08 NCAC 10B .0103          VOTING PROCEDURES

(a)  From the time the polls are opened until the precinct count has been completed, the returns signed, and the results declared, no person shall take or remove from the voting enclosure election supplies and materials, including official ballots, containers of official ballots, provisional official ballots, spoiled ballots, the pollbook or voter authorization slip(s), the registration record(s) or any voting units or devices that are part of the voting system, except as authorized by law to accommodate curbside voters.  Provisions for secure removal of election supplies and materials at any time would be permissible under the emergency management plan of a county board of elections in the cases of natural or man-made emergencies.

(b)  A person seeking to vote shall enter the voting enclosure at the voting place through the designated entrance and shall clearly communicate the person's name and place of residence to one of the judges of election.  In some cases, the precinct judge may prompt the voter to provide this information. In a primary election, the voter shall also state the political party with which the voter affiliates and in whose primary the voter desires to vote, or if the voter is an unaffiliated voter permitted to vote in the primary of a particular party, the voter shall state the name of the authorizing political party in whose primary the voter wishes to vote.  This information, including the political party's primary in which the voter elected to participate, provided by the voter shall be recorded in the precinct pollbook or on the voter authorization slip.  The judge or assistant to whom the voter gives this information shall announce the name and residence of the voter so that the information may be heard by the necessary officials and observers.  After examining the precinct registration records, the judge or assistant shall state whether the person seeking to vote is registered.  The precinct judge or assistant shall not presume the identity/name, address, or party affiliation of any person seeking to vote.

(c)  If the person is found to be registered and is not challenged, or if the challenge is overruled, the responsible judge of election shall provide the voter with each official ballot the voter is entitled to vote.  In a primary election the voter shall be allowed to vote the political party ballot(s) the voter is entitled to vote and no others, except non-partisan ballots.  Unaffiliated voters may choose to participate in only one party's primary and no others on the same day.  In the case of a second primary, unaffiliated voters who participated in a party's primary in the first primary may only vote that party's ballot in the second primary.  However, if an unaffiliated voter did not participate in the first primary, the voter may choose which party's primary to participate in during the second primary. Note that unaffiliated voter participation in party primaries is subject to authorization by the respective state party executive committees.  Unaffiliated voters who are otherwise qualified may always participate in non-partisan primaries. 

(d)  If the person is found to not be registered to vote in the precinct, the responsible judge of election shall inform the person of the fail-safe voting process.  First, based on information provided by the person the responsible judge shall determine whether or not the person may be eligible to vote an official provisional ballot.  The person is eligible to vote an official provisional ballot if the person resides in the precinct and either:

(1)           is a registered voter in the county and has moved into the precinct 30 days or more prior to the election and has not reported the change to the board of elections; or

(2)           claims to have applied for voter registration in the county but there is no record of the person's name on the registration records; or

(3)           was removed from the list, but the person maintains continuous eligibility within the county; or

(4)           disputes the voting districts (and ballots) to which the person has been assigned.

(e)  If the person is found to not be registered to vote in the precinct and the responsible judge of election learns from the person that the person resides in a different precinct, the responsible judge shall provide the person with adequate information in order to direct the person to the proper voting place.

(f)  It is the duty of the chief judge and judges to gather any voter information regarding changes of name and address in order to assist the county board of elections in updating voter records.  If the county board of elections has identified a voter's record pursuant to law to gather additional information, the responsible judge shall require the voter to update the information. 

(g)  It is the duty of the chief judge and judges to give any voter any technical information the voter desires in regard to ballot items.  In response to questions asked by the voter, the chief judge and judges shall communicate to the voter only technical information necessary to enable the voter to vote the ballot.

(h)  The Chief Judge shall assign two precinct officials, one from each political party if possible, to keep the pollbook or other voting record and to keep the registration list.  The names of all persons voting shall be checked on the registration record and entered on the pollbook or other voting record.  In an election where observers may be appointed each voter's party affiliation shall be entered in the proper column of the pollbook or other approved record opposite the voter's name. The designated official shall make each entry at the time the ballots are handed to the voter.  The information about the voter's political party registration shall be obtained from the registration record and not from the voter.

(i)  The chief judge, judges, and assistants must ensure that registration records are kept secure and do not leave the voting enclosure for any purpose.  Properly designated observers are entitled to obtain a list of the persons who have voted in the precinct so far in that election day at least at the following times:  10 a.m., 2 p.m. and 4 p.m.  Counties using authorization to vote documents as opposed to traditional pollbooks may comply with the requirement by permitting each observer to inspect election records so that the observer may create a list of persons who have voted in the precinct. A party may designate more than two observers for each precinct, but only two may serve in the voting place at the same time. Observers may serve in shifts, as long as the shifts are at least four hours long and the persons serving in the shifts have been properly appointed as observers.


History Note:        Authority G.S. 163-22; 163-166.7; 163-119;

Temporary Adoption Eff. April 15, 2002;

Eff. August 1, 2004.