Board Meeting Agenda Packet 03-15-2024MEETING AGENDA
Date: March 15, 2024 Time: 11:00 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 Noelle Powers, Database & Systems Specialist
Bruce Kemp, Member Joan Geiszler-Ludlum, Administrative Technician
Tom S. Morris, Member Beth Pugh, Elections Specialist
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.Absentee Ballot Challenge Hearing
b.Canvass of 2024 Primary Election
c.Resolution to Adopt a Time for Counting Absentee Ballots for 2024 Second Primary
Election
d.2024 Second Primary Elections Notice
e.Temporary Transfer of Voters for Precinct M06
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 15, 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 15, 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 15, 2024
Subject:
Early Voting Ballot Challenge Hearing
Applicable Statutes and/or Rules
N.C. Gen. Stat § 163-86 and 163-89(e), and NCSBOE Numbered Memo 2022-05
Summary:
On March 5, 2024, the county board entered a challenge to Raymond Wilson Rogers’s right to cast an
early voting ballot for the 2024 Primary Election due to the following reason: “With respect to a primary
or election on 3/5/2024, the person has already voted in the primary or election”. The voter appears to
have cast an absentee ballot that was returned to our office by mail on 3/1/24 and presented to vote in
person on 3/1/24 at the Senior Resource Center early voting site. The voter was notified in advance of
the challenge hearing regarding the reason for the challenge and the date and time of county canvass.
The following parties have been notified of the challenge hearing scheduled for March 15, at 11:00 AM:
• Challenged Registrant (via certified first-class mail)
• Derrick R. Miller, Challenger (via email)
• Jill Hopman, Chairman, New Hanover County Democratic Party (via email)
• Nevin Carr III, Chairman, New Hanover County Republican Party (via email)
At this meeting, the Board will need to determine if the evidence presented merits removal of voter’s
early voting ballot. A challenge cannot be sustained unless the challenge is substantiated by affirmative
proof.
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.
Item # 3a
Document/s Included:
NCSBOE Numbered Memo 2022-05; Voter Challenge Procedures; Notice of Early Voting Ballot Challenge
and Voter Documents (Provided at Board Meeting)
Board Action Required:
Discuss as necessary and action required
P.O. Box 27255
Raleigh, NC 27611
(866) 522-4723
www.ncsbe.gov
Numbered Memo 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.)
Challenge Hearing Process
During challenges proceeding, the Board must follow the following steps in accordance with
N.C. Gen. Stat §163-86:
1. The Board Chair shall state reason for challenge hearing.
2. The Board Chair shall call upon the challenged registrant to appear before the Board.
• Chairman- “I would like to call “Voter’s Name” to please come forward”
3. The Board Chair shall administer the oath to the challenged registrant.
• Chairman-Repeat after me:
"I, “Voter’s Name” , swear (or affirm) that the statements and information I shall give in this
hearing with respect to my identity and qualifications to be registered and to vote shall be the
truth, the whole truth, and nothing but the truth, so help me, God."
4. The Board shall examine the challenged registrant as to their rights to register and vote.
If the challenged registrant insists that he or she is qualified to register and vote, the
Board Chair shall administer the second oath.
• Chairman-Repeat after me:
" I do solemnly swear (or affirm) that I am a citizen of the United States; that I am at least 18
years of age or will become 18 by the date of the next general election; that I have or will have
resided in this State and in the precinct for which registered for 30 days by the date of the next
primary or election; that I am not disqualified from voting by the Constitution or the laws of this
State; that my name is “Voter’s Name” and that in such name I am duly registered as a voter of
“Voter’s Precinct”; and that I am the person I represent myself to be, so help you, God."
If the challenged registrant refuses to take the tendered oath, the challenge shall be
sustained.
5. Allow the challenged registrant to present evidence against the claims against him/her.
6. Allow testimony of witnesses that have been prescribed the required oath.
Chairman-Repeat after me:
• “I swear (or affirm) that the statements and information that I give in this hearing with respect
to the matter of “Voter’s Name” to register and to vote, shall be the truth, the whole truth, and
nothing but the truth, so help me, God”
7. After hearing evidence, sustain or overrule the challenge by majority vote and sign the written
decision.
• Challenges shall only be upheld if it is substantiated by affirmative proof (N.C. Gen.
Stat. §163-86).
End of Proceedings
Special Meeting
New Hanover County Board of Elections
March 15, 2024
Subject:
Canvass of the 2024 Primary Election
Applicable Statutes and/or Rules
N.C. Gen. Stat § 163-182.5(b), NCSBOE Numbered Memo 2023-04
Summary:
The canvass means the entire process of determining that the votes have been counted and tabulated
correctly, culminating in the authentication of the official results. Once the Board has made this
determination, the election may be finalized. The Board will also need to sign original canvass abstracts
for internal records and distribution to the NC State Board of Elections and Clerk of the Superior Court of
New Hanover County.
Document/s Included:
NCSBOE Numbered Memo 2023-04, 2024 Primary Election Reconciliation Notes and Canvass Abstracts
(Provided at Board Meeting)
Board Action Required:
Staff Recommends Approval
Item # 3b
P.O. Box 27255 Raleigh, NC 27611
(866) 522-4723
www.ncsbe.gov
Numbered Memo 2023-04
TO: County Boards of Elections
FROM: Karen Brinson Bell, Executive Director1
RE: Provisional Ballots and Canvass Procedures
DATE: October 12, 2023 (Updated February 26, 2024)2
This Numbered Memo outlines administrative procedures for rendering decisions on provisional
ballots and for canvassing elections, including the procedures for counting votes cast through the
different means for doing so in our elections. Procedures implementing election laws generally
should be uniformly applied throughout North Carolina, and the directives in this memo help
ensure consistency in practices by county boards.
Table of Contents
1. Review of Provisional Ballots ................................................................................................ 3
2. Provisional Review: Voter Eligibility ..................................................................................... 3
2.1 Missing Information on Provisional Application ........................................................... 4
2.2 DMV Provisional Research ............................................................................................ 5
2.2.1 Conducting DMV Provisional Research ........................................................................ 5
2.2.2 Understanding the DMV Research Report .................................................................... 6
2.3 Removed Due to List Maintenance................................................................................. 7
2.4 Unreported Moves .......................................................................................................... 8
2.5 Incorrect Precinct ............................................................................................................ 9
2.6 No Record of Registration .............................................................................................. 9
2.7 Voters Removed Due to Felony Conviction ................................................................. 10
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 Much of the guidance in this numbered memo was previously issued as Numbered Memo 2018-05 by
Executive Director Kim Westbrook Strach. This memo replaces that prior memo and includes many
critical updates, including the processes for when a voter casts a provisional ballot for a photo ID-related
reason. This memo was updated on February 26, 2024, to reflect changes in various election laws after the
enactment of N.C. Session Law 2023-140.
2
2.8 Voters Removed Due to Moving Out of County .......................................................... 10
2.9 NCOA Notification ....................................................................................................... 10
2.10 Residency ...................................................................................................................... 11
2.11 Denied Registration ...................................................................................................... 11
2.12 Same-Day Registrant Without Proof of Residence ...................................................... 11
2.13 Incorrect Party ............................................................................................................... 11
2.14 Voted During Extended Hours on Election Day ........................................................... 12
2.15 Already Voted ............................................................................................................... 12
3. Provisional Review: Photo ID .............................................................................................. 13
3.1 When the Voter Has Completed a Photo ID Exception Form ...................................... 13
3.2 When the Voter Brings a Photo ID to the County Board Office After Voting ............. 15
4. Canvass Procedures .............................................................................................................. 16
4.1 All Members Present..................................................................................................... 17
4.2 Public Notice ................................................................................................................. 17
4.3 Reconciliation ............................................................................................................... 17
4.4 Counting of Early Voting Ballots ................................................................................. 18
4.5 Counting of Absentee Ballots on Election Day ............................................................ 19
4.5.1 Documents to be prepared and signed by the county board ........................................ 19
4.6 Counting of Absentee Ballots After Election Day ........................................................ 20
4.6.1 Documents to be prepared and signed by the Board .................................................... 20
4.7 Hearing Absentee Ballot Challenges ............................................................................ 21
4.8 Counting of Write-in Votes .......................................................................................... 22
4.9 Reporting Provisional Ballot Counts ............................................................................ 22
4.10 Counting Provisional Ballots ........................................................................................ 23
4.10.1 Partial-Count Procedures ........................................................................................... 24
4.10.2 Documents to be prepared and signed by the county board ...................................... 25
4.11 Final Canvass Proceedings and Certifying the Election ............................................... 26
3
1. Review of Provisional Ballots
A provisional ballot is used to record a vote when there are questions about an individual’s
eligibility to vote in the contests on the ballot.3 A provisional ballot is also used when a voter
does not or cannot present photo ID when voting in person.4 Different county board processes
are utilized for eligibility-based provisional ballots and photo ID-based provisional ballots, and
as such, each topic is separately discussed below. Provisional voting for any of these reasons,
though, involves an application completed by a voter and a ballot that will count in full, in part,
or not at all, depending on the outcome of the review by the county board.
2. Provisional Review: Voter Eligibility
When a voter votes a provisional ballot due to questions about their eligibility to vote, the county
board staff will conduct research after Election Day on that voter’s eligibility and make a
recommendation whether to approve or disapprove the application. Staff-level provisional
research occurs throughout the canvass period and is not an open meeting. County board
members must ultimately decide whether the applicant was properly registered and eligible to
participate in the contests on their provisional ballot. The county board’s meeting to approve or
reject provisional ballots must be open to the public. All eligible votes—including provisional
votes—must be counted before election results are finally certified. Federal law requires election
officials to offer provisional ballots, and it is the duty of county board members to ensure all
provisional applications are fully reviewed.
In determining whether to count a provisional ballot in full, in part, or not at all, county boards
are guided by the following:
1. The applicant must be a registered voter in the county.5
2. If the applicant’s name was not on the list of registered voters, he or she must have
personally made a valid attempt to register to vote in the county before the
registration deadline. This means either:
a. A Voter Registration Application was received by the county on or before the
registration deadline.6
3 G.S. § 163-166.11.
4 G.S. § 163-166.16.
5 G.S. § 163-82.1.
6 G.S. § 163-82.6(d).
4
b. A Voter Registration Application was submitted at a public assistance agency
or the Division of Motor Vehicles (agencies required to offer registration
services under the National Voter Registration Act) on or before the voter
registration deadline.7
3. Contests in which the applicant may be eligible to participate are based on their
residence as of 30 days before Election Day.8
4. Contests in which the applicant may be eligible to participate are based on his or her
party when the voter rolls are closed following the voter registration deadline.9
5. The applicant must meet the requirements for voting under G.S. § 163-166.7(a).
Guidance regarding the requirement to present photo ID when voting in person can be
found in Numbered Memo 2023-03.
6. The applicant was required to execute a written affirmation before an election official
at the voting place, stating that he or she is a registered voter in the jurisdiction
(county) and is eligible to vote in the election.10
An applicant may choose provisional voting for a variety of reasons. The following sections
describe important resources and how best to handle the different scenarios under which
provisional voting occurs. Whatever the circumstances, the county board’s task is to determine
whether the applicant is eligible to participate in the contests on their provisional ballot.
2.1 Missing Information on Provisional Application
If an election official failed to obtain all required information on the Provisional Voting
Application, all reasonable attempts must be made to obtain this information.11 It is acceptable to
contact the election official or the voter for this purpose. Due to the time constraints associated
with canvassing elections, it is important to make an initial review of all provisional
applications as early in the process as possible to allow sufficient time to contact voters.
7 G.S. §§ 163-82.19(a), 163-82.20(h).
8 G.S. § 163-55.
9 G.S. §§ 163-59, 163-82.17(d).
10 G.S. § 163-166.11(2).
11 G.S. § 163-182.2 (“If a voter was properly registered to vote in the election by the county board, no
mistake of an election official in giving the voter a ballot or in failing to comply with G.S. 163-82.15 or
G.S. 163-166.11 shall serve to prevent the counting of the vote on any ballot item the voter was eligible
by registration and qualified by residency to vote.”).
5
2.2 DMV Provisional Research
2.2.1 Conducting DMV Provisional Research
DMV provisional research includes in-person transactions and online transactions that occurred
when the person received services. County board staff have access to a DMV Web Match report
and will use it as a reference in conducting DMV research.
If the research shows that the provisional applicant made an attempt to register to vote at the
DMV (or opted for voter registration services using the online system) on or before the voter
registration deadline, the provisional application must be approved as long as there is no
information showing the provisional applicant was registered elsewhere in the state after the date
of the DMV activity.12 The vote must count even if the county board office has not yet received
the signed application as a follow-up to the DMV data indicating a valid registration attempt.
If the applicant’s registration activity with the DMV occurred after the voter registration
deadline, and the applicant is not otherwise properly registered, the provisional application must
be disapproved.
In the image below, which shows a portion of what is displayed in the report, Ms. Doe voted
provisionally in Davie County. Her DMV record shows DMV registration activity on
12/23/2011 and at the time, she lived in Rowan County. On 02/23/2016, Ms. Doe selected
voter registration services through the DMV’s online portal. At the time of the recent
transaction, she reported an address in Davie County. However, the activity was after the voter
registration deadline of 2/19/2016. [Example is based on March 15, 2016 election date.]
Remember, the DMV Provisional Research Report is one of the reports on the intranet (not the
internet).
Provisional DMV research must be conducted for all provisional applications that are denied due
to one of the following reasons:
12 G.S. § 163-82.19(a) (“Applications to register to vote accepted at a drivers license office under this
section until the deadline established in G.S. 163-82.6(d)(2) shall be treated as timely made for an
election, and no person who completes an application at that drivers license office shall be denied the vote
in that election for failure to apply earlier than that deadline.”).
6
• Not registered;
• Moved out of county more than 30 days; or
• Registered after deadline.
All records checked by 4:45 p.m. each afternoon will be queued for overnight research. You will
see the report by the next morning. This process runs nightly, including weekends. DMV is
generally the greatest single source of voter registration activity in North Carolina, and DMV
research is a vital tool in the county board’s review of provisional applications.
2.2.2 Understanding the DMV Research Report
2.2.2.1 No Record of Registration
County board staff should bear in mind a number of details necessary to properly understand the
DMV research reports.
If there is no date in the DMV Date of Registration field, there is no information that the voter
made an attempt to register to vote at the DMV. Unless staff finds evidence of some other
registration attempt, the provisional application should be disapproved.
In the image below, the person voted provisionally in Union County. Mr. Doe’s DMV record
shows no record of DMV registration activity – there is no date listed in the field.
2.2.2.2 DMV Record of Registration – Wrong County
If there is a date in the DMV Date of Registration field, staff should next look at the county in
which the voter resided at the time of the DMV activity. If the voter was not living in the same
county as the county in which he or she cast the provisional ballot, then the provisional
application should be disapproved (unless there is some other record of timely voter registration
in the county).
In the image below, Ms. Doe voted provisionally in Union County on 3/15/2016. Her DMV
record does show DMV registration activity on 8/27/2014, but the activity occurred when she
was living in Mecklenburg County. Unless Union County is able to find some other timely
voter registration attempt for her, Jane Doe’s provisional application would have to be
disapproved. [Example is based on March 15, 2016 election date.]
7
2.2.2.3 DMV Record of Registration – Same County as County of Provisional Vote
Just as before, if there is a date in the DMV Date of Registration field, staff should next look at
the county in which the voter was residing at the time of the DMV activity. If the voter was
residing in the same county as the county in which the provisional ballot was cast, then the
provisional application should be approved, provided that the date of registration was on or
before the voter registration deadline for the current election and the DMV activity date is later
than any other registration activity for the person in another county or state.
In the image below, Mr. Doe voted provisionally in Person County on 3/15/2016. His DMV
record shows DMV registration activity on 8/14/2015 and the activity occurred when he was
living in Person County. If there is no additional evidence or information that Johnny Doe was
domiciled or registered/voted in another jurisdiction (county or state) between 8/14/2015 and
2/14/2016* (30 days prior to the date of the election), then his provisional application should
be approved. [Example is based on March 15, 2016 election date.]
2.3 Removed Due to List Maintenance
A provisional applicant may not appear on the voter rolls because he or she was previously
removed as part of a uniform list maintenance action (e.g., biennial list maintenance). If the voter
has maintained continuous residence in the county, the voter remains eligible to vote. The county
board should verify that there is no evidence within our election systems indicating that the voter
in fact resided elsewhere (ex. move-within-state, move-out-of-county). The voter’s written or
verbal affirmation regarding their continuous residency is sufficient to confirm ongoing
8
eligibility, absent evidence in official records to the contrary, and the county board must approve
the provisional application.13
2.4 Unreported Moves
A registered voter who has moved within the same county but had not previously updated their
registration may vote in the new precinct, the old precinct, or a central location designated by the
county board. A voter in this situation may prefer the provisional voting process rather than
transferring to their proper precinct.
If the voter moved within the same county 30 or more days before Election Day, their proper
precinct is the new precinct. A provisional application submitted in the old precinct must be
approved, but the county board must only count votes cast in contests for which the voter is
eligible based on their new residence.14
If the voter moved within the state fewer than 30 days before Election Day, their proper precinct
is the one associated with their old address, because they are not yet qualified to vote in the
jurisdiction associated with their new address. If such a voter moved to a new county and votes at
the new precinct, their provisional ballot cannot be approved. However, if such a voter moved to
a new precinct in the same county and votes at the new precinct, their provisional ballot must be
approved, and the county board should count all votes cast in contests for which the voter is
eligible based on their old residence.15
A provisional application submitted in a new county in which the voter had not timely registered
must be disapproved. Similarly, a provisional application submitted in a voter’s former county
must be disapproved if the voter established residency in a new county 30 or more days before
Election Day.16
13 G.S. § 163-82.14(d)(3) (“Any registrant who is removed from the list of registered voters pursuant to
this subsection shall be reinstated if the voter appears to vote and gives oral or written affirmation that the
voter has not moved out of the county but has maintained residence continuously within the county. That
person shall be allowed to vote as provided in G.S. 163-82.15(f).”).
14 G.S. § 163-82.15(e).
15 G.S. § 163-182.2(a)(4) (2012 version). A court decision, NAACP v. McCrory, 831 F.3d 204 (4th Cir.
2016), invalidated a change to this statutory section made in 2013. As a result, the version of this statute
prior to that change is in effect. That prior version reads, in relevant part: “. . . If the county board finds
that an individual voting a provisional official ballot is not eligible to vote in one or more ballot items on
the official ballot, the board shall not count the official ballot in those ballot items, but shall count the
official ballot in any ballot items for which the individual is eligible to vote. Eligibility shall be
determined by whether the voter is registered in the election district as provided in G.S. 163-82.1 and
whether the voter is qualified by residency to vote in the election district as provided in G.S. 163-55 and
G.S. 163-57. . . .”
16 See G.S. § 163-57 for the rules for determining residency.
9
Note: If an election official mistakenly required a provisional application from an inactive
voter who affirmed that there was no change of address, the provisional application must be
approved. Inactive voters should not be required to cast a provisional ballot if there has been
no change to their address or they have moved from one address to another within the same
precinct.17 This is not an Unreported Move.
2.5 Incorrect Precinct
If a voter submits a Provisional Voting Application simply because they presented in a precinct
other than their proper precinct within the same county, the county board must approve the
application and count all votes cast in contests for which the voter is eligible.18
Note: An Incorrect Precinct provisional review is different from an Unreported Move.
2.6 No Record of Registration
If a voter submits a Provisional Ballot Application because their name did not appear on the
voter list or the precinct official could not locate the individual’s name on the voter list, staff
must research the applicant’s eligibility. If it can be determined after Election Day and before the
canvass that the applicant had properly registered or timely attempted to register by submitting
all the required application information before the voter registration deadline, the county board
must approve the application and count all votes cast in contests for which the voter is eligible. If
the applicant timely attempted to register and there is any missing information required to
register the voter, the county board must attempt to contact the voter to get the missing
information to register the voter; if such information is provided by 5 p.m. on the day before
canvass, the county board must approve the application and count all votes cast in contests for
which the voter is eligible.19
In researching voter registration, the county board must look at all available resources, including,
but not limited to the following:
• VoterView (Is the person already registered in the county? Did the election official simply
fail to locate the record? Could the voter be registered in a different name?)
• VoterScan (Is there a record in the Review, Incomplete, or Archive Queue and the
application date is on or before the voter registration deadline?)
• Statewide Voter Lookup (intranet site) (Is the voter registered in another county and if so,
what was the date of the last application in the other county?)
17 G.S. § 163-82.15(d).
18 See footnote 15.
19 G.S. § 163-82.4(f).
10
• DMV Database (Did the person register to vote at the DMV on or before the voter
registration deadline? If so, in which county was the voter residing at the time of his or
her voter registration activity at the DMV?)
• NVRA Agency records (Did the person inform an election official or staff that they
registered to vote at a NVRA agency on or before the voter registration deadline?)
2.7 Voters Removed Due to Felony Conviction
Voters who were previously (and properly) removed due to felony conviction are not
automatically reinstated after completing their felony sentence, at which time their voting rights
are restored. Persons whose voting rights are restored must re-register on or before the voter
registration deadline. There is an exception for those who are restored to citizenship rights after
the voter registration deadline; such voters may register in person and vote on Election Day,
which can be done by completing the Provisional Ballot Application.20
Unless the voter has properly re-registered to vote, the county board must disapprove the
provisional application.
2.8 Voters Removed Due to Moving Out of County
Voters who were previously (and properly) removed because the county received a cancellation
notice from the voter or from another jurisdiction (another county or state) are not eligible unless
the voter timely registers to vote, or timely attempted to register to vote, upon their return to the
county. An application submitted by a provisional voter in this circumstance must be
disapproved.
2.9 NCOA Notification
A National Change of Address (NCOA) Confirmation Card returned by a voter to their former
county of residence confirming a change of address to another county is a proper cancellation
notice in the former county. If the former county transfers the notice to the new county and the
new county sends a courtesy voter registration notice to the voter, the courtesy application shall
not be deemed a voter registration attempt in the new county. After sending a Need Voter
Registration Application incomplete notice, the new county should have archived the incomplete
record in the voter registration database (SEIMS). If the provisional voter did not attempt to
register to vote in a new county of residence by the voter registration deadline, the provisional
application must be disapproved.
20 This is why the election official at the voting site must note on the provisional application that the voter
became qualified after the voter registration deadline, and “if in doubt as to the right of the applicant to
register, may require other evidence satisfactory to that official as to the applicant's qualifications.” G.S. §
163-82.6(f).
11
2.10 Residency
If no record of registration can be found for a voter and the voter provides a residential address
outside of the jurisdiction of the county in which the provisional ballot was cast, the Provisional
Voting Application must be disapproved and the Voter Registration Application must be denied.
2.11 Denied Registration
If a voter’s registration was properly denied because the applicant failed mail verification, the
applicant is not a registered voter. The Provisional Voting Application must be disapproved but
the Voter Registration Application must be processed after canvass, allowing the voter to
participate in future elections.21 However, staff should confirm, when conducting provisional
research, that the failed mail verification was not a result of a data entry error on the part of
county board staff during the voter registration process. If it was, the provisional application
must be approved and the voter should be processed again through VoterScan using the correct
address.
2.12 Same-Day Registrant Without Proof of Residence
During the early voting period, a person seeking to use same-day registration is required to
provide proof of voting residence. (For guidance regarding the same-day registration options and
identification requirements, see Numbered Memo 2023-05). If the registrant did not provide the
proof of residence, and instead submitted a Provisional Voting Application, the applicant must
produce the required proof of residence to the county board office on or before the day preceding
canvass.
If required proof is timely provided, the county board should approve the application and count
all votes cast in contests for which the voter is eligible. If proof is not timely provided, the
Provisional Voting Application must be disapproved but the Voter Registration Application must
be processed after canvass, allowing the voter to participate in future elections.
2.13 Incorrect Party
Sometimes a voter affiliated with one political party submits a Provisional Voting Application to
vote a ballot for a different political party’s primary. Staff should conduct research to confirm the
voter’s affiliation. If the record confirms the voter is registered in the county and the voter has an
eligible ballot for this election, but is affiliated with a different political party than the political
party in whose primary the voter cast a provisional ballot, the county board must count only the
contests in which the voter was eligible to participate (non-partisan contests, if any). In the
provisional module in SEIMS this would be considered a partial vote.
21 See G.S. § 163-82.7.
12
If the county board finds that the voter’s party affiliation was incorrectly listed in their voter
record, then the application must be approved and the ballot must be fully counted.22
2.14 Voted During Extended Hours on Election Day
The State Board may order that one or more voting places remain open after 7:30 p.m. on
Election Day. In that case, all voters arriving after 7:30 p.m. during the extended time that the
polls remain open will be permitted to vote, but they must vote by provisional ballot. In this case,
the provisional process is in place merely to preserve the ability of a court or other tribunal to
consider whether the polls should have remained open. Under statute, provisional applications
submitted solely due to extended voting hours must be approved and the votes counted if no
contrary judicial order has been issued by the time canvass occurs.23
2.15 Already Voted
If the poll book indicates that a voter has already voted, that individual may wish to submit a
Provisional Voting Application and provisional ballot. The county board must then determine
whether the individual had in fact voted previously in the same election. Because no voter is
entitled to vote more than once in an election, the county board must disapprove the application
of any voter who has already voted.
If the poll book inaccurately indicated that the voter had already voted, no administrative error
should act to prevent a qualified voter from participating, and the county board should approve
the application.
Any instances of attempted double voting must be reported immediately to the State Board of
Elections investigators for further review.
* * *
The above scenarios provide guidance on the proper approach for county boards reviewing
provisional applications and the determinations regarding the contests for which a voter may be
eligible. As elections officials are keenly aware, however, multiple reasons may converge in a
single instance of provisional voting (e.g., a voter may try to vote in the wrong party and the
wrong precinct). County boards are encouraged to keep in mind that their core objective is to
research the applicant and ultimately count votes cast in races for which the voter was eligible, if
any.
22 See G.S. § 163-82.17(e).
23 G.S. § 163-166.01.
13
Under any scenario where a provisional ballot is counted, in whole or in part, voter history
should be given to the voter. If any errors are made regarding voter history, amendments to voter
history can still be made after canvass.24
3. Provisional Review: Photo ID
There are two instances when a voter who does not present acceptable photo ID will cast a
provisional ballot while voting in person:25
• The voter completes a Photo ID Exception Form, claiming an exception to the photo ID
requirement, and then votes a provisional ballot.
• The voter votes a provisional ballot and then brings an acceptable photo ID to the county
board office before the close of business on the day before county canvass.
3.1 When the Voter Has Completed a Photo ID Exception Form
If the voter completed a Photo ID Exception Form and is otherwise eligible to vote, staff are
required to recommend approval of the application and the county board is required to count the
provisional ballot, unless the county board unanimously finds that the Form is false.26
If staff are aware of any specific information that may lead the county board to conclude the
Form is false, staff should note this for the county board’s consideration. Staff should not
conduct independent research into the truthfulness of the Form; the General Statutes do not
specifically authorize this activity, and it would be nearly impossible to guarantee the equal
treatment of voters across all 100 counties if such independent investigations were to take place.
Numbered Memo 2023-03 provides guidance on what may be considered when reviewing a
voter’s Photo ID Exception Form.
Before the county board makes a final determination that a Photo ID Exception Form is false,
and as a result disapproves the voter’s provisional ballot, the voter must be given notice and an
opportunity to address the county board on any grounds that the county board is considering
regarding the falsity of the Form. The opportunity to address the county board must be at a
meeting of the county board prior to completion of the canvass, which could include the canvass
meeting. The board should offer the voter the options to address the board in person or, if
24 The State Board is now required to compile an annual report on any revisions made to any voter’s voter
history, other than routine updates, following each election. G.S. § 163-182.15(b1) (see N.C. Session Law
2023-140 § 33, effective January 1, 2024). If county board staff must make a manual change to a voter’s
voter history, then staff should submit a help desk ticket to the State Board. A form will then be provided
for county board staff to identify the reason for the change.
25 G.S. § 163-166.16(c)–(e).
26 08 NCAC 17 .0101(e)(1).
14
feasible, remotely via videoconference or telephone. Notice must be by U.S. mail and the voter
must be contacted by any email address or phone number that the county board has for the
voter.27
Because of the requirement to give notice and an opportunity to address the board, staff
should group provisional ballots together that were cast with a Photo ID Exception Form,
and prioritize their review at the start of the canvass period so the voter can be timely
informed if the board may be questioning the truth of the voter’s Form.
The notice and opportunity to address the county board must only be offered to those provisional
voters for whom the county board has identified a reason to find that their Form is false. If the
county board lacks specific information regarding a voter’s Form, then that voter should not be
sent a notice letter or otherwise be made to think they must address the county board to have
their ballot counted.
County board members should conduct an initial review of the Photo ID Exception Forms as
early as possible in the canvass period, ideally within two-to-three days after Election Day when
the canvass period is ten days and within one-to-two days when the canvass period is seven days,
so that notice letters can be timely mailed. While the board members’ initial review can occur
during a meeting of the county board, it is not required that all county board members initially
review the Forms at the same time. For instance, county board members could review Photo ID
Exception Forms individually or in pairs, noting for staff their initial determination as to the
truthfulness of the Form.28 Each county board should employ the process that works best for it to
ensure an efficient review of the Forms.
In conducting its final review of a Form at a meeting, the county board should discuss the Form
in an open session, determine whether the voter is in attendance, and confirm whether that voter
wishes to address the board regarding their Form. This opportunity is an opportunity for the voter
to provide any information they think is relevant to the truthfulness of what they wrote on the
Form—it is not an adversarial or quasi-judicial hearing. Once the voter has been given the
opportunity to address the board and present any information relevant to the Form, the county
board should vote on whether to approve the Form. If the county board unanimously finds that
the Form is false, the county board must state those grounds in a written decision. The decision
can be in a written order of the county board or in the official minutes of the meeting, so long as
the minutes are in writing, specifically state the grounds for the county board’s findings, and are
27 08 NCAC 17 .0101(e)(1).
28 If this is accomplished by email, staff are reminded that board members should be BCC’d to avoid
running afoul of North Carolina’s open meetings law. G.S. § 143-318.10(d) (“‘Official meeting’ means . .
. the simultaneous communication by . . . electronic means of a majority of the members of a public body
for the purpose of conducting hearings, participating in deliberations, or voting upon or otherwise
transacting the public business within the jurisdiction, real or apparent, of the public body.”).
15
approved by the county board. The county board’s decision that a Form is false must be based on
facts, not speculation or personal opinion.
3.2 When the Voter Brings a Photo ID to the County Board Office After Voting
Voters who choose to vote a provisional ballot and then bring their photo ID to the county board
office must do so no later than 5:00 pm on the business day before county canvass. A county
board staff member must examine the photo ID in the same way a check-in official does at the
voting site—determining (1) whether the ID is an acceptable type, (2) whether the photo bears a
reasonable resemblance to the voter, and (3) whether the name is the same as or substantially
similar to the voter’s name in the registration records.29 It is recommended that a staff member
trained to review a voter’s photo ID card be designated to conduct this review.
After examining the photo ID, the staff member must proceed as follows:
• If the staff member determines the photo ID is acceptable, they must recommend
approval of the application if the voter is otherwise eligible to vote.30 Staff should consult
the State Board’s latest Approved Photo IDs List to confirm an ID is an acceptable type.
• If the photo ID is not an acceptable type of photo ID, staff must tell the voter why that is
the case and ask the voter to provide an acceptable photo ID.31
• If the photo ID does not satisfy the photo or name requirements, staff must recommend
disapproval of the application, even if the voter is otherwise eligible to vote.32 If
disapproval is recommended, the voter must be immediately told by staff the reason for
their recommendation of disapproval and when their provisional ballot will be reviewed
and considered by the county board. If the voter appears at that meeting and desires to
address the county board as to whether their photo ID is acceptable, the county board
members must apply the same standards as election officials when reviewing the ID.
If the voter does not bring an acceptable photo ID to the county board office by 5pm on the day
before canvass, staff must recommend disapproval of the application even if the voter is
otherwise eligible to vote.
If the voter timely brings a photo ID that is an acceptable type of photo ID and is otherwise
eligible to vote, the county board must count the provisional ballot unless the county board
29 08 NCAC 17 .0101(e)(2).
30 08 NCAC 17 .0101(e)(2)(A).
31 08 NCAC 17 .0101(e)(2)(B).
32 08 NCAC 17 .0101(e)(2)(C).
16
unanimously decides the photo ID presented does not satisfy the photo and name requirements,
and records in writing the grounds for its decision.33
4. Canvass Procedures
Canvass is the board’s responsibility. The members of the county board are responsible for
ensuring the accuracy and integrity of election results in the county. Canvass is a key part of
carrying out that duty.
By law, canvass is:
[T]he entire process of determining that the votes have been counted and
tabulated correctly, culminating in the authentication of the official
election results.34
In support of this process, a board of elections conducting canvass has the authority to send for
papers and persons, and to examine such documents or question such persons for the purpose of
making determinations as to the legality of disputed ballots.
The county canvass date and time are set by statute: at 11:00 a.m. on the 10th day after every
election.35 At that meeting the board’s purpose is:
[T]o complete the canvass of votes cast and to authenticate the count in
every ballot item in the county by determining that the votes have been
counted and tabulated correctly. If, despite due diligence by election
officials, the initial counting of all the votes has not been completed by
that time, the county board may hold the canvass meeting a reasonable
time thereafter. The canvass meeting shall be at the county board of
elections office, unless the county board, by unanimous vote of all its
members, designates another site within the county. The county board
shall examine the returns from precincts, from absentee official ballots,
from the sample hand‑to‑eye paper ballot counts, and from provisional
official ballots and shall conduct the canvass.36
Ensuring the integrity of every election is our primary responsibility as elections administrators.
County board members have a critical role in this process. Ultimately, county board members
33 08 NCAC 17 .0101(e)(2).
34 G.S. § 163-182.5(a).
35 G.S. § 163-182.5(b). However, canvass is seven days after the municipal primaries and elections in
September and October in odd-numbered years. See Numbered Memo 2023-01.
36 G.S. § 163-182.5(b).
17
will sign the certification documents that authenticate and certify that the election results are true
and accurate.
The items that follow must occur as part of every election canvass:
4.1 All Members Present
All county board members must be present37 for canvass under G.S. § 163-89: “All members of
the board shall attend the canvass and all members shall be present for the hearing of challenges
to absentee ballots.”
4.2 Public Notice
County boards of elections members may take no action outside a meeting for which there has
not been proper public notice.38
The county board must issue public notice of any meeting involving the counting of ballots. In
addition to being posted in public, the notice lists for a canvass meeting shall include all
individuals and institutions that usually receive notice of meetings. It is best practice to notify
leadership of any recognized political parties with a presence in the county.
Any voter of the county or other member of the public must be permitted to attend the meeting
and be allowed to observe the counting process, provided that no one shall interfere with the
election officials as they count the ballots or are engaged in the discharge of their other duties. If
media or the public are filming or photographing proceedings, the county board should remind
those present that state law forbids anyone from taking an image of a voted ballot, and no one
but election officials may have access to and review voted ballots.39
4.3 Reconciliation
One of the most important tasks conducted during the canvass process is reconciliation. Many
levels of reconciliation take place before the final certification of results are concluded and
involve comparing data against inventories of voting supplies (such as ballots and data storage
cards), and total ballots cast (including provisional and absentee ballots). The process begins
with the start of absentee-by-mail voting and continues through early voting and precinct
reconciliation and until final canvass.
37 See Numbered Memo 2022-08 regarding physical and virtual presence at canvass.
38 See G.S. §§ 143-318.10, 143-318.12(b).
39 G.S. §§ 163-165.1, 163-166.3.
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If any issues are identified in a county board’s efforts to reconcile, those issues must be
addressed immediately. If you do not address reconciliation issues initially, problems may carry
forward and affect your broader canvass process. The State Board Office conducts a number of
audits to assist counties in identifying issues throughout the canvassing process, but there are
certain reconciliation processes that are not captured in electronic data and that county staff must
vigilantly review. For example, the State Board Office does not have data that captures the
physical number of provisional ballots you receive from the polling location, and it is imperative
county reconciliation processes includes comparing the physical number of provisional ballots to
the provisional module application within SEIMS and any poll book information. If there is a
discrepancy, you must investigate, identify, and document the reason for the discrepancy.
Any staff reconciliation process that is conducted must include documentation that is signed by
two staff members. This documentation must be maintained and available for county board
members during their canvassing meetings. The two-staffer requirement is to combat inadvertent
errors and potential misconduct.
4.4 Counting of Early Voting Ballots40
If ballots cast during early voting are counted electronically, that count is required to occur “at
the time the polls close” on Election Day. This means that elections officials cannot “close the
polls” on early voting machines until 7:30 P.M. on Election Day. Because this is a count of the
ballots that will occur at the county board office, it must be in the presence or under the
supervision of board members of all political parties then present. As with the counting of ballots
at any precinct at the close of the polls, any member of the public wishing to witness the vote
count must be allowed to do so, but no witness shall interfere with the orderly counting of the
official ballots, nor may any witness participate in the official counting of official ballots.41
There is no longer a requirement to formally accept early voting applications during an absentee
meeting. 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.
40 G.S. § 163-182.2(a). Early voting is no longer a form of absentee voting. See N.C. Sess. Laws 2023-
140. As such, the counting of early voting ballots is no longer guided by the statutes governing the
processes for approving absentee envelopes (i.e., absentee applications) and counting absentee ballots.
Instead, the initial counting of early voting ballots is now guided by G.S. § 163-182.2(a) (“The initial
counting of official ballots cast on election day and under Part 5 of Article 14A of this Chapter shall be
conducted according to the following principles . . .”).
41 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.”).
19
4.5 Counting of Absentee Ballots on Election Day42
County boards meet at 5 p.m. on Election Day (or earlier if a resolution is adopted at least two
weeks before the date of the election) in the board office or other public location for the purpose
of counting all absentee ballots, except those:
• Challenged before 5 p.m. on Election Day, or
• Received on or after Election Day.
The counting of absentee ballots shall be continuous until completed and the members shall not
separate or leave the counting place except for unavoidable necessity. As each ballot envelope is
opened, the board shall check off the name of the absentee voter. For the preservation of secrecy,
the ballots shall be placed in the appropriate ballot box or container for tabulation. After all
ballots have been placed in the boxes, the counting process shall begin.
At each of the absentee meetings prior to Election Day, it is permissible for the Board, after
approval of each absentee ballot, to cause staff to take preparatory steps and remove those ballots
from their envelopes and have them read by an optical scanning machine, without printing the
totals.
4.5.1 Documents to be prepared and signed by the county board
The following documents shall be prepared for the county board’s review and signatures:
1. The poll book of absentee voters. As soon as the absentee ballots have been counted on
Election Day, the board members and assistants employed to count the absentee ballots
shall each sign the poll book of absentee voters, with the signature to be affixed
immediately beneath the last absentee voter's name. The county board shall be
responsible for the safekeeping of the poll book of absentee voters.
2. The results tapes of electronic absentee ballot count. When absentee ballots are
counted electronically, the members of the board present shall sign the results tape, which
shall be retained for purposes of review and examination at the official county canvass
proceeding.
3. The absentee abstract. The board members shall cause the results of the tally to be
entered on the absentee abstract. The abstract shall be signed by the members of the
board in attendance and shall then be scanned and uploaded electronically to the State
Board.
42 G.S. § 163-234.
20
4. The chain of custody report(s). Voted ballots shall be properly secured and a
documented chain of custody shall be maintained for the ballots, tapes, poll book and
other documentation/media related to tabulation.
4.6 Counting of Absentee Ballots After Election Day43
County boards of election must have an additional meeting following the day of the election and
prior to the date of the county canvass to review and approve absentee ballot
envelopes/applications received on Election Day by the close of polls, and any military and
overseas ballot envelopes/applications received timely after Election Day. Civilian absentee
ballots are timely if received by 7:30 p.m. on Election Day.44 Military and overseas ballots that
are received after Election Day are timely if they were submitted for mailing, electronic
transmission, or other authorized means of delivery not later than 12:01 a.m., at the place where
the voter completes the ballot, on Election Day and are received no later than 5 p.m. on the last
business day prior to the county canvass.45 If the ballot was mailed and is timely received, it may
not be rejected on the basis that it has a late postmark, an unreadable postmark, or no postmark.46
The counting of absentee ballots received on Election Day is required to take place before or on
the day of the county canvass. Military and overseas ballots that are received by mail after the
close of the polls on Election Day must be counted by the county board of elections on the day of
canvass (unless a resolution is adopted at least two weeks before the date of the election to count
them during the canvass period).47
A quorum, with at least one board member of each political party, shall be present for the
counting of absentee ballots. This fact shall be publicly declared and entered in the official
minutes of the absentee board meeting. The county may use assistants in the counting of the
official ballots, but the county board members are responsible for observing and supervising the
opening and tallying of the ballots.
4.6.1 Documents to be prepared and signed by the Board
The following documents shall be prepared for the county board’s review and signatures:
1. The results tape for electronically counted absentee ballots. When absentee ballots are
counted electronically, the members of the board present at the canvass meeting shall
43 G.S. § 163-232 and G.S. § 163-234.
44 G.S. § 163-230.1(b)(1).
45 G.S. §§ 163-258.10 and -258.12(a).
46 G.S. § 163-258.12(b).
47 G.S. § 163-234(11).
21
sign the results tape, which shall be retained for purposes of review and examination at
the official county canvass proceeding, along with the Election Day absentee results tape.
2. The civilian and military-overseas certified lists of executed absentee ballots
returned on or after Election Day.48 The county board staff shall prepare these lists in
triplicate and the board shall sign all three originals of each list. One signed original of
each list shall be electronically uploaded to the State Board.
3. The supplemental absentee abstract. The county board members shall cause the results
of the tally to be entered on the supplemental absentee abstract. The abstract shall be
signed by the members of the board in attendance and the original Election Day absentee
abstract and the supplemental absentee abstract shall be mailed immediately to the State
Board.
4. The poll book of absentee voters. The board shall sign the final poll book of absentee
voters at this time.
5. The chain of custody report(s). Voted ballots shall be properly secured and a
documented chain of custody shall be maintained for the ballots, tapes, poll book and
other documentation/media related to tabulation.
4.7 Hearing Absentee Ballot Challenges49
The following must be heard by the county board on the day of the county canvass:
• Any challenge to an absentee ballot that was properly brought by 5:00 P.M. on the fifth
business day after the primary or general election; and
• Any challenge to a military or overseas ballot that was timely received after Election
Day, and was properly challenged no later than the time set by statute.
Notice must be provided to all challenged voters. All members of the board of elections shall
attend the canvass and must be present for the hearing of the challenges to an absentee ballot
under G.S. § 163-89.
Note: Challenges to absentee ballots may not be heard any sooner than the day and time set for
the county canvass.
48 G.S. § 163-232.1(a) provides that this list includes the ballots that “have not been included on the
certified list prepared pursuant to G.S. 163‑232.” Because the list prepared pursuant to G.S. § 163-232(a)
includes only those ballots “which have been received as of 5:00 P.M. on the day before the election,” the
list for ballots received on Election Day must also include any ballots received after 5:00 P.M. on the day
before the election.
49 G.S. § 163-89.
22
Also Note: Absentee ballot challenges may only be used for absentee voting, not early voting
ballots. Previously, early voting was a type of absentee voting, but that is no longer the case.50
The State Board’s Voter Challenge Procedures Guide contains additional information and
guidance regarding absentee ballot challenges.
4.8 Counting of Write-in Votes51
If write-in votes are not counted at the precinct after the close of polls, any write-in votes
counted at the county board office shall be counted in the presence or under the supervision of
the bipartisan county board.
Write-in votes shall be recorded on a write-in tally sheet, which shall be signed by the members
of the county board.
4.9 Reporting Provisional Ballot Counts52
No later than 12:00 P.M. two days after the close of the polls, the county board of elections shall
publish the number of provisional ballots cast for the following voting methods:
• Election Day
• Early Voting
• Absentee by-mail received as of election day
• Military and Overseas Absentee Ballots
To comply with this requirement, the State Board sends out a survey to all county boards the day
after Election Day and uses the information gathered from the survey to report provisional
ballots for all counties. County boards must complete this survey by the morning of the second
day after Election Day. In the survey, if no provisional ballots were cast for a specific category,
the county board should enter zero.
50 See N.C. Session Law 2023-140, secs. 1(a)–(c), 27(b).
51 G.S. § 163-182.2(a)(2); see also Numbered Memo 2019-07 for guidance in applying the standards for
determining voter intent for write-in votes.
52 G.S. § 163-166.11(5).
23
4.10 Counting Provisional Ballots53
The county board shall meet between Election Day and canvass to make a determination as to
each provisional ballot. A meeting before canvass may include a meeting on the day of canvass,
but such a meeting must occur before 11 a.m.
Under no circumstances shall any county board staff open a provisional envelope or tabulate
results before the county board members have made their official determination on the
provisional ballot application. In making its determination, the county board may rely on the
provisional research conducted by county board staff, but county board members may make
additional inquiries of staff as they see fit. When a voter casts a provisional ballot for one or
more eligibility-related reasons and a photo ID-related reason, staff should make
recommendations on all reasons the voter cast a provisional ballot. Approval of a provisional
application for a photo ID-related reason will not override a determination that the voter was
otherwise ineligible to vote.
Please refer to the “Review of Provisional Ballots” section in this Numbered Memo
regarding the proper review processes necessary to make decisions on Provisional Voting
Applications and the counting of votes in eligible contests.
When conducting provisional research, county board staff shall, at a minimum, follow the
instructions in this Memo and review the following resources:
• the voter’s provisional voting application
• the county’s voter registration database (active, inactive, removed and denied voters)
• pending voter registration applications, including applications in the incomplete, review,
or archive queue
• the non-public access to statewide voter registration information (intranet site)
• DMV provisional research results
Every effort must be made by county boards of elections to correct administrative errors well
before the board meets to consider and count the provisional ballots. If a voter was properly
registered to vote in the election by the county board, no mistake of an election official shall
serve to prevent the counting of the vote on any ballot item for which the voter was eligible by
registration and qualified by residency to vote.54 A county board shall never reject a voter’s
provisional application due solely to an administrative error by an election official.
Staff must review provisional voting applications soon after Election Day to determine if more
information is needed from a provisional voter to assist the county board in making the proper
53 G.S. § 163-182.2(a)(4).
54 G.S. § 163-182.2(a)(4).
24
determination as to whether to count a person’s ballot. Such administrative efforts may include,
for example, following up with a voter to:
• Have the voter sign the provisional voting application, if it was not signed.
• Have a voter who claims to have registered at the NCDMV, but for whom no record of
registration was found, provide his or her driver license number if it was not provided on
the provisional voting application.
If, in the course of reviewing provisional applications, a staff member suspects that improper
instructions were given by an election official or finds that information is missing on the
application, the staff member shall make every effort to ensure that the voter is given the
opportunity to provide the required information.
It is essential that the process for handling provisional ballots is followed. County boards should
be making decisions as to the disposition of provisional ballots based on information presented
from staff research, rather than from unofficial or unverified sources of information.
Again, no provisional envelopes shall be opened and tabulated prior to the county board voting
on the disposition of a provisional ballot. The opening and tabulation of approved ballots shall be
done in the presence and under the supervision of board members. [Note: The correct PCT
(where the voter should have voted) shall be written on the ballot before it is tabulated, so that
the ballot can be sorted into the correct precinct during the 30-day sort process.]
4.10.1 Partial-Count Procedures
With respect to ballots that must be partially counted,55 the county board shall have a process to
count the contests for which the voter is eligible. The county board shall select one of the
following processes to count eligible contests:
• Ballot duplication – Either the county board members or a bipartisan team shall
assemble to duplicate the original provisional ballot. Until certain auditing improvements
are made to SEIMS and in light of the 30-day precinct sort, it is within the county board’s
discretion to duplicate the partially counted ballots either onto a ballot of the same style
as that cast by the provisional voter or on a ballot of the proper style assigned to the
voter, but using the ballot of the proper style is the recommended method. The team shall
mark the blank ballot for all contests which the voter is eligible to vote. The board shall
annotate the blank ballot by some indication or marking that the ballot is a duplicate of
the original ballot, minus the contests in which the voter was ineligible to participate.
When using this method, one team member shall call out the voter’s ballot choice and the
55 When a voter casts a provisional ballot solely for a photo ID-related reason, there is no partial counting
of ballots—the voter’s ballot is counted in full or not at all.
25
other team member shall mark the blank ballot. Ideally, a third person will then review
and compare the original ballot to the duplicated ballot, or, in the absence of a third
person, the two-person team can switch ballots and roles and permit the caller to review
the ballot marked by the first person, and vice versa. The duplicated ballot shall then be
tabulated along with fully counted provisional ballots.
• Hand-tally – Either the county board or a bipartisan team of election officials shall
assemble to hand-tally the votes cast for all eligible contests and ballot choices. When
using this method, one team member shall call out the voter’s ballot choice and the other
team member shall mark a tally sheet. A third person shall observe the team’s actions of
calling and marking the tally sheet. Tally sheets should be organized by precinct, in light
of the 30-day precinct sort.
Once the county board has made a final determination as to the provisional ballots for the
election, the county board staff shall prepare a final disposition report for the board of elections
members to review and sign. Once signed, the ballots that are to be counted (fully or partially
approved) shall be tabulated. Regardless of whether the ballots are electronically tabulated with
the use of certified and tested voting equipment, or are instead hand-tallied, the results of the
tabulation shall be signed by the county board members or the bipartisan team of election
officials who participated in the count.
The final disposition report and the counted official provisional ballots shall be sealed together
and maintained as part of the official documentation of the election. The signed results tapes
shall be retained for purposes of review and examination at the official county canvass
proceeding.
4.10.2 Documents to be prepared and signed by the county board
The following documents shall be prepared for the county board’s review and signatures:
1. The report of “provisional voters by precinct voted.”
2. The results tapes. When provisional ballots are counted electronically, the results tape
must be signed by the members of the board present at the meeting. Board members
shall sign the tape before the tabulation begins (the “zero tape”) and then again after
the tabulation is complete. These signed results tapes shall be retained for purposes of
review and examination at the official county canvass proceeding.
3. Chain of custody report(s). Voted ballots shall be properly secured and a documented
chain of custody must be maintained for the ballots, tapes, poll book and other
documentation/media related to tabulation.
26
4.11 Final Canvass Proceedings and Certifying the Election
To complete the canvass of votes cast and to authenticate the count in every ballot item in the
county by determining that the votes have been counted and tabulated correctly, the county board
must:
• examine the returns from all Early Voting sites and Election Day precincts,
• examine the returns from absentee official ballots,
• examine the sample hand-to-eye paper ballot counts, and
• examine the returns from provisional ballots.
After examining the returns, the board shall conduct the canvass and sign the official abstract of
results.
The county board is required by law to authenticate the election results at the conclusion of
canvass in the form of an official abstract of the vote totals.56 This event may only be delayed
when there is an election protest pending and that protest concerns the manner in which votes
were counted or results tabulated.57 There is no other legal basis for a county board member to
withhold authentication of the election results in the form of an official abstract.58 Moreover,
federal law does not permit election officials to decline to count or report eligible voters’
ballots.59 Canvassing and certifying election results is the way, under North Carolina law, that
county boards count and report the votes of their county’s voters.
The issuance of a certificate of nomination or election to the winner of an election contest occurs
six days after the election results are certified via the abstract at canvass. The county board is
required by law to issue such a certificate, based on the official results determined at canvass and
as reported in the abstract. Only a pending election protest may delay or prevent the issuance of a
certificate of nomination or election, and only as provided for in state law.60 If there is a
56 G.S. §§ 163-182.5(b), 163-182.6.
57 See G.S. § 163-182.10(a)(2). The county board should attempt to resolve such a protest before the
canvass is completed. If necessary to provide time to resolve the protest, the county board may recess the
canvass meeting, but shall not delay the completion of the canvass for more than three days unless
approved by the State Board of Elections. At the conclusion of the protest proceedings, the county board
must supplement the abstract with the results for the ballot item that is the subject of the protest.
Resolution of the protest shall not delay the canvass of ballot items unaffected by the protest.
58 See Order, In Re Complaint of Bob Hall, State Bd. of Elections (March 30, 2023).
59 The federal Voting Rights Act of 1965 makes it illegal to willfully decline to count or report a lawful
vote. 52 U.S.C. § 10307(a) (“No person acting under color of law shall fail or refuse to permit any person
to vote who is entitled to vote under any provision of chapters 103 to 107 of this title or is otherwise
qualified to vote, or willfully fail or refuse to tabulate, count, and report such person’s vote.”).
60 See G.S. § 163-182.15.
27
pending protest, no certificate should be issued until the time set in G.S. § 163-182.15
following the resolution of the protest.
Special Meeting
New Hanover County Board of Elections
March 15, 2024
Subject:
Resolution to Adopt a Time for Counting Absentee Ballots for the 2024 Second Primary Election
Applicable Statutes and/or Rules:
N.C. Gen. Stat. §§ 163-234(2), 163- 234(11), and 163-182.2(a)(4), and Session Law 2023-140 (S747)
Summary:
The New Hanover County Board of Elections must adopt a resolution for the counting of absentee
ballots for the 2024 Second Primary Election if the counting of absentee ballots will begin prior to 5:00
PM on Election Day. The Board may begin counting all absentee ballots approved by the Board
between the hours of 2:00 pm and 5:00 pm on Election Day upon the adoption of a resolution at
least two weeks prior to the election in which the hour and place of the counting absentee ballots
shall be stated. In addition, the Board may pass a resolution to provide for an additional meeting
following Election Day and prior to canvass to count the supplemental absentee and provisional
ballots approved by the Board. Attached is a resolution to adopt a time for counting absentee
ballots, at 2:00 PM on May 14 and May 23, 2024. This resolution must be run in a paper having
general circulation in the county once weekly during the two-week period prior to the election.
Document/s Included:
Resolution to Adopt a Time for Counting Absentee Ballots
Board Action Required:
Staff recommends approval
Item # 2 Item # 3c
RESOLUTION TO ADOPT THE TIME FOR COUNTING OF
ABSENTEE BALLOTS
At a meeting duly called and held on the 15th day of March 2024, the New Hanover County
Board of Elections unanimously adopted the following resolution:
WHEREAS the county board of elections is authorized upon adoption of a resolution to begin
counting of absentee ballots between the hours of 2:00 pm and 5:00 pm on Election Day;
WHEREAS such resolution also may provide for an additional meeting following the day of the
election and prior to the day of canvass to count absentee ballots received pursuant to N.C. Gen.
Stat. § 163-231(b)(1) or (2);
WHEREAS the time and dates designated for these meetings will be at 2:00 pm, on May 14 and
May 23, for the purpose of counting absentee ballots;
WHEREAS the location of these meetings shall be at the New Hanover County Board of
Elections Office, 1241A Military Cutoff Road, Wilmington, NC 28405;
WHEREAS the board shall not announce the results of the count before 7:30 pm on Election
Day;
WHEREAS these meetings are open to all who may want to attend; and,
WHEREAS the adoption of this resolution is in compliance with North Carolina General
Statutes §§ 163-234(2) and 163-234(11), and Session Law 2023-140, and will be published in a
newspaper of general circulation in the county within the statutory time frame.
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Elections
hereby unanimously approves the Counting of Absentee Ballots for the 2024 Second Primary
Elections to begin at 2:00 pm on May 14 and May 23.
Derrick R. Miller, Chair
StarNews Publication – April 30th & May 7th
Special Meeting
New Hanover County Board of Elections
March 15, 2024
Subject:
2024 Second Primary Elections Notice
Applicable Statutes and/or Rules
N.C. Gen. Stat § 163-33(8)
Summary:
County Boards of Election across North Carolina are required to place a legal notice in the paper that
informs voters of the upcoming election. This notice must be run in a newspaper having general
circulation in the county once a week during the 20-day period preceding the voter registration
deadline.
Document/s Included:
2024 Second Primary Elections Notice
Board Action Required:
Staff recommends approval
Item # 2 Item # 3d
NOTICE OF SECOND PRIMARY ELECTION
NEW HANOVER COUNTY, NORTH CAROLINA
The statewide second primary will be held on Tuesday, May 14, 2024.
Polls will be open from 6:30 a.m. to 7:30 p.m. on Election Day. Voters must go to their assigned precinct
on Election Day.
Voters will be asked to show photo ID when they vote. All voters will be allowed to vote with or
without ID. Voters who lack ID can get one for free from their county board of elections. Find out more at
BringItNC.com.
Early voting will be held at the following locations from Thursday, April 25, 2024, to Saturday, May 11,
2024:
• County Board of Elections office at NHC Northeast Library (1241 Military Cutoff Road)
The times and days this site is open are as follows:
• April 25-26 8:00 a.m. to 5:00 p.m.
• April 27-28 CLOSED
• April 29- May 3 8:00 a.m. to 5:00 p.m.
• May 4-5 CLOSED
• May 6-10 8:00 a.m. to 5:00 p.m.
• May 11 8:00 a.m. to 3:00 p.m.
Absentee ballots will be mailed to voters who have requested them as soon as they are available. A voter
can fill out an absentee ballot request at votebymail.ncsbe.gov, or by filling out a request form provided
by the board of elections. The request must be received through the website or by the New Hanover
County Board of Elections by 5 p.m. May 7, 2024.
All voters who are registered with the political party of the candidates on the ballot are eligible to vote in
the second primary. Additionally, voters who are not affiliated with any party and who either didn’t vote
in the first primary or voted the ballot of the party for which the second primary is being held are eligible
to participate. For example, if a second primary is held for the Republican nomination for lieutenant
governor, then all registered Republicans and unaffiliated voters who did not vote or voted the Republican
ballot in the first primary would be eligible.
Questions? Call the New Hanover County Board of Elections Office at (910) 798-7330 or send an email
to newhanover.boe@nhcgov.com.
_____________, Chairman
New Hanover County Board of Elections
Special Meeting
New Hanover County Board of Elections
March 15, 2024
Subject:
Temporary Transfer of Voters for Precinct M06
Applicable Statutes and/or Rules
N.C. Gen. Stat §163-128(a)
Summary:
The private polling place used for precinct M06 is not available for use on Election Day for the 2024
Second Primary Election. As a result, the county board of elections will need to temporarily transfer
voters from precinct M06 to precinct M04 for the 2024 Second Primary Election only. Precinct M04 is
adjacent to precinct M06 and has adequate voting enclosure space and parking to accommodate the
expected turnout for both precincts in the upcoming election. As of March 14, 2024, there are 3,063
registered voters in M06 and 7,274 registered voters in precinct M04. Only voters who are registered
Republicans or Unaffiliated voters who did not vote in the 2024 Primary Election or who voted a
republican ballot are eligible to vote in this election.
When such a resolution has been adopted by the county board of elections to assign voters from more
than one precinct to the same precinct, then the county board of elections shall maintain separate
registration and voting records to properly identify the precinct in which such voters reside. The polling
place for the adjacent precinct, M04, is United Advent Christian Church. It has sufficient interior space
to permit our office to maintain separate registration and voting for both precincts. Each precinct will
have separate election officials, electronic pollbooks, DS200s, and ExpressVotes.
Document/s Included:
Resolution to Transfer Voting for Precinct M06 (Provided at Board Meeting)
Board Action Required:
Staff recommends approval
Item # 3e
RESOLUTION TO TEMPORARILY TRANSFER
VOTERS FOR PRECINCT M06
At a meeting duly called and held on the 15th day of March, 2024, at 1241 A Military Cutoff
Road in Wilmington, North Carolina, the New Hanover County Board of Elections unanimously
adopted the following resolution:
WHEREAS the current voting location for Precinct M06 is Myrtle Grove Baptist
Church, 5524 Myrtle Grove Rd, Wilmington, NC 28409; and,
WHEREAS North Carolina General Statutes § 163-128 provides that upon a resolution
adopted by the County Board of Elections, voters from a given precinct may be temporarily
transferred, for the purpose of voting, to an adjacent precinct; and,
WHEREAS the County Board's proposal is subject to approval by the Executive
Director of the State Board of Elections.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Elections as
follows:
1.During the 2024 Second Primary Election, those voters residing within the
Precinct M06 shall be temporarily transferred to Precinct M04 located at United
Advent Christian Church, 4912 College Road South, Wilmington, NC 28412.
2.That all notice requirements of North Carolina General Statutes § 163 shall be
be met.
THIS RESOLUTION shall be effective upon the date of its signing by the Board's Chair and
dispatched to the NC State Board of Elections for consideration and approval of the Board's
decision on March 15, 2024.
Derrick R. Miller, Chair
Special Meeting
New Hanover County Board of Elections
March 15, 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 15, 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