duties and responsibilities certifications, challenges, & hearings

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DUTIES AND DUTIES AND RESPONSIBILITIES RESPONSIBILITIES CERTIFICATIONS, CERTIFICATIONS, CHALLENGES, & HEARINGS CHALLENGES, & HEARINGS

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DUTIES AND DUTIES AND RESPONSIBILITIESRESPONSIBILITIES

CERTIFICATIONS, CERTIFICATIONS, CHALLENGES, & HEARINGSCHALLENGES, & HEARINGS

CERTIFICATIONSCERTIFICATIONS

WHO MUST PROVIDE WHO MUST PROVIDE CERTIFICATIONS?CERTIFICATIONS?

PRECINCT OFFICIALSPRECINCT OFFICIALS MUST CERTIFY THE INTEGRITY OF THE VOTE MUST CERTIFY THE INTEGRITY OF THE VOTE

AND SECURITY OF OFFICIAL BALLOTS. AND SECURITY OF OFFICIAL BALLOTS. COUNTY BOARDS OF ELECTIONSCOUNTY BOARDS OF ELECTIONS

MUST CERTIFY THE SUFFICIENCY AND VALIDITY MUST CERTIFY THE SUFFICIENCY AND VALIDITY OF PETITIONS AND NOMINATION PAPERSOF PETITIONS AND NOMINATION PAPERS

MUST ISSUE CERTIFICATES OF ELECTION FOR MUST ISSUE CERTIFICATES OF ELECTION FOR BALLOT ITEMS WITHIN THE JURISDICTION OF BALLOT ITEMS WITHIN THE JURISDICTION OF THE COUNTY BOARD OF ELECTIONS. (THOSE THE COUNTY BOARD OF ELECTIONS. (THOSE BALLOT ISSUES THAT ARE WITHIN THE BALLOT ISSUES THAT ARE WITHIN THE JURISDICTION OF MORE THAN ONE COUNTY ARE JURISDICTION OF MORE THAN ONE COUNTY ARE ISSUED BY THE STATE BOARD OF ELECTIONS.)ISSUED BY THE STATE BOARD OF ELECTIONS.)

PRECINCT OFFICIALSPRECINCT OFFICIALS

THE CERTIFICATION PROCESSTHE CERTIFICATION PROCESS

PRECINCT OFFICIALS: THE PRECINCT OFFICIALS: THE CERTIFICATION PROCESSCERTIFICATION PROCESS

AT THE CLOSE OF POLLS, PRECINCT AT THE CLOSE OF POLLS, PRECINCT OFFICIALS CERTIFY BALLOTS AND VOTER OFFICIALS CERTIFY BALLOTS AND VOTER AUTHORIZATION DOCUMENTS TO ENSURE AUTHORIZATION DOCUMENTS TO ENSURE THE INTEGRITY OF THE VOTE AND THE THE INTEGRITY OF THE VOTE AND THE SECURITY OF THE OFFICIAL BALLOTS.SECURITY OF THE OFFICIAL BALLOTS.

THE CERTIFICATION MUST BE PROVIDED THE CERTIFICATION MUST BE PROVIDED BY PRECINCT OFFICIALS OF MORE THAN BY PRECINCT OFFICIALS OF MORE THAN ONE POLITICAL PARTY.ONE POLITICAL PARTY.

COUNTY BOARDS OF COUNTY BOARDS OF ELECTIONSELECTIONS

THE CERTIFICATION THE CERTIFICATION PROCESSESPROCESSES

COUNTY BOARDS OF ELECTIONS: COUNTY BOARDS OF ELECTIONS: THE CERTIFICATION PROCESSESTHE CERTIFICATION PROCESSES

IN ACCORDANCE WITH PROCEDURES SET IN ACCORDANCE WITH PROCEDURES SET FORTH FOR THE VERIFICATION OF FORTH FOR THE VERIFICATION OF PETITIONS, THE CBE WILL CERTIFY THE PETITIONS, THE CBE WILL CERTIFY THE SUFFICIENCY AND VALIDITY OF PETITONS SUFFICIENCY AND VALIDITY OF PETITONS SUBMITTED TO THE CBE FOR SUBMITTED TO THE CBE FOR CONSIDERATION.CONSIDERATION.

THE CBE WILL ALSO CERTIFY ANY THE CBE WILL ALSO CERTIFY ANY NOMINATION PAPERS THAT ARE NOMINATION PAPERS THAT ARE SUBMITTED FOR THEIR CONSIDERATION.SUBMITTED FOR THEIR CONSIDERATION.

COUNTY BOARDS OF ELECTIONS: COUNTY BOARDS OF ELECTIONS: THE CERTIFICATION PROCESSESTHE CERTIFICATION PROCESSES

EXCEPT FOR THOSE BALLOT ITEMS IN EXCEPT FOR THOSE BALLOT ITEMS IN MULTIPLE JURISDICTIONS, THE CBE MULTIPLE JURISDICTIONS, THE CBE SHALL ISSUE:SHALL ISSUE: CERTIFICATE OF NOMINATION;CERTIFICATE OF NOMINATION; CERTIFICATE OF ELECTION;CERTIFICATE OF ELECTION; CERTIFICATE OF THE RESULTS OF A CERTIFICATE OF THE RESULTS OF A

REFERENDUMREFERENDUM

WHEN ARE THESE WHEN ARE THESE CERTIFICATIONS ISSUED?CERTIFICATIONS ISSUED?

GENERAL RULE:GENERAL RULE: 5 DAYS AFTER THE 5 DAYS AFTER THE COMPLETION OF CANVASS, COMPLETION OF CANVASS, THE CERTIFICATION IS ISSUED THE CERTIFICATION IS ISSUED AND A COPY IS PROVIDED TO AND A COPY IS PROVIDED TO THE CLERK OF COURT.THE CLERK OF COURT.

EXCEPTIONSEXCEPTIONS

IF AN ELECTION PROTEST IS IF AN ELECTION PROTEST IS PENDING:PENDING: ISSUED 5 DAYS AFTER THE PROTEST IS ISSUED 5 DAYS AFTER THE PROTEST IS

DISMISSED OR DENIED BY THE CBE DISMISSED OR DENIED BY THE CBE UNLESS UNLESS DECISION IS APPEALED TO DECISION IS APPEALED TO THE STATE BOARD OF ELECTIONS.THE STATE BOARD OF ELECTIONS.

EXCEPTIONSEXCEPTIONS

IF THE DECISION IS APPEALED TO IF THE DECISION IS APPEALED TO THE STATE BOARD OF ELECTIONS, THE STATE BOARD OF ELECTIONS, THEN:THEN: 10 DAYS AFTER THE FINAL DECISION OF THE 10 DAYS AFTER THE FINAL DECISION OF THE

STATE BOARD OF ELECTIONS STATE BOARD OF ELECTIONS UNLESS UNLESS THE THE STATE BOARD OF ELECTIONS HAS ORDERED A STATE BOARD OF ELECTIONS HAS ORDERED A NEW ELECTION NEW ELECTION OR OR THE ISSUANCE OF THE THE ISSUANCE OF THE CERTIFICATE OF ELECTION IS STAYED BY THE CERTIFICATE OF ELECTION IS STAYED BY THE WAKE COUNTY SUPERIOR COURT.WAKE COUNTY SUPERIOR COURT.

EXCEPTIONSEXCEPTIONS

IF THE STATE BOARD OF ELECTIONS IF THE STATE BOARD OF ELECTIONS ORDERS A NEW ELECTION, THEN:ORDERS A NEW ELECTION, THEN: 5 DAYS AFTER THE CANVASS OF THE 5 DAYS AFTER THE CANVASS OF THE

NEW ELECTION, A CERTIFICATION NEW ELECTION, A CERTIFICATION WOULD BE ISSUED PENDING NO WOULD BE ISSUED PENDING NO ELECTION PROTESTS. IF SO,START ELECTION PROTESTS. IF SO,START OVER!OVER!

EXCEPTIONSEXCEPTIONS

IF THE SUPERIOR COURT OF WAKE IF THE SUPERIOR COURT OF WAKE COUNTY STAYS THE CERTIFICATION COUNTY STAYS THE CERTIFICATION OF ELECTION, THEN:OF ELECTION, THEN: 5 DAYS AFTER THE ENTRY OF A FINAL 5 DAYS AFTER THE ENTRY OF A FINAL

ORDER BY THE WAKE COUNTY ORDER BY THE WAKE COUNTY SUPERIOR COURT, A CERTIFICATION SUPERIOR COURT, A CERTIFICATION WOULD BE ISSUED.WOULD BE ISSUED.

FINALLY…FINALLY…

AFTER THE CERTIFICATION OF AFTER THE CERTIFICATION OF ELECTION HAS BEEN ISSUED, A COPY ELECTION HAS BEEN ISSUED, A COPY SHOULD BE PROVIDED TO THE SHOULD BE PROVIDED TO THE CLERK OF COURT.CLERK OF COURT.

CHALLENGESCHALLENGES

WHEN CAN A CHALLENGE BE WHEN CAN A CHALLENGE BE MADE?MADE?

(1)(1) WHEN THE BOOKS ARE OPEN; ANDWHEN THE BOOKS ARE OPEN; AND

(2)(2) ON THE DAY OF A PRIMARY OR ON THE DAY OF A PRIMARY OR ELECTION.ELECTION.

WHO HEARS CHALLENGES?WHO HEARS CHALLENGES?

WHILE THE BOOKS ARE OPENWHILE THE BOOKS ARE OPEN: A CHALLENGE MAY BE : A CHALLENGE MAY BE MADE BY ANY REGISTERED VOTER IN THE COUNTY TO THE MADE BY ANY REGISTERED VOTER IN THE COUNTY TO THE COUNTY BOARD OF ELECTIONS. THE COUNTY BOARD OF COUNTY BOARD OF ELECTIONS. THE COUNTY BOARD OF ELECTION HEARS THESE CHALLENGES.ELECTION HEARS THESE CHALLENGES.

ON PRIMARY OR ELECTION DAYON PRIMARY OR ELECTION DAY: ANY REGISTERED : ANY REGISTERED VOTER VOTER OF THE PRECINCTOF THE PRECINCT MAY EXERCISE THE RIGHT OF MAY EXERCISE THE RIGHT OF CHALLENGE AT THE PRECINCT AT THE TIME A VOTER IS CHALLENGE AT THE PRECINCT AT THE TIME A VOTER IS OFFERING TO VOTE. THE CHEIF JUDGE AND JUDGES OF OFFERING TO VOTE. THE CHEIF JUDGE AND JUDGES OF ELECTION HEAR THESE CHALLENGES.ELECTION HEAR THESE CHALLENGES.

CHALLENGES OF ABSENTEE BALLOTS ARE HEARD BY THE CHALLENGES OF ABSENTEE BALLOTS ARE HEARD BY THE COUNTY BOARD OF ELECTIONS.COUNTY BOARD OF ELECTIONS.

REFER TO ARTICLE 8 OF CHAPTER 163 OF THE NC GENERAL REFER TO ARTICLE 8 OF CHAPTER 163 OF THE NC GENERAL STATUTES FOR THE CHALLENGE PROCESSES.STATUTES FOR THE CHALLENGE PROCESSES.

HEARINGSHEARINGS

COUNTY BOARDS OF ELECTIONS COUNTY BOARDS OF ELECTIONS TO CONDUCT HEARINGSTO CONDUCT HEARINGS

IN ACCORDANCE WITH N.C. GEN. STAT. IN ACCORDANCE WITH N.C. GEN. STAT. 163-182.17, THE COUNTY BOARD OF 163-182.17, THE COUNTY BOARD OF ELECTIONS SHALL CONDUCT ELECTIONS SHALL CONDUCT HEARINGS IN ELECTION PROTESTS AS HEARINGS IN ELECTION PROTESTS AS PROVIDED IN G.S. 163-182.10. PROVIDED IN G.S. 163-182.10. ADDITIONALLY, COUNTY BOARDS OF ADDITIONALLY, COUNTY BOARDS OF ELECTIONS MUST CONDUCT HEARINGS ELECTIONS MUST CONDUCT HEARINGS CONCERNING CHALLENGES MADE BY CONCERNING CHALLENGES MADE BY REGISTERED VOTERS.REGISTERED VOTERS.

THE HEARING PROCESSTHE HEARING PROCESS

THERE ARE SPECIFIC GUIDELINES IN PLACE THERE ARE SPECIFIC GUIDELINES IN PLACE FOR HEARINGS CONDUCTED BY COUNTY FOR HEARINGS CONDUCTED BY COUNTY BOARDS OF ELECTIONS.BOARDS OF ELECTIONS.

ARTICLE 8 OF CHAPTER 163 AND CHAPTERS ARTICLE 8 OF CHAPTER 163 AND CHAPTERS 2 & 3 OF THE NC ADMINISTRATIVE CODE 2 & 3 OF THE NC ADMINISTRATIVE CODE PROVIDE THESE SPECIFIC GUIDELINES. PROVIDE THESE SPECIFIC GUIDELINES. ADHERANCE TO THESE GUIDELINES IS ADHERANCE TO THESE GUIDELINES IS CRUCIAL IN THE ELECTORAL PROCESS.CRUCIAL IN THE ELECTORAL PROCESS.

A FINAL NOTE…A FINAL NOTE…

THE IMPORTANCE OF COUNTY THE IMPORTANCE OF COUNTY BOARDS OF ELECTIONSBOARDS OF ELECTIONS

YOU ARE THE FRONTLINE OF THE YOU ARE THE FRONTLINE OF THE ELECTION PROCESS.ELECTION PROCESS. WITHOUT THE FULFILLMENT OF YOUR WITHOUT THE FULFILLMENT OF YOUR

DUTIES AND RESPONSIBILITIES THERE DUTIES AND RESPONSIBILITIES THERE WOULD BE NO FAIR AND IMPARTIAL WOULD BE NO FAIR AND IMPARTIAL ELECTIONS IN NORTH CAROLINA. ELECTIONS IN NORTH CAROLINA.