§ 163-165.3. Responsibilities for preparing official ballots.
§ 163‑165.3. Responsibilities for preparing official ballots.
(a) (Effective untilJuly 1, 2010) State Board Responsibilities. The State Board of Electionsshall certify the official ballots and voter instructions to be used in everyelection that is subject to this Article. In conducting its certification, theState Board shall adhere to the following:
(1) No later thanJanuary 31 of every calendar year, the State Board shall establish a schedulefor the certification of all official ballots and instructions during thatyear. The schedule shall include a time for county boards of elections tosubmit their official ballots and instructions to the State Board forcertification and times for the State Board to complete the certification.
(2) The State Board ofElections shall compose model ballot instructions, which county boards ofelections may amend subject to approval by the State Board as part of thecertification process. The State Board of Elections may permit a county boardof elections to place instructions elsewhere than on the official ballotitself, where placing them on the official ballot would be impractical.
(3) With regard only tomulticounty ballot items on the official ballot, the State Board shall certifythe accuracy of the content on the official ballot.
(4) With regard to theentire official ballot, the State Board shall certify that the content andarrangement of the official ballot are in substantial compliance with theprovisions of this Article and standards adopted by the State Board.
(5) The State Boardshall proofread the official ballot of every county, if practical, prior tofinal production.
(6) The State Board isnot required to certify or review every official ballot style in the county butmay require county boards to submit and may review a composite official ballotshowing races that will appear in every district in the county.
The State Board shall beresponsible for oversight of all ballot coding. In order to produce the datanecessary for equipment programming, each county shall either contract with aqualified vendor certified by the State Board or be certified by the StateBoard to produce the data.
(a) (Effective July1, 2010) State Board Responsibilities. The State Board of Elections shallcertify the official ballots and voter instructions to be used in everyelection that is subject to this Article. In conducting its certification, theState Board shall adhere to the following:
(1) No later thanJanuary 31 of every calendar year, the State Board shall establish a schedulefor the certification of all official ballots and instructions during thatyear. The schedule shall include a time for county boards of elections tosubmit their official ballots and instructions to the State Board forcertification and times for the State Board to complete the certification.
(2) The State Board ofElections shall compose model ballot instructions, which county boards ofelections may amend subject to approval by the State Board as part of thecertification process. The State Board of Elections may permit a county boardof elections to place instructions elsewhere than on the official ballotitself, where placing them on the official ballot would be impractical.
(3) With regard only tomulticounty ballot items on the official ballot, the State Board shall certifythe accuracy of the content on the official ballot.
(4) With regard to theentire official ballot, the State Board shall certify that the content andarrangement of the official ballot are in substantial compliance with the provisionsof this Article and standards adopted by the State Board.
(5) The State Boardshall proofread the official ballot of every county, if practical, prior tofinal production.
(6) The State Board isnot required to certify or review every official ballot style in the county butmay require county boards to submit and may review a composite official ballotshowing races that will appear in every district in the county.
The State Board shall beresponsible for oversight of all ballot coding. In order to produce the datanecessary for equipment programming, each county shall either contract with aqualified vendor certified by the State Board or be certified by the StateBoard to produce the data.
(b) County BoardResponsibilities. Each county board of elections shall prepare and produceofficial ballots for all elections in that county. The county board ofelections shall submit the format of each official ballot and set ofinstructions to the State Board of Elections for review and certification in accordancewith the schedule established by the State Board. The county board of electionsshall follow the directions of the State Board in placing candidates,referenda, and other material on official ballots and in placing instructions.
(c) Late Changes in Ballots. The State Board shall promulgate rules for late changes in ballots. The rulesshall provide for the reprinting, where practical, of official ballots as aresult of replacement candidates to fill vacancies in accordance with G.S. 163‑114or other late changes. If an official ballot is not reprinted, a vote for acandidate who has been replaced in accordance with G.S. 163‑114 willcount for the replacement candidate.
(d) Special Ballots. TheState Board of Elections, with the approval of a county board of elections, mayproduce special official ballots, such as those for disabled voters, whereproduction by the State Board would be more practical than production by thecounty board. (2001‑460,s. 3; 2007‑391, s. 24(a); 2008‑187, s. 33(a); 2009‑541, s.18(a).)