North Carolina Recount Laws

This information was initially released on October 21, 2010.

Voting System Used: 

Mixed paper ballot and DREs with VVPAT For more details, visit Verified Voting.

 

Counting Method: 

Required hand count of a sample of ballots in addition to other counting methods Mix of recount, retabulation and electronic review Recount procedure and instructions regarding counting methods can be found in the North Carolina Administrative Code, Title 8, “Elections,” Chapter 9, “Conduct of Vote Recounts by County Boards of Elections”: http://tinyurl.com/NCAdminCodeCh9. The Code requires a hand count of a percentage of a sample of precincts. All other votes are to be counted on the same equipment used for the initial count. This means that paper ballots cast on optical scan machines are retabulated, while votes cast on direct-recording electronic machines (DREs) are electronically reviewed. See the following rules: Rule 09 .0109, “Manual Hand to Eye Recounts”: http://tinyurl.com/NCAdminCode09-0109. Rule 09.0107, “Recount of Optical Scan/Marksense/Punchcard Ballots”: http://tinyurl.com/NCAdminCode09-0107. Rule 09.0108, “Direct Record Electronic and Lever Voting Machines”: http://tinyurl.com/NCAdminCode09-0108. If the retabulation or electronic review differs from the hand recount, the apparent defeated candidate has the right to request that all votes be recounted by hand. Similarly, candidates may request a hand recount if the retabulation or review alters the outcome of the election. See Rule 09.0106, “General Guidelines,” Subsection (h): http://tinyurl.com/NCAdminCode09-0106. See also the North Carolina General Statutes, Chapter 163, Elections and Election Laws, Article 15A, Section 163-182.7A, “Additional provisions for hand-to-eye recounts”: http://tinyurl.com/NC163-182-7A. For DRE machines only, the law specifically states that a hand recount is not available if a voting machine error occurs. See Rule 09.0108, “Direct Record Electronic and Lever Voting Machines,” Subsection (c): http://tinyurl.com/NCAdminCode09-0108.

Initiating Mechanism: 

Candidate-initiated Election official-initiated Election Official-Initiated Recounts: North Carolina's General Statutes state that election boards both at the state and county level “may order a recount when necessary to complete the canvass in an election.” These are referred to as “discretionary recounts.” However, they may not do so if a candidate has already petitioned for a recount and had their petition denied. See Section 163‑182.7, “Ordering recounts,” Subsection (a): http://tinyurl.com/NC163-182-7. Timing: There are no timing requirements stipulated in the statutes for recounts initiated by election officials.

Close Vote Margin: 

N/A While North Carolina's laws refers uses the phrase “Mandatory Recounts,” they are neither mandatory nor automatic. They require both a close vote margin and a petition by a candidate in order to take place.

Candidate-Initiated Options: 

Close vote margin required Candidates “have the right to demand” a recount within a certain close vote margin. Different close vote margin requirements apply for county and statewide offices. For offices completely within a county board's jurisdiction, or for non-statewide contests within the state board's jurisdiction, the difference between the apparent winning candidate and the next candidate must be 1% or less of the total votes cast for that office. For statewide contests, the difference must be 0.5% of the total votes cast, or less than 10,000 votes, whichever is less. No restrictions are listed regarding the type of election (primary or general) in which a recount may be requested. See Section 163‑182.7, Subsections (b) and (c). Timing: For recounts under the jurisdiction of a county board, requests must be filed by 5 p.m. on the first business day after the canvass. For recounts under the jurisdiction of the state board, requests must be filed by 12 p.m. the second business day after the canvass. See Section 163‑182.7, Subsections (b) and (c).

Cost for Candidate-Initiated Recounts: 

No statutory guidance provided Neither the General Statutes nor the Administrative Code describe costs for the recount or establish which party is responsible for covering these costs. However, we have been informed by staff from the State Board of Elections in North Carolina that the general practice is for the election board of the county conducting a recount to pay the cost of the recount.

Challengers and Observers: 

No statutory guidance for recount observers No statutory guidance for recount challengers Section 163‑182.7, Subsection (d)(3), charges the State Board of Elections with developing rules for recounts regarding “the goals of multipartisan participation” and “opportunity for public observation.” Despite this, the rules pertaining to recounts in the North Carolina Administrative Code do not contain any mention of observers, challengers, or requirements that the recount be conducted publicly. However, we have been informed by staff from the State Board of Elections that in North Carolina in practice recounts have generally had “free access for all interested parties to observing a recount, ss long as they do not interfere with the recount operation.”

Rules for Determining Voter Intent: 

Statutory guidance provided Secretary of State or Election Board responsible for defining intent Section 163‑182.7, Subsection (d)(2), charges the State Board of Elections with developing rules for determining voter intent. Those rules are available in Rule 09.0106, “General Guidelines,” Subsections (c) and (d). See also the State Board of Elections guidelines contained in “What is a Vote”: http://www.nhcgov.com/AgnAndDpt/ELCT/Pages/WhatIsAVote.aspx.

Audit Laws: 

State has audit laws See: http://www.ceimn.org/state-audit-legislation-reference-guide/north_carolina.

Additional Resources: 
North Carolina Statutes - Chapter 163 - Elections
North Carolina State Board of Elections
North Carolina Audit Info from CEI