registrant:

(1) Gives confirmation in writing of a change of address for voting purposes 

out of the county. "Confirmation in writing" for purposes of this 

subdivision shall include:

a. A report to the county board from the Department of 

Transportation or from a voter registration agency listed in G.S. 

163-82.20 that the voter has reported a change of address for 

voting purposes outside the county;

b. A notice of cancellation received under G.S. 163-82.9; or

c. A notice of cancellation received from an election jurisdiction 

outside the State.

(2) Fails to respond to a confirmation mailing sent by the county board in 

accordance with this subdivision and does not vote or appear to vote in an 

election beginning on the date of the notice and ending on the day after the 

date of the second general election for the United States House of 

Representatives that occurs after the date of the notice. A county board 

sends a confirmation notice in accordance with this subdivision if the 

notice:

a. Is a postage prepaid and preaddressed return card, sent by 

forwardable mail, on which the registrant may state current 

address;
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b. Contains or is accompanied by a notice to the effect that if the 

registrant did not change residence but remained in the county, the 

registrant should return the card not later than the deadline for 

registration by mail in G.S. 163-82.6(c)(1); and

c. Contains or is accompanied by information as to how the registrant 

may continue to be eligible to vote if the registrant has moved 

outside the county.

A county board shall send a confirmation mailing in accordance with this 

subdivision to every registrant after every congressional election if the 

county board has not confirmed the registrant's address by another means.

(3) Any registrant who is removed from the list of registered voters pursuant 

to this subsection shall be reinstated if the voter appears to vote and gives 

oral or written affirmation that the voter has not moved out of the county 

but has maintained residence continuously within the county. That person 

shall be allowed to vote as provided in G.S. 163-82.15(f).

 [End response to above question (B3) above this line.] 

B4. Can your state’s voter registration database (or equivalent) share information 

electronically with your state’s drivers license agency (for example, to match records or 

trace changes in address)? Can your voter registration database be similarly linked 

with databases in any other state or federal agencies? Please describe these links, 

including any use of database matching to verify voter registration applications. 

____ No Change Since 2008 __x___ Changed Since 2008 

2008 Response:

[Begin response to above question (B4) below this line.]

SEIMS is linked to the NC Department of Motor Vehicle (DMV) database for purposes of 

matching data in voter registration applications. The DMV database is also connected to the 

Social Security database, and SEIMS uses that link to match voter registration data if needed. 

This matching is real-time once the voter registration data is entered into SEIMS. Currently 

SEIMS does use access to the DMV or SS databases as to making changes to address 

changes of voters. See GS § 163-82.19 entitled “Voter registration at drivers license offices; 

coordination on data interface”.

[End response to above question (B4) above this line.] 

B5. Please describe how your state uses National Change of Address (NCOA). What has 

been your state’s experience with NCOA? 

____ No Change Since 2008 ___x__ Changed Since 2008 

2008 Response:
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[Begin response to above question (B5) below this line.]

Effective in late 2009, the N.C. State Board of Elections has directed county boards of 

elections to utilize NCOA data in regular list maintenance. Because we have just started 

using it, we are not yet in a position to give an opinion as to our experience with NCOA. 

[End response to above question (B5) above this line.] 

B6. Please describe your state’s voting eligibility requirements as they relate to 

individuals with a felony conviction. (For example, are convicted felons allowed to vote 

while in prison or while on parole or probation? Are voting rights automatically 

restored or does the individual have to apply for a pardon, certificate of eligibility or 

other similar certificate? Does an individual whose voting rights have been restored 

have to produce documentation of his/her status when registering to vote?) 

____ No Change Since 2008 __x___ Changed Since 2008 

2008 Response:

[Begin response to above question (B6) below this line.]

Active felons lose their citizenship rights and thus the NC Constitution prohibits active

felons from voting. GS §163-55 states:

“Except as provided in G.S. 163-59, the following classes of persons shall not be allowed 

to vote in this State:

 (2) Any person adjudged guilty of a felony against this State or the United 

States, or adjudged guilty of a felony in another state that also would be a 

felony if it had been committed in this State, unless that person shall be 

first restored to the rights of citizenship in the manner prescribed by law.”

 However, citizenship is AUTOMATICALLY restored to felons who are discharged from 

their felony sentences. Such restored ex-felons citizens do not have to produce 

documentation to register to vote. But they have to affirm on the voter registration form, 

under penalty of perjury, that they have had their citizenship restored. See GS §13-1.

 [End response to above question (B6) above this line.] 

B7. Does your state currently use the Internet in any way to facilitate voter 

registration? If yes, please describe how your state allows voters to use the Internet in 

the registration process (e.g., entire registration completed online; completed online but 

then must be printed, signed, and mailed by voter, etc.). 

__x__ No Change Since 2008 _____ Changed Since 2008 

2008 Response:
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[Begin response to above question (B7) below this line.]

North Carolina posts on its website a voter registration form that can be downloaded, 

completed, signed, and mailed by voter to the proper board of elections office. Voter 

registration information is also posted on our website.

[End response to above question (B7) above this line.]
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SECTION C: ELECTION ADMINISTRATION 

 

C1. Please describe how all votes cast at a place other than the voter’s precinct of 

registration are tabulated (for example, please include descriptions of such votes as 

absentee ballots, mail-in ballots, votes cast at vote centers, provisional ballots, early 

voting locations, etc.). 

a. Are the votes counted centrally or at the precincts? 

__x__ No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (a) below this line.]

Votes cast at the precinct are counted at the precincts after closing. See 8 NCAC 

10B.0105 and NC GS §163-182.2.

[End response to above question (a) above this line.] 

 b. If centrally tabulated, are the votes redirected to the appropriate 

 precinct for reporting in the canvass? 

____ No Change Since 2008 _____ Changed Since 2008

2008 Response:

[Begin response to above question (b) below this line.]

N/A 

[End response to above question (b) above this line.] 

 c. Are the absentee, mail, etc., votes reported separately for each precinct, 

 or are they added to the in-precinct results and reported as just a single 

 number? 

____ No Change Since 2008 ___x__ Changed Since 2008 

2008 Response:

[Begin response to above question (c) below this line.]
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Total county mail-in and one-stop absentee votes are reported as separate items on election 

night. Both mail-in and one-stop absentee ballots are centrally tabulated by the county board 

of elections on election day and are reported after the polls close. However counties are 

required to later report these absentee votes by the precincts of the voters casting them. See 

NC GS § 163-132.5G and §163-234.

[End response to above question (c) above this line.] 

 d. How are UOCAVA ballots counted and reported? 

____ No Change Since 2008 ___x__ Changed Since 2008 

2008 Response:

[Begin response to above question (d) below this line.]

Article 21of Chapter 163 the NC General Statutes deal with UOCAVA voters. Such absentee 

votes are counted along with the other absentee votes. There is an administrative requirement 

that county boards of elections keep records as to UOCAVA absentee transactions.

[End response to above question (d) above this line.] 

C2. Does your state require a reason for voting absentee, or does your state allow noexcuse absentee voting? (If a reason is required, please provide the legal citation.) 

 

__x__ No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (C2) below this line.]

No. We are a no-excuse absentee state. See GS §163-226(a).

[End response to above question (C2) above this line.] 

C3. Does your state provide for in-person early voting? If so, how is early voting 

defined? When early voting is used, are the ballots counted at the precinct or at a 

central location? How are these votes reported? 

____ No Change Since 2008 __x___ Changed Since 2008 

2008 Response:

[Begin response to above question (C3) below this line.]
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In-person early voting is called one-stop absentee voting in North Carolina. It is a form of 

absentee voting and is set out in NC GS § 163-227.2. While votes are cast at one-stop sites, 

they are tabulated at the county boards of elections offices on election day. A separate report

of the one-stop results is made after the close of the polls and is reported as if a precinct. 

One-stop voting starts the third Thursday before any election that allows absentee voting and 

ends the Saturday before the election at 1 pm. Additional locations and extended hours are 

allowed.

 [End response to above question (C3) above this line.] 

C4. Do any jurisdictions in your state use a vote-by-mail system to replace (and not 

merely supplement) at-the-precinct voting in any elections? 

__x__ No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (C4) below this line.]

No 

[End response to above question (C4) above this line.] 

C5. Please list each of the situations that require a provisional ballot in your state. 

Please provide the relevant legal citation for each situation. 

____ No Change Since 2008 __x___ Changed Since 2008 

2008 Response:

[Begin response to above question (C5) below this line.]

There are eight categories of provisional voters: 

1. Voters who moved to a new precinct within the county more than 30 days ago and did not 

report that move to the county board (“unreported move voters”).

Allowed by GS §163-166.11.

2. Voters who are registered but do not appear on the precinct records (“unrecorded voters”). 

Allowed by GS §163-166.11.

3. Voters who were previously removed as part of list maintenance but claim continuous 

residence and right to vote (“previously removed voters”). Allowed by GS § 163-82.14(d)(3)

4. Voters who may be assigned to the wrong election district in a particular race 

(“jurisdictional dispute voters”). Allowed by GS §163-166.11.
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5. Voters who are in a precinct other than the precinct of residence who wish to vote in that 

precinct nonetheless (“out of precinct voters”). Allowed by GS §163-166.11.

6. Voters whose party affiliation has been incorrectly assigned in an administrative error 

(“incorrect party voters”). Allowed by GS §163-166.11.

7. Voters who appear after 7:30 p.m. and vote by virtue of a court or State Board order 

keeping the polls open (“extended hours voters”). Allowed by GS § 163-166.01.

8. Voters required to show ID who do not show ID (“ID not provided voters”).

 Allowed by GS§ 163-166.12(c).

§ 163-166.11. Provisional voting requirements.

If an individual seeking to vote claims to be a registered voter in a jurisdiction as 

provided in G.S. 163-82.1 and though eligible to vote in the election does not appear on the 

official list of eligible registered voters in the voting place, that individual may cast a 

provisional official ballot as follows:

(1) An election official at the voting place shall notify the individual that the 

individual may cast a provisional official ballot in that election.

(2) The individual may cast a provisional official ballot at that voting place 

upon executing a written affirmation before an election official at the 

voting place, stating that the individual is a registered voter in the 

jurisdiction as provided in G.S. 163-82.1 in which the individual seeks to 

vote and is eligible to vote in that election.

(2a) A voter who has moved within the county more than 30 days before 

election day but has not reported the move to the board of elections shall 

not be required on that account to vote a provisional ballot at the one-stop 

site, as long as the one-stop site has available all the information necessary 

to determine whether a voter is registered to vote in the county and which 

ballot the voter is eligible to vote based on the voter's proper residence 

address. The voter with that kind of unreported move shall be allowed to 

vote the same kind of absentee ballot as other one-stop voters as provided 

in G.S. 163-227.2(e2).

(3) At the time the individual casts the provisional official ballot, the election 

officials shall provide the individual written information stating that 

anyone casting a provisional official ballot can ascertain whether and to 

what extent the ballot was counted and, if the ballot was not counted in 

whole or in part, the reason it was not counted. The State Board of 

Elections or the county board of elections shall establish a system for so 

informing a provisional voter. It shall make the system available to every 

provisional voter without charge, and it shall build into it reasonable 

procedures to protect the security, confidentiality, and integrity of the 

voter's personal information and vote.

(4) The cast provisional official ballot and the written affirmation shall be 

secured by election officials at the voting place according to guidelines 
OMB Control No. 3265-0006 18 Expiration Date 5/31/2013 

and procedures adopted by the State Board of Elections. At the close of 

the polls, election officials shall transmit the provisional official ballots 

cast at that voting place to the county board of elections for prompt 

verification according to guidelines and procedures adopted by the State 

Board of Elections.

(5) The county board of elections shall count the individual's provisional 

official ballot for all ballot items on which it determines that the individual 

was eligible under State or federal law to vote.

 [End response to above question (C5) above this line.] 

C6. Does your state count provisional ballots of voters who are registered in different 

precincts, or are those ballots automatically rejected? Please describe the process used 

by local election officials in determining whether to count a provisional ballot. 

_x___ No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (C6) below this line.]

We count the provisional ballots of voters voting in the wrong precinct for those races that 

they were eligible to vote for in their correct precinct See GS 163-166.11. 

The voter is researched to see if they are registered. If they are, the ballot will be counted as 

to those ballot items the voter was eligible to vote for. 

 [End response to above question (C6) above this line.] 

C7. Please describe your state’s laws regarding post-election audits, if any. 

____ No Change Since 2008 __x___ Changed Since 2008 

2008 Response:

[Begin response to above question (C7) below this line.]

GS §163-182.2(b)(1a) and §163-182.1 require a sample post –election audit count. They 

have been conducted since 2006. 

The statutes provide for a sample hand-to-eye count of the paper ballots or paper records of a 

statewide ballot item in every county. The presidential ballot item shall be the subject of the 

sampling in a presidential election. If there is no statewide ballot item, the State Board shall 

provide a process for selecting district or local ballot items to adequately sample the 

electorate. The State Board shall approve in an open meeting the procedure for randomly 

selecting the sample precincts for each election. The random selection of precincts for any 

county shall be done publicly after the initial count of election returns for that county is 

publicly released or 24 hours after the polls close on election day, whichever is earlier. The 

sample chosen by the State Board shall be of one or more full precincts, full counts of mailed 
OMB Control No. 3265-0006 19 Expiration Date 5/31/2013 

absentee ballots, full counts of one or more one-stop early voting sites, or a combination. The 

size of the sample of each category shall be chosen to produce a statistically significant result 

and shall be chosen after consultation with a statistician. The actual units shall be chosen at 

random. In the event of a material discrepancy between the electronic or mechanical count 

and a hand-to-eye count, the hand-to-eye count shall control, except where paper ballots or 

records have been lost or destroyed or where there is another reasonable basis to conclude 

that the hand-to-eye count is not the true count. If the discrepancy between the hand-to-eye 

count and the mechanical or electronic count is significant, a complete hand-to-eye count 

shall be conducted.

 [End response to above question (C7) above this line.] 

C8. Please describe any state requirements for poll worker training. 

__x__ No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (C8) below this line.]

Required training is set out in GS 163-46. In addition we offer on-line poll worker training. 

GS §163-46 states:

“The chairman of the county board of elections, along with the director of elections, shall 

conduct an instructional meeting prior to each primary and general election which shall be 

attended by each chief judge and judge of election.”

As a practical matter, these trainings are also attended by election assistants as well. North 

Carolina has web based poll worker training available at all times.

 [End response to above question (C8) above this line.] 
OMB Control No. 3265-0006 20 Expiration Date 5/31/2013 

SECTION D: ELECTION DAY ACTIVITIES 

D1. Please describe your state’s process for capturing “over-vote” and “under-vote” 

counts. 

__x__ No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (D1) below this line.]

We do not capture or report this data. One is free to compare the reported number of voters 

voting a ballot and compare that number with the total votes voted in a ballot item to obtain a 

number who did not vote as to that ballot item.

 Our voting systems are programmed to initially reject any over-voted ballot item. At that 

reject point the voter is informed of the consequence of the over-vote voiding their vote as to 

that ballot item. The voter has the option to have the over-voted ballot spoiled and cast a 

new ballot or cast the over-voted ballot as is. See 8 NCAC 10B.0104 (b).

[End response to above question (D1) above this line.] 

D2. What identification does your state require from voters in the following situations: 

a. registering to vote; 

__x__ No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (a) below this line.]

Drivers license number or, if the applicant does not have a drivers license number, the last 

four digits of the applicant's social security number. See GS §163-82.10. This reflects the 

HAVA requirements.

 [End response to above question (a) above this line.] 

b. casting an in-person ballot; 

____ No Change Since 2008 __x___ Changed Since 2008 

2008 Response:

[Begin response to above question (b) below this line.]
OMB Control No. 3265-0006 21 Expiration Date 5/31/2013 

None. Voter is required to state their name and address and sign their names. See 

below.

§ 163-166.7. Voting procedures.

(a) Checking Registration. – A person seeking to vote shall enter the voting enclosure 

through the appropriate entrance. A precinct official assigned to check registration shall at 

once ask the voter to state current name and residence address. The voter shall answer by 

stating current name and residence address. In a primary election, that voter shall also be 

asked to state, and shall state, the political party with which the voter is affiliated or, if 

unaffiliated, the authorizing party in which the voter wishes to vote. After examination, that 

official shall state whether that voter is duly registered to vote in that precinct and shall direct 

that voter to the voting equipment or to the official assigned to distribute official ballots. If a 

precinct official states that the person is duly registered, the person shall sign the pollbook, 

other voting record, or voter authorization document in accordance with subsection (c) of this 

section before voting.

However, if the voter’s driver license or SS number provided in the voter registration 

application did not match, they have to bring ID the first time they vote. See below.

 

§ 163-166.12. Requirements for certain voters who register by mail.

(a) Voting in Person. – An individual who has registered to vote by mail on or after 

January 1, 2003, and has not previously voted in an election that includes a ballot item for 

federal office in North Carolina, shall present to a local election official at a voting place 

before voting there one of the following:

(1) A current and valid photo identification.

(2) A copy of one of the following documents that shows the name and 

address of the voter: a current utility bill, bank statement, government 

check, paycheck, or other government document.

We follow HAVA, if the above data matches, then the voter does not have to present 

further ID. See GS 163-166.12.

 [End response to above question (b) above this line.] 

c. casting a mail-in or absentee vote; 

____ No Change Since 2008 __x___ Changed Since 2008 

2008 Response:

[Begin response to above question (c) below this line.]

No ID requirement. Absentee ballot application needs to be signed by the voter in 

front of witnesses who acknowledge their witness on the absentee application.

However, if the voter’s driver license or SS number provided in the voter registration 

application did not match, they have to provide ID with the absentee ballot the first 

time they vote. See below.

§ 163-166.12. Requirements for certain voters who register by mail.
OMB Control No. 3265-0006 22 Expiration Date 5/31/2013 

 (b) Voting Mail-In Absentee. – An individual who has registered to vote by mail on 

or after January 1, 2003, and has not previously voted in an election that includes a ballot 

item for federal office in North Carolina, in order to cast a mail-in absentee vote, shall submit 

with the mailed-in absentee ballot one of the following:

(1) A copy of a current and valid photo identification.

(2) A copy of one of the following documents that shows the name and 

address of the voter: a current utility bill, bank statement, government 

check, paycheck, or other government document.

[End response to above question (c) above this line.] 

d. casting a ballot under UOCAVA; 

____ No Change Since 2008 ___x__ Changed Since 2008 

2008 Response:

[Begin response to above question (d) below this line.]

No ID requirement. Absentee ballot application needs to be signed by the voter in 

front of witnesses who acknowledge their witness on the absentee application.

[End response to above question (d) above this line.] 

e. any other stage in registration or voting process in which identification is 

 required (please specify). 

____ No Change Since 2008 __x___ Changed Since 2008 

2008 Response:

[Begin response to above question (e) below this line.]

 We follow HAVA...when data provided does not match, then the 

voter has to show ID the first time they vote. See GS 163-166.12. Voters 

registering at one-stop absentee (early) voting sites, have to present 

proof of residence.

[End response to above question (e) above this line.] 

D3. Please describe your state’s laws regarding access to the polling place for election 

observers. Election observers are people allowed inside the polling place who are not 

poll workers, election officials or voters. If decisions on access to observers are left to 

local jurisdictions, please explain. 
OMB Control No. 3265-0006 23 Expiration Date 5/31/2013 

____ No Change Since 2008 ___x__ Changed Since 2008 

2008 Response:

[Begin response to above question (D3) below this line.]

In North Carolina, observers are appointed by political parties and may enter the polling area 

and observe the voting as long as they do not obstruct the voting process. See GS §163-45.

Persons who wish to observe the polling place, not as an appointed observer but in the nature 

of a “monitor”, must first obtain permission from the county or state elections board. This 

would be the situation as to a government or an organization representative that desires to 

observe the inner workings of the polling location. See below.

§ 163-166.3. Limited access to the voting enclosure.

(a) Persons Who May Enter Voting Enclosure. – During the time allowed for voting 

in the voting place, only the following persons may enter the voting enclosure:

 (2) An observer appointed pursuant to G.S. 163-45.

 (8) Any other person determined by election officials to have an urgent need 

to enter the voting enclosure but only to the extent necessary to address 

that need.

 [End response to above question (D3) above this line.] 
OMB Control No. 3265-0006 24 Expiration Date 5/31/2013 

SECTION E: OTHER 

E1. Under HAVA, Section 402, states are required to establish and maintain 

administrative complaint procedures to remedy grievances. Has your state revised its 

administrative complaint procedures since they were first implemented? If so, how? 

____ No Change Since 2008 __x___ Changed Since 2008 

2008 Response:

[Begin response to above question (E1) below this line.]

No we have made no revisions. We have not had an HAVA Administrative Complaint filed 

in North Carolina. Our state had and has in place a well established election protest 

mechanism and most complaints are received informally. We promptly respond to these 

informal complaints and inform the voters of what further formal complaint procedure 

(including the HAVA Administrative Complaint) is available to them. 

[End response to above question (E1) above this line.] 

E2. The Military and Overseas Voter Empowerment Act (MOVE) was signed into law 

on October 22, 2009. The MOVE Act contains, among other things, provisions 

regarding States’ methods of communication with UOCAVA voters and UOCAVA 

ballot transmission. 

Please describe your State’s processes and procedures for implementing MOVE 

(including any changes in your State’s laws or regulations) as they relate to: 

• Protecting the security and integrity of the voter registration and ballot 

application process, the privacy and personal information of the voter, and 

absentee ballots. (Sect. 577, 578) 

• Designating a means of electronic communication for all voting-related materials 

to UOCAVA voters. (Sect. 577) 

• Establishing a ballot tracking mechanism to allow voters to determine whether 

their ballots were received by the appropriate election official. (Sect. 580(d)) 

Also, please describe your State’s plans to capture data related to the number of 

registration applications, ballot applications, and blank ballots transmitted to

UOCAVA voters via mail and electronic means (Internet, email, fax) and the number of 

registration applications, ballot applications, and completed ballots returned by

UOCAVA voters via mail and electronic means (Internet, email, fax). 

This question was not asked in 2008. Please provide your answer below. 

[Begin response to above question (E2) below this line.]
OMB Control No. 3265-0006 25 Expiration Date 5/31/2013 

Security 

Use of secure fax and email account. 

Designating a means of electronic communication 

In addition to the State’s secure fax number, we have also created a dedicated email address 

for UOCAVA communications 

Ballot Tracking 

In place prior to MOVE Act, all absentee voters may track the status of their absentee ballot. 

They can track the ballot request status, the ballot transmit status and the ballot receipt status. 

Data Capturing 

Using the SEIMS system, county boards may record the number and request method of ballot 

and registration applications received, the number and transmit method of ballots issued, and 

the number and receipt method of ballots returned by UOCAVA voters. 

[End response to above question (E2) above this line.] 

E3. Please add any additional comments or information about your state’s election 

administration processes that would help to inform the EAC’s interpretation of your 

data. 

____ No Change Since 2008 _____ Changed Since 2008

2008 Response:

[Begin response to above question (E3) below this line.]

n/a 

[End response to above question (E3) above this line.] 

 

* The information collection associated with the Election Administration and Voting Survey is required for the 

EAC to meet its statutory requirements under the Help America Vote Act (HAVA) of 2002 (42 U.S.C. 15301), 

the National Voter Registration Act (NVRA) (42 U.S.C. 1973gg-1 et seq.), and the Uniformed and Overseas 

Citizens Absentee Voters Act (UOCAVA) (42 U.S.C. 1973ff-1). Respondent’s obligation to reply to this 

information collection is mandatory as required under NVRA (42 U.S.C. 1973gg-1 et seq.) and UOCAVA (42

U.S.C. 1973ff-1). This part of the information collection is being requested to help the EAC to better understand 

state laws governing federal elections. Respondents include the fifty states, the District of Columbia, and the 

U.S. Territories. This information will be made publicly available on the EAC website (www.eac.gov). 

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not 

required to respond to, a collection of information unless it displays a valid OMB control number. The valid 

OMB control number for this information collection is OMB Control No. 3265-0006 (expires 5/31/2013). The 
OMB Control No. 3265-0006 26 Expiration Date 5/31/2013 

time required to complete this information collection is estimated to average 59 hours per state response. This 

estimate includes the time for reviewing the instructions, gathering information, and completing the form. 

Comments regarding this burden estimate should be sent the U.S. Election Assistance Commission – 2010 

Election Administration and Voting Survey, 1201 New York Avenue, Suite 300, Washington, DC 20005.