HomeMy WebLinkAboutBoard Meeting Agenda Packet 11-05-2024MEETING AGENDA
Date: November 5, 2024 Time: 2:00 PM
Location: Bd of Elections Office, Long Leaf Room Type: Special
Scheduled Attendees:
Derrick R. Miller, Chair Rae Hunter-Havens, Director
James Battle Morgan, Jr. Secretary Caroline Dawkins, Deputy Director
Natalie Hinton-Stalling, Member Noelle Powers, Database & Systems Specialist
Bruce Kemp, Member Joan Geiszler-Ludlum, Administrative Technician
Tom S. Morris, Member
Visitor(s): Tufanna Bradley, Assistant County Manager; Kemp Burpeau, Deputy County Attorney
AGENDA ITEMS
1.Meeting Opening
a.Call to Order
b.Pledge of Allegiance
c.Approval of Agenda
2.Public Comment Period
•2-minute limit
•10-minute limit total
3.New Business
a.Ballot Challenges
b.Counting of Absentee Ballots
4.Closed Session (N.C. Gen. Stat. § 143-318.11(6))
5.General Discussion
•Other Elections-Related Matters
6.Adjournment
*Agenda packets are sent via email in advance of meetings.
Special Meeting
New Hanover County Board of Elections
November 5, 2024
Subject:
Approval of Agenda
Summary:
N/A
Board Action Required:
Staff recommends approval
Item # 1c
Special Meeting
New Hanover County Board of Elections
November 5, 2024
Subject:
Public Comment Period
Summary:
This is an opportunity for members of the public to provide comments on elections-related matters.
Each commenter will be limited to two minutes. There is a limit of 10 minutes total for the public
comment period.
Board Action Required:
Discuss as necessary
Item # 2
Special Meeting
New Hanover County Board of Elections
November 5, 2024
Subject:
Ballot Challenges
Applicable Statutes and/or Rules
N.C. Gen. Stat § 163-89 , Numbered Memo 2023-05, 2022-05
Summary: s
The qualifications for all voters, including early voters, are judged as of Election Day (N.C. Gen. Stat §
163-226). If the county board needs to challenge an early voting or absentee ballot, the board should
enter a challenge on Election Day or at a subsequent meeting before canvass using the challenge form
and attaching any relevant evidence. The only method to retrieve and discount the ballot of an early
voter is through a timely and successful voter challenge.
County board challenges should be reserved for information that the county board learns regarding a
voter’s eligibility based on the county board’s own, uniform review of records in its possession. For
same-day registrations, if the verification card is returned as undeliverable before the close of business
two days before county canvass, staff will scan the undeliverable card into SEIMS to change the
registration status to denied with reason SDR Verification Returned. If there are no data entry errors
regarding how the address was entered into SEIMS, the county board will send a “Notice to Verify Your
Address” to the registrant by mail and email, if provided on the registration form, within one business
day of received the undeliverable verification card. The county board will also call the registrant if their
registration form includes a phone number. The registrant can verify their address, or “cure” the failed
mail verification, by submitting a copy of a HAVA document that is different from the one they provided
when they registered during early voting by 5:00 pm on the day before canvass.
The following registrants voted during early voting after completing the same day registration process,
but their verification cards were returned as deliverable.
Name Voter
Status Site Voting
Method Vote Date
COCKMAN, ETHAN CHARLES D NLB EV 10/23/2024 15:30
COLTON, JOHN ANDREW D BOE EV 10/22/2024 12:39
HARRY, MYONNA D CFCC EV 10/19/2024 15:40
JARMAN, JENNA MARIE D NLB EV 10/23/2024 18:29
MAUNEY, CHRISTOPHER D NLB EV 10/23/2024 16:23
MCCUSKER, LESLIE JEAN D NLB EV 10/18/2024 19:01
MILI, ANTHONY MICHAEL D NLB EV 10/26/2024 15:57
PHELPS, FERANADA D CFCC EV 10/19/2024 16:24
ROBERTS, JESSIE D CFCC EV 10/19/2024 12:57
SANTANA, LAUREN HALEY D CFCC EV 10/20/2024 14:38
Item # 3a
SMITH, DAVE ROLLIN D CFCC EV 10/23/2024 16:17
TARAZONA, ALANNA D BOE EV 10/17/2024 16:27
YUSON, KIMBERLEE D CFCC EV 10/20/2024 12:11
For absentee ballot challenges, if the board has already approved the absentee application and we
determine that the ballot was ineligible, the county board will follow the ballot challenge procedures
outlined in Numbered Memo 2022-05. The following voters have an approved absentee application for
the 2024 General Election, but their status has changed to removed.
Name Voter
Status
Voting
Method
Return
Date
Board Meeting
Date
COBLE, NADIA DAUGHTRIDGE R ABSENTEE 10/17/2024 10/22/2024
TAYLOR, HERBERT A R ABSENTEE 10/12/2024 10/22/2024
VENDETTI, MICHAEL P R ABSENTEE 10/3/2024 10/8/2024
The voter whose ballot is being challenged must be notified (preferably via first-class mail) in advance of
the hearing, the reason for the challenge, and the date and time of the county canvass. If the challenge
is sustained, the board shall direct county board staff to retrieve the challenged ballot and carry out the
following steps:
1. The board shall complete a tally sheet to deduct votes cast on a full ballot or deduct
votes cast for any ineligible contest(s).
2. The board shall direct staff to add a manual edit to the proper precinct results in the
appropriate reporting group to deduct any ineligible votes that were recorded on the
results tally sheet.
3. The staff will print two copies of the manual edit report and attach one report to the
tally sheet and one report to the official canvass report.
4. The challenged ballot, accompanying tally sheet, and a copy of the manual edit report
should then be sealed by the board and separated from the other retrievable ballots.
5. The official canvass reports shall be sent to the NC State Board of Elections
If the challenge is dismissed or overruled, the board should proceed to count the ballot.
Document/s Included:
Numbered Memos 2023-05, 2022-05, Voter Challenge Forms, Voter Applications (Provided at Meeting)
Board Action Required:
Discuss as necessary and action required
P.O. Box 27255
Raleigh, NC 27611 (866) 522-4723
www.ncsbe.gov
Numbered Memo 2023-05
TO: County Boards of Elections
FROM: Karen Brinson Bell, Executive Director1
RE: Same-Day Registration
DATE: December 8, 2023 (updated January 29, 2024)
This numbered memo provides guidance about same-day registration in accordance with the
changes made by Session Law 2023-140 (SB 747). It replaces Numbered Memo 2016-15 and
Numbered Memo 2012-20. It has been updated to comply with a court order which requires a
same-day registrant whose address verification card is returned as undeliverable to get notified
and have an opportunity to remedy that address verification failure.2 That notice and remedy
(“cure”) process is discussed in Section 4 of this memo.
1. Requirements for Same-Day Registration
During the early voting period, an individual may register and vote at any early voting site in the
county in which they reside. To do so, the individual must:
1. Present a “HAVA document” with the individual’s current name and residence address;
2. Present acceptable photo ID; and
3. Complete a voter registration application.
1 This memo is issued under the authority delegated by the State Board to the executive director pursuant
to G.S. § 163-22(p).
2 See Voto Latino v. Hirsch, No. 1:23-cv-861, Doc. 68 (M.D.N.C. Jan. 21, 2024), which determined the
procedure in G.S. § 163-82.6B(d) for rejecting a registration and removing a ballot for a same-day
registrant whose mail verification was returned as undeliverable before canvass violates the federal
Constitution because the law did not require notice to the voter and an opportunity to be heard. The State
Board may adopt interim rules and regulations if a court determines an election law is invalid or
unenforceable. See G.S. § 163-22.2.
2
An individual who registers to vote during early voting will vote a retrievable ballot immediately
after registering to vote.3
2. Proof of Voting Residence
A same-day registrant must present a “HAVA document” showing the registrant’s current name
and residence address in order to register and vote. A “HAVA document” is defined as one of the
following documents:4
• A current utility bill
• A current bank statement
• A current government check
• A current paycheck
• Another current government document
• A current document issued from the institution that issued the photo ID being presented
by the voter
The registrant may present either the original document or a copy of that document in hardcopy
or electronic format, including by displaying the document on an electronic device.
2.1 What Makes a Document “Current”?
In order to be considered “current,” the document must be unexpired, if it has an expiration date.
If the document does not have an expiration date, the issuance date must be within six
months of the date it is presented to the election official. For example, if the voter presents to
vote on October 29, the issuance date must be between April 29 and October 29 of that year.
An end date for a pay period or billing period is not an expiration date. To determine whether
such a document is current, refer to its issuance date. In the absence of an issuance date or
expiration date, for a document to be considered current, there must be other time-based
3 G.S. § 163-82.6B(b) (S.L. 2023-140, sec. 10(a)). If a person presents a valid registration but declines to
vote, the registration shall be processed immediately, and the person may later vote at a one-stop site in
the same election. Although the new statute does not directly address this situation, it does require that
same-day registrations be processed. There is no authority to hold or refuse to process a same-day
registration for a registrant who declines to vote at the time of registration. There is also no authority to
refuse to allow a valid registrant to later vote at a one-stop early voting site, using a retrievable ballot that
can later be removed from the count if the same-day registration fails mail verification, as explained
further in the memo. The person may not vote on Election Day for that election.
4 G.S. § 163-82.6B(e) (S.L. 2023-140, sec. 10(a)).
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indicators on the document showing that it is current. This could include, for example, a printout
from a university housing portal stating “Fall 2024” semester, if the student is voting in the 2024
general election, since that shows that the document is current within the last six months. It could
also include a student showing on their phone a current webpage from their educational
institution that lists the student’s current name and residence address.
The county board does not retain a copy of the document presented, but the elections official will
note the type of document presented in SEIMS (i.e., the SOSA/early voting application).
2.2 Examples of Acceptable Documents
A HAVA document must include the registrant’s current name and residence address.
Acceptable “HAVA documents” that do not have to be issued by a governmental entity include:
• utility bill (including mobile service providers)
• bank statement
• paycheck (government or nongovernment)
Examples of other acceptable “HAVA documents” include a document issued by any federal,
state, or local governmental agency or subdivision such as a:
• driver’s license or ID card issued by North Carolina or another state
• citizenship document issued by the U.S. Department of Homeland Security or U.S.
Citizenship and Immigration Services
• property tax statement issued by a governmental agency
• vehicle registration issued by a governmental agency
• government check, including any Social Security, employment, pension, benefit, or
reimbursement check from any government entity
• government invoice, statement, or receipt
• public housing identification card, lease, or rental statement
• public educational institution documents, including any student card, transcript, tuition
statement, invoice, or receipt issued by any public educational institution
• government insurance plan card, drug discount card, or drug prescription issued by a
government care facility (including military and veterans’ facilities)
• discharge certificates, pardons, or other government documents issued in connection with
the resolution of a criminal case, indictment, sentence, or other matter
• public transportation authority cards, invoices, receipts, or correspondence
• public assistance or disability agency documents
• documents issued by any government shelter or temporary/transitional housing facility
• drug prescription issued by a government doctor or other governmental health care
provider
4
The above list of government documents merely contains examples and is not exhaustive.
Documents that are not listed above are acceptable provided they include the registrant’s current
name and residence address and meet the definition of a HAVA document in G.S. § 163-
82.6B(e). Documents issued by an official entity of a recognized tribe are government
documents.
2.3 Documents Issued by an Educational Institution
Students may also provide proof of residence by presenting any document from their college or
university that contains the student’s name and residential address. Acceptable documents may
be issued by either public or private educational institutions and include an invoice, transcript,
correspondence, or a print-out or screenshot from any college or university source displaying the
student’s name and residential address (e.g., online student portals for registration, tuition, or
housing). Again, the document can be in physical or electronic form. Such documents are
acceptable whether the student’s address is an on-campus or off-campus residence.
Alternatively, the college or university may voluntarily provide elections officials with a list of
students and their residential addresses. Any such lists must be current at the time of use and
must display the residence address for each student to ensure the student is properly registered at
the appropriate address.5 Educational institutions may omit the names of individuals known to be
ineligible based on citizenship status (e.g., exchange students holding student visas). The county
board should request that each college or university also provide a template example of how to
properly record the mailing address for their students. Election officials conducting same-day
registration must be trained on these address conventions, so the registration can be successfully
verified by mail (See “Ensuring the Correct Mailing Address” section below). The student who
is same-day registering must confirm to the election official that the housing list provided
by the educational institution contains their current name and residential address.
5 The list must indicate specific facility/address where the student resides because some jurisdictional
boundaries may divide the campus. For example, a student living in Parrish Hall is eligible to vote in the
contest for City Council A while a student living in Perry Hall is eligible to vote in the contest for City
Council B. In rare instances, a jurisdictional boundary may even divide a residence hall. County boards
must bear in mind that colleges and universities may use their own standard conventions for assigning
addresses and ensuring that mail is delivered to on-campus students. When it comes to filling out the
voter’s registration form and inputting the registration data into SEIMS, county boards should work with
their colleges and universities to ensure they are using the proper addressing conventions for student
registrants while accounting for any campus splits in the Geocode application.
5
If a student presents a document issued by a private educational institution as proof of
residence, they must also present an approved photo ID from that institution. Students
attending a public educational institution may present any acceptable photo ID since their
proof of residence is a “government document.”6
3. Provisional Voting
If a voter is unable to provide a HAVA document showing their current name and residence
address, the voter must be offered a provisional ballot. To have their provisional ballot counted,
the voter must bring a copy of their HAVA document showing their current name and residence
address to the county board office by 5 p.m. the day before county canvass.7 As soon as a voter
provides an acceptable HAVA document, the county board shall process the registration as
described in the next section of this memo, Verification of Address by Mail. See page 9 of
Numbered Memo 2023-04 for additional information of provisional voting by same-day
registrants.
Similarly, if a same-day registrant does not present acceptable photo ID, the voter must be
offered a provisional ballot with the options to either (1) complete a Photo ID Exception Form or
(2) return to the county board of elections with their photo ID by the close of business on the day
before county canvass. As long as the voter is deemed eligible to register and their mail
verification card is not returned as undeliverable by the business day before canvass (as
explained below), the voter’s provisional ballot shall be counted according to the rules governing
photo ID compliance for all voters.
For information about photo ID procedures, see Numbered Memo 2023-03.
4. Verification of Address by Mail and Curing Undeliverable
Verification Card
Within two business days after an applicant same-day registers, the county board of elections
shall verify the individual’s driver’s license or Social Security number in SEIMS, update the
applicant’s record in SEIMS, search for and address possible duplicate registrations, and begin
6 G.S. § 163-82.6B(e)(6) (S.L. 2023-140, sec. 10(a)). For information about voting residence of college
students, see https://www.ncsbe.gov/registering/who-can-register/registering-college-student.
7 See G.S. § 163-82.4(f), which permits registrants to correct any omissions in their voter registration
applications until 5 p.m. on the day before county canvass and instructs the county board to “count any
portion of the provisional official ballot that the voter is eligible to vote,” if such omissions are corrected.
For same-day registrants, the “HAVA document” is a required item of the voter registration application.
6
the address verification process as provided by G.S. § 163-82.7.8 During this initial phase, the
county board shall also determine whether the applicant appears qualified to vote (e.g., their
address is in county or they are not serving a felony sentence).9 If the county board has reliable
grounds to believe the applicant is not qualified to vote at this initial stage, a challenge shall
be filed as provided in Numbered Memo 2022-05.10
After sending the address verification card by mail, the county boards shall proceed as follows:
1. If the verification card is not returned as undeliverable by the close of business two days
before county canvass, the voter’s ballot shall remain in the official count.11
2. If the verification card is returned as undeliverable before the close of business two days
before county canvass, staff shall scan the undeliverable card into SEIMS (VoterView),
which will generate the Undeliverable SDR Resolution screen. The registration status
becomes DENIED with reason SDR VERIFICATION RETURNED
8 Registrants must provide their driver’s license number or, if they do not have one, the last four digits of
their Social Security number on the voter registration form. If they do not have either of these identifiers,
they can mark a box on the form indicating that. If an individual has provided one of these identifiers but
the computer validation of the number as required by G.S. 163-82.12 did not result in a match, and the
number has not been otherwise validated by the board of elections, in the first election in which the
individual votes that individual shall present with their ballot HAVA ID as defined in G.S. § 163-166.12.
Voters who same-day register will have met the requirement to show HAVA ID through the proof-of-
residence document requirement.
9 G.S. § 163-82.6B(d) (SL 2023-140, sec. 10(a)).
10 Although early voting is no longer a form of absentee voting, the county board may use the absentee
ballot challenge procedures, as set forth in Numbered Memo 2022-05, because the county board is
authorized to “pass upon the legality of disputed ballots” during canvass. G.S. § 163-182.5(a).
11 See G.S. § 163-82.6B(d) (SL 2023-140, sec. 10(a)). Although this statute says that the county board
shall retrieve the applicant’s ballot if the verification mailing is returned as undeliverable “before the
close of business on the business day before canvass,” a court decision does not allow this to take place
without providing the applicant notice of the verification failure and an opportunity to remedy it. See
Voto Latino v. Hirsch, No. 1:23-cv-861, Doc. 68 (M.D.N.C. Jan. 21, 2024). When a verification mailing
returns on the day before canvass, there is not enough time to provide the voter meaningful notice and
opportunity to remedy this issue before canvass, which is occurring the next morning. So, compliance
with this court order requires the county board to count the ballot of a registrant whose address
verification mailing returns as undeliverable on the day before canvass or later.
7
UNDELIVERABLE. Staff shall then follow these steps, using the Undeliverable SDR
Resolution screen:
a. Check for Address Errors. First, make sure the address on the verification card
is correct by comparing it to the voter registration application submitted during
same-day registration. If there was an error in how the address was entered, select
“Start New Mailing.” In VoterView, change the applicant’s status to ACTIVE,
correct the address, and save it as an admin change. Include a comment in the
VoterView profile noting, “Updated to active per Numbered Memo 2023-05.”
Open VoterView Admin Tasks, create new cards, print, mail, and update the
mailing status accordingly.
b. Notice and Cure Process. If there is no error in how the address was entered,
select “Start Cure Process.” Then, follow these steps:
i. Cure Notice. The county board shall send a “Notice to Verify Your
Address” to the registrant by mail and email, if provided on the
registration form, within one business day of receiving the undeliverable
verification card. The Notice language is appended to this memo and shall
be used by the county board. (The letter cannot be sent via SEIMS.)
County board staff shall also call the registrant to provide the information
on the Notice orally, if the registration form includes a phone number. The
registrant may verify their address (i.e., “cure” the failed mail verification)
by submitting a copy of a same-day registration “HAVA document” to the
county board no later than 5 p.m. on the day before county canvass. The
Notice will instruct the registrant to provide a document that is different
from the one they used when registering during early voting. The
document copy may be provided via email (with scanned or photographed
document), fax, mail, or in-person delivery during business hours.12 The
Notice shall offer the registrant the opportunity to come in person to the
canvass meeting to verify their address, if they are unable to provide an
acceptable “HAVA document” by the deadline above. In that case, the
county board shall take the registrant’s testimony under the first oath in
12 This process to provide the voter notice of the address verification failure and a method of remedying
that deficiency is designed to comply with a court order. See Voto Latino v. Hirsch, No. 1:23-cv-861,
Doc. 68 (M.D.N.C. Jan. 21, 2024).
8
G.S. § 163-86(c) and shall consider any documentation offered by the
registrant.
ii. No Cure Notice. If an undeliverable address verification card arrives at the
county board on the day before canvass or later, the Notice shall not be
sent, and the registrant’s ballot must remain in the official count. At that
point, there is not enough time to notify the voter and provide a
meaningful opportunity to cure. See footnote 13. The registrant shall be
sent a second card as required by G.S. § 163-82.7(e). If the second card is
not returned as undeliverable, the county board shall register the applicant.
If the second card is returned as undeliverable, the county board shall
deny the application and need not try to notify the registrant further.13
iii. Cure Successful. If the registrant returns a copy of a current “HAVA
document” matching the residence address on their registration by the
deadline, the county board shall select “Cure Successful” on the
Undeliverable SDR Resolution screen. If a registrant fails to provide a
“HAVA document” by the day before canvass but instead addresses the
county board at the canvass meeting, the county board shall deem the
undeliverable address verification to be “Cure Successful,” if the board
finds that the voter resides at the address claimed on their registration. In
either case, the applicant’s status in VoterView shall be changed to
ACTIVE and saved as an admin change.14 Include a comment in the
VoterView profile noting, “Updated to active per Numbered Memo 2023-
05.” The registration is then verified and the voter’s ballot shall remain in
the official count.15
13 G.S. § 163-82.7(f).
14 This will trigger a new standard verification mailing, but even if that mailing returns as undeliverable, it
will not lead to a denial of the registration because the initial registration has already been processed.
15 If the document provided is a valid and current “HAVA document” with the correct address, it must be
accepted as a cure for an undeliverable address verification mailing. Currently, there is no way to
accurately and comprehensively compare the specific type of document provided to poll workers at the
early voting site with a cure document provided to the county board office, to ascertain that the second
document is different from the first. Further enhancements to SEIMS will be required to do this
comparison effectively and uniformly.
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iv. Not Cured. If the registrant does not provide a copy of a current “HAVA
document” matching the address on their registration by the deadline,
select “Not Cured” on the Undeliverable SDR Resolution screen.
Similarly, if a registrant addresses the county board at the canvass meeting
and the county board does not find that the voter resides at the address
claimed on their registration, the undeliverable address verification shall
be deemed “Not Cured.” In either case the county board shall not register
the applicant or send further verifications. The registrant’s ballot shall be
retrieved, and that ballot’s votes shall be removed from the official count,
using these steps:16
1. The board shall direct county board staff to retrieve the ballot.
2. The board shall complete a tally sheet to deduct the votes cast on
the full ballot. The board shall direct staff to add a manual edit to
the proper precinct results in the proper reporting group to deduct
the ineligible votes that were recorded on the results tally sheet.
3. The staff shall then print two copies of the manual edit report and
attach one report to the tally sheet and one report to the official
canvass report.
4. The retrieved ballots and the accompanying tally sheet and a copy
of the manual edit report shall then be sealed by the board and
separated from the other ballots.
5. The official canvass reports shall be provided to the State Board
pursuant to G.S. § 163-182.6.
County boards must work to send out mail verification cards and process returned mail as
quickly as possible during the early voting period and throughout the canvass period. They
must also ensure that same-day registrations and returned mail from same-day
registrations are kept separate from other registrations and returned mail.
5. Ensuring the Correct Mailing Address
Because a voter’s ballot may be discounted based on returned mail, it is vital that early voting
officials emphasize to voters that they must provide an address where they can receive
mail. When assisting a registrant in completing an early voting application, elections officials
shall:
• Ask if there is an apartment or unit number that is part of the voter’s address; and
16 See G.S. § 163-82.6B(d) (SL 2023-140, sec. 10(a)).
10
• If the voter does not list a mailing address, ask if the voter can receive mail at their
residential address. If not, the official must ask the voter to provide a mailing address.
Additionally, the early voting official assisting a same-day registrant must recommend that
the voter provide their phone number and/or email address on the registration form. This
will allow the county board to quickly contact the voter if their address verification card is
returned as undeliverable and the voter needs to provide another HAVA document to verify their
address (i.e., notice and cure). If a phone number or email address is provided and there are
questions regarding the address before any mail verification card or cure notice is sent, county
board staff should contact the voter to seek clarification.
6. Frequently Asked Questions About Same-Day Registration
1. A same-day registrant who is a student at a public college or university in North
Carolina presents their passport as their photo ID. Can the student present a
tuition bill or other document issued by their school to prove their voting
residence?
Yes. Regardless of the type of photo ID the registrant presents, a student attending a public
college or university in North Carolina may present a current document issued by their institution
to prove their voting residence, including referring to a list provided by the educational
institution. This is because the student attends a public institution, and documents issued by
public institutions are considered “another current government document” pursuant to G.S. §
163-82.6B(e)(5).
2. For their acceptable photo ID, the registrant presents a North Carolina driver’s
license that contains an address from another county. To prove their residence,
the voter presents a separate HAVA document, such as a utility bill, that has a
residence address in the county. Is this acceptable?
Yes. If the voter presents an acceptable HAVA document, that establishes their residence for
same-day registration purposes, even if their photo ID has an older address—many voters do not
immediately update their driver’s licenses when they move. As a reminder, for photo ID
purposes, the address on an eligible photo ID does not have to match the address where the voter
currently resides. Accordingly, a voter may be able to satisfy the photo ID requirement and the
HAVA document requirement for same-day registration using a photo ID with a current address,
or they may need to present two documents—one for photo ID purposes and a different one to
prove residence. See Numbered Memo 2023-03 (pg. 5) for further information about the separate
identification requirements for photo ID, HAVA ID, and same-day registration. Some documents
11
can satisfy all of these requirements, but sometimes a voter will need to present separate
documents to satisfy each separate requirement, depending on what documents they have.
3. The voter presents a lease from a private landlord to prove their residence. Is this
an acceptable HAVA document?
No. The only acceptable HAVA documents issued by private entities are utility bills, bank
statements, paychecks, and documents issued by a private educational institution in combination
with an acceptable photo ID from that institution.
4. Is a document issued by an entity that receives governmental funding considered a
government document under the same-day registration law?
No. An agency/entity of the government must issue a government document.
5. What if an individual wants to same-day register but resides in a non-traditional
residence? What about homeless individuals or individuals who stay in a vehicle
and do not have a traditional fixed residence? What documentation can the
individual provide?
An individual must register at the address at which they reside and to which, when absent, they
intend to return. If a person’s residence is not a traditional residence associated with real
property, the location of the usual sleeping area for that person shall be controlling as to the
residency of that person. Residence shall be broadly construed to provide all persons with the
opportunity to register and to vote, including stating a mailing address different from residence
address.17
A registrant with a nontraditional residence should list the address that identifies the location of
their typical sleeping location. For example, a homeless person who typically sleeps in a
homeless shelter would list the homeless shelter’s address as their residence address. An
individual who lives in an RV would list the address where they typically park the RV as their
residence address.
Individuals with nontraditional residences are subject to the same proof-of-address requirements
as any other same-day registrant. Elections officials should provide the registrant with a list of
examples of acceptable documents and may need to brainstorm with the individual about how
they can obtain an acceptable HAVA document. A letter from a homeless shelter is acceptable if
it is a government shelter.
17 G.S. § 163-57(1).
COUNTY LETTERHEAD (with mail address, email address, phone, and fax)
Date
VOTER’S FULL NAME
ADDRESS LINE 1 [EV] – #
ADDRESS LINE 2
ADDRESS LINE 3
LINE 4/CITY, STATE, ZIP CODE
Notice to Verify Your Address
You recently registered to vote at an early voting site. However, when the county board of elections sent
your voter registration card in the mail, it was returned by the Postal Service as undeliverable. For your
ballot to count, we must verify your address.
You must provide a copy of an acceptable document showing your name and current residence
address. Acceptable documents include any government document, utility bill, bank statement,
paycheck, and many other types of documents. A list of acceptable documents is on the reverse side of
this page. The document you provide cannot be the same document you used when you registered
at the early voting site.
Please send a copy of your document to your county board of elections no later than 5 p.m. on
[INSERT DAY BEFORE CANVASS]. You may provide the document by any of the following methods
(see contact information at the top of this letter):
• Email or fax (a scan or photo of the document is acceptable)
• Mail or commercial carrier
• Or by showing it in person to the county board of elections office located at
_________________________________________________________
For faster processing, please include the “EV number” found at the top right of this Notice when providing
your document.
If you are unable to provide an acceptable document verifying your residence by the deadline above, you
may come in person to verify your address before the county board of elections at 11 am on [INSERT
DAY OF CANVASS] at [INSERT ADDRESS FOR CANVASS MEETING].
For any questions, call the county board of elections at the number listed above.
Acceptable documents showing your residence address are shown on the reverse page of this Notice.
ACCEPTABLE DOCUMENTS TO VERIFY YOUR RESIDENCE ADDRESS
Documents issued by a private or governmental entity showing name and current address:
• Utility bill (including cell phone service providers)
• Bank statement
• Paycheck
Documents issued by any federal, state, or local governmental agency showing name and current address:
• drivers license or ID card issued by North Carolina or another state
• a citizenship document issued by the U.S. Department of Homeland Security or U.S. Citizenship and Immigration
Services
• property tax statement issued by a governmental agency
• vehicle registration issued by a governmental agency
• government check, including any Social Security, employment, pension, benefit, or reimbursement check from any
government entity
• government invoice, statement, or receipt
• public housing identification card, lease, or rental statement
• public educational institution documents, including any student card, transcript, tuition statement, invoice, or receipt
issued by any public educational institution
• government insurance plan card, drug discount card, or drug prescription issued by a government care facility
(including military and veterans’ facilities)
• discharge certificates, pardons, or other government documents issued in connection with the resolution of a criminal
case, indictment, sentence, or other matter
• public transportation authority cards, invoices, receipts, or correspondence
• public assistance or disability agency documents
• documents issued by any government shelter or temporary/transitional housing facility
• drug prescription issued by a government doctor or other governmental health care provider
The above list of government documents merely contains examples and is not exhaustive. Documents that are not listed above are
acceptable provided they include the registrant’s current name and residence address and meet the definition of a HAVA document
in G.S. § 163-82.6B(e). Documents issued by an official entity of a recognized tribe are government documents.
Documents Issued by a college or university showing name and current address:
• Students may also provide proof of residence by presenting any document from a college or university that contains
the student’s current name and residential address. Acceptable documents may be issued by either public or private
educational institutions and include an invoice, transcript, correspondence, or a print-out or screenshot from any
college or university source displaying the student’s name and residential address (e.g., online student portals for
registration, tuition, or housing). Such documents are acceptable whether the student’s address is an on-campus or
off-campus residence.
In order to be considered “current,” the document must be unexpired, if it has an expiration date. If the document does not
have an expiration date, the issuance date must be within six months of the date it is presented to the election official. An
end date for a pay period or billing period is not an expiration date. To determine whether such a document is current, refer to
its issuance date. In the absence of an issuance date or expiration date, for a document to be considered current, there must
be other time-based indicators on the document showing that it is current.
You can provide a copy of the document in paper or electronic format.
P.O. Box 27255
Raleigh, NC 27611
(866) 522-4723
www.ncsbe.gov
Numbered Memo 2022-05
TO: County Boards of Elections
FROM: Karen Brinson Bell, Executive Director1
RE: County Board Challenges to Ineligible Absentee and Early Voting Ballots
DATE: May 12, 2022 (Revised December 15, 2023)
This numbered memo provides procedures for county boards and/or chief judges to challenge
ineligible absentee-by-mail and early voting ballots.
The guidance in this memo is intended for county board challenges only. It does not include
guidance for members of the public seeking to file voter challenges.2 The procedures for county
board challenges may not be used to circumvent the deadlines and other requirements for
members of the public to challenge a voter’s ballot. County board challenges should be reserved
for information that the county board learns regarding a voter’s eligibility based on the county
board’s own, uniform review of records in its possession (e.g., official death records, official
records of active felony sentences, jurisdictional boundary records, and information provided by
the voter). County board-initiated challenges shall not be based on lists provided by outside
groups or individuals. There is no guarantee that such lists were generated in a
nondiscriminatory way; they may have been generated to accomplish a particular electoral
outcome. County board-initiated challenges should never have the reality or appearance of being
carried out at the request of individuals or groups with an interest in the outcome of the election.
Included in this numbered memo are the basic steps that county boards must follow, along with
answers to frequently asked questions about specific situations that often arise. A sample
challenge form and hearing notice are appended to this memo.
1 This memo is issued under the authority delegated by the State Board to the executive director pursuant
to G.S. § 163-22(p).
2 See Voter Challenge Procedures Guide.
2
Except for the retrieval process prescribed for same-day registrants in G.S. § 163-82.6B(d),3 the
only method to retrieve and discount the ballot of an absentee or early voting voter is through a
timely and successful challenge.4 This memo overrules the “Disputed Ballots” section of
Numbered Memo 2012-28, to the extent it suggests otherwise.
As outlined below, the first step for challenging an absentee ballot is to disapprove the absentee-
by-mail application at an absentee meeting, followed by a challenge. However, if your board has
already approved an absentee application and you determine that the ballot was ineligible, you
will still need to follow the ballot challenge procedures below. If, after a challenge proceeding,
the board determines that the ballot was properly cast, it shall reconsider and approve the
application (if it was not already approved) and permit the ballot to be opened and counted.
For early voting ballots, the revisions to the statutes in Session Law 2023-140 (S.B. 747) no
longer authorize county board adjudication of ballot applications after the early vote is cast.
Instead, the voter signs the early voting application and it is treated the same as an authorization
to vote (ATV) for election day voters—i.e., as a record of the voter’s check-in, not as a
document the county board must later approve at a meeting. For early voting ballots, then, the
only step to take is the ballot challenge.
As a reminder, the qualifications for all voters, including early and absentee voters, are judged as
of Election Day.5
Challenge Deadlines
Early Voting: A challenge to a voter’s ballot cast at an early voting site must be filed:
1. By the county board by 5 p.m. on the fifth business day after the primary or general
election;6 or
3 See Numbered Memo 2023-05.
4 G.S. § 163-182.5(a) provides the county board of elections with the authority to “pass on the legality of
disputed ballots,” including early voting ballots. G.S. § 163-89 provides the procedure for challenging
absentee-by-mail ballots. See N.C. State Bd. of Elections, Order In the Matter of: Consideration of
Certain Legal Questions Affecting the Authentication of the 2016 General Election, ¶ 7 (Nov. 28, 2016)
(“No county board may retrieve and discount a ballot cast by an unqualified voter unless a challenge was
timely brought . . . or the State Board or a county board has found [pursuant to an election protest] that
ineligible voters participated in numbers sufficient to change the outcome of the election.”).
5 G.S. §§ 163-55, -59.
6 The authority for county board challenges of early voting ballots comes from the authority to pass on
disputed ballots during the canvass pursuant to G.S. § 163-182.5(a), which does not set a deadline. The
3
2. By any chief judge, judge or assistant at an early voting site at the time the voter presents
to vote at the early voting site.7
Absentee: A challenge to an absentee-by-mail ballot must be filed either:
1. By the county board by 5 p.m. on the fifth business day after the primary or general
election;8 or
2. For UOCAVA ballots received after 7:30 p.m. on Election Day, the county board must
file the challenge as far in advance of county canvass as possible and notify the voter by
any means that are available to ensure the quickest notification.9
Procedures to Challenge an Absentee or Early Voting Ballot
1. Disapproving the Ballot Application (Absentee Only)
If a county board finds that a voter was not qualified to cast an absentee ballot or finds that the
voter was not qualified to cast the ballot issued, at its absentee board meeting the county board
must disapprove the absentee application and then file a ballot challenge.10
Upon disapproving the application, the board must notify the voter stating the reason for
disapproval by first-class mail addressed to the voter at that voter’s residence address and at the
address shown in the application for the voter’s absentee ballot.11
In some instances, the voter should be notified of the opportunity to vote a provisional ballot
during early voting or on Election Day. This may occur if, for example, the voter was given an
incorrect ballot style. In such cases, the county board should contact the voter via phone, if
possible, immediately to notify them of this option.
county board must, however, challenge a ballot in sufficient time for notice of a challenge hearing to be
effectively delivered to a challenged voter, to comply with the requirements of due process. Accordingly,
early voting challenges from the county board may not be filed after the fifth business day after the
election, to ensure that the challenged voter receives notice of the challenge before the hearing at the
county canvass meeting.
7 G.S. § 163-87 (S.L. 2023-140, sec. 13(a)). The chief judge, judge, or assistant is not required to be a res-
ident of the voter’s precinct.
8 G.S. § 163-89(a) (S.L. 2023-140, sec. 15).
9 G.S. § 163-89(a) (SL 2023-140, sec. 15).
10 G.S. §§ 182.5(a), 163-227.2(d), 163-230.1(f).
11 G.S. § 163-227.2(d).
4
2. Challenging the Ballot (Early Voting and Absentee)
a. Enter the Challenge. At the absentee board meeting on Election Day or at a
subsequent board meeting, the board must enter an official challenge to the
absentee or early voting ballot, using the challenge form and attaching any
relevant evidence.
b. Send Notice. The board shall hold a hearing on the challenge on the day set
for the county canvass. The voter whose ballot is being challenged must be
sent a notice in advance of the hearing (preferably via first-class mail),
addressed to the voter’s residence address, mailing address (if different), and
the address shown in the application for absentee ballots. The notice shall
include the reason for the challenge and the date and time of the county
canvass where the challenge will be heard.
c. Conduct the Hearing. Follow the procedures in G.S. § 163-89(e) for
examining the challenged voter (if they appear), administering oaths, and
adjudicating the challenge. Recall that “[n]o challenge shall be sustained
unless the challenge is substantiated by affirmative proof,” and “[i]n the
absence of such proof, the presumption shall be that the voter is properly
registered or affiliated.”12
d. If Challenge Sustained. If the challenge to the ballot is sustained, the board
shall direct county board staff to retrieve the challenged ballot, and carry out
the following steps:
i. The board shall complete a tally sheet to deduct the votes cast on the
full ballot or shall deduct the votes cast for any ineligible contest. If
the voter returned to vote a provisional ballot with an eligible ballot
(because they are eligible but voted the wrong ballot at first), the
original ballot should be deducted in full and the provisional should be
counted. The board shall direct staff to add a manual edit to the proper
precinct results in the proper reporting group to deduct any ineligible
votes that were recorded on the results tally sheet.
12 G.S. § 163-90.1(b).
5
ii. The staff shall then print two copies of the manual edit report and
attach one report to the tally sheet and one report to the official
canvass report.
iii. The challenged ballots and the accompanying tally sheet and a copy of
the manual edit report shall then be sealed by the board and separated
from the other retrievable ballots.
iv. The official canvass reports shall be provided to the State Board of
Elections pursuant to G.S. § 163-182.6.
v. For absentee ballots only: The county board shall prepare a
supplemental absentee abstract in accordance with G.S. § 163-234(6)
and provide it to the State Board of Elections.
e. Challenge Overruled/Dismissed. If the challenge is overruled or dismissed,
the board must reconsider and approve the absentee application, if applicable
(and if it was not already approved), and proceed to count the ballot.
Frequently Asked Questions
1. A person who is serving a felony sentence registered to vote using same-day
registration and cast a ballot during early voting. What should the CBE do?
• Create an incident report.
• Follow the process for Challenging the Ballot above and, if the challenge is
sustained, deny the registration.13 If the challenge is not sustained, then the
ballot should count and registration should be fully processed.
• Report to Investigations at the State Board via a Help Desk ticket. Include the
application number, incident report, and any other documentation.
2. What if an existing registrant has been flagged for removal due to active
felony status and has cast a ballot during early voting?
• Create an incident report.
• Follow the process for Challenging Absentee Ballot above.
• Report to Investigations at the State Board via a Help Desk ticket. Include the
application number, incident report, and any other documentation.
• Follow the 30-Day Removal Notice procedure, pursuant to G.S. § 163-
82.14(c)(3). The felony conviction list-maintenance process can be found in the
13 G.S. § 163-90.2(a).
6
SEIMS Help Files.
3. What if a voter has submitted an absentee-by-mail ballot and votes at an early
voting site in the same county?
• The county board should first review both the early voting application and the
absentee envelope, including comparing the voter’s signatures on the two voting
documents, to determine if the same person voted twice. The board must
determine by majority vote that there is sufficient evidence to challenge the voter
for voting twice.
• If the board determines by majority vote that the same voter voted twice, it shall
determine which ballot should be counted and shall challenge the ballot that
should not be counted. If only one ballot is retrievable, that ballot shall be
retrieved. Again, it is up to the board, not staff, to make the determination of
which vote should be counted. For the challenge, follow the Process for
Disapproving the Ballot Application (if applicable) and Challenging the Ballot
above.
• Create an incident report.
• Notify the Legal and Investigations teams at the State Board. Include the ballot
application, absentee envelope, incident report, and any other documentation.
• Is the process different if the absentee ballot was considered deficient
pending cure and then was Approved-Cured?
o The process is ultimately the same. The county board will count the
legal vote and administratively retrieve the other ballot.
• What if the absentee ballot was deficient pending cure and was not cured
before canvass?
o The county board will count the early voting ballot and not the
absentee.
4. What if a voter submitted a ballot in two different counties?
• Create an incident report.
• Work with the other county to determine where the voter is eligible to vote and
which ballot must be retrieved. Work with the State Board as needed.
• If the ballot cast in your county was ineligible, follow the Process for
Disapproving the Ballot Application (if applicable) and Challenging the Ballot
above.
• Report to Investigations at the State Board via a Help Desk ticket. Include the
application number, incident report, and any other documentation.
7
5. What if an early voting official accidentally provided a ballot style to the voter
that the voter was not eligible to vote, and the voter voted that ballot?
• Create an incident report.
• Follow the Process for Challenging the Ballot above.
• If there is time, contact the voter and allow the voter to come in person to vote a
provisional ballot with the correct ballot style. The board should count the
provisional ballot if the voter is otherwise eligible to vote that ballot. If the voter
does not return, count any contests on the regular ballot that the voter was
eligible to vote in.
6. What if a voter dies after voting absentee-by-mail or early voting but before
Election Day?
• Prior to taking any action, obtain official confirmation of the death. Permissible
sources include the DHHS List Maintenance Reports, death certificate from the
local register of deeds, or a written, signed notification from a near relative.
• Follow the Process for Disapproving the Ballot Application (if applicable) and
Challenging the Ballot above.
• Remove the voter pursuant to G.S. 163-82.14(b).
7. What if a voter same-day registers at an early voting site and the first voter
card sent pursuant to G.S. § 163-82.7(c) is returned as undeliverable to the
county board before the close of business on the business day before county
canvass?
The county board shall not register the applicant or send further verifications.14 The
registrant’s ballot shall be retrieved and that ballot’s votes removed from the official
count. The county board shall not issue a challenge.
The county board shall carry out the following steps:
• The board shall direct county board staff to retrieve the ballot.
• The board shall complete a tally sheet to deduct the votes cast on the full ballot.
The board shall direct staff to add a manual edit to the proper precinct results in the
proper reporting group to deduct the ineligible votes that were recorded on the
results tally sheet.
• The staff shall then print two copies of the manual edit report and attach one report
to the tally sheet and one report to the official canvass report.
14 G.S. § 163-82.6B(d) (SL 2023-140, sec. 10(a)).
8
• The retrieved ballots and the accompanying tally sheet and a copy of the manual
edit report shall then be sealed by the board and separated from the other ballots.
• The official canvass reports shall be provided to the State Board pursuant to G.S. §
163-182.6.
8. What if a voter inserted their absentee-by-mail ballot into the tabulator at an
early voting site?
• Create an incident report.
• Retrieve and secure the ballot.
• Mark the absentee as SPOILED as it was returned without an application/
certificate and will need to be reissued.
• Notify the voter and let them know they may complete the reissued ballot or vote
at an early voting site or on Election Day.
• Challenge the ballot.
• Conduct a hearing and, if sustained, remove the vote totals of the challenged
ballot at canvass.
9. A voter submitted an absentee-by-mail and subsequently moved to a new
county. The voter has contacted your county. What do they need to do?
• If the voter moved less than 30 days prior to Election Day, they don’t need to do
anything. They are still eligible to vote in your county and the ballot they
submitted stands.
• If they moved 30 or more days prior to Election Day, they are no longer eligible
to vote in your county. However, a 2018 federal court order prohibits any voter
challenges based on residence from being brought without individualized
knowledge within 90 days of a federal election. The voter will need to submit a
cancellation in your county, or the voter will need to register in the new county.
Then you can challenge the ballot, notify the voter, and hear the challenge at
canvass in order to deduct the vote totals.
• If the voter submits a cancellation in your county, you should direct them to
register and vote in their new county.
10. What if a voter mails their ballot and votes on Election Day, and the mailed
ballot is received by the county board timely but on Election Day?
• Follow the Process for Disapproving the Application and Challenging the
Absentee Ballot above.
• It is critical to complete voter history as soon as possible in order to identify this
issue and challenge the absentee-by-mail ballot.
9
11. FOR PRIMARY ELECTIONS: What if a registered voter affiliated with a
political party can’t be found during check-in at early voting and uses same-
day registration to re-register with a different party and vote that party’s
ballot?
• Process the voter registration application. If you have already “linked” the
registrations, you will need to “unlink” the registration in order to be able to
deny the new registration without removing the prior voter registration. Please
put in a Help Desk ticket if you need assistance.
• Follow the Process for Challenging the Ballot above.
• Contact the voter and let the voter know that they can vote the correct ballot
provisionally, which the board would consider during canvass.
• If the challenge is sustained at canvass, the ineligible ballot should be retrieved
and the vote counts deducted. This could result in a partial count if there is an
eligible contest on the ineligible ballot (bond, nonpartisan board of education,
etc.) and the voter has not returned to vote a provisional ballot.
12. FOR PRIMARY ELECTIONS: A voter is registered as Unaffiliated. What if
the voter’s record can’t be found during check-in at early voting so the voter
re-registers with a political party and votes that ballot?
• Process the voter registration application. If you have already “linked” the
registrations, you will need to “unlink” the registration to be able to deny the
new registration without removing the prior voter registration. Please put in a
Help Desk ticket if you need assistance.
• The voter has received an eligible ballot based on their unaffiliated registration
status so there is no need to challenge the ballot.
• Check with the voter after the election to confirm whether they did want to
change party affiliation, at which point you may process that change.
NCSBE 2024.1
I, _______________________________________, Chair of the ______________________ County Board of
Elections, hereby challenge the ballot cast by __________________________________________, who is
registered to vote at (address) ____________________________________________________________,
pursuant to a vote of the board.
I challenge the above-named voter for the reason(s) checked below:
The person is not a resident of the State of North Carolina.
The person is not a resident of the county in which the person is registered.
The person is not a resident of the precinct in which the person is registered.
The person is not a resident of the municipality in which the person is registered.
The person is not eighteen years of age, or if this challenge is made within 60 days before a primary,
the person will not be eighteen years of age by the next general election.
The person is currently serving a felony sentence.
The person is dead.
The person is not a citizen of the United States.
The person is not who he or she represents himself or herself to be.
With respect to a primary or election on _____/_____/_____, the person has already voted in the
primary or election.
With respect to voting in a partisan primary on _____/_____/_____, the person is a registered voter
of another political party.
The person was issued the wrong ballot style.
Chair’s Signature ______________________________________________________
[ATTACH EVIDENCE SUPPORTING THE CHALLENGE]
VOTER CHALLENGE FORM – For Board Use
NORTH CAROLINA
COUNTY OF
[ ] COUNTY BOARD OF ELECTIONS
[ADDRESS]
[CITY/STATE/ZIP]
PHONE: FAX:
EMAIL:
COUNTY BOARD LETTERHEAD
DATE
NAME
STREET ADDRESS
CITY, STATE, ZIP CODE
RE: Notice of Absentee Ballot Challenge
The ballot submitted by the above-referenced voter has been challenged pursuant to the county board of
elections’ authority under G.S. § 163-182.5(a) to pass on the legality of disputed ballots. The ballot has
been challenged because:
The person is not a resident of the State of North Carolina.
The person is not a resident of the county in which the person is registered.
The person is not a resident of the precinct in which the person is registered.
The person is not a resident of the municipality in which the person is registered.
The person is not eighteen years of age, or if this challenge is made within 60 days before a
primary, the person will not be eighteen years of age by the next general election.
The person is currently serving a felony sentence.
The person is dead.
The person is not a citizen of the United States.
The person is not who he or she represents himself or herself to be.
With respect to a primary or election on _____/_____/_____, the person has already voted
in the primary or election.
With respect to voting in a partisan primary on _____/_____/_____, the person is a registered
voter of another political party.
The person was issued the wrong ballot with contests for which the voter is ineligible.
If this challenge is sustained, the challenged ballot will not count, or any ineligible contests will not
count.
The county board will conduct a hearing on this challenge at the county canvass meeting, which is held in
person at 11:00 a.m. on Friday, [DATE], at the county board of elections office. The county board will
follow the procedures in G.S. § 163-89(e), a copy of which is attached. If you believe the information is in
error, please contact our office immediately.
You have a right to be heard by the board at the challenge proceeding or you may authorize a
representative to appear on your behalf. You may present evidence in support of your position,
including your own testimony.
G.S. § 163-89. Procedures for challenging absentee ballots.
(a)Time for Challenge. - The absentee ballot of any voter received by the county board of elections
pursuant to G.S. 163-231(b)(1) may be challenged no later than 5:00 P.M. on the fifth business day after
the primary or general election or county bond election. The absentee ballot of any voter received by the
county board of elections pursuant to G.S. 163-231(b)(2) may be challenged no later than 5:00 P.M. on the
next business day following the deadline for receipt of such absentee ballots.
(b)Who May Challenge. - Any registered voter of the same county as the absentee voter may
challenge that voter's absentee ballot.
(c)Form and Nature of Challenge. - Each challenged absentee ballot shall be challenged separately.
The burden of proof shall be on the challenger. Each challenge shall be made in writing and, if they are
available, shall be made on forms prescribed by the State Board of Elections. Each challenge shall specify
the reasons why the ballot does not comply with the provisions of this Article or why the absentee voter is
not legally entitled to vote in the particular primary or election. The challenge shall be signed by the
challenger.
(d)To Whom Challenge Addressed; to Whom Challenge Delivered. - Each challenge shall be
addressed to the county board of elections. It may be filed with the board at its offices or with the chief
judge of the precinct in which the challenger and absentee voter are registered. If it is delivered to the chief
judge, the chief judge shall personally deliver the challenge to the chairman of the county board of elections
on the day of the county canvass.
(e)Hearing Procedure. - All challenges filed under this section shall be heard by the county board
of elections on the day set for the canvass of the returns. All members of the board shall attend the canvass
and all members shall be present for the hearing of challenges to absentee ballots.
Before the board hears a challenge to an absentee ballot, the chairman shall mark the word "challenged"
after the voter's name in the register of absentee ballot applications and ballots issued and in the pollbook
of absentee voters.
The board then shall hear the challenger's reasons for the challenge, and it shall make its decision
without opening the container-return envelope or removing the ballots from it.
The board shall have authority to administer the necessary oaths or affirmations to all witnesses brought
before it to testify to the qualifications of the voter challenged or to the validity or invalidity of the ballot.
If the challenge is sustained, the chairman shall mark the word "sustained" after the word "challenged"
following the voter's name in the register of absentee ballot applications and ballots issued and in the
pollbook of absentee voters; the voter's ballots shall not be counted; and the container-return envelope shall
not be opened but shall be marked "Challenge Sustained." All envelopes so marked shall be preserved intact
by the chairman for a period of six months from canvass day or longer if any contest then is pending
concerning the validity of any absentee ballot.
If the challenge is overruled, the absentee ballots shall be removed from the container-return envelopes
and counted by the board of elections, and the board shall adjust the appropriate abstracts of returns to show
that the ballots have been counted and tallied in the manner provided for unchallenged absentee ballots.
If the challenge was delivered to the board by the chief judge of the precinct and was sustained, the
board shall reopen the appropriate ballot boxes, remove such ballots, determine how those ballots were
voted, deduct such ballots from the returns, and adjust the appropriate abstracts of returns.
Any voter whose ballots have been challenged may, either personally or through an authorized
representative, appear before the board at the hearing on the challenge and present evidence as to the validity
of the ballot. (1939, c. 159, ss. 8, 9; 1945, c. 758, s. 8; 1953, c. 1114; 1963, c. 547, s. 8; 1965, c. 871; 1967,
c. 775, s. 1; 1973, c. 536, s. 4; 1993 (Reg. Sess., 1994), c. 762, s. 29; 2009-537, s. 8(c); 2014-111, s. 15(d);
2017-6, s. 3; 2018-146, s. 3.1(a), (b); 2023-140, s. 15.)
Special Meeting
New Hanover County Board of Elections
November 5, 2024
Subject:
Counting of Absentee Ballots
Applicable Statutes and/or Rules
N.C. Gen. Stat §§ 163-234(2) and 163-234(7)
Summary:
The New Hanover County Board of Elections determined by resolution that the counting of absentee
ballots would occur at 2:00 PM on Election Day (11/05/2024). Only ballots approved by the Board of
Elections and received no later than 5:00 PM on the day preceding the election will be counted. The
process will occur as follows:
1. Staff will count absentee by mail ballots that were optically scanned using the model 850
central tabulator
2. Staff will take a USB drive(s) with absentee by mail results and upload data into the
ElectionWare reporting software
3. Staff will print results report from the ElectionWare computer for board review
4. Prior to 7:30 PM, staff will verify all results from the ElectionWare reporting software that
are imported into the SEIMS Election Reporting Software (ERS)
5. Absentee results will be released to the publicly viewable site by the NC State Board of
Elections at 7:30 pm
The Board must also sign an absentee abstract and submit it, via first class mail, to the NC State Board of
Elections following the counting of absentee ballots.
Document/s Included:
Absentee Abstract (Provided at Meeting)
Board Action Required:
Discuss as necessary and action required
Item # 2 Item # 3b
Special Meeting
New Hanover County Board of Elections
November 5, 2024
Subject:
Closed Session
Chairman Statement Prior to Closed Session:
I move that the Board enter into closed session, under N.C. Gen. Stat. § 143-318.11(6) to discuss
personnel matters.
Applicable Statutes and/or Rules:
N.C. Gen. Stat. § 143-318.11(6)
Summary:
Closed session is required to discuss personnel matters under N.C. Gen. Stat. § 143-318.11(6).
Board Action Required:
Discuss as necessary
Returning to Open Session:
I move that the Board return to open session, under N.C. Gen. Stat. § 143-318.11(6), to conduct
business remaining before the Board.
Item # 2 Item # 4
Special Meeting
New Hanover County Board of Elections
November 5, 2024
Subject:
General Discussion
Summary:
This is an opportunity for discussion on other elections-related matters not included in the
meeting agenda.
Board Action Required:
Discuss as necessary
Item # 5