Board Meeting Agenda Packet 03-05-2024MEETING AGENDA
Date: March 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.Early Voting Challenge - Rogers
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
March 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
March 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
March 5, 2024
Subject:
Early Voting Ballot Challenge - Rogers
Applicable Statutes and/or Rules
N.C. Gen. Stat § 163-89 , Numbered Memo 2022-05 (Rev. December 15, 2023), Session Law 2023-140
Summary:
The qualification 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 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.
The voter, Raymond Wilson Rogers, cast an absentee ballot that was returned to our office by mail on
3/1/24. It appears the same voter presented to vote in person on 3/1/24 at the Senior Resource Center
early voting site. The board will hold a hearing on the challenge at the canvass meeting on 3/15/24.
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 early voting 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 Memo 2022-05, Voter Challenge Form, Voting Applications (Provided at Meeting)
Board Action Required:
Discuss as necessary and action required
Item # 3a Item # 3a
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
March 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 (3/05/2024). 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
March 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
March 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