§ 163-182.17. Summary of officials’ duties under this Part.
Overview of Statute
Section summarizes the administrative duties for the following official positions: precinct officials; county board of elections; State Board of Elections; Secretary of State; and the Governor.
(a) This Section a Summary.–The provisions of this section provide a nonexclusive summary of the duties given to officials under this Article. The legal duty is contained, not in this section, but in the other sections of this Article.
(b) Duties of the Precinct Officials.–Precinct officials, in accordance with rules of the State Board of Elections and under the supervision of the county board of elections, shall perform all of the following:
(1) Count votes when votes are required to be counted at the voting place. G.S. 163-182.2.
(2) Make an unofficial report of returns to the county board of elections. G.S. 163-182.2.
(3) Certify the integrity of the vote and the security of the official ballots at the voting place. G.S. 163-182.2.
(4) Return official ballots and equipment to the county board of elections. G.S. 163-182.2.
(c) Duties of the County Board of Elections.–The county board of elections, in accordance with rules of the State Board of Elections, shall perform all of the following:
(1) Count absentee and provisional official ballots and other official ballots required to be initially counted by the county board of elections. G.S. 163-182.2.
(2) Canvass results in all ballot items on the official ballot in the county. G.S. 163-182.5.
(3) Order a recount in any ballot item on the official ballot in the county, where necessary to complete the canvass, and where not prohibited from doing so. G.S. 163-182.7.
(4) Conduct any recount that has been ordered by the county board of elections or the State Board of Elections or that has been properly demanded in accordance with G.S. 163-182.7(b).
(5) Conduct hearings in election protests as provided in G.S. 163-182.10.
(6) Prepare abstracts of returns in all the ballot items in the county. G.S. 163-182.6.
(7) Retain one original abstract and distribute the other two originals as follows:
a. One to the clerk of superior court in the county.
b. One to the State Board of Elections. G.S. 163-182.6.
(8) Issue a certificate of nomination or election or a certificate of the results of a referendum in each ballot item within the jurisdiction of the county board of elections. Provide a copy of the certificate to the clerk of court. G.S. 163-182.15.
(d) Duties of the State Board of Elections.–The State Board of Elections shall perform all the following:
(3) Canvass the results in ballot items within the jurisdiction of the State Board of Elections. G.S. 163-182.5.
(4) Order and supervise a recount in any ballot item within the jurisdiction of the State Board of Elections, where necessary to complete the canvass. G.S. 163-182.7.
(5) Hear and decide appeals from decisions of county boards of elections in election protests. G.S. 163-182.11.
(6) Order new elections in accordance with G.S. 163-182.15.
(7) Prepare, in duplicate originals, composite abstracts of ballot items within the jurisdiction of the State Board of Elections. G.S. 163-182.6.
(8) Retain one original of the composite abstract and deliver to the Secretary of State the other original composite abstract of the results of ballot items within the jurisdiction of the State Board of Elections. G.S. 163-182.6.
(9) Certify the results of any election within the jurisdiction of the State Board of Elections and provide a copy to the Secretary of State. G.S. 163-182.15.
(e) Duties of the Secretary of State.–The Secretary of State shall retain and compile in a useful form all the abstracts and returns provided by the county boards of elections and the State Board of Elections. G.S. 163-182.6.
(f) Duty of the Governor.–The Governor shall issue a commission to any person elected to an office listed in G.S. 163-182.16 upon notification from the Secretary of State that a certificate of election has been issued to the person. G.S. 163-182.16.
(2001-398, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
1. Definition for referendum
The term “referendum” means any question, issue, or act referred to a vote of the people of the entire State by the General Assembly, a unit of local government, or by the people under any applicable local act and includes constitutional amendments and State bond issues. The term “referendum” includes any type of municipal, county, or special district referendum and any initiative or referendum authorized by a municipal charter or local act. A recall election shall not be considered a referendum within the meaning of this Article.
2. Definition for Referendum
“Referendum” means the event in which voters cast votes for or against ballot questions other than the election of candidates to office.
3. Definition for Ballot item
“Ballot item” means a single item on a ballot in which the voters are to choose between or among the candidates or proposals listed.
4. Definition for Voting place
“Voting place” means the building or area of the building that contains the voting enclosure.
5. Definition for Official ballot
“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. Definition for Composite abstract
“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.
7. Definition for Certificate of election
“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.
8. Definition for Provisional official ballot
“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.
9. Definition for board
The term “board” means the State Board with respect to all candidates for State, legislative, and judicial offices and the county board of elections with respect to all candidates for county and municipal offices. The term means the State Board with respect to all statewide referenda and the county board of elections conducting all local referenda.
10. Definition for Board
Board. – Any State board, commission, council, committee, task force,
authority, or similar public body, however denominated, created by statute or
executive order, as determined and designated by the State Board, except for
those public bodies that have only advisory authority.
11. Definition for State
“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
12. Definition for person
The term “person” means any business entity, corporation, insurance company, labor union, or professional association.
13. Definition for Ballot
(Effective until January 1, 2018 or September 1, 2019 – see note) “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. The term “ballot” may include a paper ballot to be counted by hand, a paper ballot to be counted on an electronic
scanner, the face of a lever voting machine, the image on a direct record electronic unit, or a ballot used on any other voting system.
(Effective January 1, 2018 or September 1, 2019 – see note) “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.
14. Definition for Office
(4) Office. – The elected office for which the candidate has filed or petitioned.
(2006-155, s. 1; 2006-259, s. 48(a); 2017-6, s. 3.)
15. Definition for Protest
“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. 163A-1174.
c. A new election as provided in G.S. 163A-1181. (2001-398, s. 3; 2010-96, ss. 19, 35; 2017-6, s. 3.)
16. Definition for election
The term “election” means any general or special election, a first or second primary, a run-off election, or an election to fill a vacancy. The term “election” shall not include any local or statewide referendum.
17. Definition for Abstract
“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.
18. Definition for Election
“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.
North Carolina Cases
Case Name: Barker v. N.C. State Bd. of Elections
Citation: 570 S.E.2d 897
Case PDF: Barker v NC State Bd of Elections
Case Summary: Statute governing preservation of ballots, under which ballot boxes could be opened only upon the written order of county board of elections or upon a proper order of court, provided the sole method for obtaining access to ballots case in the elections and thus, unsuccessful mayoral candidate was not entitled to ballot information under the Public Records Act.