§ 163-33. Powers and duties of county boards of elections.
Overview of Statute
Section enumerates the authorized powers to the county boards of elections within their respective jurisdictions.
1. Definition for Television
“Television” means any television broadcast station, cable television system, wireless-cable multipoint distribution system, satellite company, or telephone company transmitting video programming that is subject to the provisions of 47 U.S.C. §§ 315 and 317.
2. Definition for Voting booth
“Voting booth” means the private space in which a voter is to mark an official ballot.
3. Definition for Voting place
“Voting place” means the building or area of the building that contains the voting enclosure.
4. Definition for Advertisement
“Advertisement” means any message appearing in the print media, on television, or on radio that constitutes a contribution or expenditure under this Article.
5. Definition for day
The term “day” means calendar day.
6. Definition for made
A contribution is “made” during regular session if the check or other instrument is dated during the session, or if the check or other instrument is delivered to the limited contributee during session, or if the limited contributor pledges during the session to deliver the check or other instrument at a later time.
7. 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.
8. 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.
9. Definition for Radio
“Radio” means any radio broadcast station that is subject to the provisions of 47 U.S.C. §§ 315 and 317.
10. 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.
11. Definition for person
The term “person” means any business entity, corporation, insurance company, labor union, or professional association.
12. 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.
13. 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.)
14. 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.
15. 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.
16. 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.
17. Definition for Contract
Contract. – Any agreement, including sales and conveyances of real and
personal property, and agreements for the performance of services.
North Carolina Cases
Case Name: Burgin v. North Carolina State Board of Elections
Citation: 198 S.E. 592
Case Summary: A statute authorizing state board of elections to canvass returns and determine who was nominated or elected was not a denial or negation of the board's supervisory powers which were to be exercised prior to final acceptance of the returns. In addition, primary election returns which were amended by county board of elections pursuant to directions of the state board, made in good faith, could not be declared void as a matter of law, where amended returns appeared regular on their face and they were impeached only by an affidavit of the county board chairman who participated in a meeting which was duly called and held for the purpose of passing on the amended returns, and who certified to their correctness. Furthermore, a county board of elections cannot change or amend its returns to the state board of elections without some official action on the part of the county board. In the exercise of its duty concerning general supervision over primaries and elections, the courts will not undertake to control the State Board of elections so long as the Board conforms to the rudiments of fair play and the statutes subject to such regulation. [Injunction] The unsuccessful candidate for the Democratic nominee of Congress was entitled to an order staying the state board of elections from certifying his opponent as the nominee pending the receipt of final returns as produced by the county boards whose original returns were void as a matter of law. [Amendment of Election Returns] Primary election returns which were amended by county board of elections pursuant to directions of the State Board of Elections, made in good faith, could not be declared void as a matter of law, where amended returns appeared regular on their face and they were impeached only by an affidavit of the county board chairman who participated in a meeting which was duly called and held for the purpose of passing on the amended returns, and who certified to their correctness. However, a county board of election cannot change or amend its returns to the State Board of Elections without some official action on the party of the county board.
Case Name: Republican Party of North Carolina v. Martin
Citation: 980 F.2d 943
Federal Circuit Court: 4th Circuit Court
Case Summary: Matter challenging the method of election North Carolina Superior Court judges. The action was dismissed as the county board of elections have no constitutional power to independently place candidate(s) on the ballot in elections, nor could the county boards remove candidate(s) as they were merely acting in ministerial capacity and could only carry out its enumerated duties. [Judicial Action] The action challenging a method of electing North Carolina Superior Court judges was dismissed against the county board of elections as the county boards have no power to independently place candidate(s) on an election ballot. Moreover, the county boards could not remove candidates from such ballot, as they merely function in ministerial capacity and could only carry out those duties as detailed by statute.