North Carolina § 163-182 - 7. Ordering recounts.

§ 163-182. 7. Ordering recounts.

Discretionary Recounts. - The county board of elections or the State Board of Elections may order a recount when necessary to complete the canvass in an election. The county board may not order a recount where the State Board of Elections has already denied a recount to the petitioner. Mandatory Recounts for Ballot Items Within the Jurisdiction of the County Board of Elections. - In a ballot item within the jurisdiction of the county board of elections, a candidate shall have the right to demand a recount of the votes if the difference between the votes for that candidate and the votes for a prevailing candidate is not more than one percent (1%) of the total votes cast in the ballot item, or in the case of a multiseat ballot item not more than one percent (1%) of the votes cast for those two candidates. The demand for a recount must be made in writing and must be received by the county board of elections by 5:00 P.M. on the first business day after the canvass. The recount shall be conducted under the supervision of the county board of elections. Mandatory Recounts for Ballot Items Within the Jurisdiction of the State Board of Elections. - In a ballot item within the jurisdiction of the State Board of Elections, a candidate shall have the right to demand a recount of the votes if the difference between the votes for that candidate and the votes for a prevailing candidate are not more than the following: For a nonstatewide ballot item, one percent (1%) of the total votes cast in the ballot item, or in the case of a multiseat ballot item, one percent (1%) of the votes cast for those two candidates. For a statewide ballot item, one-half of one percent (0.5%) of the votes cast in the ballot item, or 10,000 votes, whichever is less. Rules for Conducting Recounts. - The State Board of Elections shall promulgate rules for conducting recounts. Those rules shall be subject to the following guidelines: The rules shall specify, with respect to each type of voting system, when and to what extent the recount shall consist of machine recounts and hand-to-eye recounts. Hand-to-eye recounts shall also be ordered as provided by G.S. 163-182.7A. The rules shall provide guidance in interpretation of the voter's choice. The rules shall specify how the goals of multipartisan participation, opportunity for public observation, and good order shall be balanced. The demand for a recount must be in writing and must be received by the State Board of Elections by noon on the second business day after the county canvass. If at that time the available returns show a candidate not entitled to a mandatory recount, but the Executive Director determines subsequently that the margin is within the threshold set out in this subsection, the Executive Director shall notify the eligible candidate immediately and that candidate shall be entitled to a recount if that candidate so demands within 48 hours of notice. The recount shall be conducted under the supervision of the State Board of Elections. History (2001-398, s. 3; 2003-278, ss. 10(b), 10(c); 2005-323, s. 6(a); 2005-428, s. 11(b); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) Editor's Note. - This section was recodified as now former G.S. 163A-1174 by Session Laws 2017-6, s. 3. Former G.S. 163A-1174 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified. Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section. Effect of Amendments. - Session Laws 2003-278, ss. 10.(b), (c), effective January 1, 2004, in the last sentence of subsection (b), substituted "5:00 P.M. on the first day" for "noon on the fourth day"; and in subsection (c), substituted "Thursday" for "Wednesday" in two places. Session Laws 2005-323, s. 6(a), effective January 1, 2006, in subdivision (c)(2), deleted "or in the case of a multiseat ballot item, one-half of one percent (0.5%) of the votes cast for those two candidates," following "in the ballot item"; and added the second sentence of subdivision (d)(1). Session Laws 2005-428, s. 11(b), effective January 1, 2006, and applicable to all primaries and elections held on or after that date, in the second sentence of subsection (b), inserted "business" preceding "day after the canvass"; and in the second paragraph of subsection (c), in the first sentence, substituted "business day after the county canvass" for "Thursday after the election" and in the second sentence, "at that time" for "on that Thursday."