Recount policies/procedures/costs (Office of the Attorney General - North Carolina)

Thank you for your attached public records request. The State Board of Elections may be the appropriate agency to answer your questions. You may wish to contact them here: http://www.ncsbe.gov/contact-us
Best,

Mary Scott Winstead
Assistant Public Information Officer
Attorney General Roy Cooper
N.C. Department of Justice
mwinstead@ncdoj.gov<mailto:mwinstead@ncdoj.gov>

Hi Pat,

Thanks for checking! I'm definitely still interested. If you could send any
responses to requests@muckrock.com, I would really
appreciate it, and please let me know if you need any clarification or
anything else.
Best wishes,
Beryl

Will try to get you the information by end of business today.

Pat
Sent from my iPhone

Ms. Lipton,

Below and attached is information in response to your public records request. Please let me know if you need additional information or if this response does not satisfy your request. You can also reach me with any questions at 919-715-1790.

Any and all policies and procedures regarding the recount of federal, state, or local ballot initiatives, including all materials regarding the following specific points:

* All policies and procedures regarding the initiation of a request to recount votes regarding a particular candidate position or ballot initiative

Recount requests are guided by the following state statute:

§ 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.

The demand for a recount must be in writing and must be received by the State Board of Elections by noon on the second business day after the county canvass. If at that time the available returns show a candidate not entitled to a mandatory recount, but the Executive Director determines subsequently that the margin is within the threshold set out in this subsection, the Executive Director shall notify the eligible candidate immediately and that candidate shall be entitled to a recount if that candidate so demands within 48 hours of notice. The recount shall be conducted under the supervision of the State Board of Elections.

(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).)

* All policies and procedures regarding the technical, practical measures for execution of a recount

In North Carolina, the 100 County Boards of Elections conduct recounts of the ballots in their counties, with oversight by the State Board of Elections. The following link will take you to the administrative rules governing the general conduct of recounts:

http://reports.oah.state.nc.us/ncac/title%2008%20-%20elections/chapter%2009%20-%20conduct%20of%20vote%20recounts%20by%20county%20boards%20of%20elections/chapter%2009%20rules.pdf

In addition, the State Board this year provided counties with more detailed guidance about recounts in the form of Numbered Memos. See the links below:

https://s3.amazonaws.com/dl.ncsbe.gov/sboe/numbermemo/2016/Numbered_Memo_2016-28%20.pdf

https://s3.amazonaws.com/dl.ncsbe.gov/sboe/numbermemo/2016/Numbered_Memo_2016-27.pdf

And here is an additional statutory provision regarding hand-to-eye recounts:

§ 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).)

* All policies, procedures, and considerations regarding the cost and budget of an execution of a recount

The individual counties pay the costs associated with recounts in North Carolina. The counties would have to respond about their policies and procedures, although most counties find money within existing budgets to pay for recounts.

The State Board of Elections recently surveyed the 100 counties regarding the cost of a recount in the 2016 State Auditor's race. Based on the responses we've received to date, the State Board Office estimates that the recount cost the counties $250,000 to $300,000 combined. (If you want additional information about this, please let me know.)

* All policies and procedures regarding the tallying and reporting of a vote recount

Please see the attached Numbered Memo 2016-29 and "Certification of Machine Count." Additional information regarding tallying and reporting is available in the previous responses as well.

Patrick Gannon
Public Information Officer
North Carolina State Board of Elections
919-715-1790: Office
984-204-0767: Cell