08 NCAC 12 .0109. RECEIVING FACSIMILE (FAX) TRANSMISSIONS

(a)  When a completed absentee ballot is received by facsimile (fax) transmission, the board of elections will note the date of receipt on the absentee ballot application log and, if the ballot is received on the day before election day, the time of receipt. The board of elections will then remove the ballot portion of the transmission from the portion that identifies the voter; place the ballot portion in a container-return envelope of the type used for absentee ballots returned by mail; seal the envelope; and maintain the voted ballot and envelope in a secure location for county board of elections consideration.

(b)  A county board of elections may not accept multiple transmissions of a voted ballot or any other voting material submitted by the voter. The earliest date and timed version of a voted ballot or any other voting material received by the board of elections will be accepted. All other versions of a voted ballot or any other voting material will be rejected, except in the following circumstances: an incomplete fax transmission occurs and calls for a new complete fax transmission, and/or the original voted ballot which will be retained for audit purposes or used as a fail-safe mechanism.

(c)  An absentee ballot that is returned by facsimile (fax) transmission must be received by the board of elections no later than 5:00 p.m., Eastern Standard Time, on the day before election day in order to be counted. Faxed ballots will not be accepted after that time, except votes for President and Vice-President of the United States may be received by fax or other delivery by the close of polls on election day. The original voted ballots shall be transmitted or delivered to the county board of elections. However, failure to receive the original voted ballot does not disqualify the faxed ballot. All approved absentee ballots returned by facsimile (fax) transmission will be hand-counted.

(d)  Procedures for handling mail-in ballots that were sent to the voter electronically shall be the same as for other mail-in absentee ballots.

(1)           An absentee ballot that was sent to a voter by facsimile (fax) transmission and was returned by mail will not be counted if the envelope in which the ballot is returned contains the ballot of more than one voter.

(2)           Immediately after a copy of the voted ballot has been faxed to the county board, the voter shall place the original voted ballot in a secure envelope, together with a certificate as provided for in these Rules, and send the documents by air mail or place them in delivery to the county board office.

(3)           All copies of voted ballots received by fax shall be approved, disapproved, processed, and counted, and disputes in connection therewith shall be handled in the same manner as applicable to other absentee ballots.  Transmission problems that result in failure of the faxed ballot to be received by the board will result in the original voted ballot (hard copy) serving as a fail-safe ballot, treated as a regular absentee ballot, that must be received by the deadlines for counting absentee ballots under G.S. 163, Article 21 to be counted.  Original voted ballots will be used as part of the audit process and as part of the election record in any election protest(s).

 

History Note:        Authority G.S. 163-22; 163-257;

Temporary Adoption Eff. April 15, 2002;

Eff. August 1, 2004.