§ 163-182.7. Ordering recounts.
§ 163‑182.7. Ordering recounts.
(a) Discretionary Recounts. The county board of elections orthe State Board of Elections may order a recount when necessary to complete thecanvass in an election. The county board may not order a recount where theState Board of Elections has already denied a recount to the petitioner.
(b) Mandatory Recounts for Ballot Items Within the Jurisdictionof the County Board of Elections. In a ballot item within the jurisdiction ofthe county board of elections, a candidate shall have the right to demand arecount of the votes if the difference between the votes for that candidate andthe votes for a prevailing candidate is not more than one percent (1%) of thetotal votes cast in the ballot item, or in the case of a multiseat ballot itemnot more than one percent (1%) of the votes cast for those two candidates. Thedemand for a recount must be made in writing and must be received by the countyboard of elections by 5:00 P.M. on the first business day after the canvass.The recount shall be conducted under the supervision of the county board ofelections.
(c) Mandatory Recounts for Ballot Items Within the Jurisdictionof the State Board of Elections. In a ballot item within the jurisdiction ofthe State Board of Elections, a candidate shall have the right to demand arecount of the votes if the difference between the votes for that candidate andthe votes for a prevailing candidate are not more than the following:
(1) For a nonstatewide ballot item, one percent (1%) of the totalvotes cast in the ballot item, or in the case of a multiseat ballot item, onepercent (1%) of the votes cast for those two candidates.
(2) For a statewide ballot item, one‑half of one percent(0.5%) of the votes cast in the ballot item, or 10,000 votes, whichever isless.
Thedemand for a recount must be in writing and must be received by the State Boardof Elections by noon on the second business day after the county canvass. If atthat time the available returns show a candidate not entitled to a mandatoryrecount, but the Executive Director determines subsequently that the margin iswithin the threshold set out in this subsection, the Executive Director shallnotify the eligible candidate immediately and that candidate shall be entitledto a recount if that candidate so demands within 48 hours of notice. Therecount shall be conducted under the supervision of the State Board ofElections.
(d) Rules for Conducting Recounts. The State Board ofElections shall promulgate rules for conducting recounts. Those rules shall besubject to the following guidelines:
(1) The rules shall specify, with respect to each type of votingsystem, when and to what extent the recount shall consist of machine recountsand hand‑to‑eye recounts. Hand‑to‑eye recounts shallalso be ordered as provided by G.S. 163‑182.7A.
(2) The rules shall provide guidance in interpretation of thevoter's choice.
(3) The rules shall specify how the goals of multipartisanparticipation, opportunity for public observation, and good order shall be balanced.(2001‑398, s. 3; 2003‑278, ss. 10(b),10(c); 2005‑323, s. 6(a); 2005‑428, s. 11(b).)