163-182.7. Ordering recounts.
(a) Discretionary Recounts. - The county board of elections or the State Board of Elections may order a recount when necessary to complete the canvass in an election. The county board may not order a recount where the State Board of Elections has already denied a recount to the petitioner.
(b) Mandatory Recounts for Ballot Items Within the Jurisdiction of the County Board of Elections. - In a ballot item within the jurisdiction of the county board of elections, a candidate shall have the right to demand a recount of the votes if the difference between the votes for that candidate and the votes for a prevailing candidate is not more than one percent (1%) of the total votes cast in the ballot item, or in the case of a multiseat ballot item not more than one percent (1%) of the votes cast for those two candidates. The demand for a recount must be made in writing and must be received by the county board 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 of elections.
(c) Mandatory Recounts for Ballot Items Within the Jurisdiction of the State Board of Elections. - In a ballot item within the jurisdiction of the State Board of Elections, a candidate shall have the right to demand a recount of the votes if the difference between the votes for that candidate and the votes for a prevailing candidate are not more than the following:
(1) For a nonstatewide ballot item, one percent (1%) of the total votes cast in the ballot item, or in the case of a multiseat ballot item, one percent (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 is less.
(d) Rules for Conducting Recounts. - The State Board of Elections shall promulgate rules for conducting recounts. Those rules shall be subject to the following guidelines:
(1) The rules shall specify, with respect to each type of voting system, when and to what extent the recount shall consist of machine recounts and hand-to-eye recounts. Hand-to-eye recounts shall also be ordered as provided by G.S. 163-182.7A.
(2) The rules shall provide guidance in interpretation of the voter's choice.
(3) The rules shall specify how the goals of multipartisan participation, 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); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 163 - Elections and Election Laws
Article 15A - Counting Ballots, Canvassing Votes, and Certifying Results in Precinct and County.
§ 163-182.1 - Principles and rules for counting official ballots.
§ 163-182.2 - Initial counting of official ballots.
§ 163-182.3 - Responsibility of chief judge.
§ 163-182.4 - Jurisdiction for certain ballot items.
§ 163-182.5 - Canvassing votes.
§ 163-182.7 - Ordering recounts.
§ 163-182.7A - Additional provisions for hand-to-eye recounts.
§ 163-182.8 - Determining result in case of a tie.
§ 163-182.9 - Filing an election protest.
§ 163-182.10 - Consideration of protest by county board of elections.
§ 163-182.11 - Appeal of a protest decision by the county board to the State Board of Elections.
§ 163-182.12 - Authority of State Board of Elections over protests.
§ 163-182.12A - Post-election audits.
§ 163-182.13A - Contested elections for Council of State offices.
§ 163-182.15 - Certificate of nomination or election, or certificate of the results of a referendum.
§ 163-182.16 - Governor to issue commissions for certain offices.
§ 163-182.17 - Summary of officials' duties under this Article.