North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 10 - BALLOT ROTATION RULES FOR PRIMARY ELECTION BALLOTS › Subchapter B - VOTING, VOTING PLACES AND PRECINCT OFFICIALS' DUTIES AND TASKS › Section 10B .0101 - TASKS AND DUTIES OF PRECINCT OFFICIALS AT VOTING PLACES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For purposes of this Chapter, unless
				otherwise noted, the term "precinct officials" shall mean chief judge, precinct
				judge, assistants, emergency election-day assistants, and ballot
				counters.
(b) Tasks of Precinct
				Chief Judge - Precinct Chief Judges, in accordance with election statutes,
				within the Rules of the State Board of Elections, and under the supervision of
				the county board of elections, shall have the following tasks to perform as to
				each primary or election:
(1) attend an
				instructional meeting presented by the county board of elections prior to each
				primary or election as required by
				G.S.
				163-46;
(2) upon learning that any parent, spouse,
				child, or sibling of the Precinct Chief Judge has filed for elective office,
				inform the county board of elections so that the county board of elections may
				disqualify the Precinct Chief Judge under
				G.S.
				163-41.1(b) for the specific
				primary or election involved;
(3)
				upon learning that any parent, parent in-law, spouse, child, child in-law,
				sibling, or sibling in-law of the Precinct Chief Judge has been appointed to
				serve in the same precinct, inform the county board of elections so that the
				county board of elections may appoint an emergency election-day
				assistant;
(4) receive and review
				the signed list of the appointed observers as provided in
				G.S.
				163-45;
(5) receive and post a sample ballot in the
				voting place as provided in
				G.S.
				163-165.2;
(6) notify the county board of elections of
				any sickness, emergency, or other circumstances that will or might prevent the
				person from performing as precinct chief judge on a primary or election
				day;
(7) receive, prior to the day
				of the primary or election, from the county board of elections any security
				keys or codes as to any voting systems or units that are to be operated at the
				precinct;
(8) prior to the opening
				of the polls, administer to any precinct official, not previously sworn, the
				oath of office as set out in
				G.S.
				163-41;
(9) prior to the opening of the polls, ensure
				the technology and connectivity requirements of
				08 NCAC
				10B .0109(b) are
				met;
(10) if at the time of opening
				the voting place, a judge has not appeared, appoint another person to act as
				precinct judge until the chair of the county board of elections appoints a
				replacement as set out in
				G.S.
				163-41;
(11) be present at the voting place at 6:00
				a.m., and ensure the opening of the polls at 6:30 a.m. as mandated by
				G.S.
				163-166 and
				08 NCAC
				10B .0102;
(12) respond to any voter's request to have
				assistance to vote as set out in the provisions of
				G.S.
				163-166.8(b);
(13) ensure the continued arrangement of the
				voting enclosure as required in
				G.S.
				163-166.2;
(14) supervise the closing of the voting
				place at 7:30 p.m. in compliance with procedures set out in
				G.S.
				163-166.10 and
				08 NCAC
				10B .0105;
(15) handle challenges made on election or
				primary day in accordance with
				G.S.
				163-87, and conduct the hearing upon said
				challenge in accordance with
				G.S.
				163-88;
(16) be responsible, as mandated by
				G.S.
				163-182.3, for adherence to all rules
				pertaining to counting, reporting, and transmitting official ballots under
				08 NCAC
				10B .0105 and
				10B .0106;
(17) ensure the maintenance of and appearance
				of efficient, impartial, and honest election administration at the precinct as
				required by
				G.S.
				163-166.5(3);
(18) monitor the grounds around the voting
				place to ensure compliance with the limitation on activity in the buffer zone
				under G.S.
				163-166.4(a);
(19) ensure peace and good order at the
				voting place as required by
				G.S.
				163-48. Examples of peace and good order
				include:
(A) keeping open and unobstructed the
				place at which voters or persons seeking to register or vote have access to the
				place of registration and voting;
(B) preventing and stopping attempts to
				obstruct, intimidate, or interfere with any person in registering or
				voting;
(C) protecting challengers
				and witnesses against molestation and violence in the performance of their
				duties; and
(D) ejecting from the
				place of registration or voting any challenger or witness for violation of any
				provisions of the election laws or rules.
(20) ensure that voters are able to cast
				their votes in dignity, good order, impartiality, convenience, and privacy as
				required in
				G.S.
				163-166.7(c) and
				08 NCAC
				10B .0101;
(21) if needed, check or assist in checking
				the registration of voters at the voting place;
(22) if ballot counters are authorized by the
				county board of elections under
				G.S.
				163-43, receive the list of counters from the
				county board, or appoint counters if authorized to do so by the county board.
				Prior to a ballot counter performing duties and tasks, administer the oath
				required by
				G.S.
				163-43. Report to the county board of
				elections the names and addresses of any ballot counters to the county board at
				the county canvass as set out in
				G.S.
				163-43.
(23) perform the required legal duties of
				chief precinct judge/judge or face criminal consequences as set out in
				G.S.
				163-274(1); and
(24) not accept money from candidates, commit
				fraud, false statements, or false writings in performing election duties, or
				face the criminal consequences set out in
				G.S.
				163-275(3)(8)(9) and (12).
Where the precinct chief judge does not have the exclusive
				  statutory mandate to perform a task or duty, a precinct judge may be designated
				  to perform such task or duty.