reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-165 - Definitions.

§ 163-165. Definitions.
In addition to the definitions stated below, the definitions set forth in Article 15A of this Chapter also apply to this Part. As used in this Part:
(1) "Ballot" means an instrument on which a voter indicates that voter's choice for a ballot item so that it may be recorded as a vote for or against a certain candidate or referendum proposal, and is evidenced by an individual paper document that bears marks made by the voter by hand or through electronic means, whether preprinted or printed in the voting enclosure.
(2) "Ballot item" means a single item on a ballot in which the voters are to choose between or among the candidates or proposals listed.
(3) "Ballot style" means the version of a ballot within a jurisdiction that an individual voter is eligible to vote. For example, in a county that uses essentially the same official ballot, a group office such as county commissioner may be divided into districts so that different voters in the same county vote for commissioner in different districts. The different versions of the county's official ballot containing only those district ballot items one individual voter may vote are the county's different ballot styles.
(4) "Election" means the event in which voters cast votes in ballot items concerning proposals or candidates for office in this State or the United States. The term includes primaries, general elections, referenda, and special elections.
(5) "Official ballot" means a ballot that has been certified by the State Board of Elections and produced by or with the approval of the county board of elections. The term does not include a sample ballot or a specimen ballot.
(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.
(7) "Referendum" means the event in which voters cast votes for or against ballot questions other than the election of candidates to office.
(8) "Voting booth" means the private space in which a voter is to mark an official ballot.
(9) "Voting enclosure" means the room within the voting place that is used for voting.
(10) "Voting place" means the building or area of the building that contains the voting enclosure.
(11) "Voting system" means a system of casting and tabulating ballots. The term includes systems of paper ballots counted by hand as well as systems utilizing mechanical and electronic voting equipment. (2001-460, s. 3; 2001-466, s. 3(a), (b); 2002-159, s. 21(h); 2006-262, s. 4; 2013-381, ss. 30.1, 30.2; 2015-103, ss. 4(a), 5(a), 6(b); 2017-6, s. 3; 2018-13, s. 3.11(b); 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-165.1 - Scope and general rules.

§ 163-165.1. Scope and general rules.
(a) Scope. – This Article shall apply to all elections in this State.
(b) Requirements of Official Ballots in Voting. – In any election conducted under this Article:
(1) All voting shall be by official ballot.
(2) Only votes cast on an official ballot shall be counted.
(c) Compliance With This Article. – All ballots shall comply with the provisions of this Article.
(d) Other Uses Prohibited. – An official ballot shall not be used for any purpose not authorized by this Article.
(e) Voted ballots and paper and electronic records of individual voted ballots shall be treated as confidential, and no person other than elections officials performing their duties may have access to voted ballots or paper or electronic records of individual voted ballots except by court order or order of the appropriate board of elections as part of the resolution of an election protest or investigation of an alleged election irregularity or violation. Voted ballots and paper and electronic records of individual voted ballots shall not be disclosed to members of the public in such a way as to disclose how a particular voter voted, unless a court orders otherwise. Any person who has access to an official voted ballot or record and knowingly discloses in violation of this section how an individual has voted that ballot is guilty of a Class 1 misdemeanor. (2001-460, s. 3; 2002-159, s. 55(o); 2005-323, s. 1(f); 2007-391, s. 9(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-165.2 - Sample ballots.

§ 163-165.2. Sample ballots.
(a) County Board to Produce and Distribute Sample Ballots. – The county board of elections shall produce sample ballots, in all the necessary ballot styles of the official ballot, for every election to be held in the county. The sample ballots shall be given an appearance that clearly distinguishes them from official ballots. The county board shall distribute sample ballots to the chief judge of every precinct in which the election is to be conducted. The chief judge shall post a sample ballot in the voting place and may use it for instructional purposes. The county board of elections may use the sample ballot for other informational purposes.
(b) Document Resembling an Official Ballot to Contain Disclaimer. – No person other than a board of elections shall produce or disseminate a document substantially resembling an official ballot unless the document contains on its face a prominent statement that the document was not produced by a board of elections and is not an official ballot. (2001-460, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-165.4 - Standards for official ballots.

§ 163-165.4. Standards for official ballots.
The State Board of Elections shall ensure that official ballots throughout the State have all the following characteristics:
(1) Are readily understandable by voters.
(2) Present all candidates and questions in a fair and nondiscriminatory manner.
(3) Allow every voter to cast a vote in every ballot item without difficulty.
(4) Facilitate an accurate vote count.
(5) Are uniform in content and format, subject to varied presentations required or made desirable by different voting systems. (2001-460, s. 3; 2013-381, s. 29.1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-165.4A - Punch-card ballots and lever machines.

§ 163-165.4A. Punch-card ballots and lever machines.
(a) No ballot may be used in any referendum, primary, or other election as an official ballot if it requires the voter to punch out a hole with a stylus or other tool.
(b) No lever machine voting system may be used in any referendum, primary, or other election as a means of voting the official ballot. A "lever machine voting system" is a voting system on which the voter casts a vote by pressing a lever and the vote is mechanically recorded by the machine.
(c) In any counties that used punch-card ballots as official ballots or lever machines in the election of November 2000, and in any municipalities located in those counties, this section becomes effective January 1, 2006. It is the intent of the General Assembly that any county that uses county funds to replace voting equipment to satisfy this section shall be given priority in appropriations to counties for voting equipment. (2001-310, ss. 1, 3; 2003-226, s. 12; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-165.4B - Butterfly ballots.

§ 163-165.4B. Butterfly ballots.
No butterfly ballot may be used as an official ballot in any referendum, primary, or other election. The term "butterfly ballot" means a ballot having more than one column listing ballot choices that share a common column for designating those choices. (2001-310, ss. 2, 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-165.4C - Prohibited voting systems.

§ 163-165.4C. Prohibited voting systems.
A voting system that does not use or produce a ballot shall not be used in any referendum, primary, or other election as a means of voting or counting an official ballot. (2015-103, s. 5(b); 2017-6, s. 3; 2018-146, s. 3.1(a), (b)3.)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-165.5B - Ballots may be combined.

§ 163-165.5B. Ballots may be combined.
Notwithstanding any other statute or local act, a county board of elections, with the approval of the State Board of Elections, may combine ballot items on the same official ballot. (2007-391, s. 7; 2008-187, s. 33(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-165.8 - Voting systemspowers and duties of board of county commissioners.

§ 163-165.8. Voting systems: powers and duties of board of county commissioners.
The board of county commissioners, with the approval of the county board of elections, may adopt and acquire only a voting system of a type, make, and model certified by the State Board of Elections for use in some or all voting places in the county at some or all elections.
The board of county commissioners may decline to adopt and acquire any voting system recommended by the county board of elections but may not adopt and acquire any voting system that has not been approved by the county board of elections. Article 8 of Chapter 143 of the General Statutes does not apply to the purchase of a voting system certified by the State Board of Elections. (2001-460, s. 3; 2005-323, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-165.9A - Voting systemsrequirements for voting systems vendors; penalties.

§ 163-165.9A. Voting systems: requirements for voting systems vendors; penalties.
(a) Duties of Vendor. – Every vendor that has a contract to provide a voting system in North Carolina shall do all of the following:
(1) The vendor shall place in escrow with an independent escrow agent approved by the State Board of Elections all software that is relevant to functionality, setup, configuration, and operation of the voting system, including, but not limited to, a complete copy of the source and executable code, build scripts, object libraries, application program interfaces, and complete documentation of all aspects of the system including, but not limited to, compiling instructions, design documentation, technical documentation, user documentation, hardware and software specifications, drawings, records, and data. The State Board of Elections may require in its request for proposal that additional items be escrowed, and if any vendor that agrees in a contract to escrow additional items, those items shall be subject to the provisions of this section. The documentation shall include a list of programmers responsible for creating the software and a sworn affidavit that the source code includes all relevant program statements in low-level and high-level languages.
(2) The vendor shall notify the State Board of Elections of any change in any item required to be escrowed by subdivision (1) of this subsection.
(3) The chief executive officer of the vendor shall sign a sworn affidavit that the source code and other material in escrow is the same being used in its voting systems in this State. The chief executive officer shall ensure that the statement is true on a continuing basis.
(4) The vendor shall promptly notify the State Board of Elections and the county board of elections of any county using its voting system of any decertification of the same system in any state, of any defect in the same system known to have occurred anywhere, and of any relevant defect known to have occurred in similar systems.
(5) The vendor shall maintain an office in North Carolina with staff to service the contract.
(b) Penalties. – Willful violation of any of the duties in subsection (a) of this section is a Class G felony. Substitution of source code into an operating voting system without notification as provided by subdivision (a)(2) of this section is a Class I felony. In addition to any other applicable penalties, violations of this section are subject to a civil penalty to be assessed by the State Board of Elections in its discretion in an amount of up to one hundred thousand dollars ($100,000) per violation. A civil penalty assessed under this section shall be subject to the provisions of G.S. 163-278.34(e).
(c) Definitions. – For the purposes of this section, the term "voting system" shall include an electronic poll book or a ballot duplication system. (2005-323, s. 2(a); 2017-6, s. 3; 2018-13, s. 3.7(b); 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-165.10 - Adequacy of voting system for each precinct.

§ 163-165.10. Adequacy of voting system for each precinct.
The county board of elections shall make available for each precinct voting place an adequate quantity of official ballots or equipment. When the board of county commissioners has decided to adopt and purchase or lease a voting system for voting places under the provisions of G.S. 165-165.8 [G.S. 163-165.8], the board of county commissioners shall, as soon as practical, provide for each of those voting places sufficient equipment of the approved voting system in complete working order. If it is impractical to furnish each voting place with the equipment of the approved voting system, that which has been obtained may be placed in voting places chosen by the county board of elections. In that case, the county board of elections shall choose the voting places and allocate the equipment in a way that as nearly as practicable provides equal access to the voting system for each voter. The county board of elections shall appoint as many voting system custodians as may be necessary for the proper preparation of the system for each election and for its maintenance, storage, and care. The Executive Director of the State Board of Elections may permit a county board of elections to provide more than one type of voting system in a precinct, but only upon a finding that doing so is necessary to comply with federal or State law. (2001-460, s. 3; 2005-428, s. 2; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-166.01 - Hours for voting.

§ 163-166.01. Hours for voting.
In every election, the voting place shall be open at 6:30 A.M. and shall be closed at 7:30 P.M. If the polls are delayed in opening for more than 15 minutes, or are interrupted for more than 15 minutes after opening, the State Board of Elections may extend the closing time by an equal number of minutes. As authorized by law, the State Board of Elections shall be available either in person or by teleconference on the day of election to approve any such extension. If any voter is in line to vote at the time the polls are closed, that voter shall be permitted to vote. No voter shall be permitted to vote who arrives at the voting place after the closing of the polls.
Any voter who votes after the statutory poll closing time of 7:30 P.M. by virtue of a federal or State court order or any other lawful order, including an order of a county board of elections, shall be allowed to vote, under the provisions of that order, only by using a provisional official ballot. Any special provisional official ballots cast under this section shall be separated, counted, and held apart from other provisional ballots cast by other voters not under the effect of the order extending the closing time of the voting place. If the court order has not been reversed or stayed by the time of the county canvass, the total for that category of provisional ballots shall be added to the official canvass. (2001-460, s. 3; 2003-226, s. 14; 2013-381, s. 33.1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-166.1 - Duties of county board of elections.

§ 163-166.1. Duties of county board of elections.
The county board of elections shall:
(1) Provide for the timely delivery to each voting place of the supplies, records, and equipment necessary for the conduct of the election.
(2) Ensure that adequate procedures are in place at each voting place for a safe, secure, fair, and honest election.
(3) Respond to precinct officials' questions and problems where necessary.
(4) Provide adequate technical support for the voting system, which shall be done in conjunction with the State Board of Elections. (2001-460, s. 3; 2009-541, s. 21; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-166.2 - Arrangement of the voting enclosure.

§ 163-166.2. Arrangement of the voting enclosure.
Each voting enclosure shall contain at a minimum:
(1) A sufficient number of private spaces for all voters to mark their official ballots in secrecy.
(2) Adequate space and furniture for the separate functions of:
a. The checking of voter registration records.
b. The distribution of official ballots.
c. Private discussion with voters concerning irregular situations.
(3) A telephone or some facility for communication with the county board of elections.
The equipment and furniture in the voting enclosure shall be arranged so that it can be generally seen from the public space of the enclosure. (2001-460, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-166.3 - Limited access to the voting enclosure.

§ 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:
(1) An election official.
(2) An observer appointed pursuant to G.S. 163-45.
(3) A runner appointed pursuant to G.S. 163-45, but only to the extent necessary to announce that runner's presence and to receive the voter list as provided in G.S. 163-45.
(4) A person seeking to vote in that voting place on that day but only while in the process of voting or seeking to vote.
(5) A voter in that precinct while entering or explaining a challenge pursuant to G.S. 163-87 or G.S. 163-88.
(6) A person authorized under G.S. 163-166.8 to assist a voter but, except as provided in subdivision (7) of this section, only while assisting that voter.
(7) Minor children of the voter under the age of 18, or minor children under the age of 18 in the care of the voter, but only while accompanying the voter and while under the control of the voter.
(8) Persons conducting or participating in a simulated election within the voting place or voting enclosure, if that simulated election is approved by the county board of elections.
(9) 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.
(b) Photographing Voters Prohibited. – No person shall photograph, videotape, or otherwise record the image of any voter within the voting enclosure, except with the permission of both the voter and the chief judge of the precinct. If the voter is a candidate, only the permission of the voter is required. This subsection shall also apply to one-stop sites under G.S. 163-227.2, 163-227.5, and 163-227.6. This subsection does not apply to cameras used as a regular part of the security of the facility that is a voting place or one-stop site.
(c) Photographing Voted Ballot Prohibited. – No person shall photograph, videotape, or otherwise record the image of a voted official ballot for any purpose not otherwise permitted under law. (2001-460, s. 3; 2005-428, s. 1(b); 2007-391, s. 23; 2008-187, s. 33(a); 2017-6, s. 3; 2018-144, s. 3.4(b); 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-166.5 - Procedures at voting place before voting begins.

§ 163-166.5. Procedures at voting place before voting begins.
The State Board of Elections shall promulgate rules for precinct officials to set up the voting place before voting begins. Those rules shall emphasize:
(1) Continual participation or monitoring by officials of more than one party.
(2) Security of official ballots, records, and equipment.
(3) The appearance as well as the reality of care, efficiency, impartiality, and honest election administration.
The county boards of elections and precinct officials shall adhere to those procedures. (2001-460, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-166.6 - Designation of tasks.

§ 163-166.6. Designation of tasks.
The State Board of Elections shall promulgate rules for the delegation of tasks among the election officials at each precinct. Those rules shall emphasize:
(1) The need to place primary managerial responsibility upon the chief judge.
(2) The need to have maximum multiparty participation in all duties where questions of partisan partiality might be raised.
(3) The need to provide flexibility of management to the county board of elections and to the chief judge, in consideration of different abilities of officials, the different availability of officials, and the different needs of voters precinct by precinct. (2001-460, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-166.7A - Voter education and information.

§ 163-166.7A. Voter education and information.
(a) Posting the Information. – For each election that involves candidates for federal or State office, each county board of elections shall post at each active voting place the following information in a manner and format approved by the State Board of Elections:
(1) A sample ballot as required by 163-165.2.
(2) The date of the election and the hours the voting place will be open.
(3) Instructions on how to vote, including how to cast a vote or correct a vote on the voting systems available for use in that voting place.
(4) Instructions on how to cast a provisional ballot.
(5) Instructions to mail-in registrants and first-time voters on how to comply with the requirements in section 303(b) of the Help America Vote Act of 2002 concerning voter identifications.
(6) General information on voting rights under applicable federal and State law, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if the voter believes those rights have been violated.
(7) General information on federal and State laws that prohibit acts of fraud and misrepresentation as to voting and elections.
(b) Intent. – The posting required by subsection (a) of this section is intended to meet the mandate of the voting information requirements in section 302(b) of the Help America Vote Act of 2002. (2003-226, s. 8; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-166.8 - Assistance to voters.

§ 163-166.8. Assistance to voters.
(a) Any registered voter qualified to vote in the election shall be entitled to assistance with entering and exiting the voting booth and in preparing ballots in accordance with the following rules:
(1) Any voter is entitled to assistance from the voter's spouse, brother, sister, parent, grandparent, child, grandchild, mother-in-law, father-in-law, daughter-in-law, son-in-law, stepparent, or stepchild, as chosen by the voter.
(2) A voter in any of the following four categories is entitled to assistance from a person of the voter's choice, other than the voter's employer or agent of that employer or an officer or agent of the voter's union:
a. A voter who, on account of physical disability, is unable to enter the voting booth without assistance.
b. A voter who, on account of physical disability, is unable to mark a ballot without assistance.
c. A voter who, on account of illiteracy, is unable to mark a ballot without assistance.
d. A voter who, on account of blindness, is unable to enter the voting booth or mark a ballot without assistance.
(b) A qualified voter seeking assistance in an election shall, upon arriving at the voting place, request permission from the chief judge to have assistance, stating the reasons. If the chief judge determines that such assistance is appropriate, the chief judge shall ask the voter to point out and identify the person the voter desires to provide such assistance. If the identified person meets the criteria in subsection (a) of this section, the chief judge shall request the person indicated to render the assistance. The chief judge, one of the judges, or one of the assistants may provide aid to the voter if so requested, if the election official is not prohibited by subdivision (a) (2) of this section. Under no circumstances shall any precinct official be assigned to assist a voter qualified for assistance, who was not specified by the voter.
(c) A person rendering assistance to a voter in an election shall be admitted to the voting booth with the voter being assisted. The State Board of Elections shall promulgate rules governing voter assistance, and those rules shall adhere to the following guidelines:
(1) The person rendering assistance shall not in any manner seek to persuade or induce any voter to cast any vote in any particular way.
(2) The person rendering assistance shall not make or keep any memorandum of anything which occurs within the voting booth.
(3) The person rendering assistance shall not, directly or indirectly, reveal to any person how the assisted voter marked ballots, unless the person rendering assistance is called upon to testify in a judicial proceeding for a violation of the election laws. (2001-460, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-166.9 - Curbside voting.

§ 163-166.9. Curbside voting.
(a) In any election or referendum, if any qualified voter is able to travel to the voting place, but because of age or physical disability and physical barriers encountered at the voting place is unable to enter the voting enclosure to vote in person without physical assistance, that voter shall be allowed to vote either in the vehicle conveying that voter or in the immediate proximity of the voting place.
(b) Repealed by Session Laws 2018-144, s. 3.1(d), effective December 19, 2018.
(c) The State Board of Elections shall adopt rules for the administration of this section. (2001-460, s. 3; 2013-381, s. 2.6; 2017-6, s. 3; 2018-144, s. 3.1(d); 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-166.10 - Procedures after the close of voting.

§ 163-166.10. Procedures after the close of voting.
The State Board of Elections shall promulgate rules for closing the voting place and delivering voting information to the county board of elections for counting, canvassing, and record maintenance. Those rules shall emphasize the need for the appearance as well as the reality of security, accuracy, participation by representatives of more than one political party, openness of the process to public inspection, and honesty. The rules, at a minimum, shall include procedures to ensure all of the following:
(1) The return and accurate accounting of all official ballots, regular, provisional, voted, unvoted, and spoiled, according to the provisions of Article 15A of this Chapter.
(2) The certification of ballots and voter-authorization documents by precinct officials of more than one political party.
(3) The delivery to the county board of elections of registration documents and information gleaned through the voting process that would be helpful in the accurate maintenance of the voter registration records.
(4) The return to the county board of all issued equipment.
(5) The restoration of the voting place to the condition in which it was found. (2001-460, ss. 3, 3.1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 14A - Voting. › § 163-166.11A - Notation on provisional ballot.

§ 163-166.11A. Notation on provisional ballot.
Whenever a voter is permitted to vote a provisional ballot, the election official issuing the ballot shall annotate in writing or other means on the ballot that it is a provisional ballot. (2013-381, s. 52.1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 15A - Counting Ballots, Canvassing Votes, and Certifying Results in Precinct and County. › § 163-182 - Definitions.

§ 163-182. Definitions.
In addition to the definitions stated below, the definitions set forth in Article 14A of this Chapter also apply to this Article. As used in this Article, the following definitions apply:
(1) "Abstract" means a document signed by the members of the board of elections showing the votes for each candidate and ballot proposal on the official ballot in the election. The abstract shall show a total number of votes for each candidate in each precinct and a total for each candidate in the county. It shall also show the number of votes for each candidate among the absentee official ballots, among the provisional official ballots, and in any other category of official ballots that is not otherwise reported.
(2) "Certificate of election" means a document prepared by the official or body with the legal authority to do so, conferring upon a candidate the right to assume an elective office as a result of being elected to it.
(3) "Composite abstract" means a document signed by the members of the State Board showing the total number of votes for each candidate and ballot proposal and the number of votes in each county. A composite abstract does not include precinct returns.
(4) "Protest" means a complaint concerning the conduct of an election which, if supported by sufficient evidence, may require remedy by one or more of the following:
a. A correction in the returns.
b. A discretionary recount as provided in G.S. 163-182.7.
c. A new election as provided in G.S. 163-182.13. (2001-398, s. 3; 2010-96, ss. 19, 35; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 15A - Counting Ballots, Canvassing Votes, and Certifying Results in Precinct and County. › § 163-182.3 - Responsibility of chief judge.

§ 163-182.3. Responsibility of chief judge.
The chief judge of each precinct shall be responsible for the adherence of the precinct officials to the State Board rules for counting, reporting, and transmitting official ballots. (2001-398, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 15A - Counting Ballots, Canvassing Votes, and Certifying Results in Precinct and County. › § 163-182.4 - Jurisdiction for certain ballot items.

§ 163-182.4. Jurisdiction for certain ballot items.
(a) Jurisdiction of County Board of Elections. – As used in this Part, the county board of elections shall have jurisdiction over the following:
(1) Offices of that county, including clerk of superior court and register of deeds.
(2) Membership in either house of the General Assembly from a district lying entirely within that county.
(3) Offices of municipalities, unless the municipality has a valid board of election.
(4) Referenda in which only residents of that county are eligible to vote.
(b) Jurisdiction of State Board of Elections. – As used in this Article, the State Board of Elections shall have jurisdiction over the following:
(1) National offices.
(2) State offices.
(3) District offices (including General Assembly seats) in which the district lies in more than one county.
(4) Superior court judge, district court judge, and district attorney, regardless of whether the district lies entirely in one county or in more than one county.
(5) Referenda in which residents of more than one county are eligible to vote.
(c) For the purposes of this Article, having jurisdiction shall mean that the appropriate board shall do all of the following with regard to the ballot item:
(1) Canvass for the entire electorate for the ballot item.
(2) Prepare abstracts or composite abstracts for the entire electorate for the ballot item.
(3) Issue certificates of nomination and election. (2001-398, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 15A - Counting Ballots, Canvassing Votes, and Certifying Results in Precinct and County. › § 163-182.5 - Canvassing votes.

§ 163-182.5. Canvassing votes.
(a) The Canvass. – As used in this Article, the term "canvass" means the entire process of determining that the votes have been counted and tabulated correctly, culminating in the authentication of the official election results. The board of elections conducting a canvass has authority to send for papers and persons and to examine them and pass upon the legality of disputed ballots.
(b) Canvassing by County Board of Elections. – The county board of elections shall meet at 11:00 A.M. on the tenth day after every election to complete the canvass of votes cast and to authenticate the count in every ballot item in the county by determining that the votes have been counted and tabulated correctly. If, despite due diligence by election officials, the initial counting of all the votes has not been completed by that time, the county board may hold the canvass meeting a reasonable time thereafter. The canvass meeting shall be at the county board of elections office, unless the county board, by unanimous vote of all its members, designates another site within the county. The county board shall examine the returns from precincts, from absentee official ballots, from the sample hand-to-eye paper ballot counts, and from provisional official ballots and shall conduct the canvass.
(c) Canvassing by State Board of Elections. – After each general election, the State Board of Elections shall meet at 11:00 A.M. on the Tuesday three weeks after election day to complete the canvass of votes cast in all ballot items within the jurisdiction of the State Board of Elections and to authenticate the count in every ballot item in the county by determining that the votes have been counted and tabulated correctly. After each primary, the State Board shall fix the date of its canvass meeting. If, by the time of its scheduled canvass meeting, the State Board has not received the county canvasses, the State Board may adjourn for not more than 10 days to secure the missing abstracts. In obtaining them, the State Board is authorized to secure the originals or copies from the appropriate clerks of superior court or county boards of elections, at the expense of the counties. (2001-398, s. 3; 2003-278, s. 10(a); 2005-323, s. 5(c); 2005-428, s. 11(a); 2016-109, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 15A - Counting Ballots, Canvassing Votes, and Certifying Results in Precinct and County. › § 163-182.6 - Abstracts.

§ 163-182.6. Abstracts.
(a) Abstracts to Be Prepared by County Board of Elections. – As soon as the county canvass has been completed, the county board of elections shall prepare abstracts of all the ballot items in a form prescribed by the State Board of Elections. The county board shall prepare those abstracts in triplicate originals. The county board shall retain one of the triplicate originals, and shall distribute one each to the clerk of superior court for the county and the State Board of Elections. The State Highway Patrol may, upon request of the State Board of Elections, be responsible for the delivery of the abstracts from each county to the State Board of Elections. The State Board of Elections shall forward the original abstract it receives to the Secretary of State.
(b) Composite Abstracts to Be Prepared by the State Board of Elections. – As soon as the State canvass has been completed, the State Board shall prepare composite abstracts of all those ballot items. It shall prepare those composite abstracts in duplicate originals. It shall retain one of the originals and shall send the other original to the Secretary of State.
(c) Duty of the Secretary of State. – The Secretary of State shall maintain the certified copies of abstracts received from the county and State boards of elections. The Secretary shall keep the abstracts in a form readily accessible and useful to the public.
(d) Forms by State Board of Elections. – The State Board of Elections shall prescribe forms for all abstracts. Those forms shall be uniform and shall, at a minimum, state the name of each candidate and the office sought and each referendum proposal, the number of votes cast for each candidate and proposal, the candidate or proposal determined to have prevailed, and a statement authenticating the count. (2001-398, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 15A - Counting Ballots, Canvassing Votes, and Certifying Results in Precinct and County. › § 163-182.7A - Additional provisions for hand-to-eye recounts.

§ 163-182.7A. Additional provisions for hand-to-eye recounts.
(a) The rules promulgated by the State Board of Elections for recounts shall provide that if the initial recount is not hand-to-eye, and if the recount does not reverse the results, the candidate who had originally been entitled to a recount may, within 24 hours of the completion of the first recount, demand a second recount on a hand-to-eye basis in a sample of precincts. If the initial recount was not hand-to-eye and it reversed the results, the candidate who had initially been the winner shall have the same right to ask for a hand-to-eye recount in a sample of precincts.
That sample shall be all the ballots in three percent (3%) of the precincts casting ballots in each county in the jurisdiction of the office, rounded up to the next whole number of precincts. For the purpose of that calculation, each one-stop (early) voting site shall be considered to be a precinct. The precincts to be recounted by a hand-to-eye count shall be chosen at random within each county. If the results of the hand-to-eye recount differ from the previous results within those precincts to the extent that extrapolating the amount of the change to the entire jurisdiction (based on the proportion of ballots recounted to the total votes cast for that office) would result in the reversing of the results, then the State Board of Elections shall order a hand-to-eye recount of the entire jurisdiction in which the election is held. There shall be no cost to the candidate for that recount in the entire jurisdiction.
(b) Recounts under this section shall be governed by rules adopted under G.S. 163-182.7(d).
(c) No complete hand-to-eye recount shall be conducted under this section if one has already been done under another provision of law. (2005-323, s. 6(b); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 15A - Counting Ballots, Canvassing Votes, and Certifying Results in Precinct and County. › § 163-182.8 - Determining result in case of a tie.

§ 163-182.8. Determining result in case of a tie.
If the count, upon completion of canvass by the proper board of elections, shows a tie vote other than in a primary, the tie shall be resolved as follows:
(1) If more than 5,000 voters cast official ballots in the ballot item, the State Board of Elections shall order a new election in which only the candidates or positions tied will be on the official ballot. The State Board of Elections shall set the schedule for publication of the notice, preparation of absentee official ballots, and the other actions necessary to conduct the election. Eligibility to vote in the new election shall be determined by the voter's eligibility at the time of the new election.
(2) If 5,000 or fewer voters cast official ballots in the ballot item, the board of elections with jurisdiction to certify the election shall break the tie by a method of random selection to be determined by the State Board of Elections. (2001-398, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 15A - Counting Ballots, Canvassing Votes, and Certifying Results in Precinct and County. › § 163-182.9 - Filing an election protest.

§ 163-182.9. Filing an election protest.
(a) Who May File a Protest With County Board. – A protest concerning the conduct of an election may be filed with the county board of elections by any registered voter who was eligible to vote in the election or by any person who was a candidate for nomination or election in the election.
(b) How Protest May Be Filed. – The following principles shall apply to the filing of election protests with the county board of elections:
(1) The protest shall be in writing and shall be signed by the protester. It shall include the protester's name, address, and telephone number and a statement that the person is a registered voter in the jurisdiction or a candidate.
(2) The protest shall state whether the protest concerns the manner in which votes were counted and results tabulated or concerns some other irregularity.
(3) The protest shall state what remedy the protester is seeking.
(4) The timing for filing a protest shall be as follows:
a. If the protest concerns the manner in which votes were counted or results tabulated, the protest shall be filed before the beginning of the county board of election's canvass meeting.
b. If the protest concerns the manner in which votes were counted or results tabulated and the protest states good cause for delay in filing, the protest may be filed until 5:00 P.M. on the second business day after the county board of elections has completed its canvass and declared the results.
c. If the protest concerns an irregularity other than vote counting or result tabulation, the protest shall be filed no later than 5:00 P.M. on the second business day after the county board has completed its canvass and declared the results.
d. If the protest concerns an irregularity on a matter other than vote counting or result tabulation and the protest is filed before election day, the protest proceedings shall be stayed, unless a party defending against the protest moves otherwise, until after election day if any one of the following conditions exists:
1. The ballot has been printed.
2. The voter registration deadline for that election has passed.
3. Any of the proceedings will occur within 30 days before election day.
(c) State Board to Prescribe Forms. – The State Board of Elections shall prescribe forms for filing protests. (2001-398, s. 3; 2005-428, s. 4; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 15A - Counting Ballots, Canvassing Votes, and Certifying Results in Precinct and County. › § 163-182.11 - Appeal of a protest decision by the county board to the State Board of Elections.

§ 163-182.11. Appeal of a protest decision by the county board to the State Board of Elections.
(a) Notice and Perfection of Appeal. – The decision by the county board of elections on an election protest may be appealed to the State Board of Elections by any of the following:
(1) The person who filed the protest.
(2) A candidate or elected official adversely affected by the county board's decision.
(3) Any other person who participated in the hearing and has a significant interest adversely affected by the county board's decision.
Written notice of the appeal must be given to the county board within 24 hours after the county board files the written decision at its office. The appeal to the State Board must be in writing. The appeal must be delivered or deposited in the mail, addressed to the State Board, by the appropriate one of the following: (i) the end of the second day after the day the decision was filed by the county board in its office, if the decision concerns a first primary; or (ii) the end of the fifth day after the day the decision was filed in the county board office, if the decision concerns an election other than a first primary.
The State Board shall prescribe forms for filing appeals from the county board.
(b) Consideration of Appeal by State Board. – In its consideration of an appeal from a decision of a county board of elections on a protest, the State Board of Elections may do any of the following:
(1) Decide the appeal on the basis of the record from the county board, as long as the county board has made part of the record a transcript of the evidentiary hearing.
(2) Request the county board or any interested person to supplement the record from the county board, and then decide the appeal on the basis of that supplemented record.
(3) Receive additional evidence and then decide the appeal on the basis of the record and that additional evidence.
(4) Hold its own hearing on the protest and resolve the protest on the basis of that hearing.
(5) Remand the matter to the county board for further proceedings in compliance with an order of the State Board.
The State Board shall follow the procedures set forth in subsections (c) and (d) of G.S. 163-182.10 except where they are clearly inapplicable.
The State Board shall give notice of its decision as required by G.S. 163-182.14, and may notify the county board and other interested persons in its discretion. (2001-398, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
2023 North Carolina General Statutes › Chapter 163 - Elections and Election Laws › Article 15A - Counting Ballots, Canvassing Votes, and Certifying Results in Precinct and County. › § 163-182.12 - Authority of State Board of Elections over protests.

§ 163-182.12. Authority of State Board of Elections over protests.
The State Board of Elections may consider protests that were not filed in compliance with G.S. 163-182.9, may initiate and consider complaints on its own motion, may intervene and take jurisdiction over protests pending before a county board, and may take any other action necessary to assure that an election is determined without taint of fraud or corruption and without irregularities that may have changed the result of an election. Where a known group of voters cast votes that were lost beyond retrieval or where a known group of voters was given an incorrect ballot style, the State Board of Elections may authorize a county board of elections to allow those voters to recast their votes during a period of two weeks after the canvass by the State Board of Elections required in G.S. 163-182.5(c). If there is no State Board canvass after the election, the State Board may authorize the county board to allow the recasting of votes during the two weeks after the county canvass set in G.S. 163-182.5(a). If the State Board approves a recasting of votes under this section, any procedures the county board uses to contact those voters and allow them to recast their votes shall be subject to approval by the State Board. Those recast votes shall be added to the returns and included in the canvass. The recasting of those votes shall not be deemed a new election for purposes of G.S. 163-182.13. (2001-398, s. 3; 2005-428, s. 17; 2007-391, s. 12; 2008-187, s. 33(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)