Chapter 163

(a) Scope. - This Article shall apply to all elections in this State. (b) Requirements of Official Ballots in Voting. - In any election conducted under this Article: (1) All voting shall be by official ballot. (2) Only votes cast on an official ballot shall be counted. (c) Compli…

The county board of elections shall make available for each precinct voting place an adequate quantity of official ballots or equipment. When the board of county commissioners has decided to adopt and purchase or lease a voting system for voting places under the provisions of G.S…

(a) County Board to Produce and Distribute Sample Ballots. - The county board of elections shall produce sample ballots, in all the necessary ballot styles of the official ballot, for every election to be held in the county. The sample ballots shall be given an appearance that cl…

(a) State Board Responsibilities. - The State Board of Elections shall certify the official ballots and voter instructions to be used in every election that is subject to this Article. In conducting its certification, the State Board shall adhere to the following: (1) No later th…

The State Board of Elections shall ensure that official ballots throughout the State have all the following characteristics: (1) Are readily understandable by voters. (2) Present all candidates and questions in a fair and nondiscriminatory manner. (3) Allow every voter to cast a …

(a) No ballot may be used in any referendum, primary, or other election as an official ballot if it requires the voter to punch out a hole with a stylus or other tool. (b) No lever machine voting system may be used in any referendum, primary, or other election as a means of votin…

No butterfly ballot may be used as an official ballot in any referendum, primary, or other election. The term "butterfly ballot" means a ballot having more than one column listing ballot choices that share a common column for designating those choices. (2001-310, ss. 2, 3; 2017-6…

A voting system that does not use or produce a ballot shall not be used in any referendum, primary, or other election as a means of voting or counting an official ballot. (2015-103, s. 5(b); 2017-6, s. 3; 2018-146, s. 3.1(a), (b)3.)

(a) Except as provided in this section, each official ballot shall contain all the following elements: (1) The heading prescribed by the State Board. The heading shall include the term "Official Ballot". (2) The title of each office to be voted on and the number of votes allowed …

Notwithstanding any other statute or local act, a county board of elections, with the approval of the State Board of Elections, may combine ballot items on the same official ballot. (2007-391, s. 7; 2008-187, s. 33(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

(a) Order of Precedence Generally. - Candidate ballot items shall be arranged on the official ballot before referenda. (b) Order of Precedence for Candidate Ballot Items. - The State Board of Elections shall promulgate rules prescribing the order of offices to be voted on the off…

(a) Only voting systems that have been certified by the State Board of Elections in accordance with the procedures set forth by the State Board of Elections and subject to the standards set forth in this section and that have not been subsequently decertified shall be permitted f…

The board of county commissioners, with the approval of the county board of elections, may adopt and acquire only a voting system of a type, make, and model certified by the State Board of Elections for use in some or all voting places in the county at some or all elections. The …

(a) Before approving the adoption and acquisition of any voting system by the board of county commissioners, the county board of elections shall do all of the following: (1) Recommend to the board of county commissioners which type of voting system should be acquired by the count…

(a) Duties of Vendor. - Every vendor that has a contract to provide a voting system in North Carolina shall do all of the following: (1) The vendor shall place in escrow with an independent escrow agent approved by the State Board of Elections all software that is relevant to fun…

The county board of elections shall: (1) Provide for the timely delivery to each voting place of the supplies, records, and equipment necessary for the conduct of the election. (2) Ensure that adequate procedures are in place at each voting place for a safe, secure, fair, and hon…

The State Board of Elections shall promulgate rules for closing the voting place and delivering voting information to the county board of elections for counting, canvassing, and record maintenance. Those rules shall emphasize the need for the appearance as well as the reality of …

If an individual seeking to vote claims to be a registered voter in a jurisdiction as provided in G.S. 163-82.1 and though eligible to vote in the election does not appear on the official list of eligible registered voters in the voting place, that individual may cast a provision…

Whenever a voter is permitted to vote a provisional ballot, the election official issuing the ballot shall annotate in writing or other means on the ballot that it is a provisional ballot. (2013-381, s. 52.1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

(a) Voting in Person. - An individual who has registered to vote by mail on or after January 1, 2003, and has not previously voted in an election that includes a ballot item for federal office in North Carolina, shall present to a local election official at a voting place before …

(a) Photo Identification Required to Vote. - When a registered voter presents to vote in person, the registered voter shall produce any of the following forms of identification that contain a photograph of the registered voter: (1) Any of the following that is valid and unexpired…

(a) The State Board shall approve the use of student identification cards issued by a constituent institution of The University of North Carolina, a community college, as defined in G.S. 115D-2(2), or eligible private postsecondary institution as defined in G.S. 116-280(3) for vo…

(a) The State Board shall approve the use of employee identification cards issued by a state or local government entity, including a charter school, for voting identification under G.S. 163-166.16 if the following criteria are met: (1) The head elected official or lead human reso…

Each voting enclosure shall contain at a minimum: (1) A sufficient number of private spaces for all voters to mark their official ballots in secrecy. (2) Adequate space and furniture for the separate functions of: a. The checking of voter registration records. b. The distribution…

(a) On election day, the voting place shall be open at 6:30 A.M. and shall be closed at 7:30 P.M. If the polls are delayed in opening for more than 15 minutes, or are interrupted for more than 15 minutes after opening, the State Board may extend the closing time by an equal numbe…

(a) Persons Who May Enter Voting Enclosure. - During the time allowed for voting in the voting place, only the following persons may enter the voting enclosure: (1) An election official. (2) An observer or student election assistant acting in accordance with Article 5 of this Cha…

(a) A county board of elections by unanimous vote of all its members may provide for one or more sites in that county for ballots to be applied for and cast under this Part. Except for individuals appointed to early voting sites pursuant to subsection (b) of this section, every i…

(a) Buffer Zone. - No person or group of persons shall hinder access, harass others, distribute campaign literature, place political advertising, solicit votes, or otherwise engage in election-related activity in the voting place or in a buffer zone which shall be prescribed by t…

(a) Any voter eligible to vote may vote a ballot under this Part. (b) Not earlier than the third Thursday before an election in which a voter seeks to vote and not later than 3:00 P.M. on the last Saturday before that election, the voter may appear in person only at the office of…

If a county uses a voting system with retrievable ballots, that county's board of elections may by resolution elect to conduct early voting according to the provisions of this Part. In a county in which the board has opted to do so, a voter during early voting shall cast the ball…

The State Board of Elections shall promulgate rules for precinct officials to set up the voting place before voting begins. Those rules shall emphasize: (1) Continual participation or monitoring by officials of more than one party. (2) Security of official ballots, records, and e…

(a) With respect to each ballot voted in accordance with this Part, the State Board shall approve an official register in which the county board of elections in each county of the State shall record the following information: (1) Name of voter for whom a ballot is being requested…

The State Board of Elections shall promulgate rules for the delegation of tasks among the election officials at each precinct. Those rules shall emphasize: (1) The need to place primary managerial responsibility upon the chief judge. (2) The need to have maximum multiparty partic…

(a) Checking Registration. - A person seeking to vote shall enter the voting enclosure through the appropriate entrance. A precinct official assigned to check registration shall at once ask the voter to state current name and residence address. The voter shall answer by stating c…

(a) Posting the Information. - For each election that involves candidates for federal or State office, each county board of elections shall post at each active voting place the following information in a manner and format approved by the State Board of Elections: (1) A sample bal…

(a) Any registered voter qualified to vote in the election shall be entitled to assistance with entering and exiting the voting booth and in preparing ballots in accordance with the following rules: (1) Any voter is entitled to assistance from the voter's spouse, brother, sister,…

(a) In any election or referendum, if any qualified voter is able to travel to the voting place, but because of age or physical disability and physical barriers encountered at the voting place is unable to enter the voting enclosure to vote in person without physical assistance, …

In addition to the definitions stated below, the definitions set forth in Article 14A of this Chapter also apply to this Article. As used in this Article, the following definitions apply: (1) "Abstract" means a document signed by the members of the board of elections showing the …

(a) General Principles That Shall Apply. - The following general principles shall apply in the counting of official ballots, whether the initial count or any recount: (1) Only official ballots shall be counted. (2) No official ballot shall be rejected because of technical errors …

(a) Preliminary Consideration. - The following principles shall apply to the initial consideration of election protests by the county board of elections: (1) The county board shall, as soon as possible after the protest is filed, meet to determine whether the protest substantiall…

(a) Notice and Perfection of Appeal. - The decision by the county board of elections on an election protest may be appealed to the State Board of Elections by any of the following: (1) The person who filed the protest. (2) A candidate or elected official adversely affected by the…

The State Board of Elections may consider protests that were not filed in compliance with G.S. 163-182.9, may initiate and consider complaints on its own motion, may intervene and take jurisdiction over protests pending before a county board, and may take any other action necessa…

(a) After conducting a post-election audit for each election as required by this Chapter, except for a general election, the State Board shall produce a report which summarizes the audit, including the rationale for and the findings of the audit. After conducting a post-election …

(a) When State Board May Order New Election. - The State Board of Elections may order a new election, upon agreement of at least four of its members, in the case of any one or more of the following: (1) Ineligible voters sufficient in number to change the outcome of the election …

(a) Application of Procedures. - A contested election for any elective office established by Article III of the Constitution shall be determined by joint ballot of both houses of the General Assembly under Article VI, Section 5 of the Constitution in accordance with the provision…

(a) Final Decision. - A copy of the final decision of the State Board of Elections on an election protest shall be served on the parties personally or through delivery by U.S. mail or a designated delivery service authorized under 26 U.S.C. § 7502(f)(2) if that delivery provides …

(a) Issued by County Board of Elections. - In ballot items within the jurisdiction of the county board of elections, the county board shall issue a certificate of nomination or election, or a certificate of the results of the referendum, as appropriate. The certificate shall be i…

The Secretary of State shall send a notice to the Governor that a certificate of election has been issued for any of the following offices, and upon receiving the notice, the Governor shall provide to each such elected official a commission attesting to that person's election or …

(a) This Section a Summary. - The provisions of this section provide a nonexclusive summary of the duties given to officials under this Article. The legal duty is contained, not in this section, but in the other sections of this Article. (b) Duties of the Precinct Officials. - Pr…

(a) The initial counting of official ballots cast on election day and under Part 5 of Article 14A of this Chapter shall be conducted according to the following principles: (1) Vote counting of ballots cast at the precinct on election day shall occur immediately after the polls cl…