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 .0103 - VOTING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) From the time
				the polls are opened on Election Day until the precinct count has been
				completed, the returns signed, and the results declared, no person shall take
				or remove from the voting enclosure election supplies and materials, including
				official ballots, containers of official ballots, provisional official ballots,
				spoiled ballots, the pollbook or voter authorization slips, the registration
				records or any voting units or devices that are part of the voting system,
				except as authorized by
				G.S.
				163-166.9 or
				08 NCAC
				10B .0108 to accommodate curbside voters.
				Provisions for removal of election supplies and materials at any time are
				permissible under the emergency management plan of a county board of elections
				in the cases of natural or man-made emergencies, pursuant to
				08 NCAC
				10B .0106.
(b) A person seeking to vote shall enter the
				voting enclosure at the voting place through the designated entrance and shall
				communicate the person's name and place of residence to one of the election
				officials. The election official may prompt the voter to provide this
				information. In a primary election, the voter shall also state the political
				party with which the voter affiliates and in whose primary the voter desires to
				vote, or if the voter is an unaffiliated voter permitted to vote in the primary
				of a particular party, the voter shall state the name of the authorizing
				political party in whose primary the voter wishes to vote. Unaffiliated voter
				participation in party primaries is subject to authorization by the respective
				State party executive committees pursuant to
				G.S.
				163-119. Unaffiliated voters who are
				otherwise qualified may always participate in non-partisan primaries. This
				information, including the political party's primary in which the voter elected
				to participate, provided by the voter shall be recorded in the precinct
				pollbook or on the voter authorization slip. The election official to whom the
				voter gives this information shall announce the name and residence of the voter
				so that the information may be heard by other officials and observers. After
				examining the precinct registration records, the election official shall state
				whether the person seeking to vote is registered. The election official shall
				not presume the name, address, or party affiliation of any person seeking to
				vote.
(c) If the person is found to
				be registered and is not challenged pursuant to
				G.S.
				163-87 or if the challenge is overruled
				pursuant to
				G.S.
				163-88(a), the election
				official shall provide the voter with each official ballot the voter is
				entitled to vote. In a primary election the voter shall be allowed to vote the
				political party ballots the voter is entitled to vote and no others.
				Unaffiliated voters may choose to participate in only one party's primary and
				no others in the same election, or they may choose to vote a nonpartisan
				ballot. In the case of a second primary, unaffiliated voters who participated
				in a party's primary in the first primary may only vote that party's ballot in
				the second primary. However, if an unaffiliated voter did not participate in
				the first primary, the voter may choose which party's primary to participate in
				during the second primary.
(d) No
				person shall be denied the option to vote a provisional ballot. Reasons a
				person may vote a provisional ballot include that the person:
(1) is a registered voter in the county and
				has moved into the precinct 30 days or more prior to the election and has not
				reported the change to the board of elections;
(2) claims to have applied for voter
				registration in the county but there is no record of the person's name on the
				registration records;
(3) was
				removed from the list, but the person maintains eligibility to vote within the
				county;
(4) disputes the ballot
				style to which the person has been assigned; or
(5) on Election Day the person is found not
				to be registered to vote in the precinct and the responsible election official
				learns from the person that the person resides in a different precinct. In this
				case, the responsible election official shall inform the person that the person
				may vote a provisional ballot at the precinct or may go to the proper precinct
				under G.S. 163-55,
				G.S.
				163-57, and
				G.S.
				163-82.15(e).