§ 163-45. Observers; appointment.
§ 163‑45. Observers;appointment.
The chair of each politicalparty in the county shall have the right to designate two observers to attendeach voting place at each primary and election and such observers may, at theoption of the designating party chair, be relieved during the day of theprimary or election after serving no less than four hours and provided the listrequired by this section to be filed by each chair contains the names of allpersons authorized to represent such chair's political party. Not more than twoobservers from the same political party shall be permitted in the votingenclosure at any time. This right shall not extend to the chair of a politicalparty during a primary unless that party is participating in the primary. Inany election in which an unaffiliated candidate is named on the ballot, thecandidate or the candidate's campaign manager shall have the right to appointtwo observers for each voting place consistent with the provisions specifiedherein. Persons appointed as observers must be registered voters of the countyfor which appointed and must have good moral character. No person who is acandidate on the ballot in a primary or election may serve as an observer orrunner in that primary or election. Observers shall take no oath of office.
Individuals authorized toappoint observers must submit in writing to the chief judge of each precinct asigned list of the observers appointed for that precinct. Individualsauthorized to appoint observers must, prior to 10:00 A.M. on the fifth dayprior to any primary or general election, submit in writing to the chair of thecounty board of elections two signed copies of a list of observers appointed bythem, designating the precinct for which each observer is appointed. Before theopening of the voting place on the day of a primary or general election, thechair shall deliver one copy of the list to the chief judge for each affectedprecinct. The chair shall retain the other copy. The chair, or the chief judgeand judges for each affected precinct, may for good cause reject any appointeeand require that another be appointed. The names of any persons appointed inplace of those persons rejected shall be furnished in writing to the chiefjudge of each affected precinct no later than the time for opening the votingplace on the day of any primary or general election, either by the chair of thecounty board of elections or the person making the substitute appointment.
If party chairs appointobservers at one‑stop sites under G.S. 163‑227.2, those partychairs shall provide a list of the observers appointed before 10:00 A.M. on thefifth day before the observer is to observe.
An observer shall do noelectioneering at the voting place, and shall in no manner impede the votingprocess or interfere or communicate with or observe any voter in casting aballot, but, subject to these restrictions, the chief judge and judges ofelections shall permit the observer to make such observation and take suchnotes as the observer may desire.
Whether or not the observerattends to the polls for the requisite time provided by this section, eachobserver shall be entitled to obtain at times specified by the State Board ofElections, but not less than three times during election day with the spacingnot less than one hour apart, a list of the persons who have voted in theprecinct so far in that election day. Counties that use an "authorizationto vote document" instead of poll books may comply with the requirement inthe previous sentence by permitting each observer to inspect election recordsso that the observer may create a list of persons who have voted in theprecinct so far that election day; each observer shall be entitled to make theinspection at times specified by the State Board of Elections, but not lessthan three times during election day with the spacing not less than one hourapart.
Instead of having an observerreceive the voting list, the county party chair may send a runner to do so,even if an observer has not been appointed for that precinct. The runner may bethe precinct party chair or any person named by the county party chair. Eachcounty party chair using runners in an election shall provide to the countyboard of elections before 10:00 A.M. on the fifth day before election day alist of the runners to be used. That party chair must notify the chair of thecounty board of elections or the board chair's designee of the names of allrunners to be used in each precinct before the runner goes to the precinct. Therunner may receive a voter list from the precinct on the same schedule as anobserver. Whether obtained by observer or runner, each party is entitled toonly one voter list at each of the scheduled times. No runner may enter thevoting enclosure except when necessary to announce that runner's presence andto receive the list. The runner must leave immediately after being providedwith the list. (1929,c. 164, s. 36; 1953, c. 843; 1955, c. 800; c. 871, s. 7; 1959, c. 616, s. 2;1963, c. 303, s. 1; 1967, c. 775, s. 1; 1973, c. 793, ss. 14, 94; 1977, c. 453;1991, c. 727, s. 3; 1993 (Reg. Sess., 1994), c. 762, s. 19; 1995 (Reg. Sess.,1996), c. 688, s. 1; c. 734, s. 4.1; 2005‑428, s. 1(a); 2007‑391,s. 22; 2008‑187, s. 33(a).)