Code Section
Tool bar
North Carolina > Elections And Election Laws > Election Officers (§ § 163-19 through 163-41) Article 4. County Boards of Elections (§ § 163-30 through 163-37)

§ 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.

Statute

The county boards of elections within their respective jurisdictions shall exercise all powers granted to such boards in this Chapter, and they shall perform all the duties imposed upon them by law, which shall include the following:
(1) To make and issue such rules, regulations, and instructions, not inconsistent with law, with directives promulgated under the provisions of G.S. 163-132.4, or with the rules, orders, and directives established by the State Board of Elections, as it may deem necessary for the guidance of election officers and voters.
(2) To appoint all chief judges, judges, assistants, and other officers of elections, and designate the precinct in which each shall serve; and, after notice and hearing, to remove any chief judge, judge of elections, assistant, or other officer of election appointed by it for incompetency, failure to discharge the duties of office, failure to qualify within the time prescribed by law, fraud, or for any other satisfactory cause. In exercising the powers and duties of this subdivision, the board may act only when a majority of its members are present at any meeting at which such powers or duties are exercised.
(3) To investigate irregularities, nonperformance of duties, and violations of laws by election officers and other persons, and to report violations to the State Board of Elections. In exercising the powers and duties of this subdivision, the board may act only when a majority of its members are present at any meeting at which such powers or duties are exercised. Provided that in any hearing on an irregularity no board of elections shall consider as evidence the testimony of a voter who cast a ballot, which ballot that voter was not eligible to cast, as to how that voter voted on that ballot.
(4) As provided in G.S. 163-128, to establish, define, provide, rearrange, discontinue, and combine election precincts as it may deem expedient, and to fix and provide for places of registration and for holding primaries and elections.
(5) To review, examine, and certify the sufficiency and validity of petitions and nomination papers.
(6) To advertise and contract for the printing of ballots and other supplies used in registration and elections; and to provide for the delivery of ballots, pollbooks, and other required papers and materials to the voting places.
(7) To provide for the purchase, preservation, and maintenance of voting booths, ballot boxes, registration and pollbooks, maps, flags, cards of instruction, and other forms, papers, and equipment used in registration, nominations, and elections; and to cause the voting places to be suitably provided with voting booths and other supplies required by law.
(8) To provide for the issuance of all notices, advertisements, and publications concerning elections required by law. If the election is on a State bond issue, an amendment to the Constitution, or approval of an act submitted to the voters of the State, the State Board of Elections shall reimburse the county boards of elections for their reasonable additional costs in placing such notices, advertisements, and publications. In addition, the county board of elections shall give notice at least 20 days prior to the date on which the registration books or records are closed that there will be a primary, general or special election, the date on which it will be held, and the hours the voting places will be open for voting in that election. The notice also shall describe the nature and type of election, and the issues, if any, to be submitted to the voters at that election. Notice shall be given by advertisement at least once weekly during the 20-day period in a newspaper having general circulation in the county and by posting a copy of the notice at the courthouse door. Notice may additionally be made on a radio or television station or both, but such notice shall be in addition to the newspaper and other required notice. This subdivision shall not apply in the case of bond elections called under the provisions of Chapter 159 [of the General Statutes].
(9) To receive the returns of primaries and elections, canvass the returns, make abstracts thereof, transmit such abstracts to the proper authorities, and to issue certificates of election to county officers and members of the General Assembly except those elected in districts composed of more than one county.
(10) To appoint and remove the board’s clerk, assistant clerks, and other employees; and to appoint and remove precinct transfer assistants as provided in G.S. 163-82.15(g).
(11) To prepare and submit to the proper appropriating officers a budget estimating the cost of elections for the ensuing fiscal year.
(12) To perform such other duties as may be prescribed by this Chapter, by directives promulgated pursuant to G.S. 163-132.4, or by the rules, orders, and directives of the State Board of Elections.
(13) Notwithstanding the provisions of any other section of this Chapter, 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 or municipality over whose elections it has jurisdiction or for whose elections it has responsibility.
(14) To make forms available for near relatives or personal representatives of a deceased voter’s estate to provide signed statements of the status of a deceased voter to return to the board of elections of the county in which the deceased voter was registered. Forms may be provided, upon request, to any of the following: near relatives, personal representatives of a deceased voter’s estate, funeral directors, or funeral service licensees.
(15) Nothing in this Chapter shall grant authority to county boards 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.
(16) Nothing in this Chapter shall grant authority to county boards 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, s. 11; Rev., s. 4306; C.S., s. 5927; 1921, c. 181, s. 2; 1927, c. 260, s. 1; 1933, c. 165, s. 2; 1966, Ex. Sess., c. 5, s. 2; 1967, c. 775, s. 1; 1973, c. 793, ss. 9-11; 1983, c. 392, s. 1; 1989, c. 93, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 15; 1995 (Reg. Sess., 1996), c. 694, s. 1; 1997-510, s. 1; 1999-424, s. 7(b); 2009-541, s. 2; 2013-381, s. 39.1(a); 2016-125, 4th Ex. Sess., s. 20(c); 2017-6, s. 3; S.L. 2018-146, s. 3.1(a), (b).)
Definition [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.

§ 163A-1475 (11). Definitions.

Definition [Voting booth]

“Voting booth” means the private space in which a voter is to mark an official ballot.

§ 163A-1095 (8). Definitions

Definition [Voting place]

“Voting place” means the building or area of the building that contains the voting enclosure.

§ 163A-1095 (10). Definitions

Definition [Advertisement]

“Advertisement” means any message appearing in the print media, on television, or on radio that constitutes a contribution or expenditure under this Article.

§ 163A-1475 (1). Definitions.

Definition [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.

§ 163A-1411 (3). Definitions.

 

 

 

 

Definition [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.

§ 163A-152 (3). Definitions

Definition [Radio]

“Radio” means any radio broadcast station that is subject to the provisions of 47 U.S.C. §§ 315 and 317.

§ 163A-1475 (8). Definitions.

Definition [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.

§ 163A-1336 (5). Definitions.

Definition [person]

The term “person” means any business entity, corporation, insurance company, labor union, or professional association.

§ 163A-1411 (72). Definitions.

Definition [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.

§ 163A-1095 (1). Definitions.

Definition [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.)

§ 163A-1025 (4). Definitions.

Definition [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.

§ 163A-1411 (30). Definitions.

Definition [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.

§ 163A-1165 (1). Definitions.

Definition [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.

§ 163A-1095 (4). Definition

Definition [Contract]

Contract. – Any agreement, including sales and conveyances of real and
personal property, and agreements for the performance of services.

§ 163A-152 (19). Definitions.

Cases

North Carolina Cases

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.

Out-of-State Cases

Federal Cases

Case Name: Republican Party of North Carolina v. Martin

Citation: 980 F.2d 943

Federal Circuit Court: 4th Circuit Court

Year: 1992

Case PDF: Republican Party of North Carolina v. Martin

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.