Board Meeting Agenda 12-09-2020MEETING AGENDA
Date: December 9, 2020 Time: 1:00 PM
Location: Board of Elections Type: Special
Scheduled Attendees:
Thomas C. Pollard, Chair
Evelyn D. Adger, Secretary
Jonathan W. Washburn, Member
Derrick R. Miller, Member
Rae Hunter-Havens, Elections Director
Joan Geiszler-Ludlum, Administrative Technician
Caroline Dawkins, Elections Program & Outreach
Coordinator
Sharon Smith, Temporary Support TechnicianRuss C. Bryan, Member
Visitor(s): Sheryl Kelly, Assistant County Manager
AGENDA ITEMS
1.Meeting Opening
a.Call to Order
b.Pledge of Allegiance
c.Approval of Agenda
2.Public Comment and Questions
Public Comment (2-minute limit)
3.General Discussion
Other Elections-Related Matters
4.New Business
Hand-to-Eye Recount (NC Supreme Court Chief Justice)
5.Adjournment
*Agenda packets are sent via email in advance of meetings.
DRAFT
Special Meeting
New Hanover County Board of Elections
December 9, 2020
Subject:
Approval of Agenda
Summary:
N/A
Board Action Required:
Staff recommends approval
Item # 1c
Special Meeting
New Hanover County Board of Elections
December 9, 2020
Subject:
Public Comment
Summary:
This is an opportunity for members of the public to provide comment on elections-related matters. Each
commenter will be limited to two minutes.
Board Action Required:
Discuss as necessary
Item # 2 Item # 2
Special Meeting
New Hanover County Board of Elections
December 9, 2020
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 # 3
Special Meeting
New Hanover County Board of Elections
December 9, 2020
Subject:
Hand-to-Eye Recount (NC Supreme Court Chief Justice)
Applicable Statutes and/or Rules
N.C. Gen. Stat §§ 163-182.7A(a) and 163-182.1; Numbered Memo 2020-32
Summary:
All county boards of election must complete a sample hand-to-eye recount in the NC Supreme Court
Chief Justice contest of one of the following as determined by the NC State Board of Elections.
1. One or more full precincts
2. Full counts of mailed absentee ballots
3. Full counts of one or more one-stop early voting sites
The North Carolina State Board of Elections has determined that New Hanover County will complete
sample hand-to-eye recount in the following precincts:
FP08 – Carolina Beach Municipal Complex Recreation Center - Full count of Election Day
precinct returns
H03 – Bradley Creek Elementary School - Full count of Election Day precinct returns
Recounts must be performed in the presence of the board or under the supervision of the board, which
means that either a quorum of the board (any three members) or a bipartisan team of two board
members must be present for the entire recount. Observers are allowed to witness the vote counting,
but cannot interfere. The county board shall mark observer areas and require that observers remain
within those areas unless otherwise permitted by the board of elections.
In accordance with Numbered Memo 2020-32, the Board must determine voter intent when the
bipartisan counting team encounters a ballot that cannot be clearly identified as a vote for one
candidate or another. County boards must separately retain and store all ballots where the voter intent
was adjudicated by the board. These ballots should be placed in a labeled envelope or containers and
clearly marked as ballots for which voter intent was adjudicated to ensure that the ballots can later be
retrieved in the event of a dispute.
The county board shall reconcile the number of ballots counted at each voting site selected for the
hand-eye recount with the number of ballots counted at those sites during the machine recount. County
boards shall report the results of their hand-eye recount in a survey provided by the State Board.
Document/s Included:
Numbered Memo 2020-32, Sample Hand-Eye Recount Instructions and Team Assignments
Board Action Required:
Discuss as necessary
Item # 3a Item # 4
Mailing Address: P.O. Box 27255 Raleigh, NC 27611 (919) 814-0700 or (866) 522-4723 Fax: (919) 715-0135
Numbered Memo 2020-32
TO: County Boards of Elections
FROM: Karen Brinson Bell, Executive Director
RE: Hand-To-Eye Recount
DATE: December 4, 2020
This memo provides guidance for the conduct of a hand-to-eye recount, including specific
examples of how to determine questions of voter intent.
The second-place candidate in the contest for NC Supreme Court Chief Justice (“the Contest”) has
requested a hand-to-eye recount, which will take place in 3% of the voting sites in each county in
accordance with state law. Only the NC Supreme Court Chief Justice contest shall be
recounted.
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 the Contest.
1 Preparation for Recount
1.1 Establish a Schedule
Recounts may begin on Monday, December 7, 2020 and should be completed by the end of the
day on Monday, December 14, 2020.
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 meeting at least 48 hours before the meeting. Send notice
of the recount to your notice list, county party chairs, attorneys for the two candidates in the
Contest, and other interested parties. 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.
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1.3 Secure a Location
Arrange for a space to conduct the recount. This may be your county board office or another
location 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 emergencies.
Mass gathering limits due to the pandemic do not apply to elections, as outlined in Numbered
Memo 2020-12; however, all participants must socially distance. This may mean you have to limit
the number of people who are in the room for the recount. If it is not possible to procure a
sufficiently large space for those who may want to attend in person, the county board of elections
must include on the meeting notice the number of public attendees allowed, indicate if RSVP is
required to secure one of those spots, and broadcast the absentee board meetings via video feed
using a service such as WebEx or Microsoft Teams. The county board must allow at least one
representative from each of the two candidates in the Contest to attend the recount in person.
The public must be able to see and hear the proceedings without compromising the secrecy of any
voter’s ballot. 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.
1.4 Secure Bipartisan Teams
The county board of elections shall arrange for a bipartisan team of four 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
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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.
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
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 the board or under the
supervision of the board. This means that either a quorum of the board (any three members) or a
bipartisan team of two board members must be present for the entire recount.
It is not appropriate for board members to participate on the bipartisan recount teams as 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 and
touch 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.
All individuals present—including county board staff, board members, party or candidate
observers, and members of the public—must wear a mask or face coverings unless an
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exception applies. Individuals who do not wear a face covering will be required to leave if
they do not wear a face covering upon request.
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. 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. Members of the
media are permitted to take photo or videos before or after the recount occurs. The board of
elections may enforce reasonable restrictions on items brought into the recount room such as
telephones, food, or drink.
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. If the Contest was 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.
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.
(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.
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(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 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 hand-to-eye audit or hand-to-eye recount. County boards shall report the results of
their recount in a survey that will be provided to collect this information.
Only if there is a material discrepancy between the electronic or mechanical count and a hand-to-
eye count or recount will the hand-to-eye count or recount control, 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. A material discrepancy is one that changes the outcome
of a contest.
Because the contest subject to a recount is statewide, the State Board will determine whether
any differences are material. The hand-to-eye results shall be compared to the results of the
machine recount. 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
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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:
a b c
7
d e f
g h i
8
j k l
m n o
9
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:
a b c
10
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:
a b c
d e f
11
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
12
d e f
g h i
13
j k l
m n o
14
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
15
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
16
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:
17
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
18
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:
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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
20
d e f
g h i
21
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
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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
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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
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6 Precinct Sort
County boards shall not conduct the precinct sort until all recounts have been completed. Precinct
sorts shall be completed within 30 days of the completion of all recounts.
What is a Sample Hand-Eye Recount?
A hand-to-eye recount conducted by county boards of elections in North Carolina can be requested by a
candidate after a machine recount in a sample of precincts in accordance with NC General Statute §163-
182.7A(a). This can include counting the results of the following:
One or more full precincts
Full counts of mailed absentee ballots
Full counts of one or more one-stop early voting sites
How does the Sample Hand-Eye Recount work?
As provided by NC General Statute §163-182.1 (a) and Numbered Memo 2020-32, the county board
shall conduct a hand-to-eye recount under the uniform and nondiscriminatory procedures and
standards adopted by the NC State Board of Elections. Observers are allowed to witness the vote
counting, but cannot interfere.
The count should be conducted in the following manner:
1. There will be two bi-partisan teams of four for each precinct - with each of the two political
parties with the largest voter registration in the county being represented equally on each team
2. There will be one observer, one caller and two talliers
3. After the talliers bundle four tally-marks plus a slash (representing five votes), each tallier will
say “Tally.” If the talliers have a different count, they must reconcile the difference before
proceeding
4. If the four members cannot unanimously agree on voter intent, the county board members will
determine the intent by majority vote
Which precincts and contest(s) have been chosen for the 2020 General Election Sample Hand-
Eye Recount?
Contest: NC Supreme Court Chief Justice
Precinct 1: FP08 – Carolina Beach Municipal Complex Recreation Center - Full count of Election Day
precinct returns
Precinct 2: H03 – Bradley Creek Elementary School - Full count of Election Day precinct returns
What are the teams for the 2020 General Election Sample Hand-Eye Recount?
Team 1 – FP08 Team 2 – H03
Nick Radan (U) – Tallier Peggy Porter (U) – Tallier
Emily Fountain (D) - Tallier Joel Sanders (D) – Tallier
Jane Saunders (R) – Caller Pam Craven (U) – Caller
Jim Schweizer (U) - Observer Steve McKee (R) - Observer