North Carolina General Statutes 163-182.17. Summary of officials’ duties under this Article
(a) This Section a Summary. – The provisions of this section provide a nonexclusive summary of the duties given to officials under this Article. The legal duty is contained, not in this section, but in the other sections of this Article.
(b) Duties of the Precinct Officials. – Precinct officials, in accordance with rules of the State Board of Elections and under the supervision of the county board of elections, shall perform all of the following:
(1) Count votes when votes are required to be counted at the voting place. N.C. Gen. Stat. § 163-182.2
Terms Used In North Carolina General Statutes 163-182.17
- Abstract: means a document signed by the members of the board of elections showing the votes for each candidate and ballot proposal on the official ballot in the election. See North Carolina General Statutes 163-182
- canvass: means the entire process of determining that the votes have been counted and tabulated correctly, culminating in the authentication of the official election results. See North Carolina General Statutes 163-182.5
- Certificate of election: means a document prepared by the official or body with the legal authority to do so, conferring upon a candidate the right to assume an elective office as a result of being elected to it. See North Carolina General Statutes 163-182
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Composite abstract: means a document signed by the members of the State Board showing the total number of votes for each candidate and ballot proposal and the number of votes in each county. See North Carolina General Statutes 163-182
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Make an unofficial report of returns to the county board of elections. N.C. Gen. Stat. § 163-182.2
(3) Certify the integrity of the vote and the security of the official ballots at the voting place. N.C. Gen. Stat. § 163-182.2
(4) Return official ballots and equipment to the county board of elections. N.C. Gen. Stat. § 163-182.2
(c) Duties of the County Board of Elections. – The county board of elections, in accordance with rules of the State Board of Elections, shall perform all of the following:
(1) Count absentee and provisional official ballots and other official ballots required to be initially counted by the county board of elections. N.C. Gen. Stat. § 163-182.2
(2) Canvass results in all ballot items on the official ballot in the county. N.C. Gen. Stat. § 163-182.5
(3) Order a recount in any ballot item on the official ballot in the county, where necessary to complete the canvass, and where not prohibited from doing so. N.C. Gen. Stat. § 163-182.7
(4) Conduct any recount that has been ordered by the county board of elections or the State Board of Elections or that has been properly demanded in accordance with N.C. Gen. Stat. § 163-182.7(b).
(5) Conduct hearings in election protests as provided in N.C. Gen. Stat. § 163-182.10
(6) Prepare abstracts of returns in all the ballot items in the county. N.C. Gen. Stat. § 163-182.6
(7) Retain one original abstract and distribute the other two originals as follows:
a. One to the clerk of superior court in the county.
b. One to the State Board of Elections. N.C. Gen. Stat. § 163-182.6
(8) Issue a certificate of nomination or election or a certificate of the results of a referendum in each ballot item within the jurisdiction of the county board of elections. Provide a copy of the certificate to the clerk of court. N.C. Gen. Stat. § 163-182.15
(d) Duties of the State Board of Elections. – The State Board of Elections shall perform all the following:
(1) Promulgate rules as directed in this Article. N.C. Gen. Stat. § 163-182.1, 163-182.2, 163-182.7, 163-182.10, and 163-182.13.
(2) Provide supervisory direction to the county boards of elections as provided in this Article. N.C. Gen. Stat. § 163-182.1 and N.C. Gen. Stat. § 163-182.2
(3) Canvass the results in ballot items within the jurisdiction of the State Board of Elections. N.C. Gen. Stat. § 163-182.5
(4) Order and supervise a recount in any ballot item within the jurisdiction of the State Board of Elections, where necessary to complete the canvass. N.C. Gen. Stat. § 163-182.7
(5) Hear and decide appeals from decisions of county boards of elections in election protests. N.C. Gen. Stat. § 163-182.11
(6) Order new elections in accordance with N.C. Gen. Stat. § 163-182.15
(7) Prepare, in duplicate originals, composite abstracts of ballot items within the jurisdiction of the State Board of Elections. N.C. Gen. Stat. § 163-182.6
(8) Retain one original of the composite abstract and deliver to the Secretary of State the other original composite abstract of the results of ballot items within the jurisdiction of the State Board of Elections. N.C. Gen. Stat. § 163-182.6
(9) Certify the results of any election within the jurisdiction of the State Board of Elections and provide a copy to the Secretary of State. N.C. Gen. Stat. § 163-182.15
(e) Duties of the Secretary of State. – The Secretary of State shall retain and compile in a useful form all the abstracts and returns provided by the county boards of elections and the State Board of Elections. N.C. Gen. Stat. § 163-182.6
(f) Duty of the Governor. – The Governor shall issue a commission to any person elected to an office listed in N.C. Gen. Stat. § 163-182.16 upon notification from the Secretary of State that a certificate of election has been issued to the person. N.C. Gen. Stat. § 163-182.16 (2001-398, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)