DUTIES AND RESPONSIBILITIES CERTIFICATIONS, CHALLENGES, & HEARINGS

CERTIFICATIONS

WHO MUST PROVIDE CERTIFICATIONS? PRECINCT OFFICIALS PRECINCT OFFICIALS MUST CERTIFY THE INTEGRITY OF THE VOTE AND SECURITY OF OFFICIAL BALLOTS. MUST CERTIFY THE INTEGRITY OF THE VOTE AND SECURITY OF OFFICIAL BALLOTS. COUNTY BOARDS OF ELECTIONS COUNTY BOARDS OF ELECTIONS MUST CERTIFY THE SUFFICIENCY AND VALIDITY OF PETITIONS AND NOMINATION PAPERS MUST CERTIFY THE SUFFICIENCY AND VALIDITY OF PETITIONS AND NOMINATION PAPERS MUST ISSUE CERTIFICATES OF ELECTION FOR BALLOT ITEMS WITHIN THE JURISDICTION OF THE COUNTY BOARD OF ELECTIONS. (THOSE BALLOT ISSUES THAT ARE WITHIN THE JURISDICTION OF MORE THAN ONE COUNTY ARE ISSUED BY THE STATE BOARD OF ELECTIONS.) MUST ISSUE CERTIFICATES OF ELECTION FOR BALLOT ITEMS WITHIN THE JURISDICTION OF THE COUNTY BOARD OF ELECTIONS. (THOSE BALLOT ISSUES THAT ARE WITHIN THE JURISDICTION OF MORE THAN ONE COUNTY ARE ISSUED BY THE STATE BOARD OF ELECTIONS.)

PRECINCT OFFICIALS THE CERTIFICATION PROCESS

PRECINCT OFFICIALS: THE CERTIFICATION PROCESS AT THE CLOSE OF POLLS, PRECINCT OFFICIALS CERTIFY BALLOTS AND VOTER AUTHORIZATION DOCUMENTS TO ENSURE THE INTEGRITY OF THE VOTE AND THE SECURITY OF THE OFFICIAL BALLOTS. AT THE CLOSE OF POLLS, PRECINCT OFFICIALS CERTIFY BALLOTS AND VOTER AUTHORIZATION DOCUMENTS TO ENSURE THE INTEGRITY OF THE VOTE AND THE SECURITY OF THE OFFICIAL BALLOTS. THE CERTIFICATION MUST BE PROVIDED BY PRECINCT OFFICIALS OF MORE THAN ONE POLITICAL PARTY. THE CERTIFICATION MUST BE PROVIDED BY PRECINCT OFFICIALS OF MORE THAN ONE POLITICAL PARTY.

COUNTY BOARDS OF ELECTIONS THE CERTIFICATION PROCESSES

COUNTY BOARDS OF ELECTIONS: THE CERTIFICATION PROCESSES IN ACCORDANCE WITH PROCEDURES SET FORTH FOR THE VERIFICATION OF PETITIONS, THE CBE WILL CERTIFY THE SUFFICIENCY AND VALIDITY OF PETITONS SUBMITTED TO THE CBE FOR CONSIDERATION. IN ACCORDANCE WITH PROCEDURES SET FORTH FOR THE VERIFICATION OF PETITIONS, THE CBE WILL CERTIFY THE SUFFICIENCY AND VALIDITY OF PETITONS SUBMITTED TO THE CBE FOR CONSIDERATION. THE CBE WILL ALSO CERTIFY ANY NOMINATION PAPERS THAT ARE SUBMITTED FOR THEIR CONSIDERATION. THE CBE WILL ALSO CERTIFY ANY NOMINATION PAPERS THAT ARE SUBMITTED FOR THEIR CONSIDERATION.

COUNTY BOARDS OF ELECTIONS: THE CERTIFICATION PROCESSES EXCEPT FOR THOSE BALLOT ITEMS IN MULTIPLE JURISDICTIONS, THE CBE SHALL ISSUE: EXCEPT FOR THOSE BALLOT ITEMS IN MULTIPLE JURISDICTIONS, THE CBE SHALL ISSUE: CERTIFICATE OF NOMINATION; CERTIFICATE OF NOMINATION; CERTIFICATE OF ELECTION; CERTIFICATE OF ELECTION; CERTIFICATE OF THE RESULTS OF A REFERENDUM CERTIFICATE OF THE RESULTS OF A REFERENDUM

WHEN ARE THESE CERTIFICATIONS ISSUED? GENERAL RULE: 5 DAYS AFTER THE COMPLETION OF CANVASS, THE CERTIFICATION IS ISSUED AND A COPY IS PROVIDED TO THE CLERK OF COURT. 5 DAYS AFTER THE COMPLETION OF CANVASS, THE CERTIFICATION IS ISSUED AND A COPY IS PROVIDED TO THE CLERK OF COURT.

EXCEPTIONS IF AN ELECTION PROTEST IS PENDING: IF AN ELECTION PROTEST IS PENDING: ISSUED 5 DAYS AFTER THE PROTEST IS DISMISSED OR DENIED BY THE CBE UNLESS DECISION IS APPEALED TO THE STATE BOARD OF ELECTIONS. ISSUED 5 DAYS AFTER THE PROTEST IS DISMISSED OR DENIED BY THE CBE UNLESS DECISION IS APPEALED TO THE STATE BOARD OF ELECTIONS.

EXCEPTIONS IF THE DECISION IS APPEALED TO THE STATE BOARD OF ELECTIONS, THEN: IF THE DECISION IS APPEALED TO THE STATE BOARD OF ELECTIONS, THEN: 10 DAYS AFTER THE FINAL DECISION OF THE STATE BOARD OF ELECTIONS UNLESS THE STATE BOARD OF ELECTIONS HAS ORDERED A NEW ELECTION OR THE ISSUANCE OF THE CERTIFICATE OF ELECTION IS STAYED BY THE WAKE COUNTY SUPERIOR COURT. 10 DAYS AFTER THE FINAL DECISION OF THE STATE BOARD OF ELECTIONS UNLESS THE STATE BOARD OF ELECTIONS HAS ORDERED A NEW ELECTION OR THE ISSUANCE OF THE CERTIFICATE OF ELECTION IS STAYED BY THE WAKE COUNTY SUPERIOR COURT.

EXCEPTIONS IF THE STATE BOARD OF ELECTIONS ORDERS A NEW ELECTION, THEN: IF THE STATE BOARD OF ELECTIONS ORDERS A NEW ELECTION, THEN: 5 DAYS AFTER THE CANVASS OF THE NEW ELECTION, A CERTIFICATION WOULD BE ISSUED PENDING NO ELECTION PROTESTS. IF SO,START OVER! 5 DAYS AFTER THE CANVASS OF THE NEW ELECTION, A CERTIFICATION WOULD BE ISSUED PENDING NO ELECTION PROTESTS. IF SO,START OVER!

EXCEPTIONS IF THE SUPERIOR COURT OF WAKE COUNTY STAYS THE CERTIFICATION OF ELECTION, THEN: IF THE SUPERIOR COURT OF WAKE COUNTY STAYS THE CERTIFICATION OF ELECTION, THEN: 5 DAYS AFTER THE ENTRY OF A FINAL ORDER BY THE WAKE COUNTY SUPERIOR COURT, A CERTIFICATION WOULD BE ISSUED. 5 DAYS AFTER THE ENTRY OF A FINAL ORDER BY THE WAKE COUNTY SUPERIOR COURT, A CERTIFICATION WOULD BE ISSUED.

FINALLY… AFTER THE CERTIFICATION OF ELECTION HAS BEEN ISSUED, A COPY SHOULD BE PROVIDED TO THE CLERK OF COURT. AFTER THE CERTIFICATION OF ELECTION HAS BEEN ISSUED, A COPY SHOULD BE PROVIDED TO THE CLERK OF COURT.

CHALLENGES

WHEN CAN A CHALLENGE BE MADE? (1) WHEN THE BOOKS ARE OPEN; AND (2) ON THE DAY OF A PRIMARY OR ELECTION.

WHO HEARS CHALLENGES? WHILE THE BOOKS ARE OPEN: A CHALLENGE MAY BE MADE BY ANY REGISTERED VOTER IN THE COUNTY TO THE COUNTY BOARD OF ELECTIONS. THE COUNTY BOARD OF ELECTION HEARS THESE CHALLENGES. WHILE THE BOOKS ARE OPEN: A CHALLENGE MAY BE MADE BY ANY REGISTERED VOTER IN THE COUNTY TO THE COUNTY BOARD OF ELECTIONS. THE COUNTY BOARD OF ELECTION HEARS THESE CHALLENGES. ON PRIMARY OR ELECTION DAY: ANY REGISTERED VOTER OF THE PRECINCT MAY EXERCISE THE RIGHT OF CHALLENGE AT THE PRECINCT AT THE TIME A VOTER IS OFFERING TO VOTE. THE CHEIF JUDGE AND JUDGES OF ELECTION HEAR THESE CHALLENGES. ON PRIMARY OR ELECTION DAY: ANY REGISTERED VOTER OF THE PRECINCT MAY EXERCISE THE RIGHT OF CHALLENGE AT THE PRECINCT AT THE TIME A VOTER IS OFFERING TO VOTE. THE CHEIF JUDGE AND JUDGES OF ELECTION HEAR THESE CHALLENGES. CHALLENGES OF ABSENTEE BALLOTS ARE HEARD BY THE COUNTY BOARD OF ELECTIONS. CHALLENGES OF ABSENTEE BALLOTS ARE HEARD BY THE COUNTY BOARD OF ELECTIONS. REFER TO ARTICLE 8 OF CHAPTER 163 OF THE NC GENERAL STATUTES FOR THE CHALLENGE PROCESSES. REFER TO ARTICLE 8 OF CHAPTER 163 OF THE NC GENERAL STATUTES FOR THE CHALLENGE PROCESSES.

HEARINGS

COUNTY BOARDS OF ELECTIONS TO CONDUCT HEARINGS IN ACCORDANCE WITH N.C. GEN. STAT , THE COUNTY BOARD OF ELECTIONS SHALL CONDUCT HEARINGS IN ELECTION PROTESTS AS PROVIDED IN G.S ADDITIONALLY, COUNTY BOARDS OF ELECTIONS MUST CONDUCT HEARINGS CONCERNING CHALLENGES MADE BY REGISTERED VOTERS.

THE HEARING PROCESS THERE ARE SPECIFIC GUIDELINES IN PLACE FOR HEARINGS CONDUCTED BY COUNTY BOARDS OF ELECTIONS. ARTICLE 8 OF CHAPTER 163 AND CHAPTERS 2 & 3 OF THE NC ADMINISTRATIVE CODE PROVIDE THESE SPECIFIC GUIDELINES. ADHERANCE TO THESE GUIDELINES IS CRUCIAL IN THE ELECTORAL PROCESS.

A FINAL NOTE…

THE IMPORTANCE OF COUNTY BOARDS OF ELECTIONS YOU ARE THE FRONTLINE OF THE ELECTION PROCESS. YOU ARE THE FRONTLINE OF THE ELECTION PROCESS. WITHOUT THE FULFILLMENT OF YOUR DUTIES AND RESPONSIBILITIES THERE WOULD BE NO FAIR AND IMPARTIAL ELECTIONS IN NORTH CAROLINA. WITHOUT THE FULFILLMENT OF YOUR DUTIES AND RESPONSIBILITIES THERE WOULD BE NO FAIR AND IMPARTIAL ELECTIONS IN NORTH CAROLINA.