§ 163-22. Powers and duties of State Board.
Overview of Statute
Section enumerates the responsibilities and obligations of the State Board of Elections.
Statute
(a) The State Board of Elections shall have general supervision over the primaries and elections in the State, and it shall have authority to make such reasonable rules and regulations with respect to the conduct of primaries and elections as it may deem advisable so long as they do not conflict with any provisions of this Chapter.
(b) From time to time, the State Board shall publish and furnish to the county boards of elections and other election officials a sufficient number of indexed copies of all election laws and State Board rules and regulations then in force. It shall also publish, issue, and distribute to the electorate such materials explanatory of primary and election laws and procedures as the State Board shall deem necessary.
(c) The State Board of Elections shall appoint, in the manner provided by law, all members of the county boards of elections and advise them as to the proper methods of conducting primaries and elections. The State Board shall require such reports from the county boards and election officers as are provided by law, or as are deemed necessary by the State Board, and shall compel observance of the requirements of the election laws by county boards of elections and other election officers. In performing these duties, the State Board shall have the right to hear and act on complaints arising by petition or otherwise, on the failure or neglect of a county board of elections to comply with any part of the election laws imposing duties upon such a board. The State Board shall have power to remove from office any member of a county board of elections for incompetency, neglect or failure to perform duties, fraud, or for any other satisfactory cause. Before exercising this power, the State Board shall notify the county board member affected and give that member an opportunity to be heard. When any county board member shall be removed by the State Board of Elections, the vacancy occurring shall be filled by the State Board of Elections.
(d) The State Board of Elections shall investigate when necessary or advisable, the administration of election laws, frauds and irregularities in elections in any county and municipality and special district, and shall report violations of the election laws to the Attorney General or district attorney or prosecutor of the district for further investigation and prosecution.
(e) The State Board of Elections shall determine, in the manner provided by law, the form and content of ballots, instruction sheets, pollbooks, tally sheets, abstract and return forms, certificates of election, and other forms to be used in primaries and elections. The State Board shall furnish to the county boards of elections the registration application forms required pursuant to G.S. 163-82.3. The State Board of Elections shall direct the county boards of elections to purchase a sufficient quantity of all forms attendant to the registration and elections process. In addition, the State Board shall provide a source of supply from which the county boards of elections may purchase the quantity of pollbooks needed for the execution of its responsibilities. In the preparation of ballots, pollbooks, abstract and return forms, and all other forms, the State Board of Elections may call to its aid the Attorney General of the State, and it shall be the duty of the Attorney General to advise and aid in the preparation of these books, ballots and forms.
(f) The State Board of Elections shall prepare, print, distribute to the county boards of elections all ballots for use in any primary or election held in the State which the law provides shall be printed and furnished by the State to the counties. The State Board shall instruct the county boards of elections as to the printing of county and local ballots.
(g) The State Board of Elections shall certify to the appropriate county boards of elections the names of candidates for district offices who have filed notice of candidacy with the State Board and whose names are required to be printed on county ballots.
(h) It shall be the duty of the State Board of Elections to tabulate the primary and election returns, to declare the results, and to prepare abstracts of the votes cast in each county in the State for offices which, according to law, shall be tabulated by the State Board.
(i) The State Board of Elections shall make recommendations to the Governor and legislature relative to the conduct and administration of the primaries and elections in the State as it may deem advisable.
(j) Notwithstanding the provisions of any other section of this Chapter, the State Board of Elections is empowered to have access to any ballot boxes and their contents, any voting machines and their contents, any registration records, pollbooks, voter authorization cards or voter lists, any lists of absentee voters, any lists of presidential registrants under the Voting Rights Act of 1965 as amended, and any other voting equipment or similar records, books or lists in any precinct, county, municipality or electoral district over whose elections it has jurisdiction or for whose elections it has responsibility.
(j1) Notwithstanding G.S. 153A-98 or any other provision of law, all officers, employees, and agents of a county board of elections are required to give to the State Board of Elections, upon request, all information, documents, and data within their possession, or ascertainable from their records, including any internal investigation or personnel documentation and are required to make available, upon request pursuant to an investigation under subsection (d) of this section, any county board employee for interview and to produce any equipment, hardware, or software for inspection. These requirements are mandatory and shall be timely complied with as specified in a request made by any four members of the State Board.
(k) Notwithstanding the provisions contained in Article 20 or Article 21A of Chapter 163 the State Board of Elections shall be authorized, by resolution adopted prior to the printing of the primary ballots, to reduce the time by which absentee ballots are required to be printed and distributed for the primary election from 50 days to 45 days. This authority shall not be authorized for absentee ballots to be voted in the general election, except if the law requires ballots to be available for mailing 60 days before the general election, and they are not ready by that date, the State Board of Elections shall allow the counties to mail them out as soon as they are available.
(l) Notwithstanding any other provision of law, in order to obtain judicial review of any decision of the State Board of Elections rendered in the performance of its duties or in the exercise of its powers under this Chapter, the person seeking review must file his petition in the Superior Court of Wake County.
(m) The State Board of Elections shall provide specific training to county boards of elections regarding rules for registering students.
(n) The State Board of Elections shall promulgate minimum requirements for the number of pollbooks, voting machines and curbside ballots to be available at each precinct, such that more of such will be available at general elections and a sufficient number will be available to allow voting without excessive delay. The State Board of Elections shall provide for a training and screening program for chief judges and judges. The State Board shall provide additional testing of voting machines to ensure that they operate properly even with complicated ballots.
(o) The State Board of Elections shall require counties with voting systems to have sufficient personnel available on election day with technical expertise to make repairs in such equipment, to investigate election day problems, and assist in curbside voting.
(o1) The State Board of Elections shall include in all forms prepared by the Board a prominent statement that submitting fraudulently or falsely completed declarations is a Class I felony under Chapter 163 of the General Statutes.
(p) The State Board of Elections may assign responsibility for enumerated administrative matters to the Executive Director by resolution, if that resolution provides a process for the State Board to review any administrative decision made by the Executive Director.
(q) Nothing in this Chapter shall grant authority to the State Board of Elections to alter, amend, correct, impose, or substitute any plan apportioning or redistricting State legislative or congressional districts other than a plan imposed by a court under G.S. 120-2.4 or a plan enacted by the General Assembly.
(r) Nothing in this Chapter shall grant authority to the State Board of Elections to alter, amend, correct, impose, or substitute any plan apportioning or redistricting districts for a unit of local government other than a plan imposed by a court, a plan enacted by the General Assembly, or a plan adopted by the appropriate unit of local government under statutory or local act authority.
(1901, c. 89, ss. 7, 11; Rev., ss. 4302, 4305; 1913, c. 138; C.S., ss. 5923, 5926; 1921, c. 181, s. 1; 1923, c. 196; 1933, c. 165, ss. 1, 2; 1945, c. 982; 1953, c. 410, s. 2; 1967, c. 775, s. 1; 1973, c. 47, s. 2; c. 793, s. 2; 1975, c. 19, s. 65; 1977, c. 661, s. 6; 1979, c. 411, s. 1; 1981, c. 556; 1985 (Reg. Sess., 1986), c. 986, ss. 2, 3; 1987, c. 485, ss. 2, 5; c. 509, s. 9; c. 642, s. 3; 1989, c. 635, s. 5; 1991, c. 727, ss. 5.2, 7; 1993 (Reg. Sess., 1994), c. 762, s. 12; 1995, c. 509, s. 114; 1999-424, s. 7(a); 2001-398, s. 4; 2009-537, s. 10; 2009-541, s. 1; 2011-31, s. 15; 2011-182, s. 3; 2016-125, 4th Ex. Sess., s. 20(b); 2017-6, s. 3.; 2018-13, s. 3.2(a); S.L. 2018-144, s. 1.4A; S.L. 2018-146, ss. 3.1(a), (b).
- Cross-References:
- Administrative Duties
- State Board of Elections
1. Definition for Voting system
“Voting system” means a system of casting and tabulating ballots. The term includes systems of paper ballots counted by hand as well as systems utilizing mechanical and electronic voting equipment. (2001-460, s. 3; 2001-466, s. 3(a), (b); 2002-159, s. 21(h); 2006-262, s. 4; 2013-381, ss. 30.1, 30.2; 2015-103, ss. 4(a), 5(a), 6(b); 2017-6, s. 3.)
2. Definition for day
The term “day” means calendar day.
3. 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.
§ 163A-1426. Limitation on fund-raising during legislative session. (a) Definitions (4)
4. 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.
5. 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.
6. 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.
7. Definition for person
The term “person” means any business entity, corporation, insurance company, labor union, or professional association.
8. 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.
9. 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.)
10. 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.
11. 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.
12. 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.
13. Definition for candidate
The term “candidate” means any individual who, with respect to a public office listed in G.S. 163A-1411(80), has taken positive action for the purpose of bringing about that individual’s nomination, retention, or election to public office. Examples of positive action include any of the following:
a. Filing a notice of candidacy, filing a notice to be retained, or a petition requesting to be a candidate.
b. Being certified as a nominee of a political party for a vacancy.
c. Otherwise qualifying as a candidate in a manner authorized by law.
d. Making a public announcement of a definite intent to run for public office in a particular election.
e. Receiving funds or making payments or giving the consent for anyone else to receive funds or transfer anything of value for the purpose of bringing about that individual’s nomination or election to office. Transferring anything of value includes incurring an obligation to transfer anything of value. Status as a candidate for the purpose of this Article continues if the individual is receiving contributions to repay loans or cover a deficit or is making expenditures to satisfy obligations from an election already held. Special definitions of “candidate” and “candidate campaign committee” that apply only in Part 2 of this Article are set forth in G.S. 163A-1475.
14. Definition for Candidate
“Candidate” means any individual who, with respect to a public office listed in G.S. 163A-1411(80), has filed a notice of candidacy, notice of retention, or a petition requesting to be a candidate, or has been certified as a nominee of a political party for a vacancy, or has otherwise qualified as a candidate in a manner authorized by law, or has filed a statement of organization under G.S. 163A-1412 and is required to file periodic financial disclosure statements under G.S. 163A-1418.
Cases
North Carolina Cases
Case Name: States’ Rights Democratic Party v. State Bd. of Elections
Citation: 49 S.E.2d 379
Year: 1948
Case PDF: States’ Rights Democratic Party v. North Carolina State Board of Elections
Case Summary: Law governing creation of new political parties is subject to restrictions that such rules must not conflict with any provisions of existing statutory law, even if such restriction is not specifically annexed by statute, as the constitution forbids the legislature to delegate power to make law to any other body. Specifically, the notice of and opportunity to petition for the creation of a new political party are necessary to meet the constitutional requirement of "due process of law." Here the State Board of Elections regulations, which require voters in support of a new political party to file an attachment which disclose the requisite number of signed supporters who have not voted in primary election(s) of any exiting party during the year in which the new political party petition is signed cannot be sustained merely as an administrative effectiveness measure on behalf of the State Board. The State Board of Elections has the authority to determine the registration for creation of a new political party by examination of registration books through the collection of the county boards as a matter of administrative routine before calling on signers to prove signature of the requisite number of qualified voters. However, the Supreme Court cannot determine whether primary election laws impose on qualified voters a moral obligation to such party and to therefore refrain from signing statutory petition for the creation of a its new political party during the year in which such elections are held. Thus, the statute providing for the creation of new political parties confers a legal right on any qualified voted the sight to sign such petition, irrespective of whether he/she has participated in the primary election of such existing political party during the same year in which the petition was signed. [Judicial Action] Where a petition for the creation of a new political party shows to have been signed by at least 10,000 voters and otherwise mets every statutory requirement, the Superior Court shall grant a writ of mandamus ordering the State Board of Elections to cause names of new party's nominees for President and Vice-President on the official ballot in the general election.
Case Name: Burgin v. North Carolina State Board of Elections
Citation: 198 S.E. 592
Year: 1938
Case PDF: Burgin v. North Carolina State Board of Elections
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: Holmes v. Moore
Citation: 840 S.E.2d 244
Year: 2020
Case PDF: 840_S.E.2d_244
Case Summary: The Court of Appeals held that voters' right to participate in elections on equal basis regardless of race was substantial right supporting appeal of denial of preliminary injunction; historical context of legislation supported finding that legislation was motivated by racially discriminatory purpose; departures from normal procedural sequence of lawmaking supported finding that legislation was motivated by racially discriminatory purpose; legislative history supported finding legislation was motivated by racially discriminatory purpose; disparate impact on African American voters supported finding that legislation was motivated by racially discriminatory purpose; legislation was not likely to have passed in the absence of discriminatory purpose; and issuance of statewide preliminary injunction was required to protect voters' right to vote on equal terms.
Out-of-State Cases
Federal Cases
Case Name: Clayton v. North Carolina State Bd. of Elections
Citation: 317 F.Supp. 915
Federal District Court: Eastern District of North Carolina
Year: 1970
Case PDF: Clayton v. North Carolina State Board of Elections
Case Summary: Even if Executive Secretary of the State Board of Elections of North Carolina personally delivered amendment to voting law to assistant U.S. Attorney General, where state did not request Attorney General's consideration of change pursuant to statute rendering inoperative any change of standard, practice or procedure as to voting in areas covered by the Voting Rights Act, unless change receives prior judicial approval or has been submitted to Attorney General who has not interpreted objections, delivery did not constitute "submission" within the Act.