163-182.7A. Additional provisions for hand-to-eye recounts.
(a) The rules promulgated by the State Board of Elections for recounts shall provide that if the initial recount is not hand-to-eye, and if the recount does not reverse the results, the candidate who had originally been entitled to a recount may, within 24 hours of the completion of the first recount, demand a second recount on a hand-to-eye basis in a sample of precincts. If the initial recount was not hand-to-eye and it reversed the results, the candidate who had initially been the winner shall have the same right to ask for a hand-to-eye recount in a sample of precincts.
That sample shall be all the ballots in three percent (3%) of the precincts casting ballots in each county in the jurisdiction of the office, rounded up to the next whole number of precincts. For the purpose of that calculation, each one-stop (early) voting site shall be considered to be a precinct. The precincts to be recounted by a hand-to-eye count shall be chosen at random within each county. If the results of the hand-to-eye recount differ from the previous results within those precincts to the extent that extrapolating the amount of the change to the entire jurisdiction (based on the proportion of ballots recounted to the total votes cast for that office) would result in the reversing of the results, then the State Board of Elections shall order a hand-to-eye recount of the entire jurisdiction in which the election is held. There shall be no cost to the candidate for that recount in the entire jurisdiction.
(b) Recounts under this section shall be governed by rules adopted under G.S. 163-182.7(d).
(c) No complete hand-to-eye recount shall be conducted under this section if one has already been done under another provision of law. (2005-323, s. 6(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.