HomeMy WebLinkAboutBoard Meeting Agenda Packet 12-04-2024MEETING AGENDA
Date: December 4, 2024 Time: 9:00 AM
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 Joan Geiszler-Ludlum, Administrative Technician
Bruce Kemp, Member Jessica O’Neill, Program & Outreach Coordinator
Tom S. Morris, Member
Visitor(s): Karen Richards, 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
•Hand-to-Eye Recount of the NC Supreme Court Associate Justice Seat 6 Contest
4.General Discussion
•Other Elections-Related Matters
5.Adjournment
*Agenda packets are sent via email in advance of meetings.
Special Meeting
New Hanover County Board of Elections
December 4, 2024
Subject:
Approval of Agenda
Summary:
N/A
Board Action Required:
Staff recommends approval
Item # 1c
Special Meeting
New Hanover County Board of Elections
December 4, 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
December 4, 2024
Subject:
Hand-to-Eye Recount of the NC Supreme Court Associate Justice Seat 6 Contest
Applicable Statutes and/or Rules
N.C. Gen. Stat § 163-182.7A, 08 NCAC 09 , Numbered Memos 2024-09, 2019-07
Summary:
The New Hanover County Board of Elections conducted a machine recount of the NC Supreme Court
Associate Justice Seat 6 Contest on Wednesday and Thursday, November 20 and 21, 2024. In accordance
with N.C. Gen. Stat. § 163-182.7A, Jefferson G. Griffin requested a sample hand-to-eye recount within 24
hours of the completion of the initial machine recount by all counties in the state.
A random selection of 3% of the precincts casting ballots in the election was used for the sample hand-
to-eye recount. On Tuesday, December 3, 2024, the State Board conducted a random drawing to
determine the sampling of precincts or early voting sites that will be recounted by hand for each county
board of elections in the state. Based on this selection, New Hanover County will conduct a full hand-to-
eye recount for the NC Supreme Court Associate Justice Seat 6 Contest in the following precincts:
• H13 – Porters Neck Village
• W30 – Cape Fear Presbyterian Church
A bipartisan team of election officials will hand count the votes cast in this contest for these two
precincts. The hand-counted results are compared to the recounted results and any variances are
documented and reported to the NC State Board of Elections. In the event the results of the sample
hand-to-eye recount differ from the machine recount results such that extrapolating the amount of the
change to the entire state would reverse the results, the NC State Board of Election would order a full
statewide hand-to-eye recount in this contest. To determine whether any change in results would
reverse the results, the State Board would consider the number of ballots that were recounted, the
amount of change in the results, and the total votes cast for that office.
Document/s Included:
Numbered Memos 2024-09, 2019-07
Board Action Required:
Discuss as necessary
Item # 3
www.ncsbe.gov P.O. Box 27255
Raleigh, NC 27611
Numbered Memo 2024-09
TO: County Boards of Elections
FROM: Karen Brinson Bell, Executive Director
RE: Hand-To-Eye Recount
DATE: December 2, 2024
This memo provides guidance for the conduct of a hand-to-eye recount, including specific
examples of how to determine questions of voter intent. It covers both sample hand-to-eye recounts
and full hand-to-eye recounts.
A sample recount involves a hand-to-eye recount of all ballots cast in 3% of in-person voting sites
in each county, in accordance with state law. In the event of a sample hand-to-eye recount, only
contests where such a recount has been validly requested under G.S. 163-182.7A shall be
recounted. If more than one such recount has been validly requested and applies to a county, those
sample hand-to-eye recounts may be combined.
The sample for each county shall be drawn at random by the State Board in a publicly noticed
drawing, and selections will be distributed to the county boards of elections by email and posted
to the State Board’s website. The sample shall be all the ballots in three percent (3%) of the
precincts casting ballots in each county in the jurisdiction of the office, rounded up to the next
whole number of precincts. The sample chosen by the State Board shall be of one or more full
precincts or full counts of one or more in-person early voting sites, or a combination.1 Unlike the
statute governing sample audits after Election Day, the sample hand-eye recount statute does not
include absentee ballots in the sampling. For selecting the precincts or early voting sites, the State
Board will use the same randomization procedure that it used for the sample audit after Election
Day.
In the event the results of the sample hand-to-eye recount differ from the machine recount results
within those voting sites such that extrapolating the amount of the change to the entire state (based
on the proportion of ballots recounted to the total votes cast for that office) would result in
reversing the results, the State Board will order a full statewide hand-to-eye recount in that contest.
1 See G.S. §163-182.7A.
2
1 Preparation for Recount
1.1 Establish a Schedule
Recounts must begin within two business days of the demand for a hand-to-eye recount being
received by the board of elections with jurisdiction over the contest.2 They should be completed
by the end of the day on the 5th business day after the start of the recount..
All counting teams should take a 15-minute break after every two hours of counting to avoid
fatigue, which may lead to unintended errors. It is recommended that teams take at least a 30-
minute meal break after counting periods in both the morning and afternoon.
1.2 Notice the Recount
Prepare and publish notice of the recount at least 24 hours before the recount will begin by email
to your notice list, county party chairs, attorneys for the two candidates in the Contest, and other
interested parties.3 You should also post it on your website, if possible.
Also, complete the State Board’s survey, which will provide the location and schedule of each
county’s recount to the state parties and affected candidates. This will also be posted on the State
Board website.
1.3 Secure a Location
Arrange for a space to conduct the recount. This may be your county board office or another
location in your county if your office is not sufficiently large. You should arrange the area such
that public observers are separated from the area where the hand tallying is occurring. There should
also be a designated area for board members to view the recount.
The director or their designee shall be assigned the role of recount captain. Assigning a recount
captain helps maintain control over the recount and ensures that ballots and other items are
accounted for at all times. The recount captain shall have in their possession a report of the results
of the Contest from the election management software.
If a county board uses multiple rooms or locations for a recount, they shall require that a permanent
county staff member be assigned at each site and the staff member shall be designated as the
recount captain for that location. The county board of elections shall arrange for one person to
manage the distribution of the voted ballots for each of the voting sites that are subject to the
recount. You may need extra persons to assist or in case of unexpected staffing problems.
2 08 NCAC 09 .0110.
3 08 NCAC 09 .0110.
3
The county board must select a recount location that provides sufficient space for observation by
at least the affected candidates or their designees. If there is not sufficient room for all observers
to view the recount, preference shall be given to candidates or their designees.
Public attendees must be able to see and hear the proceedings without compromising the secrecy
of any voter’s ballot or other confidential information. If broadcast by video feed, staff must ensure
that the public cannot view any voted ballots or other confidential information, such as voter
signature, on the video feed. A staff member should be assigned to monitor the video feed
throughout the absentee board meeting to ensure that confidential information is not viewable by
the public. County board members and staff must be particularly mindful of ballot secrecy
throughout the recount proceedings.
1.4 Secure Bipartisan Teams
The county board of elections shall arrange for a bipartisan team of four North Carolina registered
voters to conduct the recount as follows:
• A team of two officials (one Democrat and one Republican) to relay the results of each
ballot. One person will read the ballot and the other official will ensure the correct vote
was read aloud.
• A team of two officials (one Democrat and one Republican) to record the tally of votes for
each candidate on paper. Each of the two officials shall separately record the tally. For
every vote for a candidate, each official shall place a vertical line on the tally sheet. After
every fifth vote for each candidate, each official shall place a diagonal line across the four
vertical lines and state aloud the word “tally.” If the two officials do not state the word
“tally” at the same time, the team shall resolve the difference before proceeding.
If a county board has diligently sought to fill the positions with voters affiliated with the
Democratic and Republican parties, but still has an insufficient number of officials for the recount,
the county board by a bipartisan majority vote of its members may appoint to the bipartisan team
an unaffiliated voter or voter affiliated with one of the other political parties recognized in North
Carolina.4 In no instance shall the county board appoint more than two members to a bipartisan
team who are unaffiliated or affiliated with one of the other political parties.
1.5 Organize Recount Materials
You should place “Quiet Please – Counting in Progress” or other similarly worded signage in the
recount location. Tables used for the recount should be clear of all items except for the ballots to
be counted, pencils, tally sheets, and any reconciliation or chain of custody documents. Teams
4 08 NCAC 09 .0106(d).
4
should not be permitted to have food or drink near the ballots. The room(s) used for the recount
should be cleared of all other ballots, ballot boxes, and other storage items.
The county board shall also ensure that seals and other security materials to secure the ballots
following the recount are readily available.
2 Presence of Board Members
Recounts are open to the public and must be performed in the presence of a quorum of the board
(any three members) or a bipartisan team of two board members.
County board members shall not serve on the bipartisan team for hand-to-eye recounts.5 Their role
is to supervise the recount proceedings and determine questions of voter intent. See Section 4,
Counting of Ballots and Voter Intent.
3 Public Observance
Any person may attend the recount. This includes the candidates, their representatives or legal
counsel, media representatives, and any other interested persons. These persons may observe the
counting process but may not observe individual ballots. The bipartisan counting teams, members
of the county board staff, and the county board members are the only persons who may handle the
ballots and other election materials.
The county board of elections shall exercise control over the conduct of the recount to ensure that
the bipartisan counting teams do not experience interference from any person observing the
recount. All persons who are not under the supervision of the county board of elections are
considered observers and shall not impede or disrupt the recount process in any way. If any
observer engages in disruptive behavior that in the opinion of the board of elections threatens the
orderly conduct of the recount, the board of elections shall issue a warning. If the observer does
not cease the offending conduct, the county board shall order the observer’s removal.6
It is recommended that observers wear badges or nametags identifying themselves and their role
(candidate, media, etc.). The county board of elections shall mark observer areas and require that
observers remain within those areas unless otherwise permitted by the board of elections. Place
signage designating the area and communicating instructions of the proceedings and permissible
5 08 NCAC 09 .0106(d).
6 N.C.G.S. § 163-182.2(a)(3): “Any member of the public wishing to witness the vote count at
any level shall be allowed to do so. No witness shall interfere with the orderly counting of the
official ballots. Witnesses shall not participate in the official counting of official ballots.”
5
conduct. If there is not sufficient room for all observers to view the election materials, preference
shall be given to candidates or their designees.
The use of video or still cameras by the public inside the recount room is not permitted because of
the statutory prohibition on photographing or videotaping individual ballots.7 Members of the
media are permitted to take photos or videos before or after the recount occurs, or in a manner that
ensures no voted ballot can be recorded. The board of elections may enforce reasonable restrictions
on items brought into the recount room such as telephones, food, or drink. The county board may
also enforce reasonable restrictions on noise or other disruptions in the counting location.8
4 Counting of Ballots and Voter Intent
4.1 Board Must Determine Voter Intent
Voter intent is the governing standard when questions arise about how to adjudicate markings on
a ballot. Questions about voter intent can arise during a hand-to-eye recount if a voter marks the
ballot in an inappropriate manner, places marks in the wrong location on the ballot, or otherwise
marks the ballot in a manner that causes the voter’s choice to be in dispute. This memo supplements
Numbered Memo 2019-07, which is still in effect.
Determinations of voter intent must be made by the county board. If the bipartisan counting team
encounters a ballot that cannot be clearly identified as a vote for one candidate or another, the
ballot must be set aside. All ballots with a potential overvote or undervote shall be adjudicated by
the county board at the conclusion of the tallying by the bipartisan team. However, if the Contest
was clearly left blank—meaning there are no marks in the target or candidate area for the Contest—
the county board does not need to determine voter intent and the ballot shall not be counted for
any candidate. Undervotes and overvotes must be accounted for in the county board’s tally
sheets, even though they do not count for any candidate in the contest, to ensure that the
number of ballots counted is properly reconciled with the number of ballots cast and the
number of ballots counted in the machine recount.
4.2 Statutory Requirements
Official ballots shall be counted according to the principles and rules contained in G.S. § 163-
182.1(a):
“(1) Only official ballots shall be counted.
7 N.C.G.S. § 163-165.1(e).
8 N.C.G.S. § 163-33(1).
6
(2) No official ballot shall be rejected because of technical errors in marking it, unless
it is impossible to clearly determine the voter's choice.
(3) If it is impossible to clearly determine a voter's choice in a ballot item, the official
ballot shall not be counted for that ballot item, but shall be counted in all other
ballot items in which the voter's choice can be clearly determined.
(4) If an official ballot is marked in a ballot item with more choices than there are
offices to be filled or propositions that may prevail, the official ballot shall not be
counted for that ballot item, but shall be counted in all other ballot items in which
there is no overvote and the voter's choice can be clearly determined.
(5) If an official ballot is rejected by a scanner or other counting machine, but human
counters can clearly determine the voter's choice, the official ballot shall be counted
by hand and eye.
(6) Write-in votes shall not be counted in party primaries or in referenda, but shall be
counted in general elections if all of the following are true:
a. The write-in vote is written by the voter or by a person authorized to assist
the voter pursuant to G.S. 163-166.8.
b. The write-in vote is not cast for a candidate who has failed to qualify under
G.S. 163-123 as a write-in candidate.
c. The voter's choice can be clearly determined.”
4.3 Uploading Results
The county board shall reconcile the number of ballots counted at each voting site selected for the
hand-to-eye recount with the number of ballots counted at those sites during the machine recount.
The results of the sample hand-to-eye recount are not to be uploaded into your election
management system or election night reporting. This is because G.S. § 163-182.2(a)(6) generally
provides that, in its canvass, a board of elections shall rely on the mechanical or electronic count
of the vote, rather than the sample hand-to-eye audit or sample hand-to-eye recount. County
boards shall report the results of their sample recount in a survey that will be provided to collect
this information. This survey will compare the results of the machine recount for the sample group
against the hand-to-eye recount results for that same group of ballots.
Only in the event of a full hand-to-eye recount, if there is a material discrepancy between the
electronic or mechanical count and the full hand-to-eye count or recount will the hand-to-eye count
control, except where paper ballots or records have been lost or destroyed or where there is another
7
reasonable basis to conclude that the hand-to-eye count is not the true count.9 A material
discrepancy is one that changes the outcome of a contest. For any contest subject to the State
Board’s canvassing jurisdiction, the State Board will compare the full hand-to-eye recount results
to the machine recount results to determine whether any differences are material; the county board
will make that determination for any contests within the county board’s canvassing jurisdiction.10
County boards shall retain all media devices in a secure location in the event the State Board directs
that the results are to be uploaded into your election management system.
4.4 Retaining Adjudicated Ballots
County boards must separately retain and store all ballots where voter intent was adjudicated by
the board. Any such ballots shall be placed in a labeled envelope or container and clearly marked
as ballots for which voter intent was adjudicated. This directive is being provided to ensure that
the ballots can later be retrieved in the event of a dispute.
5 Guidelines for Determining Voter Intent
For any printed ballot that is to be counted hand-to-eye, the following guidelines shall be used in
determining voter intent. For purposes of this guidance, the following definitions apply:
• “Target area” is the square or oval next to the candidate’s name on the printed ballot.
• “Candidate area” is the area between the lines separating candidate names, or the area that
is clearly closer to one candidate’s name than another. “Candidate area” includes the
candidate’s name and party affiliation, if listed.
5.1 General Guidelines
5.1.1 Any ballot that is properly marked in the target area for one candidate only shall be
designated as a vote for that candidate.
Examples of votes that shall be counted:
9 N.C.G.S. § 163-182.2(a)(6).
10 See N.C.G.S. § 163-182.4.
8
a b c
d e f
9
g h i
j k l
10
m n o
5.1.2 If the names of all but one candidate are stricken through, the ballot shall be counted for
the one candidate whose name was not stricken through.
Examples of votes that shall be counted for the candidate whose name is NOT stricken through:
11
a b c
5.1.3 If there are identical marks for two or more candidates, clarified by an additional or
different mark or marks that appear to indicate support for one candidate, the ballot shall
be counted as a vote for the candidate with the additional or different marks.
Examples of votes that shall be counted for the candidate with the additional clarifying mark:
12
a b c
d e f
13
g
5.1.4 Any ballot that has any other mark or marks in the target area or candidate area for one
candidate only, including circling the target area and/or the candidate’s name or making a
mark through the target area or candidate’s name, provided no other candidate for that
office is similarly marked, shall be counted as a vote for that candidate.
Examples of votes that shall be counted:
a b c
14
d e f
g h i
15
j k l
m n o
16
p
5.1.5 Any ballot that has a mark or marks in the target area or candidate area for one candidate,
which extends partially into one or more other target areas or candidate areas, shall be
counted as a vote for the candidate so marked only if a majority of the mark is in that
candidate’s area or target area, it is readily apparent that the voter intended to vote for
that candidate, and no other candidate is similarly marked.
Examples of votes that shall be counted:
a b c
17
d e f
5.1.6 Marks extending across more than one candidate’s area may be counted if the lines of the
“x” or the bottom point of the check mark clearly lie inside the box or on top of the name
or party affiliation or candidate area of one candidate, and no other candidate is similarly
marked.
Examples of votes that shall be counted:
a b c
18
5.1.7 Any ballot that has a mark in the target area or candidate area for one candidate, and on
which other marks in the target areas or candidate areas for any other candidates have
been partially erased, scratched out, or otherwise obliterated, shall be counted as a vote
for the candidate for which the mark was not erased, scratched out, or otherwise
obliterated, provided no other candidate is similarly marked.
Examples of votes that shall be counted:
a
(To be counted for Trump)
b
(To be counted for Biden)
c
(To be counted for Blankenship)
5.1.8 Any ballot that has a mark that is clearly next to (either before or after) a candidate's name,
or across the name, shall be recognized as a mark for that candidate. Similarly, a mark
between or over the "timing marks" of the ballot, that are clearly opposite or next to one
candidate's name and not near another candidate's name, shall be recognized as a mark.
Examples of votes that shall be counted:
19
a b
5.1.9 A mark that is between or across more than one candidate’s name, candidate area, or
target area shall not be recognized as a vote.
Examples of votes that shall not be counted:
a b c
20
d e f
g h
5.1.10 Any writing or comment on the ballot (other than a write-in) that clearly indicates the
voter's support for one and only one candidate for the office, and that cannot be
interpreted as a comment in favor of any other candidate in that election, shall be
counted as a vote for that candidate.
Examples of votes that shall be counted:
21
a b c
5.2 Overvotes
5.2.1 Any ballot that is marked for more than one candidate for the office shall be deemed an
overvote and no vote shall be counted for that ballot item.
Examples of votes that shall not be counted:
a b c
22
d e f
g h i
23
j k
5.3 Undervotes
5.3.1 Any ballot on which there is no mark under the office, or any other mark or comment
indicating support for a candidate for the office, is an undervote and shall not be counted
as a vote for any candidate.
Examples of votes that shall not be counted:
a b
24
5.3.2 A mark that is clearly a negative or extraneous comment, or which indicates the voter’s
opposition to one or more candidates, shall be considered an undervote, provided the
ballot is not so marked to indicate which candidate the voter supports.
Examples of votes that shall not be counted:
a b c
d e f
25
5.3.3 If a substantial part of the candidate’s name is crossed through or stricken out, the mark
shall be considered an undervote and shall not be counted.
Examples of votes that shall not be counted:
a b c
d
26
6 Precinct Sort
County boards shall not conduct the precinct sort until all recounts have been completed. We
understand this means you may not be able to complete the precinct sort by 30 days after the
election. Even if this is the case, G.S. § 132.5G (d) requires that “the chair of the county board of
elections appear and explain the delay at the next official meeting of the State Board.” The county
board chair may report that the delay was due to the recount. In this event, the State Board will
distribute a survey or some other method to collect these explanations without requiring board
chairs to appear in person at a State Board meeting.
Mailing Address: P.O. Box 27255, Ra-leigh, NC 27611
(919) 814-0700 or(866) 522-4723
Fax: (919) 715-0135
Numbered Memo 2019-07
TO: County Boards of Elections
FROM: Karen Brinson Bell, Executive Director
RE: Guidance Regarding What Constitutes a Vote
DATE: November 1, 2019
Pursuant to Section 301 (a)(6) of the Help America Vote Act of 2002, codified as 42 U.S.C. §
15481(a)(6), and N.C.G.S. § 163-182.1(b), this guidance is being provided to county boards of
elections to ensure uniformity in the tabulation of election results and the conduct of hand-to-eye counts, hand-to-eye recounts, and other audits. It updates and supersedes prior guidance on this subject from 2006. This memo also provides guidance on when a vote should be counted in cir-cumstances in which a voting system is unable to determine the voter’s intent with respect to a
marked ballot.
State law sets out clear standards for what constitutes a vote. The purpose of this memo is to explain those standards and provide examples of their application to particular circumstances.
Voting Systems
The State Board of Elections may certify voting systems only if they meet statutory requirements,
including generating either a paper ballot or a paper record by which voters may verify their votes before casting them and which provides a backup means of counting the vote that the voter casts. Voting systems are required to generate a paper record of each individual vote cast. The paper ballot must be maintained in a secure fashion and serves as the backup record for purposes of any
hand-to-eye count, hand-to-eye recount, or other audit. Electronic systems that employ optical
scan technology to count paper ballots are deemed to satisfy the requirement.1
1 G.S. § 163-165.7(a): … The State Board may certify voting systems only if they meet the re-
quirements set forth in this section and only if they generate a paper ballot which provides a backup
means of counting the vote that the voter casts. Those voting systems may include optical scan
and direct record electronic (DRE) voting systems that produce a paper ballot. Among other re-
quirements as set by the State Board of Elections, the certification requirements shall require at
least all of the following elements:
…
(4)With respect to electronic voting systems, that the voting system generate a
paper ballot of each individual vote cast, which paper ballot shall be maintainedin a secure fashion and shall serve as a backup record for purposes of any hand-
2
Regardless of whether the ballot is a standard paper ballot in which all candidates for a ballot item
are printed on the ballot, or whether the ballot is a printout of only the selections the voter made, the voter must have the opportunity to verify his or her intent by confirming that the choices the voter selected are correctly marked on the ballot. The voter is not verifying that the barcodes or coordinates printed on the ballot for tabulation purposes are the voter’s choices; rather, the voter is verifying that the ovals or rectangles are accurately filled in on standard paper ballots or, in the
case of a barcode ballot, the voter is verifying that the names printed on the ballot accurately reflect the voter’s selections. Any hand-to-eye count or other circumstance where a person is hand count-ing a ballot would use the selection that was verified by the voter, not the coordinates or barcodes.
Ballot marking instructions are provided for each ballot. G.S. § 163-165.5(a)(6). Hand-marked
ballots should be marked according to the instructions provided for the ballot using a pen or mark-
ing device provided at the polling place to fill in the oval or rectangle next to the candidate for whom the voter wishes to vote. When a voter’s choice cannot be tabulated by the voting equip-ment, the principles and rules for counting official ballots as contained in G.S. §§ 163-182.1 and 182.2 and 08 NCAC 6B. 0105 shall apply. Ballot marking device (BMD) voting systems do not
allow irregularly marked ballots. The voter should follow instructions on the voting equipment to
ensure the vote is cast and that the voter has received confirmation thereof.
Voter Intent Voter intent is the governing standard in the event questions arise about how to adjudicate the contents of a ballot. Questions about voter intent can arise when a voter hand marks a ballot and
the voting system is unable to determine which choices the voter has made. This could occur if a voter uses an improper marking instrument, marks the ballot in an inappropriate manner, places marks in the wrong location on the ballot, or otherwise acts in a manner that causes the voter’s ballot to be unreadable by the voting system for which the ballot was designed. Questions about voter intent can also arise during a hand-to-eye count.
Official ballots shall be counted according to the principles and rules contained in G.S. § 163-182.1(a):
“(1) Only official ballots shall be counted;
(2)No official ballot shall be rejected because of technical errors in marking it,
unless it is impossible to clearly determine the voter's choice;
(3)If it is impossible to clearly determine a voter's choice in a ballot item, the offi-cial ballot shall not be counted for that ballot item, but shall be counted in allother ballot items in which the voter's choice can be clearly determined;
(4)If an official ballot is marked in a ballot item with more choices than there are
offices to be filled or propositions that may prevail, the official ballot shall not
be counted for that ballot item, but shall be counted in all other ballot items in
to-eye count, hand-to-eye recount, or other audit. Electronic systems that em-
ploy optical scan technology to count paper ballots shall be deemed to satisfy this requirement.
3
which there is no overvote and the voter's choice can be clearly determined;
(5)If an official ballot is rejected by a scanner or other counting machine, but hu-
man counters can clearly determine the voter's choice, the official ballot shallbe counted by hand and eye; and
(6)Write-in votes shall not be counted in party primaries or in referenda, but shallbe counted in general elections if all of the following are true:
a.The write-in vote is written by the voter or by a person authorized to
assist the voter pursuant to G.S. 163-166.8;
b.The write-in vote is not cast for a candidate who has failed to qualifyunder G.S. 163-123 as a write-in candidate; and
c. The voter's choice can be clearly determined.”
Examples
The following non-exhaustive guidance provides examples of how to apply the standards in G.S. § 163-182.1(a) to real-world scenarios:
•For the purpose of conducting sample hand-to-eye audits under G.S. § 163-182.1(b)(1),
hand-to-eye recounts under §§ G.S. 163-182.7 and G.S. 163-182.7A, and hand-to-eye counts for any other reason, the printed names must always be used in counting the votes, rather than coordinates or barcodes. This is because the printed name is what the voter used to verify his or her intent.
•If a write-in candidate’s name is misspelled or incomplete, a vote for the candidate should be counted if the board of elections can determine which candidate the voter intended to vote for. Pursuant to G.S. § 163-182.1(a)(3), a ballot should not be rejected due to technical errors unless it is impossible to determine a voter’s intent.
•If a voter votes for a candidate by filling in the oval or rectangle or selecting the name on a BMD and also writes in a candidate’s name, the vote shall be counted one time for that candidate. G.S. § 163-182.1(4) does not apply in this circumstance because it is possible to determine what the voter intended. Similarly, if a voter writes in the same name more than once in a multi-seat contest, a vote shall be counted one time for that candidate. In all
such instances where the voter attempts to use write-ins to vote for the same individual more than once, no more than one vote shall be counted for the candidate and the rest shall simply be reported as miscellaneous.
•If the voter writes in a name but does not fill in the accompanying oval or rectangle, in a
hand-to-eye count the vote shall be counted for that candidate if it can be determined who the voter intended to vote for.
•If a voter votes for more than one candidate in a vote-for-one contest, the votes in that
contest shall not be counted. This includes if one of the votes is a write-in and the
accompanied oval or rectangle is not filled in. However, if a voter crosses out the
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candidate for whom they overvoted, such that the county board of elections can
determine the voter’s intent, then that vote shall be counted.
Sample Audit Count County boards should immediately report any unexplained discrepancies discovered during a sam-ple audit count or any other hand-to-eye count to the State Board. In the event of a material dis-crepancy between the electronic or mechanical count and a hand-to-eye count, the hand-to-eye
count shall control, and the canvass documents should reflect this, except where paper ballots or
records have been lost or destroyed or where there is another reasonable basis to conclude that the hand-to-eye count is not the true count. G.S. § 163-182.2(b)(2).
In a sample audit count, if the discrepancy between the hand-to-eye count and the mechanical or
electronic count is significant, a complete hand-to-eye count shall be conducted. The sample count
need not be done on election night. G.S. § 163-182.2(b)(2). “Significant” has been interpreted to mean a difference that cannot be explained. It may be appropriate to conduct a second hand-to-eye count of the same ballots if the county board has an indication that human error may account for the difference between the electronic or mechanical count and the first hand-to-eye count.
Special Meeting
New Hanover County Board of Elections
December 4, 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 # 4