2005 North Carolina Code - General Statutes § 163-182.17. Summary of officials\' duties under this Article.

§ 163‑182.17.  Summary of officials' duties under this Article.

(a)       This Section a Summary. – The provisions of this section provide a nonexclusive summary of the duties given to officials under this Article. The legal duty is contained, not in this section, but in the other sections of this Article.

(b)       Duties of the Precinct Officials. – Precinct officials, in accordance with rules of the State Board of Elections and under the supervision of the county board of elections, shall perform all of the following:

(1)       Count votes when votes are required to be counted at the voting place. G.S. 163‑182.2.

(2)       Make an unofficial report of returns to the county board of elections. G.S. 163‑182.2.

(3)       Certify the integrity of the vote and the security of the official ballots at the voting place. G.S. 163‑182.2.

(4)       Return official ballots and equipment to the county board of elections. G.S. 163‑182.2.

(c)       Duties of the County Board of Elections. – The county board of elections, in accordance with rules of the State Board of Elections, shall perform all of the following:

(1)       Count absentee and provisional official ballots and other official ballots required to be initially counted by the county board of elections. G.S. 163‑182.2.

(2)       Canvass results in all ballot items on the official ballot in the county. G.S. 163‑182.5.

(3)       Order a recount in any ballot item on the official ballot in the county, where necessary to complete the canvass, and where not prohibited from doing so. G.S. 163‑182.7.

(4)       Conduct any recount that has been ordered by the county board of elections or the State Board of Elections or that has been properly demanded in accordance with G.S. 163‑182.7(b).

(5)       Conduct hearings in election protests as provided in G.S. 163‑182.10.

(6)       Prepare abstracts of returns in all the ballot items in the county. G.S. 163‑182.6.

(7)       Retain one original abstract and distribute the other two originals as follows:

a.         One to the clerk of superior court in the county.

b.         One to the State Board of Elections. G.S. 163‑182.6.

(8)       Issue a certificate of nomination or election or a certificate of the results of a referendum in each ballot item within the jurisdiction of the county board of elections. Provide a copy of the certificate to the clerk of court. G.S. 163‑182.15.

(d)       Duties of the State Board of Elections. – The State Board of Elections shall perform all the following:

(1)       Promulgate rules as directed in this Article. G.S. 163‑182.1, 163‑182.2, 163‑182.7, 163‑182.10, and 163‑182.13.

(2)       Provide supervisory direction to the county boards of elections as provided in this Article. G.S. 163‑182.1 and G.S. 163‑182.2.

(3)       Canvass the results in ballot items within the jurisdiction of the State Board of Elections. G.S. 163‑182.5.

(4)       Order and supervise a recount in any ballot item within the jurisdiction of the State Board of Elections, where necessary to complete the canvass. G.S. 163‑182.7.

(5)       Hear and decide appeals from decisions of county boards of elections in election protests. G.S. 163‑182.11.

(6)       Order new elections in accordance with G.S. 163‑182.15.

(7)       Prepare, in duplicate originals, composite abstracts of ballot items within the jurisdiction of the State Board of Elections. G.S. 163‑182.6.

(8)       Retain one original of the composite abstract and deliver to the Secretary of State the other original composite abstract of the results of ballot items within the jurisdiction of the State Board of Elections. G.S. 163‑182.6.

(9)       Certify the results of any election within the jurisdiction of the State Board of Elections and provide a copy to the Secretary of State. G.S. 163‑182.15.

(e)       Duties of the Secretary of State. – The Secretary of State shall retain and compile in a useful form all the abstracts and returns provided by the county boards of elections and the State Board of Elections. G.S. 163‑182.6.

(f)        Duty of the Governor. – The Governor shall issue a commission to any person elected to an office listed in G.S. 163‑182.16 upon notification from the Secretary of State that a certificate of election has been issued to the person. G.S. 163‑182.16. (2001‑398, s. 3.)