08 NCAC 04 .0303. OFFICIAL BALLOT(S) TO BE USED ON VOTING SYSTEM

(a)  In Primary Elections:

(1)           All voting system ballots for use in any county shall be printed and furnished by the chairman of the county board of elections.

(2)           The chairman shall print or cause to be printed on the official ballots for use in the county all ballot items.  This shall include the name of each candidate who is to be voted for in that county, as contained on the list of candidates received from the State Board of Elections and from the notices of candidacy filed with the county board of elections.

(3)           The names of all of the candidates for each office for each political party shall be printed in the exact order as determined and provided to each county board of elections by the State Board of Elections.

(4)           The responsible board of elections shall prepare ballots in a number equal to 100% of the number of registered voters in the primary and shall furnish each precinct voting place with each kind of ballot to be voted in the primary in a number equal to at least 70% of the number of persons registered to vote in the primary or in the precinct, keeping the balance in reserve in such a manner that is secured yet accessible if needed. If a second primary or runoff election is necessary, the responsible board of elections shall prepare and fully distribute, without a reservation, ballots in a number equal to at least twice the number of ballots issued for that particular race in the first primary.

(b)  In General Elections:

(1)           All voting system ballots for use in any county shall be printed and furnished by the chairman of the county board of elections.

(2)           The chairman shall print or cause to be printed on the official ballots for use in the county. This shall include but not be limited to the names of each candidate who is to be voted for in that county, as contained on the list of nominees received from the State Board of Elections and from the notices of candidacy filed with the county board of elections.

(3)           The names of all of the nominees for each office shall be printed in the exact order as determined and provided to each county board of elections by the State Board of Elections.

(4)           The responsible board of elections shall prepare ballots in a number equal to 100% of the number of registered voters in the election and shall furnish each precinct voting place with each kind of ballot to be voted in the election in a number equal to at least 70% of the number of persons registered to vote in the election or in the precinct, keeping the balance in reserve in such a manner that is secured yet accessible if needed. If a runoff election is necessary, the responsible board of elections shall prepare and fully distribute, without a reservation, ballots in a number equal to at least twice the number of ballots issued for that particular race in the first election.

(c)  In Other Elections:

(1)           All voting system ballots for use in any county shall be printed and furnished by the chairman of the county board of elections.

(2)           The chairman shall print or cause to be printed on the official ballots for use in the county, the questions, issues, or propositions which are to be voted on in that county, as contained on the list of statewide items received from the State Board of Elections, or from petitions or action of local governmental entities.

(3)           Any review of any special election ballot containing questions, issues, or propositions by the State Board of Elections office or a county board of elections shall not be considered a certification or opinion that the items on the ballot are lawfully upon the ballot and lawfully authorized to be voted upon at the time and place so indicated.  It shall be the responsibility of the political entities authorizing the placing of the questions, issues, or propositions for a vote to determine the legality of items to be presented.  Upon the request of a county board of elections, the State Board of Elections may present any issue as to the legality of any ballot item in a special election to the North Carolina Attorney General for a legal opinion.

(4)           The responsible board of elections shall prepare ballots in a number equal to 100% of the number of registered voters in the election and shall furnish each precinct voting place with each kind of ballot to be voted in the election in a number equal to at least 70% of the number of persons registered to vote in the election or in the precinct, keeping the balance in reserve in such a manner that is secured yet easily accessible if needed. If a runoff election is necessary, the responsible board of elections shall prepare and fully distribute, without a reservation, ballots in a number equal to at least twice the number of ballots issued for that particular race in the first election.

(d)  The State Board shall review for accuracy the ballot content, arrangement and instructions to voters and certify all ballots to be used in each official election. The primary responsibility for proofing the ballot lies with the county board of elections. Ballots are to be submitted to the State Board as soon as practicable but not later than five days following the certification of ballot items.  When related litigation is pending and delays certification of ballot information, the State Board shall certify ballot information in as timely a manner as possible.

 

History Note:        Authority G.S. 163-22; 163-165.6;

Temporary Adoption Eff. April 15, 2002;

Eff. August 1, 2004.