08 ncac 09 .0108 DIRECT RECORD ELECTRONIC AND LEVER (DIRECT RECORD MECHANICAL) VOTING MACHINES
(a) In the first recount, all votes cast on each unit shall be retabulated and results provided. The results provided shall be re-read using the team of four rules outlined in Section I of these Rules.
(b) When the first recount has been completed, the board of elections shall follow these steps:
(1) The county board must determine whether the first recount produces a change in the winner;
(2) If the apparent winner after the initial balloting is the apparent loser after the first recount, that candidate shall be entitled to demand a second recount;
(3) If the apparent winner after the initial balloting remains the apparent winner after the first recount, Subparagraph (b)(4) of this Rule must be considered;
(4) The county board must determine whether there is a discrepancy in the machine totals between the initial balloting and the first recount;
(5) If the unit totals from the initial balloting and the first recount are the same, no second recount is necessary;
(6) If the unit totals from the initial balloting and the first recount are not the same, Subparagraph (b)(7) of this Rule must be considered;
(7) The county board must determine whether the discrepancy in the machine total can be reconciled;
(8) The county board shall determine if the discrepancy in the unit totals between the initial balloting and the first recount can be explained. (Possible acceptable explanations may include problems with the setup of the ballot, problems with the software or other unit malfunction); and
(9) If the reconciliation produces a different unit total for the first recount than the unit total in the initial balloting, the losing candidate is entitled to demand a second recount provided by the county board of elections.
(c) A manual recount, by hand and eye, of ballots is not possible whenever a lever machine or direct record electronic voting machine error occurs.
(d) The State Board of Elections shall hear any appeals of recount protests.
History Note: Authority G.S. 163-22; 163-182.7;
Temporary Adoption Eff. April 15, 2002;
Eff. August 1, 2004.