§ 163-182.4. Jurisdiction for certain ballot items.
Overview of Statute
Section mandates jurisdictional restraints governing the county board and State Board of Elections which permit the body to canvass a ballot item, produce abstracts for the ballot item, and issue certificates over the election.
Statute
(a) Jurisdiction of County Board of Elections.–As used in this Article, the county board of elections shall have jurisdiction over the following:
(1) Offices of that county, including clerk of superior court and register of deeds.
(2) Membership in either house of the General Assembly from a district lying entirely within that county.
(3) Offices of municipalities, unless the municipality has a valid board of election.
(4) Referenda in which only residents of that county are eligible to vote.
(b) Jurisdiction of State Board of Elections.–As used in this Article, the State Board of Elections shall have jurisdiction over the following:
(1) National offices.
(2) State offices.
(3) District offices (including General Assembly seats) in which the district lies in more than one county.
(4) Superior court judge, district court judge, and district attorney, regardless of whether the district lies entirely in one county or in more than one county.
(5) Referenda in which residents of more than one county are eligible to vote.
(c) For the purposes of this Article, having jurisdiction shall mean that the appropriate board shall do all of the following with regard to the ballot item:
(1) Canvass for the entire electorate for the ballot item.
(2) Prepare abstracts or composite abstracts for the entire electorate for the ballot item.
(3) Issue certificates of nomination and election.
(2001-398, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.)
8. 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.
9. 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.
10. 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.