Chapter 163.
Elections and Election Laws.
SUBCHAPTER I. TIME OF PRIMARIES AND ELECTIONS.
Article 1.
Time of Primaries and Elections.
§ 163-1. Time of regular elections and primaries.
(a)Unless otherwise provided by law, elections for the
officers listed in the tabulation contained in this section shall
be conducted in all election precincts of the territorial units
specified in the column headed "Jurisdiction" on the dates
indicated in the column headed "Date of Election." Unless
otherwise provided by law, officers shall serve for the terms
specified in the column headed "Term of Office."
(b) On Tuesday next after the first Monday in May preceding
each general election to be held in November for the officers
referred to in subsection (a) of this section, there shall be
held in all election precincts within the territory for which the
officers are to be elected a primary election for the purpose of
nominating candidates for each political party in the State for
those offices.
(c) On Tuesday next after the first Monday in November in the
year 1968, and every four years thereafter, or on such days as
the Congress of the United States shall direct, an election shall
be held in all of the election precincts of the State for the
election of electors of President and Vice-President of the
United States. The number of electors to be chosen shall be equal
to the number of Senators and Representatives in Congress to
which this State may be entitled. Presidential electors shall not
be nominated by primary election; instead, they shall be
nominated in a State convention of each political party as
defined in G.S. 163-96 unless otherwise provided by the plan of
organization of the political party; provided, that in the case
of a candidate for President of the United States who has
qualified to have his name printed on the general election ballot
as an unaffiliated candidate under G.S. 163-122, that candidate
shall nominate presidential electors. One presidential elector
shall be nominated from each congressional district and two from
the state-at-large, and in addition, the State convention of each
party and the unaffiliated candidate shall each nominate first
and second alternate electors who shall serve if their slate is
elected as provided by G.S. 163-209 and if there is a vacancy as
provided by G.S. 163-210.
OFFICE JURISDICTION DATE OF ELECTION TERM OF OFFICE
Governor State Tuesday next after Four years,
from
the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
Lieutenant State Tuesday next after Four years,
from
Governor the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
Secretary ofState Tuesday next after Four years,
from
State the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
Auditor State Tuesday next after Four years,
from
the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
Treasurer State Tuesday next after Four years,
from
the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
Superinten- State Tuesday next after Four years,
from
dent of the first Monday first day of
Public in November 1968 January next
Instruction and every four after election
years thereafter
Attorney State Tuesday next after Four years,
from
General the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
CommissionerState Tuesday next after Four years,
from
Of the first Monday first day of
Agriculture in November 1968 January next
and every four after election
years thereafter
CommissionerState Tuesday next after Four years,
from
of Labor the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
CommissionerState Tuesday next after Four years,
from
of the first Monday first day of
Insurance in November 1968 January next
and every four after election
years thereafter
All other State Tuesday next after Four years,
from
State the first Monday first day of
officers in November 1968 January next
whose terms and every four after election
last for years thereafter
four years
All other State Tuesday next after Two years, from
State the first Monday first day of
officers in November 1968 January next
whose terms and every two after election
are not years thereafter
specified
by law
State Senator Senatorial Tuesday next
after Two years
district the first Monday
in November 1968
and every two
years thereafter
Member of Representative Tuesday next after Two years
State House district the first Monday
of Repre- in November 1968
sentatives and every two
years thereafter
Justices andState At the regular Eight years,
Judges of the election for
from first day
Appellate members of the of January next
Division General Assembly after election
immediately preceding
the termination of
each regular term
Judges of the Superior At the regular
Eight years,
superior Court election for from first day
courts District members of the of January next
General Assembly after election
immediately preceding
the termination of
each regular term
Judges of the District court At the regular
Four years, from
district district election for the first
Monday
courts members of the in December
next
General Assembly after election
immediately preceding
the termination
of each regular
term
District District At the regular Four years,
from
Attorney Attorney election for first day of
district members of the January next
General Assembly after election
immediately preceding
the termination
of each regular
term
Members of Congressional Tuesday next after Two years
House of district, the first Monday
Representa- except as in November 1968
tives of modified by and every two
the G.S. 163-104 years thereafter
Congress of
the United
States
United States State At the regular
Six years
Senators election immed-
iately preceding
the termination
of each regular
term
County County At the regular Two years, from
commissioners election for
the first
members of the Monday in
General Assembly December next
immediately preceding after
election
the termination of
each regular term
Clerk of County At the regular Four years,
from
superior election for the first
court members of the Monday in
General Assembly December next
immediately preceding after
election
the termination
of each regular term
Register of County At the regular Four years,
from
deeds election for the first
members of the Monday in
General Assembly December next
immediately after election
preceding the
termination of
each regular term
Sheriff County At the regular Four years,
from
election for the first
members of the Monday in
General Assembly December next
immediately after election
preceding the
termination of
each regular term
Coroner County At the regular Four years,
from
election for the first
members of the Monday in
General Assembly December next
immediately after election
preceding the
termination of
a regular term
County County Tuesday next after Two years, from
treasurer the first Monday the first
(in in November 1968 Monday in
counties in and every two December next
which years thereafter after election
elected)
All other County Tuesday next after Two years, from
county the first Monday the first
officers to in November 1968 Monday in
be elected and every two December next
by the years thereafter after election
people
(Const., art. 4, s. 24; 1901, c. 89, ss. 1, 2, 3, 4, 73, 74, 77;
Rev., ss. 4293, 4294, 4296, 4297, 4298, 4299; 1915, c. 101, s. 1;
1917, c. 218; C.S., ss. 5914, 5915, 5917, 5918, 5919, 5920, 6018;
1935, c. 362; 1939, c. 196; 1943, c. 134, s. 4; 1947, c. 505, s.
1; 1951, c. 1009, s. 2; 1953, c. 1191, s. 1; 1967, c. 775, s. 1;
cc. 1264, 1271; 1969, c. 44, s. 80; 1971, c. 170; 1973, c. 793,
s. 93; 1977, c. 265, s. 1; c. 661, s. 1; 1991 (Reg. Sess., 1992),
c. 782, s. 1; 1993 (Reg. Sess., 1994), c. 738, s. 2; 1996, 2nd
Ex. Sess., c. 9, s. 2.)
§ 163-2. Hours of primaries and elections.
In all primaries, general elections, special elections,
and referenda held in this State, including those held in and for
municipalities and special districts, the polls shall be open at
6:30 A.M., and shall be closed at 7:30 P.M.: Provided, however,
that at all voting places at which voting machines are used the
responsible county board of elections may permit the polls to
remain open until 8:30 P.M. (1929, c. 164, s. 33; 1937, cc. 258,
457; 1941, c. 222; 1955, c. 1064; 1967, c. 775, s. 1; 1971, c.
416; c. 1093, s. 18.1; 1973, c. 793, s. 1; 1991, c. 727, s. 2.)
§§ 163-3 through 163-7. Reserved for future codification
purposes.
Article 2.
Time of Elections to Fill Vacancies.
§ 163-8. Filling vacancies in State executive offices.
If the office of Governor or Lieutenant Governor shall
become vacant, the provisions of G.S. 147-11.1 shall apply. If
the office of any of the following officers shall be vacated by
death, resignation, or otherwise than by expiration of term, it
shall be the duty of the Governor to appoint another to serve
until his successor is elected and qualified: Secretary of State,
Auditor, Treasurer, Superintendent of Public Instruction,
Attorney General, Commissioner of Agriculture, Commissioner of
Labor, and Commissioner of Insurance. Each such vacancy shall be
filled by election at the first election for members of the
General Assembly that occurs more than 60 days after the vacancy
has taken place, and the person chosen shall hold the office for
the remainder of the unexpired four-year term: Provided, that
when a vacancy occurs in any of the offices named in this section
and the term expires on the first day of January succeeding the
next election for members of the General Assembly, the Governor
shall appoint to fill the vacancy for the unexpired term of the
office.
Upon the occurrence of a vacancy in the office of any one of
these officers for any of the causes stated in the preceding
paragraph, the Governor may appoint an acting officer to perform
the duties of that office until a person is appointed or elected
pursuant to this section and Article III, Section 7 of the State
Constitution, to fill the vacancy and is qualified. (1901, c. 89,
ss. 4, 73; Rev., s. 4299; C.S., s. 5920; 1967, c. 775, s. 1;
1981, c. 504, s. 14; 1983, c. 324, s. 1; 1985 (Reg. Sess., 1986),
c. 920, s. 5.)
§ 163-9. Filling vacancies in State and district judicial
offices.
(a)Vacancies occurring in the offices of Justice of the
Supreme Court, judge of the Court of Appeals, and judge of the
superior court for causes other than expiration of term shall be
filled by appointment of the Governor. An appointee to the office
of Justice of the Supreme Court or judge of the Court of Appeals
shall hold office until January 1 next following the election for
members of the General Assembly that is held more than 60 days
after the vacancy occurs, at which time an election shall be held
for an eight-year term and until a successor is elected and
qualified.
(b) Except for judges specified in the next paragraph of this
subsection, an appointee to the office of judge of superior court
shall hold his place until the next election for members of the
General Assembly that is held more than 60 days after the vacancy
occurs, at which time an election shall be held to fill the
unexpired term of the office.
Appointees for judges of the superior court from any district:
(1) With only one resident judge; or
(2) In which no county is subject to section 5 of the
Voting Rights Act of 1965,
shall hold the office until the next election of members of the
General Assembly that is held more than 60 days after the vacancy
occurs, at which time an election shall be held to fill an eight-
year term.
(c) When the unexpired term of the office in which the vacancy
has occurred expires on the first day of January succeeding the
next election for members of the General Assembly, the Governor
shall appoint to fill that vacancy for the unexpired term of the
office.
(d) Vacancies in the office of district judge which occur
before the expiration of a term shall not be filled by election.
Vacancies in the office of district judge shall be filled in
accordance with G.S. 7A-142. (1901, c. 89, ss. 4, 73; Rev. s.
4299; C.S., s. 5920; 1967, c. 775, s. 1; 1969, c. 44, s. 81;
1979, c. 494; 1981, c. 763, s. 3; 1985 (Reg. Sess., 1986), c.
920, s. 6; 1995, c. 98, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 21.)
§ 163-10. Filling vacancy in office of district attorney.
Any vacancy occurring in the office of district attorney
for causes other than expiration of term shall be filled by
appointment of the Governor. An appointee shall hold his place
until the next election for members of the General Assembly that
is held more than 60 days after the vacancy occurs, at which time
an election shall be held to fill the unexpired term of the
office: Provided, that when the unexpired term of the office in
which the vacancy has occurred expires on the first day of
January succeeding the next election for members of the General
Assembly, the Governor shall appoint to fill that vacancy for the
unexpired term of the office. (1901, c. 89, ss. 4, 73; Rev., s.
4299; C.S., s. 5920; 1967, c. 775, s. 1; 1973, c. 47, s. 2; 1977,
c. 265, s. 2; 1981, c. 504, s. 16; 1985 (Reg. Sess., 1986), c.
920, s. 7.)
§ 163-11. Filling vacancies in the General Assembly.
(a)If a vacancy shall occur in the General Assembly by
death, resignation, or otherwise than by expiration of term, the
Governor shall immediately appoint for the unexpired part of the
term the person recommended by the political party executive
committee provided by this section. The Governor shall make the
appointment within seven days of receiving the recommendation of
the appropriate committee. If the Governor fails to make the
appointment within the required period, he shall be presumed to
have made the appointment and the legislative body to which the
appointee was recommended is directed to seat the appointee as a
member in good standing for the duration of the unexpired term.
(b) If the district consists solely of one county and includes
all of that county, the Governor shall appoint the person
recommended by the county executive committee of the political
party with which the vacating member was affiliated when elected,
it being the party executive committee of the county which the
vacating member was resident.
(c) If the district consists solely of one county but includes
less than all of the county, the Governor shall appoint the
person recommended by the county executive committee of the
political party with which the vacating member was affiliated
when elected, it being the county executive committee of the
county which the vacating member was resident, provided that in
voting only those county executive committee members who reside
in the district shall be eligible to vote.
(d) If the district consists of more than one county, the
Governor shall appoint for the unexpired portion of the term the
person recommended by the State House of Representatives district
committee or the Senatorial district committee of the political
party with which the vacating member was affiliated when elected.
In the case where all of a county is included within a district,
the county convention or county executive committee of that
political party shall elect or appoint at least one member from
that county to serve on the State House of Representatives
district executive committee or State Senatorial district
executive committee. In the case where only part of a county is
included within a district, the county convention or county
executive committee of that political party shall elect or
appoint at least one member from that county to serve on the
State House of Representatives district committee or the State
Senatorial district committee, but only the delegates to the
county convention or the members of the county executive
committee who reside in the district may vote in electing the
district committee member. When the State House of
Representatives district committee or the State Senatorial
district committee meets, a member shall be entitled to cast for
his county (or the part of his county within the district) one
vote for each 300 persons or major fraction thereof residing
within that county, or in the case where less than the whole
county is in the district one vote for each 300 persons or major
fraction thereof residing in that part of the district within the
county.
A county convention or county executive committee may elect
more than one member to the district committee but in the event
that more than one member is selected from that county, then each
member shall cast an equal share of the votes allotted to the
county. (1901, c. 89, s. 74; Rev., s. 4298; C.S., s. 5919; 1947,
c. 505, s. 1; 1953, c. 1191, s. 1; 1967, c. 775, s. 1; 1973, c.
35; 1981, c. 504, s. 17; 1981 (Reg. Sess., 1982), c. 1265, s. 3.)
§ 163-12. Filling vacancy in United States Senate.
Whenever there shall be a vacancy in the office of United
States Senator from this State, whether caused by death,
resignation, or otherwise than by expiration of term, the
Governor shall appoint to fill the vacancy until an election
shall be held to fill the office. The Governor shall issue his
writ for the election of a Senator to be held at the time of the
first election for members of the General Assembly that is held
more than 60 days after the vacancy occurs. The person elected
shall hold the office for the remainder of the unexpired term.
The election shall take effect from the date of the canvassing of
the returns. (1913, c. 114, ss. 1, 2; C.S., ss. 6002, 6003; 1929,
c. 12, s. 2; 1955, c. 871, s. 6; 1967, c. 775, s. 1; 1981, c.
504, s. 18; 1985, c. 759, s. 2.)
§ 163-13. Filling vacancy in United States House of
Representatives.
(a)Special Election. – If at any time after expiration of
any Congress and before another election, or if at any time after
an election, there shall be a vacancy in this State's
representation in the House of Representatives of the United
States Congress, the Governor shall issue a writ of election, and
by proclamation fix the date on which an election to fill the
vacancy shall be held in the appropriate congressional district.
(b) Nominating Procedures. – If a congressional vacancy occurs
beginning on the tenth day before the filing period ends under
G.S. 163-106(c) preceding the next succeeding general election,
candidates for the special election to fill the vacancy shall not
be nominated in primaries. Instead, nominations may be made by
the political party congressional district executive committees
in the district in which the vacancy occurs. The chairman and
secretary of each political party congressional district
executive committee nominating a candidate shall immediately
certify his name and party affiliation to the State Board of
Elections so that it may be printed on the special election
ballots.
If the congressional vacancy occurs before the tenth day
before the filing period ends under G.S. 163-106(c) prior to the
next succeeding general election, the Governor shall call a
special primary for the purpose of nominating candidates to be
voted on in a special election called by the Governor in
accordance with the provisions of subsection (a) of this section.
Such a primary election shall be conducted in accordance with the
general laws governing primaries, except that the opening and
closing dates for filing notices of candidacy with the State
Board of Elections shall be fixed by the Governor in his call for
the special primary. The Governor may also fix the absentee
voting period for the special election and for the special first
primary, but such period shall not be less than 30 days. (1901,
c. 89, s. 60; Rev., s. 4369; C.S., s. 6007; 1947, c. 505, s. 5;
1967, c. 775, s. 1; 1985, c. 759, ss. 3-5.)
§§ 163-14 through 163-18. Reserved for future codification
purposes.
SUBCHAPTER II. ELECTION OFFICERS.
Article 3.
State Board of Elections.
§ 163-19. State Board of Elections; appointment; term of
office; vacancies; oath of office.
All of the terms of office of the present members of the
State Board of Elections shall expire on May 1, 1969, or when
their successors in office are appointed and qualified.
The State Board of Elections shall consist of five registered
voters whose terms of office shall begin on May 1, 1969, and
shall continue for four years, and until their successors are
appointed and qualified. The Governor shall appoint the members
of this Board and likewise shall appoint their successors every
four years at the expiration of each four-year term. Not more
than three members of the Board shall be members of the same
political party. The Governor shall appoint the members from a
list of nominees submitted to him by the State party chairman of
each of the two political parties having the highest number of
registered affiliates as reflected by the latest registration
statistics published by the State Board of Elections. Each party
chairman shall submit a list of five nominees who are affiliated
with that political party.
Any vacancy occurring in the Board shall be filled by the
Governor, and the person so appointed shall fill the unexpired
term. The Governor shall fill the vacancy from a list of three
nominees submitted to him by the State party chairman of the
political party that nominated the vacating member as provided by
the preceding paragraph. The three nominees must be affiliated
with that political party.
At the first meeting held after new appointments are made, the
members of the State Board of Elections shall take the following
oath:
"I, ______, do solemnly swear (or affirm) that I will
support the Constitution of the United States; that I
will be faithful and bear true allegiance to the State
of North Carolina, and to the constitutional powers and
authorities which are or may be established for the
government thereof; that I will endeavor to support,
maintain and defend the Constitution of said State, and
that I will well and truly execute the duties of the
office of member of the State Board of Elections
according to the best of my knowledge and ability,
according to law, so help me, God."
After taking the prescribed oath, the Board shall organize by
electing one of its members chairman and another secretary.
No person shall be eligible to serve as a member of the State
Board of Elections who holds any elective or appointive office
under the government of the United States, or of the State of
North Carolina or any political subdivision thereof. No person
who holds any office in a political party, or organization, or
who is a candidate for nomination or election to any office, or
who is a campaign manager or treasurer of any candidate in a
primary or election shall be eligible to serve as a member of the
State Board of Elections. (1901, c. 89, ss. 5, 7; Rev., ss. 2760,
4300, 4301; C.S., ss. 5921, 5922; 1933, c. 165, s. 1; 1953, c.
428; 1967, c. 775, s. 1; 1975, c. 286; 1985, c. 62, ss. 1, 1.1.)
§ 163-20. Meetings of Board; quorum; minutes.
(a)Call of Meeting. – The State Board of Elections shall
meet at the call of the chairman whenever necessary to discharge
the duties and functions imposed upon it by this Chapter. The
chairman shall call a meeting of the Board upon the written
application or applications of any two members thereof. If there
is no chairman, or if the chairman does not call a meeting within
three days after receiving a written request or requests from two
members, any three members of the Board shall have power to call
a meeting of the Board, and any duties imposed or powers
conferred on the Board by this Chapter may be performed or
exercised at that meeting, although the time for performing or
exercising the same prescribed by this Chapter may have expired.
(b) Place of Meeting. – Except as provided in subsection (c),
below, the State Board of Elections shall meet in its offices in
the City of Raleigh, or at another place in Raleigh to be
designated by the chairman. However, subject to the limitation
imposed by subsection (c), below, upon the prior written request
of any four members, the State Board of Elections shall meet at
any other place in the State designated by the four members.
(c) Meetings to Investigate Alleged Violations of This
Chapter. – When called upon to investigate or hear sworn alleged
violations of this Chapter, the State Board of Elections shall
meet and hear the matter in the county in which the violations
are alleged to have occurred.
(d) Quorum. – A majority of the members constitutes a quorum
for the transaction of business by the State Board of Elections.
If any member of the Board fails to attend a meeting, and by
reason thereof there is no quorum, the members present shall
adjourn from day to day for not more than three days, by the end
of which time, if there is no quorum, the Governor may summarily
remove any member failing to attend and appoint his successor.
(e) Minutes. – The State Board of Elections shall keep minutes
recording all proceedings and findings at each of its meetings.
The minutes shall be recorded in a book which shall be kept in
the office of the Board in Raleigh. (1901, c. 89, s. 7; Rev., ss.
2760, 4301, 4302; C.S., ss. 5922, 5923; 1933, c. 165, s. 1; 1945,
c. 982; 1967, c. 775, s. 1; 1973, c. 793, s. 3; c. 1223, s. 1.)
§ 163-21. Compensation of Board members.
The members of the State Board of Elections shall be
compensated for the time they are actually engaged in the
discharge of their duties and for their traveling and other
expenses necessary and incidental to the discharge of their
duties in accordance with the provisions of Chapter 138 of the
General Statutes. (1901, c. 89, s. 7; Rev., ss. 2760, 4301; C.S.,
s. 5922; 1933, c. 165, s. 1; 1967, c. 775, s. 1.)
§ 163-22. Powers and duties of State Board of Elections.
(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 Board shall publish and furnish to
the county and municipal boards of elections and other election
officials a sufficient number of indexed copies of all election
laws and 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
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 and municipal elections board members as to the
proper methods of conducting primaries and elections. The Board
shall require such reports from the county and municipal boards
and election officers as are provided by law, or as are deemed
necessary by the Board, and shall compel observance of the
requirements of the election laws by county and municipal boards
of elections and other election officers. In performing these
duties, the Board shall have the right to hear and act on
complaints arising by petition or otherwise, on the failure or
neglect of a county or municipal board of elections to comply
with any part of the election laws imposing duties upon such a
board. The State Board of Elections shall have power to remove
from office any member of a county or municipal 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 or municipal
board member affected and give him 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. When any municipal board member shall be
removed by the State Board of Elections, the vacancy occurring
shall be filled by the city council of the city appointing
members of that board.
(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 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 and municipal 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 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
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 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.
(k) Notwithstanding the provisions contained in Article 20 or
Article 21 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.
(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 issue rules to regulate
recounts held under the provisions of G.S. 163-179.1 or G.S. 163-
192.1.
(n) The State Board of Elections shall provide specific
training to county boards of elections regarding rules for
registering students.
(o) 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 of
Elections shall provide additional testing of voting machines to
ensure that they operate properly even with complicated ballots.
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. (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).)
§ 163-22.1. Power of State Board to order new elections.
(a)State Board's Authority. – If the State Board of
Elections, acting upon the agreement of at least four of its
members, and after holding public hearings on election contests,
alleged election irregularities or fraud, or violations of
elections laws, determines that a new primary, general or special
election should be held, the Board may order that a new primary,
general or special election be held, either statewide, or in any
counties, electoral districts, special districts, or
municipalities over whose elections it has jurisdiction. The
State Board shall be authorized to order a new election without
conducting a public hearing provided a public hearing on the
allegations was held by the county or municipal board of
elections and the State Board is satisfied that such hearing gave
sufficient opportunity for presentation of evidence.
Any new primary, general or special election so ordered shall
be conducted under applicable constitutional and statutory
authority and shall be supervised by the State Board of Elections
and conducted by the appropriate elections officials.
The State Board of Elections has authority to adopt rules and
regulations and to issue orders to carry out its authority under
this section.
(b) Special Circumstances in Which New Election Shall Be
Called. – Notwithstanding the provisions of subsection (a) of
this section, if
(1) The number of ineligible voters who voted in the
election was sufficient to change the result of the
election; and
(2) The way those votes were cast cannot be determined
by examining the ballots,
then the person protesting the election shall have the right to a
new election.
(c) Special Circumstances in Which Tie Shall Be Declared. –
Notwithstanding the provisions of subsection (a) of this section,
if the circumstances described in subsection (b) of this section
obtain except that the number of ineligible voters was sufficient
to change the result to a tie but not result in a different
winner, then the person protesting the election shall have the
right to have a tie declared by the State Board. If a tie is
declared, the provisions of law governing tied elections shall
apply. (1973, c. 793, s. 5; 1983, c. 210; 1995 (Reg. Sess.,
1996), c. 694, s. 2; 1999-424, s. 1.)
§ 163-22.2. Power of State Board to promulgate temporary
rules and regulations.
In the event any portion of Chapter 163 of the General
Statutes or any State election law or form of election of any
county board of commissioners, local board of education, or city
officer is held unconstitutional or invalid by a State or federal
court or is unenforceable because of objection interposed by the
United States Justice Department under the Voting Rights Act of
1965 and such ruling adversely affects the conduct and holding of
any pending primary or election, the State Board of Elections
shall have authority to make reasonable interim rules and
regulations with respect to the pending primary or election as it
deems advisable so long as they do not conflict with any
provisions of Chapter 163 of the General Statutes and such rules
and regulations shall become null and void 60 days after the
convening of the next regular session of the General Assembly.
The State Board of Elections shall also be authorized, upon
recommendation of the Attorney General, to enter into agreement
with the courts in lieu of protracted litigation until such time
as the General Assembly convenes. (1981, c. 741; 1982, 2nd Ex.
Sess., c. 3, s. 19.1; 1985, c. 563, s. 15; 1986, Ex. Sess., c. 3,
s. 1.)
§ 163-23. Powers of chairman in execution of Board duties.
In the performance of the duties enumerated in this
Chapter, the chairman of the State Board of Elections shall have
power to administer oaths, issue subpoenas, summon witnesses, and
compel the production of papers, books, records and other
evidence. Upon the written request or requests of two or more
members of the State Board of Elections, he shall issue subpoenas
for designated witnesses or identified papers, books, records and
other evidence. In the absence of the chairman or upon his
refusal to act, any two members of the State Board of Elections
may issue subpoenas, summon witnesses, and compel the production
of papers, books, records and other evidence. In the absence of
the chairman or upon his refusal to act, any member of the Board
may administer oaths. (1901, c. 89, s. 7; Rev., s. 4302; C.S., s.
5923; 1933, c. 165, s. 1; 1945, c. 982; 1967, c. 775, s. 1; 1973,
c. 793, s. 4.)
§ 163-24. Power of State Board of Elections to maintain
order.
The State Board of Elections shall possess full power and
authority to maintain order, and to enforce obedience to its
lawful commands during its sessions, and shall be constituted an
inferior court for that purpose. If any person shall refuse to
obey the lawful commands of the State Board of Elections or its
chairman, or by disorderly conduct in its hearing or presence
shall interrupt or disturb its proceedings, it may, by an order
in writing, signed by its chairman, and attested by its
secretary, commit the person so offending to the common jail of
the county for a period not exceeding 30 days. Such order shall
be executed by any sheriff to whom the same shall be delivered,
or if a sheriff shall not be present, or shall refuse to act, by
any other person who shall be deputed by the State Board of
Elections in writing, and the keeper of the jail shall receive
the person so committed and safely keep him for such time as
shall be mentioned in the commitment: Provided, that any person
committed under the provisions of this section shall have the
right to post a two hundred dollar ($200.00) bond with the clerk
of the superior court and appeal to the superior court for a
trial on the merits of his commitment. (1901, c. 89, s. 72; Rev.,
s. 4376; C.S., s. 5977; 1955, c. 871, s. 4; 1967, c. 775, s. 1;
1995, c. 379, s. 14(e).)
§ 163-25. Authority of State Board to assist in litigation.
The State Board of Elections shall possess authority to
assist any county or municipal board of elections in any matter
in which litigation is contemplated or has been initiated,
provided, the county or municipal board of elections in such
county petitions, by majority resolution, for such assistance
from the State Board of Elections and, provided further, that the
State Board of Elections determines, in its sole discretion by
majority vote, to assist in any such matter. It is further
stipulated that the State Board of Elections shall not be
authorized under this provision to enter into any litigation in
assistance to counties, except in those instances where the
uniform administration of Chapter 163 of the General Statutes of
North Carolina has been, or would be threatened.
The Attorney General shall provide the State Board of
Elections with legal assistance in execution of its authority
under this section or, in his discretion, recommend that private
counsel be employed.
If the Attorney General recommends employment of private
counsel, the State Board may employ counsel with the approval of
the Governor. (1969, c. 408, s. 1; 1973, c. 793, s. 6; 1983, c.
324, s. 2.)
§ 163-26. Executive Secretary-Director of State Board of
Elections.
There is hereby created the position of Executive
Secretary- Director of the State Board of Elections, who shall
perform all duties imposed upon him by statute and such duties as
might be assigned to him by the State Board of Election
[Elections]. (1973, c. 1272, s. 4.)
§ 163-27. Executive Secretary-Director to be appointed by
Board.
The appointment of the Executive Secretary-Director of the
State Board of Elections is extended to May 15, 1989, unless
removed for proper cause, and thereafter the Board shall appoint
an Executive Secretary-Director for a term of four years with
compensation to be determined by the Department of Personnel. He
shall serve, unless removed for cause, until his successor is
appointed. Such Executive Secretary-Director shall be responsible
for staffing, administration, execution of the Board's decisions
and orders and shall perform such other responsibilities as may
be assigned by the Board. In the event of a vacancy, the vacancy
shall be filled for the remainder of the term. (1973, c. 1409, s.
3; 1985, c. 62, s. 2.)
§ 163-27.1. Emergency powers.
The Executive Secretary-Director, as chief State elections
official, may exercise emergency powers to conduct an election in
a district where the normal schedule for the election is
disrupted by any of the following:
(1) A natural disaster.
(2) Extremely inclement weather.
(3) An armed conflict involving United States armed
forces, or mobilization of those forces, including
State National Guard and reserve components.
In exercising those emergency powers, the Executive Secretary-
Director shall avoid unnecessary conflict with the provisions of
this Chapter. The Executive Secretary-Director shall adopt rules
describing the emergency powers and the situations in which the
emergency powers will be exercised. (1999-455, s. 23.)
§ 163-28. State Board of Elections independent agency.
The State Board of Elections shall be and remain an
independent regulatory and quasi-judicial agency and shall not be
placed within any principal administrative department. The State
Board of Elections shall exercise its statutory powers, duties,
functions, authority, and shall have all powers and duties
conferred upon the heads of principal departments under G.S. 143B-
10. (1973, c. 1409, s. 2.)
Article 4.
County Boards of Elections.
§ 163-30. County boards of elections; appointments; terms of
office; qualifications; vacancies; oath of office;
instructional meetings.
In every county of the State there shall be a county board
of elections, to consist of three persons of good moral character
who are registered voters in the county in which they are to act.
Members of county boards of elections shall be appointed by the
State Board of Elections on the last Tuesday in June 1985, and
every two years thereafter, and their terms of office shall
continue for two years from the specified date of appointment and
until their successors are appointed and qualified. Not more than
two members of the county board of elections shall belong to the
same political party.
No person shall be eligible to serve as a member of a county
board of elections who holds any elective office under the
government of the United States, or of the State of North
Carolina or any political subdivision thereof.
No person who holds any office in a state, congressional
district, county or precinct political party or organization, or
who is a campaign manager or treasurer of any candidate or
political party in a primary or election, shall be eligible to
serve as a member of a county board of elections, provided
however that the position of delegate to a political party
convention shall not be considered an office for the purpose of
this section.
No person shall be eligible to serve as a member of a county
board of elections who is a candidate for nomination or election.
No person shall be eligible to serve as a member of a county
board of elections who is the wife, husband, son, son-in-law,
daughter, daughter-in-law, mother, mother-in-law, father, father-
in-law, sister, sister-in-law, brother, brother-in-law, aunt,
uncle, niece, or nephew of any candidate for nomination or
election. Upon any member of the board of elections becoming
ineligible, that member's seat shall be declared vacant. This
paragraph only applies if the county board of elections is
conducting the election for which the relative is a candidate.
The State chairman of each political party shall have the
right to recommend to the State Board of Elections three
registered voters in each county for appointment to the board of
elections for that county. If such recommendations are received
by the Board 15 or more days before the last Tuesday in June
1985, and each two years thereafter, it shall be the duty of the
State Board of Elections to appoint the county boards from the
names thus recommended.
Whenever a vacancy occurs in the membership of a county board
of elections for any cause the State chairman of the political
party of the vacating member shall have the right to recommend
two registered voters of the affected county for such office, and
it shall be the duty of the State Board of Elections to fill the
vacancy from the names thus recommended.
At the meeting of the county board of elections required by
G.S. 163-31 to be held on Tuesday following the third Monday in
July in the year of their appointment the members shall take the
following oath of office:
"I, _________, do solemnly swear (or affirm) that
I will support the Constitution of the United States;
that I will be faithful and bear true allegiance to the
State of North Carolina and to the constitutional
powers and authorities which are or may be established
for the government thereof; that I will endeavor to
support, maintain and defend the Constitution of said
State, not inconsistent with the Constitution of the
United States; and that I will well and truly execute
the duties of the office of member of the __________
County Board of Elections to the best of my knowledge
and ability, according to law; so help me God."
Each member of the county board of elections shall attend each
instructional meeting held pursuant to G.S. 163-46, unless
excused for good cause by the chairman of the board, and shall be
paid the sum of twenty-five dollars ($25.00) per day for
attending each of those meetings. (1901, c. 89, ss. 6, 11; Rev.,
ss. 4303, 4304, 4305; 1913, c. 138; C.S., ss. 5924, 5925, 5926;
1921, c. 181, s. 1; 1923, c. 111, s. 1; c. 196; 1933, c. 165, s.
2; 1941, c. 305, s. 1; 1945, c. 758, ss. 1, 2; 1949, c. 672, s.
1; 1953, c. 410, ss. 1, 2; c. 1191, s. 2; 1955, c. 871, s. 1;
1957, c. 182, s. 1; 1959, c. 1203, s. 1; 1967, c. 775, s. 1;
1969, c. 208, s. 1; 1973, c. 793, s. 7; c. 1094; c. 1344, s. 4;
1975, c. 19, s. 66; c. 159, s. 1; 1981, c. 954, s. 1; 1983, c.
617, ss. 1, 2; 1985, c. 472, s. 4; 1997-211, s. 1.)
§ 163-31. Meetings of county boards of elections; quorum;
minutes.
In each county of the State the members of the county
board of elections shall meet at the courthouse or board office
at noon on the Tuesday following the third Monday in July in the
year of their appointment by the State Board of Elections and,
after taking the oath of office provided in G.S. 163-30, they
shall organize by electing one member chairman and another member
secretary of the county board of elections. On the Tuesday
following the third Monday in August of the year in which they
are appointed the county board of elections shall meet and
appoint precinct chief judges and judges of elections. The board
may hold other meetings at such times as the chairman of the
board, or any two members thereof, may direct, for the
performance of duties prescribed by law. A majority of the
members shall constitute a quorum for the transaction of board
business. The chairman shall notify, or cause to be notified, all
members regarding every meeting to be held by the board.
The county board of elections shall keep minutes recording all
proceedings and findings at each of its meetings. The minutes
shall be recorded in a book which shall be kept in the board
office and it shall be the responsibility of the secretary,
elected by the board, to keep the required minute book current
and accurate. The secretary of the board may designate the
director of elections to record and maintain the minutes under
his supervision. (1901, c. 89, s. 11; Rev., ss. 4304, 4306; C.S.,
ss. 5925, 5927; 1921, c. 181, s. 2; 1923, c. 111, s. 1; 1927, c.
260, s. 1; 1933, c. 165, s. 2; 1941, c. 305, s. 1; 1945, c. 758,
s. 2; 1953, c. 410, s. 1; c. 1191, s. 2; 1957, c. 182, s. 1;
1959, c. 1203, s. 1; 1966, Ex. Sess., c. 5, s. 2; 1967, c. 775,
s. 1; 1969, c. 208, s. 2; 1975, c. 159, s. 2; 1977, c. 626; 1983,
c. 617, s. 3; 1993 (Reg. Sess., 1994), c. 762, s. 13; 1995, c.
243, s. 1.)
§ 163-32. Compensation of members of county boards of
elections.
In full compensation of their services, members of the
county board of elections (including the chairman) shall be paid
by the county twenty-five dollars ($25.00) per meeting for the
time they are actually engaged in the discharge of their duties,
together with reimbursement of expenditures necessary and
incidental to the discharge of their duties; provided that
members are not entitled to be compensated for more than one
meeting held in any one 24-hour period. In its discretion, the
board of county commissioners of any county may pay the chairman
and members of the county board of elections compensation in
addition to the per meeting and expense allowance provided in
this paragraph.
In all counties the board of elections shall pay its clerk,
assistant clerks, and other employees such compensation as it
shall fix within budget appropriations. Counties which adopt full-
time and permanent registration shall have authority to pay
directors of elections whatever compensation they may fix within
budget appropriations. (1901, c. 89, s. 11; Rev., s. 4303; C.S.,
s. 5925; 1923, c. 111, s. 1; 1933, c. 165, s. 2; 1941, c. 305, s.
1; 1945, c. 758, s. 2; 1953, c. 410, s. 1; c. 843; c. 1191, s. 2;
1955, c. 800; 1957, c. 182, s. 1; 1959, c. 1203, s. 1; 1963, c.
303, s. 1; 1967, c. 775, s. 1; 1971, c. 1166, s. 1; 1973, c. 793,
s. 8; c. 1344, s. 5; 1977, c. 626, s. 1; 1991, c. 338, s. 1; 1993
(Reg. Sess., 1994), c. 762, s. 14; 1995, c. 243, s. 1.)
§ 163-33. Powers and duties of county boards of elections.
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 or the rules
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.
(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 or the rules 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. (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).)
§ 163-33.1. Power of chairman to administer oaths.
The chairman of the county board of elections is
authorized to administer to election officials specified in G.S.
163-80 the required oath, and may also administer the required
oath to witnesses appearing before the county board at a duly
called public hearing. (1981, c. 154.)
§ 163-33.2. Chairman and county board to examine voting
machines.
Prior to each primary and general election the chairman
and members of the county board of elections, in counties where
voting machines are used, shall test vote, in a reasonable number
of combinations, no less than ten percent (10%) of all voting
machines programmed for each primary or election, such machines
to be selected at random by the board after programming has been
completed, and further, the board shall record the serial numbers
of the machines test voted in the official minutes of the board.
In the alternative, the board may cause the test voting required
herein to be performed by persons qualified to program and test
voting equipment. (1981, c. 303.)
§ 163-34. Power of county board of elections to maintain
order.
Each county board of elections shall possess full power to
maintain order, and to enforce obedience to its lawful commands
during its sessions, and shall be constituted an inferior court
for that purpose. If any person shall refuse to obey the lawful
commands of any county board of elections, or by disorderly
conduct in its hearing or presence shall interrupt or disturb its
proceedings, it may, by an order in writing, signed by its
chairman, and attested by its secretary, commit the person so
offending to the common jail of the county for a period not
exceeding 30 days. Such order shall be executed by any sheriff or
constable to whom the same shall be delivered, or if a sheriff or
constable shall not be present, or shall refuse to act, by any
other person who shall be deputed by the county board of
elections in writing, and the keeper of the jail shall receive
the person so committed and safely keep him for such time as
shall be mentioned in the commitment: Provided, that any person
committed under the provisions of this section shall have the
right to post a two hundred dollar ($200.00) bond with the clerk
of the superior court and appeal to the superior court for a
trial on the merits of his commitment. (1901, c. 89, s. 72; Rev.,
s. 4376; C. S., s. 5977; 1955, c. 871, s. 4; 1967, c. 775, s. 1.)
§ 163-35. Director of elections to county board of elections;
appointment; compensation; duties; dismissal.
(a)In the event a vacancy occurs in the office of county
director of elections in any of the county boards of elections in
this State, the county board of elections shall submit the name
of the person it recommends to fill the vacancy, in accordance
with provisions specified in this section, to the Executive
Secretary-Director of the State Board of Elections who shall
issue a letter of appointment. A person shall not serve as a
director of elections if he:
(1) Holds any elective public office;
(2) Is a candidate for any office in a primary or
election;
(3) Holds any office in a political party or committee
thereof;
(4) Is a campaign chairman or finance chairman for any
candidate for public office or serves on any
campaign committee for any candidate;
(5) Has been convicted of a felony in any court unless
his rights of citizenship have been restored
pursuant to the provisions of Chapter 13 of the
General Statutes of North Carolina;
(6) Has been removed at any time by the State Board of
Elections following a public hearing; or
(7) Is a member or a spouse, child, spouse of child,
parent, sister, or brother of a member of the county
board of elections by whom he would be employed.
(b) Appointment, Duties; Termination. – Upon receipt of a
nomination from the county board of elections stating that the
nominee for director of elections is submitted for appointment
upon majority selection by the county board of elections the
Executive Secretary-Director shall issue a letter of appointment
of such nominee to the chairman of the county board of elections
within 10 days after receipt of the nomination. Thereafter, the
county board of elections shall enter in its official minutes the
specified duties, responsibilities and designated authority
assigned to the director by the county board of elections. A copy
of the specified duties, responsibilities and designated
authority assigned to the director shall be filed with the State
Board of Elections.
The county board of elections may, by petition signed by a
majority of the board, recommend to the Executive Secretary-
Director of the State Board of Elections the termination of the
employment of the county board's director of elections. The
petition shall clearly state the reasons for termination. Upon
receipt of the petition, the Executive Secretary-Director shall
forward a copy of same by certified mail, return receipt
requested, to the county director of elections involved. The
county director of elections may reply to said petition within 15
days of receipt thereof. Within 20 days of receipt of the county
director of elections' reply or the expiration of the time period
allowed for the filing of said reply, the State Executive
Secretary-Director shall render a decision as to the termination
or retention of the county director of elections. The decision of
the Executive Secretary-Director of the State Board of Elections
shall be final unless such decision shall, within 20 days from
the official date on which it was made, be deferred by the State
Board of Elections, in which event a public hearing shall be
conducted by said State Board or any single member designated by
the remaining four members, in the county seat of the county
involved. Following the conduct of such public hearing and a
decision by the State Board of Elections, the chairman of said
Board shall notify the Executive Secretary-Director of the State
Board of Elections, in writing, of the decision resulting from
the public hearing. If the decision, rendered by the State Board
of Elections, results in concurrence with the decision entered by
the Executive Secretary-Director, the decision becomes final. If
the decision rendered by the Board is contrary to that entered by
the Executive Secretary-Director, then the Executive Secretary-
Director shall, within 15 days from the written notification,
enter an amended decision consistent with the results of the
decision by the State Board of Elections. The employment of any
director of elections presently employed or hereafter employed
shall not be terminated except in compliance with the procedures
herein prescribed. For the purposes of this subsection the
individual designated by the remaining four members of the State
Board shall possess the same authority conferred upon the
chairman pursuant to G.S. 163-23.
(c) (Effective until July 1, 2000) Compensation of
Directors of Elections. – Compensation paid to directors of
elections in all counties maintaining full-time registration
(five days per week) shall be in the form of a salary in an
amount recommended by the county board of elections and approved
by the Board of County Commissioners and shall be commensurate
with the salary paid to directors in counties similarly situated
and similar in population and number of registered voters.
Beginning July 1, 1991, in any county operating under modified
registration PLAN A, B, C, or D, the Board of County
Commissioners shall compensate the director of elections at a
minimum rate of eight dollars ($8.00) per hour for hours worked
in attendance to his or her duties as prescribed by law,
including rules and regulations adopted by the State Board of
Elections. In addition, the county shall pay to the director an
hourly wage of at least eight dollars ($8.00) per hour for all
hours worked in excess of those prescribed in rules and
regulations adopted by the State Board of Elections, when such
additional hours have been approved by the county board of
elections and such approval has been recorded in the official
minutes of the county board of elections.
In addition to the compensation provided for herein, the
director of elections to the county board of elections shall be
granted the same vacation leave, sick leave, and petty leave as
granted to all other county employees. It shall also be the
responsibility of the Board of County Commissioners to
appropriate sufficient funds to compensate a replacement for the
director of elections when authorized leave is taken.
(c) (Effective July 1, 2000) Compensation of Directors
of Elections. – Compensation paid to directors of elections in
all counties maintaining full-time registration (five days per
week) shall be in the form of a salary in an amount recommended
by the county board of elections and approved by the Board of
County Commissioners and shall be commensurate with the salary
paid to directors in counties similarly situated and similar in
population and number of registered voters.
The Board of County Commissioners in each county, whether or
not the county maintains full-time or modified full-time
registration, shall compensate the director of elections at a
minimum rate of twelve dollars ($12.00) per hour for hours worked
in attendance to his or her duties as prescribed by law,
including rules and regulations adopted by the State Board of
Elections. In addition, the county shall pay to the director an
hourly wage of at least twelve dollars ($12.00) per hour for all
hours worked in excess of those prescribed in rules and
regulations adopted by the State Board of Elections, when such
additional hours have been approved by the county board of
elections and such approval has been recorded in the official
minutes of the county board of elections.
In addition to the compensation provided for herein, the
director of elections to the county board of elections shall be
granted the same vacation leave, sick leave, and petty leave as
granted to all other county employees. It shall also be the
responsibility of the Board of County Commissioners to
appropriate sufficient funds to compensate a replacement for the
director of elections when authorized leave is taken.
(d) Duties. – The director of elections may be empowered by
the county board of elections to perform such administrative
duties as might be assigned by the board and the chairman. In
addition, the director of elections may be authorized by the
chairman to execute the responsibilities devolving upon the
chairman provided such authorization by any chairman shall in no
way transfer the responsibility for compliance with the law. The
chairman shall remain liable for proper execution of all matters
specifically assigned to him by law.
The county board of elections shall have authority, by
resolution adopted by majority vote, to delegate to its director
of elections so much of the administrative detail of the election
functions, duties, and work of the board, its officers and
members, as is now, or may hereafter be vested in the board or
its members as the county board of elections may see fit:
Provided, that the board shall not delegate to a director of
elections any of its quasi-judicial or policy-making duties and
authority. Within the limitations imposed upon him by the
resolution of the county board of elections the acts of a
properly appointed director of elections shall be deemed to be
the acts of the county board of elections, its officers and
members. (1953, c. 843; 1955, c. 800; 1963, c. 303, s. 1; 1967,
c. 775, s. 1; 1971, c. 1166, s. 2; 1973, c. 859, s. 1; 1975, c.
211, ss. 1, 2; c. 713; 1977, c. 265, s. 21; c. 626, s. 1; c.
1129, s. 1; 1981, cc. 84, 221; 1983, c. 697; 1985, c. 763; 1991,
c. 338, s. 2; 1993 (Reg. Sess., 1994), c. 762, s. 16; 1995, c.
243, s. 1; 1999-426, s. 7(a).)
§ 163-36. Modified full-time offices.
The State Board of Elections shall promulgate rules
permitting counties that have fewer than 6,501 registered voters
to operate a modified full-time elections office to the extent
that the operation of a full-time office is not necessary.
Nothing in this section shall preclude any county from keeping an
elections office open at hours consistent with the hours observed
by other county offices. (1993 (Reg. Sess., 1994), c. 762, s. 6;
1999-426, s. 8(a).)
§ 163-36. (V2)(Effective July 1, 2000) Modified full-time
offices.
The State Board of Elections shall promulgate rules
permitting counties that have fewer than 6,501 registered voters
to operate a modified full-time elections office to the extent
that the operation of a full-time office is not necessary.
Nothing in this section shall preclude any county from keeping an
elections office open at hours consistent with the hours observed
by other county offices. (1993 (Reg. Sess., 1994), c. 762, s. 6;
1999-426, s. 8(a).)
§ 163-37. Duty of county board of commissioners.
The respective boards of county commissioners shall
appropriate reasonable and adequate funds necessary for the legal
functions of the county board of elections, including reasonable
and just compensation of the director of elections. (1999-424, s.
3(a).)
SUBCHAPTER II. ELECTION OFFICERS.
Article 4A.
Political Activities by Board of Elections Members.
§ 163-38. Applicability of Article.
This Article applies to members of the State Board of
Elections and of each county and municipal board of elections.
With regard to prohibitions in this Article concerning
candidates, referenda, and committees, the prohibitions do not
apply if the candidate or referendum will not be on the ballot in
an area within the jurisdiction of the board, or if the political
committee or referendum committee is not involved with an
election or referendum that will be on the ballot in an area
within the jurisdiction of the board. (2000-114, s. 1.)
§ 163-39. Limitation on political activities.
No individual subject to this Article shall:
(1) Make written or oral statements intended for general
distribution or dissemination to the public at large
supporting or opposing the nomination or election of
one or more clearly identified candidates for public
office.
(2) Make written or oral statements intended for general
distribution or dissemination to the public at large
supporting or opposing the passage of one or more
clearly identified referendum proposals.
(3) Solicit contributions for a candidate, political
committee, or referendum committee.
Individual expressions of opinion, support, or opposition not
intended for general public distribution shall not be deemed a
violation of this Article. Nothing in this Article shall be
deemed to prohibit participation in a political party convention
as a delegate. Nothing in this Article shall be deemed to
prohibit a board member from making a contribution to a
candidate, political committee, or referendum committee. (2000-
114, s. 1.)
§ 163-40. Violation may be ground for removal.
A violation of this Article may be a ground to remove a
State Board of Elections member under G.S. 143B-16, a county
board of elections member under G.S. 163-22(c), or a municipal
board of elections member under G.S. 163-280(i). No criminal
penalty shall be imposed for a violation of this Article. (2000-
114, s. 1.)
§ 163-40.1. Definitions.
The provisions of Article 22A of this Chapter apply to the
definition and proof of terms used in this Article. (2000-114, s.
1.)
Article 5.
Precinct Election Officials.
§ 163-41. Precinct chief judges and judges of election;
appointment; terms of office; qualifications; vacancies;
oaths of office.
(a)Appointment of Chief Judge and Judges. – At the meeting
required by G.S. 163-31 to be held on the Tuesday following the
third Monday in August of the year in which they are appointed,
the county board of elections shall appoint one person to act as
chief judge and two other persons to act as judges of election
for each precinct in the county. Their terms of office shall
continue for two years from the specified date of appointment and
until their successors are appointed and qualified, except that
if a nonresident of the precinct is appointed as chief judge or
judge for a precinct, that person's term of office shall end if
the board of elections appoints a qualified resident of the
precinct of the same party to replace the nonresident chief judge
or judge. It shall be their duty to conduct the primaries and
elections within their respective precincts. Persons appointed to
these offices must be registered voters and residents of the
county in which the precinct is located, of good repute, and able
to read and write. Not more than one judge in each precinct
shall belong to the same political party as the chief judge.
The term "precinct official" shall mean chief judges and
judges appointed pursuant to this section, and all assistants
appointed pursuant to G.S. 163-42, unless the context of a
statute clearly indicates a more restrictive meaning.
No person shall be eligible to serve as a precinct official,
as that term is defined above, who holds any elective office
under the government of the United States, or of the State of
North Carolina or any political subdivision thereof.
No person shall be eligible to serve as a precinct official
who is a candidate for nomination or election.
No person shall be eligible to serve as a precinct official
who holds any office in a state, congressional district, county,
or precinct political party or political organization, or who is
a manager or treasurer for any candidate or political party,
provided however that the position of delegate to a political
party convention shall not be considered an office for the
purpose of this subsection.
The chairman of each political party in the county where
possible shall recommend two registered voters in each precinct
who are otherwise qualified, are residents of the precinct, have
good moral character, and are able to read and write, for
appointment as chief judge in the precinct, and he shall also
recommend where possible the same number of similarly qualified
voters for appointment as judges of election in that precinct. If
such recommendations are received by the county board of
elections no later than the fifth day preceding the date on which
appointments are to be made, it must make precinct appointments
from the names of those recommended. Provided that if only one
name is submitted by the fifth day preceding the date on which
appointments are to be made, by a party for judge of election by
the chairman of one of the two political parties in the county
having the greatest numbers of registered voters in the State,
the county board of elections must appoint that person.
If the recommendations of the party chairs for chief judge or
judge in a precinct are insufficient, the county board of
elections by unanimous vote of all of its members may name to
serve as chief judge or judge in that precinct registered voters
in that precinct who were not recommended by the party chairs.
If, after diligently seeking to fill the positions with
registered voters of the precinct, the county board still has an
insufficient number of officials for the precinct, the county
board by unanimous vote of all of its members may appoint to the
positions registered voters in other precincts in the same county
who meet the qualifications other than residence to be precinct
officials in the precinct, provided that where possible the
county board shall seek and adopt the recommendation of the
county chairman of the political party affected. In making its
appointments, the county board shall assure, wherever possible,
that no precinct has a chief judge and judges all of whom are
registered with the same party. In no instance shall the county
board appoint nonresidents of the precinct to a majority of the
three positions of chief judge and judge in a precinct.
If, at any time other than on the day of a primary or
election, a chief judge or judge of election shall be removed
from office, or shall die or resign, or if for any other cause
there be a vacancy in a precinct election office, the chairman of
the county board of elections shall appoint another in his place,
promptly notifying him of his appointment. If at all possible,
the chairman of the county board of elections shall consult with
the county chairman of the political party of the vacating
official, and if the chairman of the county political party
nominates a qualified voter of that precinct to fill the vacancy,
the chairman of the county board of elections shall appoint that
person. In filling such a vacancy, the chairman shall appoint a
person who belongs to the same political party as that to which
the vacating member belonged when appointed. If the chairman of
the county board of elections did not appoint a person upon
recommendation of the chairman of the party to fill such a
vacancy, then the term of office of the person appointed to fill
the vacancy shall expire upon the conclusion of the next canvass
held by the county board of elections under this Chapter, and any
successor must be a person nominated by the chairman of the party
of the vacating officer.
If any person appointed chief judge shall fail to be present
at the voting place at the hour of opening the polls on primary
or election day, or if a vacancy in that office shall occur on
primary or election day for any reason whatever, the precinct
judges of election shall appoint another to act as chief judge
until such time as the chairman of the county board of elections
shall appoint to fill the vacancy. If such appointment by the
chairman of the county board of elections is not a person
nominated by the county chairman of the political party of the
vacating officer, then the term of office of the person appointed
to fill the vacancy shall expire upon the conclusion of the next
canvass held by the county board of elections under this Chapter.
If a judge of election shall fail to be present at the voting
place at the hour of opening the polls on primary or election
day, or if a vacancy in that office shall occur on primary or
election day for any reason whatever, the chief judge shall
appoint another to act as judge until such time as the chairman
of the county board of elections shall appoint to fill the
vacancy. Persons appointed to fill vacancies shall, whenever
possible, be chosen from the same political party as the person
whose vacancy is being filled, and all such appointees shall be
sworn before acting.
As soon as practicable, following their training as prescribed
in G.S. 163-82.24, each chief judge and judge of election shall
take and subscribe the following oath of office to be
administered by an officer authorized to administer oaths and
file it with the county board of elections:
"I, __________, do solemnly swear (or affirm) that I will
support the Constitution of the United States; that I will be
faithful and bear true allegiance to the State of North Carolina,
and to the constitutional powers and authorities which are or may
be established for the government thereof; that I will endeavor
to support, maintain and defend the Constitution of said State
not inconsistent with the Constitution of the United States; that
I will administer the duties of my office as chief judge of
(judge of election in) ______precinct, __________County, without
fear or favor; that I will not in any manner request or seek to
persuade or induce any voter to vote for or against any
particular candidate or proposition; and that I will not keep or
make any memorandum of anything occurring within a voting booth,
unless I am called upon to testify in a judicial proceeding for a
violation of the election laws of this State; so help me, God."
Notwithstanding the previous paragraph, a person appointed
chief judge by the judges of election under this section, or
appointed judge of election by the chief judge under this section
may take the oath of office immediately upon appointment.
Before the opening of the polls on the morning of the primary
or election, the chief judge shall administer the oath set out in
the preceding paragraph to each assistant, and any judge of
election not previously sworn, substituting for the words "chief
judge of" the words "assistant in" or "judge of election in"
whichever is appropriate.
(b) Special Registration Commissioners Abolished; Optional
Training. – The office of special registration commissioner is
abolished. The State Board of Elections and county boards of
elections may provide training to persons assisting in voter
registration.
(b1)Repealed by Session Laws 1985, c. 387, s. 1.1.
(c) Publication of Names of Precinct Officials. – Immediately
after appointing chief judges and judges as herein provided, the
county board of elections shall publish the names of the persons
appointed in some newspaper having general circulation in the
county or, in lieu thereof, at the courthouse door, and shall
notify each person appointed of his appointment, either by letter
or by having a notice served upon him by the sheriff. 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. (1901, c. 89, ss. 8, 9, 16; Rev., ss. 4307,
4308, 4309; C.S., ss. 5928, 5929, 5930; 1923, c. 111, s. 2; 1929,
c. 164, s. 18; 1933, c. 165, s. 3; 1947, c. 505, s. 2; 1953, c.
843; c. 1191, s. 3; 1955, c. 800; 1957, c. 784, s. 1; 1963, c.
303, s. 1; 1967, c. 775, s. 1; 1973, c. 435; c. 1223, s. 2; 1975,
c. 159, ss. 3, 4; c. 711; c. 807, s. 1; 1979, c. 766, s. 1; c.
782; 1981, c. 628, ss. 1, 2; c. 954, ss. 2, 4; 1981 (Reg. Sess.,
1982), c. 1265, s. 7; 1983, c. 617, s. 5; 1985, c. 387; c. 563,
ss. 9, 10; c. 600, s. 7.1; c. 759, ss. 7, 7.1, 8; 1987, c. 80; c.
491, s. 4.1; 1987 (Reg. Sess., 1988), c. 1028, s. 12; 1989, c.
93, s. 2; 1993 (Reg. Sess., 1994), c. 762, s. 3; 1995 (Reg.
Sess., 1996), c. 734, s. 1.)
§ 163-41.1. Certain relatives prohibited from serving
together.
(a)The following categories of relatives are prohibited
from serving as precinct officials of the same precinct: spouse,
child, spouse of a child, sister or brother.
(b) No precinct official who is the wife, husband, mother,
father, son, daughter, brother or sister of any candidate for
nomination or election may serve as precinct official during any
primary or election in which such candidate participates. The
county board of elections shall temporarily disqualify any such
official for the specific primary or election involved and shall
have authority to appoint a substitute official, from the same
political party, to serve only during the primary or election at
which such conflict exists. (1975, c. 745; 1979, c. 411, s. 2.)
§ 163-42. Assistants at polls; appointment; term of office;
qualifications; oath of office.
Each county and municipal board of elections is
authorized, in its discretion, to appoint two or more assistants
for each precinct to aid the chief judge and judges. Not more
than two assistants shall be appointed in precincts having 500 or
less registered voters. Assistants shall be qualified voters of
the county in which the precinct is located. When the board of
elections determines that assistants are needed in a precinct an
equal number shall be appointed from different political parties,
unless the requirement as to party affiliation cannot be met
because of an insufficient number of voters of different
political parties within the county.
In the discretion of the county board of elections, a precinct
assistant may serve less than the full day prescribed for chief
judges and judges in G.S. 163-47(a).
The chairman of each political party in the county shall have
the right to recommend from three to 10 registered voters in each
precinct for appointment as precinct assistants in that precinct.
If the recommendations are received by it no later than the
thirtieth day prior to the primary or election, the board shall
make appointments of the precinct assistants for each precinct
from the names thus recommended. If the recommendations of the
party chairs for precinct assistant in a precinct are
insufficient, the county board of elections by unanimous vote of
all of its members may name to serve as precinct assistant in
that precinct registered voters in that precinct who were not
recommended by the party chairs. If, after diligently seeking to
fill the positions with registered voters of the precinct, the
county board still has an insufficient number of precinct
assistants for the precinct, the county board by unanimous vote
of all of its members may appoint to the positions registered
voters in other precincts in the same county who meet the
qualifications other than residence to be precinct officials in
the precinct. In making its appointments, the county board shall
assure, wherever possible, that no precinct has precinct
officials all of whom are registered with the same party. In no
instance shall the county board appoint nonresidents of the
precinct to a majority of the positions as precinct assistant in
a precinct.
In addition, a county board of elections by unanimous vote of
all of its members may appoint any registered voter in the county
as emergency election-day assistant, as long as that voter is
otherwise qualified to be a precinct official. The State Board
of Elections shall determine for each election the number of
emergency election-day assistants each county may have, based on
population, expected turnout, and complexity of election duties.
The county board by unanimous vote of all of its members may
assign emergency election-day assistants on the day of the
election to any precinct in the county where the number of
precinct officials is insufficient because of an emergency
occurring within 48 hours of the opening of the polls that
prevents an appointed precinct official from serving. A person
appointed to serve as emergency election-day assistant shall be
trained and paid like other precinct assistants in accordance
with G.S. 163-46. A county board of elections shall apportion
the appointments as emergency election-day assistant among
registrants of each political party so as to make possible the
staffing of each precinct with officials of more than one party,
and the county board shall make assignments so that no precinct
has precinct officials all of whom are registered with the same
party.
Before entering upon the duties of the office, each assistant
shall take the oath prescribed in G.S. 163-41(a) to be
administered by the chief judge of the precinct for which the
assistant is appointed. Assistants serve for the particular
primary or election for which they are appointed, unless the
county board of elections appoints them for a term to expire on
the date appointments are to be made pursuant to G.S. 163-41.
(1929, c. 164, s. 35; 1933, c. 165, s. 24; 1953, c. 1191, s. 3;
1967, c. 775, s. 1; 1973, c. 793, s. 95; c. 1359, ss. 1-3; 1975,
c. 19, s. 67; 1977, c. 95, ss. 1, 2; 1981, c. 954, s. 3; 1983, c.
617, s. 4; 1985, c. 563, ss. 8, 8.1; 1993 (Reg. Sess., 1994), c.
762, s. 17; 1995 (Reg. Sess., 1996), c. 554, s. 1; c. 734, s. 2.)
§ 163-43. Ballot counters; appointment; qualifications; oath
of office.
The county board of elections of any county may authorize
the use of precinct ballot counters to aid the chief judges and
judges of election in the counting of ballots in any precinct or
precincts within the county. The county board of elections shall
appoint the ballot counters it authorizes for each precinct or,
in its discretion, the board may delegate authority to make such
appointments to the precinct chief judge, specifying the number
of ballot counters to be appointed for each precinct. A ballot
counter must be a resident of the county in which the precinct is
located.
No person shall be eligible to serve as a ballot counter, who
holds any elective office under the government of the United
States, or of the State of North Carolina or any political
subdivision thereof.
No person shall be eligible to serve as a ballot counter, who
serves as chairman of a state, congressional district, county, or
precinct political party or political organization.
No person who is the wife, husband, mother, father, son,
daughter, brother or sister of any candidate for nomination or
election may serve as ballot counter during any primary or
election in which such candidate qualifies.
No person shall be eligible to serve as a ballot counter who
is a candidate for nomination or election.
Upon acceptance of appointment, each ballot counter shall
appear before the precinct chief judge at the voting place
immediately at the close of the polls on the day of the primary
or election and take the following oath to be administered by the
chief judge:
"I, ___________, do solemnly swear (or affirm) that I will
support the Constitution of the United States; that I will be
faithful and bear true allegiance to the State of North Carolina,
and to the constitutional powers and authorities which are or may
be established for the government thereof; that I will endeavor
to support, maintain and defend the Constitution of said State
not inconsistent with the Constitution of the United States; that
I will honestly discharge the duties of ballot counter in ______
precinct, __________County for primary (or election) held this
day, and that I will fairly and honestly tabulate the votes cast
in said primary (or election); so help me, God."
The names and addresses of all ballot counters serving in any
precinct, whether appointed by the county board of elections or
by the chief judge, shall be reported by the chief judge to the
county board of elections at the county canvass following the
primary or election. (1953, c. 843; 1955, c. 800; 1963, c. 303,
s. 1; 1967, c. 775, s. 1; 1981, c. 954, s. 5; 1985, c. 563, s.
10.1; 1993 (Reg. Sess., 1994), c. 762, s. 18; 1995 (Reg. Sess.,
1996), c. 734, s. 3.)
§ 163-44. Repealed by Session Laws 1973, c. 793, s. 13.
§ 163-45. Observers; appointment.
The chairman of each political party in the county shall
have the right to designate two observers to attend each voting
place at each primary and election and such observers may, at the
option of the designating party chairman, be relieved during the
day of the primary or election after serving no less than four
hours and provided the list required by this section to be filed
by each chairman contains the names of all persons authorized to
represent such chairman's political party. Not more than two
observers from the same political party shall be permitted in the
voting enclosure at any time. This right shall not extend to the
chairman of a political party during a primary unless that party
is participating in the primary. In any election in which an
unaffiliated candidate is named on the ballot, the candidate or
the candidate's campaign manager shall have the right to appoint
two observers for each voting place consistent with the
provisions specified herein. Persons appointed as observers must
be registered voters of the county for which appointed and must
have good moral character. Observers shall take no oath of
office.
Individuals authorized to appoint observers must submit in
writing to the chief judge of each precinct a signed list of the
observers appointed for that precinct. Individuals authorized to
appoint observers must, prior to 10:00 A.M. on the fifth day
prior to any primary or general election, submit in writing to
the chairman of the county board of elections two signed copies
of a list of observers appointed by them, designating the
precinct for which each observer is appointed. Before the
opening of the voting place on the day of a primary or general
election, the chairman shall deliver one copy of the list to the
chief judge for each affected precinct. He shall retain the
other copy. The chairman, or the chief judge and judges for each
affected precinct, may for good cause reject any appointee and
require that another be appointed. The names of any persons
appointed in place of those persons rejected shall be furnished
in writing to the chief judge of each affected precinct no later
than the time for opening the voting place on the day of any
primary or general election, either by the chairman of the county
board of elections or the person making the substitute
appointment.
An observer shall do no electioneering at the voting place,
and he shall in no manner impede the voting process or interfere
or communicate with or observe any voter in casting his ballot,
but, subject to these restrictions, the chief judge and judges of
elections shall permit him to make such observation and take such
notes as he may desire.
Whether or not the observer attends to the polls for the
requisite time provided by this section, each observer shall be
entitled to obtain at times specified by the State Board of
Elections, but not less than three times during election day with
the spacing not less than one hour apart, a list of the persons
who have voted in the precinct so far in that election day.
Counties that use an "authorization to vote document" instead of
poll books may comply with the requirement in the previous
sentence by permitting each observer to inspect election records
so that the observer may create a list of persons who have voted
in the precinct so far that election day; each observer shall be
entitled to make the inspection at times specified by the State
Board of Elections, but not less than three times during election
day with the spacing not less than one hour apart. (1929, c. 164,
s. 36; 1953, c. 843; 1955, c. 800; c. 871, s. 7; 1959, c. 616, s.
2; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1973, c. 793, ss. 14,
94; 1977, c. 453; 1991, c. 727, s. 3; 1993 (Reg. Sess., 1994), c.
762, s. 19; 1995 (Reg. Sess., 1996), c. 688, s. 1; c. 734, s.
4.1.)
§ 163-46. Compensation of precinct officials and assistants.
The precinct chief judge shall be paid the state minimum
wage for his services on the day of a primary, special or general
election. Judges of election shall each be paid the state minimum
wage for their services on the day of a primary, special or
general election. Assistants, appointed pursuant to G.S. 163-42,
shall each be paid the state minimum wage for their services on
the day of a primary, special or general election. Ballot
counters appointed pursuant to G.S. 163-43 shall be paid a
minimum of five dollars ($5.00) for their services on the day of
a primary, general or special election.
Chief judges shall be paid the sum of twenty dollars ($20.00)
per day and judges shall be paid the sum of fifteen dollars
($15.00) per day for attendance at the county canvass, pursuant
to G.S. 163-173.
The chairman of the county board of elections, along with the
director of elections, shall conduct an instructional meeting
prior to each primary and general election which shall be
attended by each chief judge and judge of election, unless
excused by the chairman, and such precinct election officials
shall be paid the sum of fifteen dollars ($15.00) for attending
the instructional meetings required by this section.
In its discretion, the board of county commissioners of any
county may provide funds with which the county board of elections
may pay chief judges, judges, assistants, and ballot counters in
addition to the amounts specified in this section. Observers
shall be paid no compensation for their services.
A person appointed to serve as chief judge, or judge of
election when a previously appointed chief judge or judge fails
to appear at the voting place or leaves his post on the day of an
election or primary shall be paid the same compensation as the
chief judge or judge appointed prior to that date.
For the purpose of this section, the phrase "the State minimum
wage," means the amount set by G.S. 95-25.3(a). For the purpose
of this section, no other provision of Article 2A of Chapter 95
of the General Statutes shall apply. (1901, c. 89, s. 42; Rev.,
s. 4311; C.S., s. 5932; 1927, c. 260, s. 2; 1931, c. 254, s. 16;
1933, c. 165, s. 3; 1935, c. 421, s. 1; 1939, c. 264, s. 1; 1941,
c. 304, s. 1; 1945, c. 758, s. 3; 1947, c. 505, s. 11; 1951, c.
1009, s. 1; 1953, c. 843; 1955, c. 800; 1957, c. 182, s. 2; 1963,
c. 303, s. 1; 1967, c. 775, s. 1; 1969, c. 24; 1971, c. 604;
1973, c. 793, ss. 15, 16, 94; 1977, c. 626, s. 1; 1979, c. 403;
1981, c. 796, ss. 1, 2; 1993 (Reg. Sess., 1994), c. 762, s. 20;
1995, c. 243, s. 1.)
§ 163-47. Powers and duties of chief judges and judges of
election.
(a)The chief judges and judges of election shall conduct
the primaries and elections within their respective precincts
fairly and impartially, and they shall enforce peace and good
order in and about the place of registration and voting. On the
day of each primary and general and special election, the
precinct chief judge and judges shall remain at the voting place
from the time fixed by law for the commencement of their duties
there until they have completed all those duties, and they shall
not separate nor shall any one of them leave the voting place
except for unavoidable necessity.
(b) On the day of an election or primary, the chief judge
shall have charge of the registration list for the purpose of
passing on the registration of persons who present themselves at
the polls to vote.
(c) The chief judge and judges shall hear challenges of the
right of registered voters to vote as provided by law.
(d) The chief judge and judges shall count the votes cast in
their precincts and make such returns of the same as is provided
by law.
(e) The chief judge and judges shall make such an accounting
to the chairman of the county board of elections for ballots and
for election supplies as is required by law.
(f) The chief judge and judges of election shall act by a
majority vote on all matters not assigned specifically by law to
the chief judge or to a judge. (1901, c. 89, s. 41; Rev., s.
4312; C.S., s. 5933; 1933, c. 165, s. 3; 1939, c. 263, s. 31/2;
1947, c. 505, s. 3; 1967, c. 775, s. 1; 1973, c. 793, s. 17; 1993
(Reg. Sess., 1994), c. 762, s. 4.)
§ 163-48. Maintenance of order at place of registration and
voting.
The chief judge and judges of election shall enforce peace
and good order in and about the place of registration and voting.
They shall especially keep open and unobstructed the place at
which voters or persons seeking to register or vote have access
to the place of registration and voting. They shall prevent and
stop improper practices and attempts to obstruct, intimidate, or
interfere with any person in registering or voting. They shall
protect challenger and witnesses against molestation and violence
in the performance of their duties, and they may eject from the
place of registration or voting any challenger or witness for
violation of any provisions of the election laws. They shall
prevent riots, violence, tumult, or disorder.
In the discharge of the duties prescribed in the preceding
paragraph of this section, the chief judge and judges may call
upon the sheriff, the police, or other peace officers to aid them
in enforcing the law. They may order the arrest of any person
violating any provision of the election laws, but such arrest
shall not prevent the person arrested from registering or voting
if he is entitled to do so. The sheriff, police officers, and
other officers of the peace shall immediately obey and aid in the
enforcement of any lawful order made by the precinct election
officials in the enforcement of the election laws. The chief
judge and judges of election of any precinct, or any two of such
election officials, shall have the authority to deputize any
person or persons as police officers to aid in maintaining order
at the place of registration or voting. (1901, c. 89, s. 72;
Rev., s. 4376; C.S., s. 5977; 1955, c. 871, s. 4; 1967, c. 775,
s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 21.)
§§ 163-49 through 163-53. Reserved for future codification
purposes.
SUBCHAPTER III. QUALIFYING TO VOTE.
Article 6.
Qualifications of Voters.
§ 163-54. Registration a prerequisite to voting.
Only such persons as are legally registered shall be
entitled to vote in any primary or election held under this
Chapter. (1901, c. 89, s. 12; Rev., s. 4317; C. S., s. 5938;
1967, c. 775, s. 1.)
§ 163-55. Qualifications to vote; exclusion from electoral
franchise.
Every person born in the United States, and every person
who has been naturalized, and who shall have resided in the State
of North Carolina and in the precinct in which he offers to
register and vote for 30 days next preceding the ensuing
election, shall, if otherwise qualified as prescribed in this
Chapter, be qualified to register and vote in the precinct in
which he resides: Provided, that removal from one precinct to
another in this State shall not operate to deprive any person of
the right to vote in the precinct from which he has removed until
30 days after his removal.
The following classes of persons shall not be allowed to
register or vote in this State:
(1) Persons under 18 years of age.
(2) Any person adjudged guilty of a felony against this
State or the United States, or adjudged guilty of a
felony in another state that also would be a felony
if it had been committed in this State, unless that
person shall be first restored to the rights of
citizenship in the manner prescribed by law. (19th
amendt. U. S. Const.; amendt. State Const., 1920;
1901, c. 89, ss. 14, 15; Rev., ss. 4315, 4316; C.S.,
ss. 5936, 5937; Ex. Sess. 1920, c. 18, s. 1; 1933,
c. 165, s. 4; 1945, c. 758, s. 7; 1955, c. 871, s.
2; 1967, c. 775, s. 1; 1971, c. 1231, s. 1; 1973, c.
793, s. 18.)
§ 163-56. Repealed by Session Laws 1973, c. 793, s. 19.
§ 163-57. Residence defined for registration and voting.
All election officials in determining the residence of a
person offering to register or vote, shall be governed by the
following rules, so far as they may apply:
(1) That place shall be considered the residence of a
person in which his habitation is fixed, and to
which, whenever he is absent, he has the intention
of returning.
(2) A person shall not be considered to have lost his
residence who leaves his home and goes into another
state or county of this State, for temporary
purposes only, with the intention of returning.
(3) A person shall not be considered to have gained a
residence in any county of this State, into which he
comes for temporary purposes only, without the
intention of making such county his permanent place
of abode.
(4) If a person removes to another state or county
within this State, with the intention of making such
state or county his permanent residence, he shall be
considered to have lost his residence in the state
or county from which he has removed.
(5) If a person removes to another state or county
within this State, with the intention of remaining
there an indefinite time and making such state or
county his place of residence, he shall be
considered to have lost his place of residence in
this State or the county from which he has removed,
notwithstanding he may entertain an intention to
return at some future time.
(6) If a person goes into another state or county, or
into the District of Columbia, and while there
exercises the right of a citizen by voting in an
election, he shall be considered to have lost his
residence in this State or county.
(7) School teachers who remove to a county for the
purpose of teaching in the schools of that county
temporarily and with the intention or expectation of
returning during vacation periods to live in the
county in which their parents or other relatives
reside, and who do not have the intention of
becoming residents of the county to which they have
moved to teach, for purposes of registration and
voting shall be considered residents of the county
in which their parents or other relatives reside.
(8) If a person removes to the District of Columbia or
other federal territory to engage in the government
service, he shall not be considered to have lost his
residence in this State during the period of such
service unless he votes there, and the place at
which he resided at the time of his removal shall be
considered and held to be his place of residence.
(9) If a person removes to a county to engage in the
service of the State government, he shall not be
considered to have lost his residence in the county
from which he removed, unless he demonstrates a
contrary intention.
(10) For the purpose of voting a spouse shall be eligible
to establish a separate domicile.
(11) So long as a student intends to make his home in the
community where he is physically present for the
purpose of attending school while he is attending
school and has no intent to return to his former
home after graduation, he may claim the college
community as his domicile. He need not also intend
to stay in the college community beyond graduation
in order to establish his domicile there. This
subdivision is intended to codify the case law.
(19th amendt. U.S. Const.; amendt. State Const.,
1920; 1901, c. 89, s. 15; Rev., s. 4316; C.S., s.
5937; Ex. Sess. 1920, c. 18, s. 1; 1933, c. 165, s.
4; 1945, c. 758, s. 7; 1955, c. 871, s. 2; 1967, c.
775, s. 1; 1981, c. 184; 1991, c. 727, s. 5.1; 1993
(Reg. Sess., 1994), c. 762, s. 22.)
§ 163-58: Repealed by Session Laws 1985, c. 563, s. 3.
§ 163-59. Right to participate or vote in party primary.
No person shall be entitled to vote or otherwise
participate in the primary election of any political party unless
he
(1) Is a registered voter, and
(2) Has declared and has had recorded on the
registration book or record the fact that he
affiliates with the political party in whose primary
he proposes to vote or participate, and
(3) Is in good faith a member of that party.
Notwithstanding the previous paragraph, any unaffiliated voter
who is authorized under G.S. 163-116 may also vote in the primary
if the voter is otherwise eligible to vote in that primary except
for subdivisions (2) and (3) of the previous paragraph.
Any person who will become qualified by age or residence to
register and vote in the general election or regular municipal
election for which the primary is held, even though not so
qualified by the date of the primary, shall be entitled to
register for the primary and general or regular municipal
election prior to the primary and then to vote in the primary
after being registered. Such person may register not earlier than
60 days nor later than the last day for making application to
register under G.S. 163-82.6(c) prior to the primary. In
addition, persons who will become qualified by age to register
and vote in the general election or regular municipal election
for which the primary is held, who do not register during the
special period may register to vote after such period as if they
were qualified on the basis of age, but until they are qualified
by age to vote, they may vote only in primary elections. (1915,
c. 101, s. 5; 1917, c. 218; C.S., s. 6027; 1959, c. 1203, s. 6;
1967, c. 775, s. 1; 1971, c. 1166, s. 4; 1973, c. 793, s. 20;
1981, c. 33, s. 1; 1983, c. 324, s. 3; 1987, c. 408, s. 4; c.
457, s. 1; 1991 (Reg. Sess., 1992), c. 1032, s. 5; 1993 (Reg.
Sess., 1994), c. 762, s. 23.)
§§ 163-60 through 163-64. Reserved for future codification
purposes.
Article 7.
Registration of Voters.
§§ 163-65 through 163-82: Repealed by Session Laws 1993 (Reg.
Sess., 1994), c. 762, s. 1.
Article 7A.
Registration of Voters.
§ 163-82.1. General principles of voter registration.
(a)Prerequisite to Voting. – No person shall be permitted
to vote who has not been registered under the provisions of this
Article or registered as previously provided by law.
(b) County Board's Duty to Register. – A county board of
elections shall register, in accordance with this Article, every
person qualified to vote in that county who makes an application
in accordance with this Article.
(c) Permanent Registration. – Every person registered to vote
by a county board of elections in accordance with this Article
shall remain registered until:
(1) The registrant requests in writing to the county
board of elections to be removed from the list of
registered voters; or
(2) The registrant becomes disqualified through death,
conviction of a felony, or removal out of the
county; or
(3) The county board of elections determines, through
the procedure outlined in G.S. 163-82.14, that it
can no longer confirm where the voter resides.
(1953, c. 843; 1955, c. 800; 1963, c. 303, s. 1;
1965, c. 1116, s. 1; 1967, c. 775, s. 1; 1973, c.
793, s. 25; 1975, c. 395; 1981, c. 39, s. 1; c. 87,
s. 1; c. 308, s. 1; 1985, c. 211, ss. 1, 2; 1993
(Reg. Sess., 1994), c. 762, s. 2.)
§ 163-82.2. Chief State Election Official.
The Executive Secretary-Director of the State Board of
Elections is the "Chief State Election Official" of North
Carolina for purposes of P.L. 103-31, The National Voter
Registration Act of 1993, subsequently referred to in this
Article as the "National Voter Registration Act". As such the
Executive Secretary-Director is responsible for coordination of
State responsibilities under the National Voter Registration Act.
(1993 (Reg. Sess., 1994), c. 762, s. 2.)
§ 163-82.3. Voter registration application forms.
(a)Form Developed by State Board of Elections. – The State
Board of Elections shall develop an application form for voter
registration. Any person may use the form to apply to do any of
the following:
(1) Register to vote;
(2) Change party affiliation or unaffiliated status;
(3) Report a change of address within a county;
(4) Report a change of name.
The county board of elections for the county where the
applicant resides shall accept the form as application for any of
those purposes if the form is submitted as set out in G.S. 163-
82.3.
(b) Interstate Form. – The county board of elections where an
applicant resides shall accept as application for any of the
purposes set out in subsection (a) of this section the interstate
registration form designed by the Federal Election Commission
pursuant to section 9 of the National Voter Registration Act, if
the interstate form is submitted in accordance with G.S. 163-
82.6.
(c) Agency Application Form. – The county board of elections
where an applicant resides shall accept as application for any of
the purposes set out in subsection (a) of this section a form
developed pursuant to G.S. 163-82.19 or G.S. 163-82.20. (1991
(Reg. Sess., 1992), c. 1044, s. 18(a); 1993, c. 74, s. 1; 1993
(Reg. Sess., 1994), c. 762, s. 2.)
§ 163-82.4. Contents of application form.
(a)(Effective until January 1, 2002) Information
Requested of Applicant. – The form required by G.S. 163-82.3(a)
shall request the applicant's:
(1) Name,
(2) Date of birth,
(3) Residence address,
(4) County of residence,
(5) Date of application,
(6) Gender,
(7) Race,
(8) Political party affiliation, if any, in accordance
with subsection (c) of this section,
(9) Telephone number (to assist the county board of
elections in contacting the voter if needed in
processing the application),
and any other information the State Board finds is necessary to
enable officials of the county where the person resides to
satisfactorily process the application. The form shall require
the applicant to state whether currently registered to vote
anywhere, and at what address, so that any prior registration can
be cancelled. The county board shall make a diligent effort to
complete for the registration records any information requested
on the form that the applicant does not complete, but no
application shall be denied because an applicant does not state
race, gender, or telephone number. The application shall
conspicuously state that provision of the applicant's telephone
number is optional. If the county board maintains voter records
on computer, the free list provided under this subsection shall
include telephone numbers if the county board enters the
telephone number into its computer records of voters.
(a) (Effective January 1, 2002) Information Requested
of Applicant. – The form required by G.S. 163-82.3(a) shall
request the applicant's:
(1) Name,
(2) Date of birth,
(3) Residence address,
(4) County of residence,
(5) Date of application,
(6) Gender,
(7) Race,
(7a) Ethnicity,
(8) Political party affiliation, if any, in accordance
with subsection (c) of this section,
(9) Telephone number (to assist the county board of
elections in contacting the voter if needed in
processing the application),
and any other information the State Board finds is necessary to
enable officials of the county where the person resides to
satisfactorily process the application. The form shall require
the applicant to state whether currently registered to vote
anywhere, and at what address, so that any prior registration can
be cancelled. The portions of the form concerning race and
ethnicity shall include as a choice any category shown by the
most recent decennial federal census to compose at least one
percent (1%) of the total population of North Carolina. The
county board shall make a diligent effort to complete for the
registration records any information requested on the form that
the applicant does not complete, but no application shall be
denied because an applicant does not state race, ethnicity,
gender, or telephone number. The application shall conspicuously
state that provision of the applicant's telephone number is
optional. If the county board maintains voter records on
computer, the free list provided under this subsection shall
include telephone numbers if the county board enters the
telephone number into its computer records of voters.
(b) Notice of Requirements, Attestation, Notice of Penalty,
and Notice of Confidentiality. – The form required by G.S. 163-
82.3(a) shall contain, in uniform type, the following:
(1) A statement that specifies each eligibility
requirement (including citizenship) and an
attestation that the applicant meets each such
requirement, with a requirement for the signature of
the applicant, under penalty of a Class I felony
under G.S. 163-275(4).
(2) A statement that, if the applicant declines to
register to vote, the fact that the applicant has
declined to register will remain confidential and
will be used only for voter registration purposes.
(3) A statement that, if the applicant does register to
vote, the office at which the applicant submits a
voter registration application will remain
confidential and will be used only for voter
registration purposes.
(c) Party Affiliation or Unaffiliated Status. – The
application form described in G.S. 163-82.3(a) shall provide a
place for the applicant to state a preference to be affiliated
with one of the political parties in G.S. 163-96, or a preference
to be an "unaffiliated" voter. Every person who applies to
register shall state his preference. If the applicant fails to
declare a preference for a party or for unaffiliated status, that
person shall be listed as "unaffiliated", except that if the
person is already registered to vote in the county and that
person's registration already contains a party affiliation, the
county board shall not change the registrant's status to
"unaffiliated" unless the registrant clearly indicates a desire
in accordance with G.S. 163-82.17 for such a change. An
unaffiliated registrant shall not be eligible to vote in any
political party primary, except as provided in G.S. 163-119, but
may vote in any other primary or general election. The
application form shall so state. (1901, c. 89, s. 12; Rev., s.
4319; C.S., s. 5940; Ex. Sess. 1920, c. 93; 1933, c. 165, s. 5;
1951, c. 984, s. 1; 1953, c. 843; 1955, c. 800; c. 871, s. 2;
1957, c. 784, s. 2; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1971,
c. 1166, s. 6; 1973, c. 793, s. 27; c. 1223, s. 3; 1975, c. 234,
s. 2; 1979, c. 135, s. 1; c. 539, ss. 1-3; c. 797, ss. 1, 2;
1981, c. 222; c. 308, s. 2; 1991 (Reg. Sess., 1992), c. 1044, s.
18(a); 1993, c. 74, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 2;
1999-424, s. 7(c), (d); 1999-453, s. 8(a).)
§ 163-82.5. Distribution of application forms.
The State Board of Elections shall make the forms
described in G.S. 163-82.3 available for distribution through
governmental and private entities, with particular emphasis on
making them available for organized voter registration drives.
(1991 (Reg. Sess., 1992), c. 1044, s. 18(a); 1993, c. 74, s. 1;
1993 (Reg. Sess., 1994), c. 762, s. 2.)
§ 163-82.6. Acceptance of application forms.
(a)How the Form May Be Submitted. – The county board of
elections shall accept any form described in G.S. 163-82.3 if the
applicant submits the form by mail or in person. The applicant
may delegate the submission of the form to another person. Any
person who communicates to an applicant acceptance of that
delegation shall deliver that form so that it is received by the
appropriate county board of elections in time to satisfy the
registration deadline in subdivision (1) or (2) of subsection (c)
of this section for the next election. It shall be a Class 2
misdemeanor for any person to communicate to the applicant
acceptance of that delegation and then fail to make a good faith
effort to deliver the form so that it is received by the county
board of elections in time to satisfy the registration deadline
in subdivision (1) or (2) of subsection (c) of this section for
the next election. It shall be an affirmative defense to a charge
of failing to make a good faith effort to deliver a delegated
form by the registration deadline that the delegatee informed the
applicant that the form would not likely be delivered in time for
the applicant to vote in the next election. It shall be a Class 2
misdemeanor for any person to sell or attempt to sell a completed
voter registration form or to condition its delivery upon
payment.
(b) Signature. – T