North Carolina Administrative Code

section .0400 – approval of electronic poll books 08 NCAC 04 .0401 STANDARDS FOR CERTIFICATION OF eLECTRONIC POLL BOOKS (a) As used in this Chapter, an "electronic poll book" is a system (including hardware, software, and firmware) used to check the registration of voters who app…

08 NCAC 04 .0402 PROCEDURES FOR CERTIFICATION OF ELECTRONIC POLL BOOKS (a) Before certifying an electronic poll book for use in North Carolina, the State Board shall do the following: (1) Evaluate the electronic poll book for compliance with North Carolina laws and rules related …

08 NCAC 05 .0111 Modified full-time offices County board of elections offices in counties with fewer than 6,501 registered voters may operate office hours on Mondays, Wednesdays, and Fridays upon approval of the county board of elections. For the purposes of this Rule, office hou…

08 ncac 06b .0103 ARRANGEMENT OF OFFICIAL BALLOTS (a) After the close of the filing period, the State Board of Elections shall certify to the county boards of elections the order of the offices and candidate names to be voted on the official ballot. The State Board of Elections s…

08 ncac 06b .0104 LATE CHANGES IN BALLOTS After the official ballots for a general or special election have been printed and the absentee voting period has begun, the death, resignation, or disqualification of a candidate whose name appears on the official ballots shall not requi…

08 ncac 06b .0105 COUNTING OF OFFICIAL BALLOTS (a) Following the close of the polls the official ballots shall be counted in accordance with G.S. 163-182.1(a). Precinct officials shall follow the procedures specified by the voting system manufacturer and in compliance with G.S. 1…

08 NCAC 08 .0103 CURBSIDE VOTING HOURS EXTENDED History Note: Authority P.L. 98-435; S.L. 1985, c. 4, (Extra Session 1986); Eff. April 9, 1986; Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 NCAC 08 .0104 HANDICAPPED TRANSFER PRIOR TO ELECTION DAY History Note: Authority G.S. 163-69.2; Temporary Rule Eff. April 18, 1988 for a period of 136 days to expire on August 31, 1988; ARRC Objection May 19, 1988; Eff. October 1, 1988; RRC Objection August 16, 2018 and rule r…

08 ncac 09 .0106 GENERAL GUIDELINES (a) Prior to each recount under G.S. 163-182.7, the county board of elections or State Board shall inform the political parties and candidates of the recount and describe to them the process of conducting recounts. A county board of elections s…

08 ncac 09 .0107 first recouNt In the first recount conducted by the county board of elections in accordance with G.S. 163-182.7, all ballots that were originally counted shall be recounted by machine, notwithstanding the method by which the ballots were originally counted. All b…

08 ncac 09 .0108 REcount of DIRECT RECORD ELECTRONIC VOTING MACHINES History Note: Authority G.S. 163-22; 163-182.7; Temporary Adoption Eff. April 15, 2002; Eff. August 1, 2004; Readopted Eff. June 1, 2019; Repealed Eff. September 1, 2021.

08 ncac 09 .0109 Guidelines for Determining Voter Intent (a) As provided in G.S. 163-182.1(a), voter intent is the governing standard when questions arise about how to adjudicate markings on a ballot. Questions about voter intent may arise during a hand-to-eye recount if a voter …

08 ncac 09 .0110 SECONDARY REcountS For any hand-to-eye recount conducted under G.S. 163-182.7A, each county board of elections involved in the recount shall provide notice at least 24 hours in advance of the recount by email to the county board's notice list under G.S. 143-318.1…

SUBCHAPTER 10B – VOTING, VOTING PLACES AND PRECINCT OFFICIALS' DUTIES AND TASKS 08 ncac 10B .0101 TASKS AND DUTIES OF PRECINCT OFFICiALS AT VOTING PLACES (a) For purposes of this Chapter, unless otherwise noted, the term "precinct officials" shall mean chief judge, precinct judge…

08 ncac 10B .0102 SETTING UP POLLING PLACE PRIOR TO VOTING (a) The Chief Judge, Judges, and Assistants shall arrive at the voting place no later than 6:00 a.m. on the day of the election. (b) The Chief Judge shall administer the oath to Judges and Assistants who have not taken th…

08 NCAC 10B .0103 VOTING PROCEDURES (a) From the time the polls are opened on Election Day until the precinct count has been completed, the returns signed, and the results declared, no person shall take or remove from the voting enclosure election supplies and materials, includin…

08 ncac 10b .0104 LEAVING THE VOTING ENCLOSURE, SPOILED OR INCOMPLETE BALLOTS (a) When the voter has been presented with the official ballots by the judge, the voter shall be deemed to have begun the act of voting, and the voter shall not leave the voting enclosure until the vote…

08 NCAC 10B .0105 PROCEDURES AT THE CLOSE OF VOTING (a) Before each primary and election, the chairman of the county board of elections shall furnish each chief judge written instructions provided by the State Board pursuant to G.S. 163-182.1, G.S. 163-182.2, and 08 NCAC 06B. 010…

08 ncac 10b .0106 ELECTION SUPPLIES RETURN (a) After an election or primary, all election supplies, including but not limited to election results materials, registration and voter history materials, provisional voting materials, challenged voter materials, ballots, and completed …

08 ncac 10b .0107 ASSISTANCE TO VOTERS IN PRIMARIES AND GENERAL ELECTIONS (a) Any assistance rendered to a voter under G.S. 163-166.8 shall be performed in person, and shall not be allowed by electronic, paper, or mechanical means of communication with a person outside the voting…

08 ncac 10B .0108 CURBSIDE VOTING Pursuant to G.S. 163A-1140, curbside voting shall take place under the following procedures: (1) The county board of elections shall have printed and numbered a supply of affidavits to be distributed to each precinct chief judge that shall be in …

08 NCAC 10B .0109 Voting site uniformity (a) Station Set-Up. All equipment and furniture in the voting enclosure shall be arranged so that it can be seen from the public space of the voting enclosure. Each voting enclosure shall contain at a minimum: (1) Check-in station, where v…

CHAPTER 13 – INTERIM RULES SECTION .0100 – INTERIM RULES Codifier's Note: This Chapter is created to codify rules adopted pursuant to G.S. 163.22.2. 08 NCAC 13 .0101 In the matter of the may 7, 2002 primaries History Note: Authority G.S. 163-22.2; Temporary Adoption Eff. March 14…

CHAPTER 15 – RULE-MAKING SECTION .0100 - PETITION FOR RULE-MAKING 08 NCAC 15 .0101 INSTRUCTIONS FOR FILING A PETITION FOR RULE-MAKING (a) Any person may petition the State Board of Elections to adopt a new rule, or amend or repeal an existing rule, by submitting a rule-making pet…

08 NCAC 15 .0102 DECLARATORY RULINGS: AVAILABILITY (a) The State Board of Elections may issue declaratory rulings pursuant to G.S. 150B-4. All requests for declaratory rulings shall be in writing and submitted to the office of the State Board of Elections. (b) A request for a dec…

chapter 16 - MULTIPARTISAN ASSISTANCE TEAMS 08 NCAC 16 .0101 MULTIPARTISAN ASSISTANCE TEAMS (a) Each county board of elections shall assemble and provide training to a Multipartisan Assistance Team ("Team") to respond to requests for voter assistance for any primary, general elec…

08 NCAC 16 .0102 TEAM MEMBERS (a) For purposes of this Chapter, the county board of elections shall compose the Team as follows: (1) At least two registered voters shall be on each Team. The two political parties having the highest number of affiliated voters in the State, as ref…

08 NCAC 16 .0103 TRAINING AND CERTIFICATION OF TEAM MEMBERS (a) The State Board of Elections shall provide uniform training materials to each County Board of Elections. The training shall review the Rules of this Chapter as well as G.S. 163-226.3, 163-230.1, 163-230.2, and 163-23…

08 NCAC 16 .0104 VISITS BY MULTIPARTISAN ASSISTANCE TEAMS (a) The State Board shall provide annual notice regarding availability of Teams in each county. The notice shall provide information for covered facilities, or patients or residents of the facilities, to contact the county…

08 NCAC 16 .0105 REMOVAL OF TEAM MEMBERS (a) The County Board of Elections shall revoke, pursuant to G.S. 163-33(2), a Team member's certification granted under Rule .0103 of this Section for the following reasons: (1) violation of Chapter 163 of the General Statutes or one of th…

chapter 17 – photo identification 08 NCAC 17 .0101 VERIFICATION OF PHOTO IDENTIFICATION DURING IN-PERSON VOTING (a) When a person presenting to vote checks in at a voting site, an election official shall ask the voter to show photo identification in accordance with G.S. 163-166.1…

08 NCAC 17 .0104 OPPORTUNITY TO UPDATE NAME OR ADDRESS AFTER REASONABLE RESEMBLANCE IS DETERMINED A person able to vote a regular ballot but whose name or address does not match the name or address appearing in the registration record shall be provided the opportunity to update h…

08 NCAC 17 .0105 DECLARATION OF RELIGIOUS OBJECTION TO PHOTOGRAPH History Note: Authority NAACP v. McCrory, 831 F.3d 204 (4th Cir. 2016); S.L. 2018-144, s. 3.1.(a),(e), (h); Eff. January 1, 2016; Temporary Repeal Eff. August 23, 2019; Temporary Repeal Exp. Eff. June 12, 2020; Tem…

08 NCAC 17 .0106 SIGNAGE NOTIFYING ONE-STOP VOTERS OF THE OPTION TO REQUEST AN ABSENTEE BALLOT History Note: Authority NAACP v. McCrory, 831 F.3d 204 (4th Cir. 2016); S.L. 2018-144, s. 3.1.(j); Eff. March 1, 2016; Temporary Repeal Eff. August 23, 2019; Temporary Repeal Exp. Eff. …

08 NCAC 17 .0107 Voter photo identification CARd History Note: Authority G.S. 163A-741; 163A-869.1(d); S.L. 2018-144, s. 1.1.(b). Temporary Adoption Eff. April 29, 2019; Temporary Adoption Expired Eff. February 9, 2020.

08 NCAC 17 .0108 Requests for approval of student identification cards and employee identification cards History Note: Authority G.S. 163A-741; 163A-1145.2; 163A-1145.3; S.L. 2018-144 s. 1.2.(f); S.L. 2018-146 s. 3.2.(e); S.L. 2019-22 s. 2; Temporary Adoption Eff. July 26, 2019; …

08 ncac 17 .0109 photo identification for absentee-by-mail ballots (a) Identification Requirement for Absentee-by-Mail Ballots. Photo identification accompanying a voter's absentee ballot pursuant to G.S. 163-230.1(f1) is acceptable if it is a photocopy of a type of photo identif…

chapter 18 – absentee ballots 08 NCac 18 .0101 absentee ballot delivery (a) A qualified individual with a disability who, due to a disability, requires assistance mailing his or her return envelope containing an executed absentee ballot may direct that the sealed envelope be take…

08 NCAC 18 .0102 in-person return of absentee ballots Any person who returns an absentee ballot in person to a county board of elections office shall, upon delivery, provide the following information in writing: (1) Name of voter; (2) Name of person delivering ballot; (3) Relatio…

CHAPTER 20 – ELECTION OBSERVERS 08 NCAC 20 .0101 challenge to the appointment of an observer (a) Filing of Challenges. A county board of elections, by a majority vote and documented through a written statement made by any board member, may challenge the appointment of any observe…

08 NCAC 20 .0102 Appeal of removal of an observer from a voting site (a) Filing of Appeal. The decision by a chief judge to remove an observer pursuant to G.S. 163-45.1(j) may be appealed only by the chair of the political party or the candidate that appointed the observer. The a…

08 ncac 20 .0103 IDENTIFICATION OF OBSERVERS Every appointed observer serving at a voting site pursuant to G.S. 163-45.1 shall wear an identification tag to make voters and elections officials aware of the observer's role in the voting site. The tag shall read "Observer for [Name…

chapter 21 – campaign finance SECTION .0100 – Reporting 08 NCAC 21 .0101 best efforts The treasurer of a political committee or referendum committee shall be deemed to have exercised best efforts to obtain, maintain, and report the information required by G.S. 163-278.11(a)(1) if…

08 NCAC 21 .0102 reporting of independent expenditures (a) Once an individual as defined in G.S. 163-278.6(55), person as defined in G.S. 163-278.6(72), or other entity required to report independent expenditures under G.S. 163-278.12(a) has made independent expenditures with a p…

08 NCAC 21 .0103 reporting of special contributions (a) Once a person as defined in G.S. 163-278.6(72) or other entity required to report contributions under G.S. 163-278.12(b) has made contributions with a present, actual, or market value in excess of one hundred dollars ($100.0…

08 NCAC 21 .0104 reporting of electioneering communications (a) Once an individual as defined in G.S. 163-278.6(55), person as defined in G.S. 163-278.6(72), or other entity required to report electioneering communications under G.S. 163-278.12C has incurred an expense for the di…

08 NCAC 21 .0105 federal political committee reporting History Note: Authority G.S. 163-278.7A; 163-278.21; 163-278.22; Eff. May 1, 2020; Repealed Eff. April 1, 2025.

08 NCAC 21 .0106 electronic filing (a) All political committees required to file electronically pursuant to G.S. 163-278.9(i) shall prepare disclosure reports using either of the following: (1) the current version of the campaign finance software made available by the North Carol…

08 NCAC 21 .0107 ELECTRONIC SIGNATURE Any political committee, referendum committee, or other filer authorized to submit reports, disclosures, or certifications consistent with 08 NCAC 21 .0106 may use an electronic signature permissible under G.S. 66-58.5. History Note: Authorit…

08 NCAC 21 .0108 Reporting Periods (a) The State Board shall post on the State Board's website the period start date and period end date for each quarterly and semiannual report that must be filed under G.S. 163-278.9 and for each pre-referendum, final and annual report that must…