08 ncac 10b .0106          ELECTION SUPPLIES RETURN

(a)  After an election or primary, all election supplies, including but not limited to election results materials, registration and voter history materials, provisional voting materials, challenged voter materials, ballots, and completed forms, shall be taken to the county board of elections office as soon as all procedures described in 08 NCAC 10B .0105 are complete.

(b)  Election materials and supplies, used or unused, shall not remain in the custody of the Chief Judge, Judges, or any other person and shall be returned to the county board of elections office. If it is not possible for a county board of elections to have all precincts return materials and supplies on the night of the election, the county board of elections must submit a security plan describing how election materials and supplies shall be temporarily stored to the Executive Director of the State Board of Elections 30 days prior to the election. The Executive Director will provide either approval or required modifications to the plan in writing no later than 15 days prior to the election. Factors to be used in making a determination under this Paragraph may include:

(1)           the distance of the round trip from the precinct to the county board of elections office;

(2)           whether heavy traffic exists, including due to tourism or construction; and

(3)           anticipated weather conditions.

(c)  Each board of elections shall have an emergency backup plan to be implemented when an emergency as determined by the Chief Judge prevents election materials and supplies from being returned as described in Paragraph (a) of this Rule. The emergency backup plan shall enable board of elections employees or other authorized persons to retrieve the items from the custody of the Chief Judge and Judges and transport them to the board of elections office.

(d)  All materials shall be transported with a "chain of custody" form that includes a list of the supplies used at the voting site, the signatures and times in which the supplies are in the custody of each official. All supplies, once received at the board of elections, shall be verified and signed for by a board of elections representative.

History Note:        Authority G.S. 163-22; 163-166.10;

Temporary Adoption Eff. April 15, 2002;

Eff. August 1, 2004;

Readopted Eff. September 1, 2019.