reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 01 - DEPARTMENTAL RULES › Section 01 .0102-0103

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				G.S.
				163-20;
				163-22;
Eff. March
				12, 1976;
Repealed Eff. June 1,
				1988.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 01 - DEPARTMENTAL RULES › Section 01 .0105 - EXPIRED - MUNICIPAL FINANCING OF ELECTION CAMPAIGNS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				G.S.
				163-278.19;
				163-278.21;
Temporary
				Adoption Eff. July 3, 2003;
Temporary Adoption Expired April 27,
				2004.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 01 - DEPARTMENTAL RULES › Section 01 .0106 - EMERGENCY POWERS OF EXECUTIVE DIRECTOR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
			 exercising his or her emergency powers and determining whether the "normal
			 schedule" for the election has been disrupted in accordance with
			 G.S.
			 163A-750, the Executive Director shall
			 consider whether one or more components of election administration has been
			 impaired. The Executive Director shall consult with State Board members when
			 exercising his or her emergency powers if feasible given the circumstances set
			 forth in this Rule.
(b) For the
			 purposes of
			 G.S.
			 163A-750, the following shall apply:
(1) A natural disaster or extremely inclement
			 weather include a:
(A) Hurricane;
(B) Tornado;
(C) Storm or snowstorm;
(D) Flood;
(E) Tidal wave or tsunami;
(F) Earthquake or volcanic
			 eruption;
(G) Landslide or
			 mudslide; or
(H) Catastrophe
			 arising from natural causes resulted in a disaster declaration by the President
			 of the United States or the Governor.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 02 - ELECTION PROTESTS › Section .0100 - ELECTION PROTESTS › Section 02 .0101-.0108

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  163-22;
				  163-22.1
Eff. March
				  12, 1976;
Amended Eff. November 1, 1984;
Temporary
				  Repeal Eff. April 15, 2002;
Repealed Eff. August 1,
				  2004.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 02 - ELECTION PROTESTS › Section .0100 - ELECTION PROTESTS › Section 02 .0109 - EXPIRED - NO FRIVOLOUS PROTESTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  163-22;
				  163-22.1;
Eff. March
				  12, 1976;
Expired Eff. February 1, 2017 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 02 - ELECTION PROTESTS › Section .0100 - ELECTION PROTESTS › Section 02 .0110 - ACTIONS OF COUNTY BOARD AS TO ELECTION PROTESTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The county board shall deliver any filed election protest, including any
				attachments, to the State Board as follows:
(1) if hand delivered or mailed, within 24
				hours after the election protest is filed;
(2) if faxed, the same day the election
				protest is filed; or
(3) if
				emailed, the same day the election protest is filed.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 02 - ELECTION PROTESTS › Section .0100 - ELECTION PROTESTS › Section 02 .0113 - NEW ELECTIONS ORDERED BY STATE BOARD OF ELECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Eligibility to vote in a new election ordered in accordance with
				G.S.
				163-182.13 shall be governed by
				G.S.
				163-82.6.
(b) The date of any new non-municipal
				election shall be set by the State Board no earlier than 75 days after the date
				of the order for a new election. In the case of a municipal election where
				absentee ballots are allowed, a new election shall not be set earlier than 55
				days after the date of the order for a new election.
(c) If a new primary is ordered by the State
				Board, no person who voted in the initial primary of one party shall be allowed
				to vote in the new primary of another party. County board documentation of the
				voter's participation in the initial primary shall be prima facie evidence
				sufficient to disallow the voter from participating in the primary of another
				party in the new election.
Authority
				  G.S.
				  163-22;
				  163-182.13(c);
Temporary Adoption Eff. April 15, 2002;
Eff. August 1,
				  2004;
Readopted Eff. June 1,
				  2019.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 02 - ELECTION PROTESTS › Section .0100 - ELECTION PROTESTS › Section 02 .0114 - DISMISSAL OF IMPROPER PROTEST FILINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The county board of elections shall dismiss any matter purporting to arise as
				an election protest under
				G.S.
				163-182.9 on the following bases:
(1) The matter fails to contest the manner in
				which votes were counted or results tabulated, or fails to allege a violation
				of election law or irregularity or misconduct sufficient to cast doubt on the
				results of the election;
(2) The
				individual submitting the matter was neither a registered voter eligible to
				participate in the protested contest within the county nor a candidate for
				nomination or election in the protested contest;
(3) The matter was not filed in accordance
				with G.S. 163-182.9 or was not filed
				on the form prescribed in
				08 NCAC
				02 .0111;
(4) The protest is duplicative or was made
				for the purpose of delay;
(5) The
				protest filing, taking into account the totality of the circumstances, fails to
				include evidence which, if true, substantiates the probable occurrence of an
				outcome-determinative defect in the manner in which votes were counted or
				results tabulated, or the probable occurrence of an outcome-determinative
				violation of election law, irregularity, or misconduct; or
(6) The matter, including the initial filing
				and all subsequent oral or written submissions, fails to allege facts
				sufficient to constitute substantial evidence of the occurrence of an
				outcome-determinative violation of election law, irregularity, or misconduct.
The State Board may consider protests in accordance with
				  G.S.
				  163-182.12.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 03 - CHARGES AGAINST COUNTY ELECTION OFFICIALS › Section .0100 - MEMBERS OF COUNTY BOARD OF ELECTIONS › Section 03 .0101 - VOTER COMPLAINTS AGAINST A MEMBER OF A COUNTY BOARD OF ELECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any voter desiring to prefer charges of a
				violation of these Rules or of Chapter 163 of the North Carolina General
				Statutes with the State Board of Elections against a member of any county board
				of elections may do so by filing with the Board a statement, in writing, signed
				and sworn under oath or affirmation of the voter, which statement shall
				contain:
(1) the name, residence address, and
				county of the member against whom the charges are preferred;
(2) a statement of the facts constituting the
				violation alleged, with a reference to the date and place of such misconduct;
				and
(3) the names and addresses, so
				far as may be known to the persons filing the charges, of persons who have
				knowledge or information of the matters referred to in the charges as
				filed.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 03 - CHARGES AGAINST COUNTY ELECTION OFFICIALS › Section .0100 - MEMBERS OF COUNTY BOARD OF ELECTIONS › Section 03 .0102 - CHARGES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon receipt of
				a charge filed against a county board member in accordance with Rule .0101 of
				this Section, the State Board of Elections shall set a hearing if the charges
				preferred includes prima facie evidence of any of the following:
(1) a violation of these Rules or of any
				election law under Chapter 163 of the North Carolina General
				Statutes;
(2) a breach of a duty
				imposed by Chapter 163; or
(3)
				participation in irregularities, incapacity or incompetency to discharge the
				duties of the office.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 03 - CHARGES AGAINST COUNTY ELECTION OFFICIALS › Section .0100 - MEMBERS OF COUNTY BOARD OF ELECTIONS › Section 03 .0103 - HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Before acting on any charges filed in accordance with Rule
				  .0101, the State Board shall hold a hearing. At such hearing the voter
				  preferring such charges shall appear, and present the evidence, including any
				  affidavits, tending to support the charges in accordance with any order of
				  proceedings issued by the Board. All affidavits must be served on the member
				  against whom such charges have been filed in accordance with
				  G.S.
				  1A-1, Rule 5, by the person filing the
				  charges, at least three days before the time set for the hearing
				  thereof.
Authority
				  G.S.
				  163-22(c);
Eff.
				  March 12, 1976;
Readopted Eff. June 1,
				  2019.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 03 - CHARGES AGAINST COUNTY ELECTION OFFICIALS › Section .0100 - MEMBERS OF COUNTY BOARD OF ELECTIONS › Section 03 .0104 - RIGHTS

Current through Register Vol. 39, No. 2, July 15, 2024
The member against whom charges are preferred shall have the
				  right to respond to the charges preferred against him by submitting an
				  affidavit in denial, rebuttal, explanation, or extenuation of the charges, and
				  additional evidence may be presented in accordance with any order of
				  proceedings issued by the Board.
Authority
				  G.S.
				  163-22;
Eff. March 12,
				  1976;
Readopted Eff. June 1,
				  2019.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 03 - CHARGES AGAINST COUNTY ELECTION OFFICIALS › Section .0100 - MEMBERS OF COUNTY BOARD OF ELECTIONS › Section 03 .0105 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The Board's investigation into the charges filed in
				  accordance with Rule .0101 of this Section shall be confined to the charges as
				  filed, but the Board may on its own motion investigate any matter listed in
				  Rule .0102(1) through (3) of this Section upon receiving any additional
				  evidence as the result of investigating or hearing said
				  charges.
Authority
				  G.S.
				  163-22(c);
Eff.
				  March 12, 1976;
Readopted Eff. June 1,
				  2019.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 03 - CHARGES AGAINST COUNTY ELECTION OFFICIALS › Section .0100 - MEMBERS OF COUNTY BOARD OF ELECTIONS › Section 03 .0106 - WITNESSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Either the
				voter or the member may request in writing to the chair of the Board for
				subpoenas for witnesses to be heard orally at the hearing held according to
				Rule .0103 of this Section. The application shall include the following
				information:
(1) the name or names of the
				witnesses;
(2) a statement of one
				page or less of what is expected to be proved by each witness; and
(3) the reason the testimony cannot be
				presented to the Board in the form of an affidavit of such witness or
				witnesses.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 03 - CHARGES AGAINST COUNTY ELECTION OFFICIALS › Section .0200 - PRECINCT ELECTION OFFICIALS › Section 03 .0201 - FILING COMPLAINTS AGAINST A PRECINCT OFFICIAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Any voter may file with the chair of the county board of elections a complaint
				against any precinct election official appointed pursuant to
				G.S.
				163-41. The complaint shall be made in
				writing, signed and sworn under oath or affirmation, and shall include the
				information required by Rule .0101 of this Chapter. The complaint may be made
				on the form available on the State Board's website.
(b) Following the receipt of a complaint
				against a precinct official, the county board of elections shall conduct a
				hearing in the same manner as set forth in Section .0100 of this
				Chapter.
Authority
				  G.S.
				  163-22;
Eff. March 12,
				  1976;
Readopted Eff. June 1,
				  2019.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 03 - CHARGES AGAINST COUNTY ELECTION OFFICIALS › Section .0200 - PRECINCT ELECTION OFFICIALS › Section 03 .0202 - HEARING DATE AND DISPOSITION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Upon the filing of a complaint against a precinct official in accordance with
				Rule .0201 of this Section, the chair of the county board of elections shall
				set the date for the hearing and provide the following information to the State
				Board of Elections within one business day:
(1) a copy of the complaint;
(2) the date and time of the hearing, if
				known;
(3) following the hearing,
				the county board of elections shall provide the Board the final disposition
				made by the county board of elections.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 03 - CHARGES AGAINST COUNTY ELECTION OFFICIALS › Section .0300 - INVESTIGATION AND REPORTS OF CRIMINAL VIOLATION › Section 03 .0301 - SUMMARY INVESTIGATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  163-22;
Eff. March 12,
				  1976;
RRC Objection August 16, 2018 and rule returned to the agency
				  on June 1, 2019.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 03 - CHARGES AGAINST COUNTY ELECTION OFFICIALS › Section .0300 - INVESTIGATION AND REPORTS OF CRIMINAL VIOLATION › Section 03 .0302 - REPORTS OF EVIDENCE OF CRIMINAL VIOLATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  163-22;
Eff. March 12,
				  1976;
RRC Objection August 16, 2018 and rule returned to agency on
				  June 1, 2019.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 04 - VOTING EQUIPMENT › Section .0100 - USE OF MECHANICAL VOTING MACHINES › Section 04 .0101-.0109

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  163-160;
				  163-161;
Eff. March
				  12, 1976;
Temporary Repeal Eff. April 15, 2002;
Repealed Eff. August 1, 2004.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 04 - VOTING EQUIPMENT › Section .0200 - USE OF PUNCH CARD VOTING EQUIPMENT › Section 04 .0201-.0208

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  163-160;
				  163-161;
Eff. March
				  12, 1976;
Temporary Repeal Eff. April 15, 2002;
Repealed Eff. August 1, 2004.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 04 - VOTING EQUIPMENT › Section .0300 - APPROVAL AND OPERATION OF VOTING SYSTEMS › Section 04 .0301 - REQUIREMENTS OF VOTING SYSTEMS

Current through Register Vol. 39, No. 2, July 15, 2024
Any voting system used in any election in North Carolina
				  shall be constructed to fulfill the following requirements:
(1) It shall be designed to reasonably secure
				secrecy of the voter in the act of voting;
(2) It shall enable the voter to vote a
				straight party ticket in a general election;
(3) It shall require the voter to vote for
				the candidates for president and vice-president separately from the straight
				party vote;
(4) It shall provide
				capacity for listing of all nominees of all recognized political parties and
				other lawful candidates;
(5) It
				shall, except in primary elections, permit the voter to vote for all the
				candidates of one party, or in part for the candidates of one or more other
				parties;
(6) It shall permit the
				voter to vote for only as many persons for an office as the voter chooses and
				is lawfully entitled to vote for;
(7) It shall prevent the voter from voting
				for the same persons more than once for the same office;
(8) It shall permit the voter to vote for or
				against only the question(s) the voter may have the right to vote;
(9) It shall permit each voter in a general
				election but not in a primary, to write in the name of persons for whom he
				desires to vote, whose names do not appear upon the ballot, except where
				prohibited by
				G.S.
				163-123 or other statutes;
(10) It shall be equipped for use in primary
				elections so that the voter may vote only in the primary election to which the
				voter is entitled to vote;
(11)
				When properly operated, it shall correctly register or record, and accurately
				count all votes cast for all ballot items;
(12) It shall contain a visible public
				counter that shall show at all times during an election the number of persons
				who have voted;
(13) It shall
				clearly indicate to the voter during the act of voting the ballot items the
				voter has selected;
(14) Vote
				totals for each ballot item shall be contained by a method that is locked and
				concealed at all times during the time the polls are open;
(15) It shall meet current Federal Voting
				System Standards or other applicable Federal Standards;
(16) It shall be suitably designed and
				durably constructed for the conduct of elections; and
(17) It shall be equipped to provide
				retrievable ballots during absentee voting where an absentee voter's ballot is
				linked to that voter for possible retrieval if it becomes necessary to take
				action as to that cast ballot.
Authority
				  G.S.
				  163-22;
				  163-165.7;
Temporary
				  Adoption Eff. April 15, 2002;
Eff. August 1,
				  2004.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 04 - VOTING EQUIPMENT › Section .0300 - APPROVAL AND OPERATION OF VOTING SYSTEMS › Section 04 .0302 - APPROVAL OF VOTING SYSTEMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Before approving a voting system for use in North Carolina, the State Board of
				Elections shall do all of the following:
(1)
				Obtain a current financial statement from the proposed vendor and
				manufacturer's contact information (mail address, telephone and fax numbers,
				email address);
(2) Cause staff to
				review and appraise the voting system;
(3) Witness a demonstration of the voting
				system by the proposed vendor;
(4)
				Obtain a copy of Independent Testing Authority certification as authorized by
				National Association of State Elections Directors or Federal Agency;
(5) Ensure that a copy of the system's source
				code is held in escrow by a third party approved by the State Board of
				Elections for the purpose of taking custody of all source codes, including all
				revisions or modifications of source codes. Proprietary information is not
				subject to North Carolina Public Records laws;
(6) Any discussion of proprietary information
				by the State Board of Elections shall take place in Closed Session as
				authorized by the Open Meetings requirements of North Carolina law;
(7) Ensure performance of system complies
				with North Carolina laws and rules related to voting systems;
(8) Obtain a copy of the manufacturer's
				instructions and maintenance manual;
(9) Obtain a list of all jurisdictions
				currently using the voting system; and
(10) Review any other information made
				available to the Board.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 04 - VOTING EQUIPMENT › Section .0300 - APPROVAL AND OPERATION OF VOTING SYSTEMS › Section 04 .0303 - EXPIRED - OFFICIAL BALLOT(S) TO BE USED ON VOTING SYSTEM

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  163-22;
				  163-165.6;
Temporary
				  Adoption Eff. April 15, 2002;
Eff. August 1, 2004;
Expired Eff. February 1, 2017 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 04 - VOTING EQUIPMENT › Section .0300 - APPROVAL AND OPERATION OF VOTING SYSTEMS › Section 04 .0304 - OPERATION AND MATTER OF VOTING ON VOTING SYSTEMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Prior to the opening of the polls, the
				precinct officials shall open the voting system and examine the ballot for
				accuracy and examine the counters or other method to determine there is a zero
				balance. Any persons interested in viewing this procedure may observe but shall
				not interfere or impede the process. If the system prints a zero tape or other
				paper document, the document shall be maintained and secured in the manner
				prescribed by the manufacturer and the county board of elections.
(b) The voter shall follow the instructions
				contained on the voting system. Only official ballots shall be introduced into
				the voting system. Spoiled or damaged ballots shall not be introduced into the
				voting system. If a voter improperly marks or damages a ballot, it shall be
				returned to the precinct official, marked as spoiled and maintained as
				specified by the county board of elections. The voter may not receive a
				replacement ballot until the spoiled or damaged ballot is returned to the
				precinct official. The voter shall not be given more than three replacement
				ballots.
(c) Except as provided for
				curbside voting in
				G.S.
				163-166.9, official ballots shall not leave
				the voting enclosure during the time that voting is being conducted
				there.
Authority
				  G.S.
				  163-22;
				  163-165.7;
Temporary
				  Adoption Eff. April 15, 2002;
Eff. August 1, 2004;
Readopted Eff. June 1, 2019.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 04 - VOTING EQUIPMENT › Section .0300 - APPROVAL AND OPERATION OF VOTING SYSTEMS › Section 04 .0305 - INSTRUCTION OF PRECINCT OFFICIALS AND VOTERS IN THE USE OF VOTING SYSTEMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The chair of the county board of
				elections in a county where a voting system is used shall conduct an
				instructional meeting before any primary or election to instruct the precinct
				officials in the use of the voting system. The chair may use any persons deemed
				knowledgeable or useful to the instruction of the precinct officials. The
				instructions on the use and operation of the voting system shall be according
				to manufacturer's instructions furnished with the voting system, whether the
				system is purchased or leased by the county board of elections. The training
				shall be sufficient such that the precinct officials shall be qualified to
				instruct the voters on the use of the voting system.
(b) The chair of the county board of
				elections shall not permit a voting system to be used in any precinct in any
				election unless the chair is satisfied that the precinct officials of the
				precinct have learned to use and operate the system in accordance with the
				manufacturer's instructions. The county board of elections may require that
				precinct officials receive additional instruction on the use and operation of
				voting systems.
(c) A voter may
				request instruction for the proper use of the voting system from a precinct
				official. The precinct official shall provide such technical instruction to the
				voter but shall not seek to influence or intimidate the voter in any
				manner.
Authority
				  G.S.
				  163-22;
				  163-165.7;
Temporary
				  Adoption Eff. April 15, 2002;
Eff. August 1, 2004;
Readopted Eff. June 1, 2019.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 04 - VOTING EQUIPMENT › Section .0300 - APPROVAL AND OPERATION OF VOTING SYSTEMS › Section 04 .0306 - DUTIES OF CUSTODIANS OF VOTING SYSTEMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The chair of the county board of elections shall be responsible for the
				safekeeping, storage, maintenance and care of the voting system. The voting
				system shall be stored in a location such that access is restricted to county
				board of elections staff and the system cannot be tampered with when not in use
				on election day. The county board of elections may appoint as many persons as
				determined necessary for the maintenance, storage and care of the voting system
				and for the preparation and testing of the voting system and delivery to the
				voting precincts preceding a primary or an election. Persons employed for this
				purpose shall be compensated for their services as authorized by the county
				board of elections.
(b) On election
				day when the system is used for voting purposes and until the chair of the
				county board collects the system, the voting system shall be under the
				supervision and control of the chief judge unless the county board of elections
				authorizes another elections official to have supervision and
				control.
Authority
				  G.S.
				  163-23;
				  163-165.7;
Temporary
				  Adoption Eff. April 15, 2002;
Eff. August 1, 2004;
Readopted Eff. June 1, 2019.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 04 - VOTING EQUIPMENT › Section .0300 - APPROVAL AND OPERATION OF VOTING SYSTEMS › Section 04 .0307 - TESTING OF VOTING SYSTEM BEFORE USE IN AN ELECTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The county board of elections shall test, or supervise the testing, of each
				voting system or unit that will be used in the election to ensure that the
				system is operational and has been programmed to count votes accurately. For
				the purpose of this Rule, "accurately" means in accordance with the procedures
				for Logic and Accuracy Testing as outlined in the North Carolina State Topical
				Elections Processes and Procedures (STEPPS) manual. There shall be a record
				maintained along with the voted and unvoted ballots at the county board of
				elections office that shall include, at a minimum, the following information:
(1) the dates, times and method of testing
				used;
(2) the results of the test;
				and
(3) the names of the persons
				conducting the test.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 04 - VOTING EQUIPMENT › Section .0300 - APPROVAL AND OPERATION OF VOTING SYSTEMS › Section 04 .0308 - AUTHORIZED ACCESS TO VOTING SYSTEM INFORMATION IN ESCROW

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Subject to
				the provisions of this Rule, upon written request from a person or entity
				authorized under G.S. 163-165.7(a)(6) to a vendor of a certified voting system
				in this state, the vendor shall make available for review and examination any
				information placed in escrow under G.S. 163-165.9A to an authorized person. The
				person or entity making the request shall simultaneously provide a copy of the
				request to the State Board. Any request from the State chairs of a political
				party recognized under G.S. 163-96 shall be made no later than 90 days before
				the start of early voting in the state. This Rule does not address or restrict
				the pre-certification review of a vendor's source code under G.S.
				163-165.7(e).
(b) Authorized
				Persons. Only authorized persons may review and examine the information placed
				in escrow by a voting system vendor. For the purpose of this Rule, "authorized
				person" means a person who:
(1) Is an agent:
(A) designated by majority vote in a public
				meeting by the State Board or a purchasing county's board of
				commissioners;
(B) designated in
				writing by the chair of a political party recognized under G.S. 163-96;
				or
(C) designated in writing by the
				Secretary of Department of Information Technology. No more than three people
				may be designated by an authorized entity under G.S. 163-165.7(f)(9);
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 04 - VOTING EQUIPMENT › Section .0400 - APPROVAL OF ELECTRONIC POLL BOOKS › Section 04 .0402 - PROCEDURES FOR CERTIFICATION OF ELECTRONIC POLL BOOKS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Before
				certifying an electronic poll book for use in North Carolina, the State Board
				shall do the following:
(1) Evaluate the
				electronic poll book for compliance with North Carolina laws and rules related
				to electronic poll books.
(2)
				Examine an electronic poll book's system functions, operational procedures,
				user guides and maintenance manuals, certification reports from other states,
				reviews from product users, and any other documentation provided by the
				vendor.
(3) Test the electronic
				poll book for its ability to meet the requirements in Rule .0401 of this
				Chapter.
(4) Obtain from the
				proposed vendor a current financial statement and the manufacturer's contact
				information.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 05 - MODIFIED FULL TIME REGISTRATION SYSTEM › Section 05 .0101-.0110 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				G.S.
				163-67(a),(b);
Eff. March 12, 1976;
Expired Eff. February 1, 2017 pursuant to
				G.S.
				150B-21.3A.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 05 - MODIFIED FULL TIME REGISTRATION SYSTEM › Section 05 .0111 - MODIFIED FULL-TIME OFFICES

Current through Register Vol. 39, No. 2, July 15, 2024
County board of elections offices in counties with fewer than
				6,501 registered voters may operate office hours on Mondays, Wednesdays, and
				Fridays upon approval of the county board of elections. For the purposes of
				this Rule, office hours means hours consistent with the hours observed by
				county government of that county.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 06 - PARTISAN ELECTIONS › Subchapter A - METHOD OF COUNTING VOTES CAST IN ALL PARTISAN ELECTIONS UNTIL MARCH 1, 1985 › Section 06A .0101-0103

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
				  Rule Eff. July 31, 1984, for a period of 120 days to expire on November 28,
				  1984;
Authority G.S. 1099, Session Laws of 1983 (Regular Session,
				  1984);
Eff. November 1, 1984;
Repealed Eff. June 1,
				  1988;
Recodified from
				  08 NCAC
				  06 to
				  08 NCAC
				  06A Eff. April 15,
				  2002.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 06 - PARTISAN ELECTIONS › Subchapter B - BALLOTS › Section 06B .0101-.0102 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  163-22;
				  163-165.3;
				  163-165.4;
Temporary
				  Adoption Eff. April 15, 2002;
Eff. August 1, 2004;
Expired Eff. February 1, 2017 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 06 - PARTISAN ELECTIONS › Subchapter B - BALLOTS › Section 06B .0103 - ARRANGEMENT OF OFFICIAL BALLOTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				After the close of the filing period, the State Board of Elections shall
				certify to the county boards of elections the order of the offices and
				candidate names to be voted on the official ballot. The State Board of
				Elections shall provide the text and arrangement of referenda to be voted on
				the official ballot.
(b) The order
				of precedence for ballot items shall be as follows:
(1) Federal Offices:
(A) President and Vice President of the
				United States
(B) US
				Senate
(C) US House of
				Representatives
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 06 - PARTISAN ELECTIONS › Subchapter B - BALLOTS › Section 06B .0104 - LATE CHANGES IN BALLOTS

Current through Register Vol. 39, No. 2, July 15, 2024
After the official ballots for a general or special election
				  have been printed and the absentee voting period has begun, the death,
				  resignation, or disqualification of a candidate whose name appears on the
				  official ballots shall not require that the ballots be reprinted. If the
				  vacancy occurs before the absentee voting period begins, the responsible county
				  board of elections, or State Board of Elections if the contests spans more than
				  one county, may determine whether it is practical to have the ballots reprinted
				  with the name of the replacement nominee as authorized by
				  G.S.
				  163-114. If the ballots are not reprinted, a
				  vote cast for the candidate whose name is printed on the ballot shall be
				  counted as a vote for the replacement nominee.
Authority
				  G.S.
				  163-22;
				  163-165.3;
Temporary
				  Adoption Eff. April 15, 2002;
Eff. August 1, 2004;
Readopted Eff. June 1, 2019.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 06 - PARTISAN ELECTIONS › Subchapter B - BALLOTS › Section 06B .0105 - COUNTING OF OFFICIAL BALLOTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Following the close of the polls the official ballots shall be counted in
				accordance with
				G.S.
				163-182.1(a). Precinct
				officials shall follow the procedures specified by the voting system
				manufacturer and in compliance with
				G.S.
				163-182.1 and
				163-182.2. The counting of the
				ballots shall be completed in the presence of the precinct election officials,
				observers, and any persons desiring to observe the count. All official ballots
				shall be counted at the precinct unless authorized by the State Board of
				Elections.
(b) The counting of the
				ballots at the precinct shall be continuous until completed. From the time the
				counting of the ballots is begun until the votes are counted and the requisite
				documentation, including results tapes, is signed, certified as required, and
				delivered to the chief judge or judge chosen to deliver the documentation to
				the county board of elections, the precinct chief judge and judges shall not
				separate, nor shall any of them leave the voting place except for unavoidable
				necessity, in which case the chief judge or judge who left the polling place
				shall not be permitted to return to the polling place. Unavoidable necessity
				means an emergency as determined by the departing precinct official.
(d) When the counting is completed the chief
				judge or his or her designee shall verbally announce the results at the
				precinct. The announcement of the results shall state the results are
				unofficial. The unofficial results shall be transmitted to the county board of
				elections in the manner determined by the county board of elections and the
				voting system. This report shall be unofficial and shall have no binding effect
				upon the official county canvass to follow. As soon as the precinct reports are
				received, the chair, secretary or designee shall publish the unofficial reports
				to the news media.
(e) Provisional
				official ballots shall be counted by the county board of elections before the
				canvass. If the county board finds that an individual voting a provisional
				official ballot is not eligible to vote in one or more ballot items on the
				official ballot, the board shall not count the official ballot in those ballot
				items, but shall count the official ballot in any ballot items for which the
				individual is eligible to vote.
Authority
				  G.S.
				  163-22;
				  163-47(a);
				  163-182.1;
				  163-182.2;
Temporary
				  Adoption Eff. April 15, 2002;
Eff. August 1, 2004;
Readopted Eff. June 1, 2019.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 07 - FAXING AND ELECTRONIC TRANSFER OF VOTING INFORMATION › Subchapter A - FILING OF NOTICE OF CANDIDACY FOR OFFICE OF SUPERIOR COURT JUDGE › Section 07A .0101-.0102

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
				  Repeal Eff. May 1, 1986 for a period of 120 days to expire on August 29, 1986
				  subject to preclearance pursuant to 42 U.S.C. Sec. 1973c.;
Filed as
				  a Temporary Rule Eff. January 6, 1986, for a period of 107 days, to expire on
				  April 22, 1986;
Authority
				  G.S.
				  163-22(a);
				  163-22.2;
Eff. April
				  1, 1986;
Repealed Eff. June 1, 1988;
Recodified from
				  08 NCAC
				  07 to
				  08 NCAC
				  07A Eff. April 15,
				  2002
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 07 - FAXING AND ELECTRONIC TRANSFER OF VOTING INFORMATION › Subchapter A - FILING OF NOTICE OF CANDIDACY FOR OFFICE OF SUPERIOR COURT JUDGE › Section 07A .0103 - EXPIRED - FILINGS IN CERTAIN DISTRICTS

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
				  Rule Eff. May 1, 1986 for a period of 120 days, to expire on August 29, 1986;
				  subject to preclearance pursuant to
				  42 U.S.C.
				  1973c;
Statutory Authority
				  G.S.
				  163-22(a);
				  163-22.2;
Expired
				  Eff. August 29, 1986;
Recodified from
				  08 NCAC
				  07 to
				  08 NCAC
				  07A Eff. April 15,
				  2002.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 07 - FAXING AND ELECTRONIC TRANSFER OF VOTING INFORMATION › Subchapter A - FILING OF NOTICE OF CANDIDACY FOR OFFICE OF SUPERIOR COURT JUDGE › Section 07A .0104 - EXPIRED - METHOD OF FILING

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
				  Rule Eff. May 1, 1986 for a period of 120 days, to expire on August 29, 1986;
				  subject to preclearance pursuant to
				  42 U.S.C.
				  1973c;
Statutory Authority
				  G.S.
				  163-22(a);
				  163-22.2;
Expired
				  Eff. August 29, 1986;
Recodified from
				  08 NCAC
				  07 to
				  08 NCAC
				  07A Eff. April 15,
				  2002.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 07 - FAXING AND ELECTRONIC TRANSFER OF VOTING INFORMATION › Subchapter A - FILING OF NOTICE OF CANDIDACY FOR OFFICE OF SUPERIOR COURT JUDGE › Section 07A .0105 - EXPIRED - DETERMINING NOMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
				  Rule Eff. May 1, 1986 for a period of 120 days, to expire on August 29, 1986;
				  subject to preclearance pursuant to
				  42 U.S.C.
				  1973c;
Statutory Authority
				  G.S.
				  163-22(a);
				  163-22.2;
Expired
				  Eff. August 29, 1986;
Recodified from
				  08 NCAC
				  07 to
				  08 NCAC
				  07A Eff. April 15,
				  2002.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 07 - FAXING AND ELECTRONIC TRANSFER OF VOTING INFORMATION › Subchapter A - FILING OF NOTICE OF CANDIDACY FOR OFFICE OF SUPERIOR COURT JUDGE › Section 07A .0106 - EXPIRED - METHOD OF NOMINATION AND ELECTION

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
				  Rule Eff. May 1, 1986 for a period of 120 days, to expire on August 29, 1986;
				  subject to preclearance pursuant to
				  42 U.S.C.
				  1973c;
Statutory Authority
				  G.S.
				  163-22(a);
				  163-22.2;
Expired
				  Eff. August 29, 1986;
Recodified from
				  08 NCAC
				  07 to
				  08 NCAC
				  07A Eff. April 15,
				  2002.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 07 - FAXING AND ELECTRONIC TRANSFER OF VOTING INFORMATION › Subchapter B - SUBMITTING AND ACCEPTING VOTER INFORMATION BY FAX › Section 07B .0101-.0102 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  163-22;
				  163-82.6;
				  163-82.15;
Temporary
				  Adoption Eff. April 15, 2002;
Eff. August 1, 2004;
Expired Eff. February 1, 2017 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 08 - THE VOTING ACCESSIBILITY FOR THE ELDERLY AND HANDICAPPED ACT › Section 08 .0101-.0102 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				P.L.
				98-435; S.L. 1985, c. 4, (Extra Session
				1986);
Eff. March 24, 1986;
Expired Eff. February 1,
				2017 pursuant to
				G.S.
				150B-21.3A.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 08 - THE VOTING ACCESSIBILITY FOR THE ELDERLY AND HANDICAPPED ACT › Section 08 .0103 - EXPIRED - CURBSIDE VOTING HOURS EXTENDED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				P.L.
				98-435; S.L. 1985, c. 4, (Extra Session
				1986);
Eff. April 9, 1986;
Expired Eff. February 1,
				2017 pursuant to
				G.S.
				150B-21.3A.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 08 - THE VOTING ACCESSIBILITY FOR THE ELDERLY AND HANDICAPPED ACT › Section 08 .0104 - HANDICAPPED TRANSFER PRIOR TO ELECTION DAY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				G.S.
				163-69.2;
Temporary Rule Eff.
				April 18, 1988 for a period of 136 days to expire on August 31,
				1988;
ARRC Objection May 19, 1988;
Eff. October 1,
				1988;
RRC Objection August 16, 2018 and rule returned to the agency
				on June 1, 2019..
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 09 - CONDUCT OF VOTE RECOUNTS BY COUNTY BOARDS OF ELECTIONS › Section 09 .0101-.0105 - EXPIRED - REPEALED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				G.S.
				163-179.1;
				163-192.1;
ARRC
				Objection May 19, 1988;
Temporary Rule Eff. April 18, 1988 for a
				period of 136 days to expire on August 31, 1988;
Expired Eff.
				August 31, 1988;
Eff. October 1, 1988;
Temporary Repeal
				Eff. April 15, 2002;
Repealed Eff. August 1,
				2004.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 09 - CONDUCT OF VOTE RECOUNTS BY COUNTY BOARDS OF ELECTIONS › Section 09 .0107 - FIRST RECOUNT

Current through Register Vol. 39, No. 2, July 15, 2024
In the first recount conducted by the county board of elections
				in accordance with
				G.S.
				163-182.7, all ballots that were originally
				counted shall be counted again by machine. All ballots that are rejected for
				tabulation purposes by the machines shall be recounted by a bi-partisan team of
				four in accordance with
				08 NCAC
				09. 0106(d) or duplicated and counted by
				machine. Ballots accepted by the machines shall not be counted by hand,
				regardless of whether the ballot is marked, contains overvotes, or is
				blank.
Authority
				G.S.
				163-22;
				163-182.7;
Temporary
				Adoption Eff. April 15, 2002;
Eff. August 1, 2004;
Readopted Eff. June 1, 2019;
Amended Eff. September 1,
				2021.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 09 - CONDUCT OF VOTE RECOUNTS BY COUNTY BOARDS OF ELECTIONS › Section 09 .0108 - REPEALED - RECOUNT OF DIRECT RECORD ELECTRONIC VOTING MACHINES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				G.S.
				163-22;
				163-182.7;
Temporary
				Adoption Eff. April 15, 2002;
Eff. August 1, 2004;
Readopted Eff. June 1, 2019;
Repealed Eff. September 1,
				2021.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 09 - CONDUCT OF VOTE RECOUNTS BY COUNTY BOARDS OF ELECTIONS › Section 09 .0109 - GUIDELINES FOR DETERMINING VOTER INTENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As
			 provided in
			 G.S.
			 163-182.1(a), voter intent
			 is the governing standard when questions arise about how to adjudicate markings
			 on a ballot. Questions about voter intent may arise during a hand-to-eye
			 recount if a voter marks the ballot in an inappropriate manner, places marks in
			 the wrong location on the ballot, or otherwise marks the ballot in a manner
			 that causes the voter's choice to be in dispute. Determinations of voter intent
			 shall be made by the county board. If the bipartisan team of four provided for
			 in 08
			 NCAC 09 .0106(d) encounters
			 a ballot that cannot be clearly identified as a vote for one candidate or
			 another, the ballot must be set aside. During a hand-to-eye audit or recount,
			 all ballots with a potential overvote or undervote shall be adjudicated by the
			 county board at the conclusion of the tallying by the bipartisan team. If the
			 subject to the recount was left blank-meaning there are no marks in the target
			 or candidate area for the contest-the county board shall not need to determine
			 voter intent and the ballot shall not be counted for any candidate in that
			 contest.
(b) For purposes of this
			 Rule, the following definitions apply:
(1)
			 "Target area" is the square or oval next to the candidate's name on the printed
			 ballot.
(2) "Candidate area" is the
			 area between the lines separating candidate names, or the area that is clearly
			 closer to one candidate's name than another, and includes the candidate's name
			 and party affiliation, if listed.
North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 10 - BALLOT ROTATION RULES FOR PRIMARY ELECTION BALLOTS › Subchapter A - GENERAL BALLOT ROTATION RULES FOR PRIMARY ELECTION BALLOTS › Section 10A .0101-.0106 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  163-22;
				  163-140(c)(3);
				  163-160;
				  163-160.1;
Temporary
				  Adoption Eff. May 1, 2000;
Temporary Adoption Expired on December
				  10, 2000;
Recodified from
				  08 NCAC
				  10 to
				  08 NCAC
				  10A Eff. April 15,
				  2002.
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 .0102 - SETTING UP POLLING PLACE PRIOR TO VOTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The Chief Judge, Judges, and Assistants shall arrive at the voting place no
				later than 6:00 a.m. on the day of the election.
(b) The Chief Judge shall administer the oath
				to Judges and Assistants who have not taken the oaths required by
				G.S.
				163-41 or
				G.S.
				163-42.
(c) The Chief Judge shall assign tasks
				regarding the setup of the polling place to ensure the participation of judges
				and assistants of each represented party. At least one official shall be
				directed by the Chief Judge to manage curbside voting and facilitate the
				process for voters with special needs.
(d) The Chief Judge or designated official
				shall ensure that the telephone or other device required by
				08 NCAC
				10B .0109(b) is
				working.
(e) The members of the
				County Board of Elections shall ensure the following:
(1) each voting system is delivered to the
				voting place and placed in the custody of the Chief Judge or designated
				official within three days before the election with the ballot labels or other
				precinct designation already in place on each unit;
(2) keys and other security devices necessary
				for the operation of the voting system are delivered to the Chief
				Judge;
(3) a board member or
				employee of the County Board of Elections and the Chief Judge or designated
				official shall confirm the keys and other security devices are provided to the
				Chief Judge;
(4) all numbers
				stamped on the keys and security devices should correspond to the number of the
				voting units;
(5) a board member or
				employee of the County Board of Elections and the Chief Judge or designated
				official shall ensure that the ballots are in position and that no votes have
				been cast or recorded on any unit, and that the units are operating according
				to manufacturer specifications;
(6)
				voting tabulating units shall be locked and sealed (or otherwise secured in the
				manner recommended by the manufacturer) and shall remain that way until the
				polls are closed; and
(7) keys and
				other security devices are kept in a location that cannot be accessed by anyone
				other than election officials.