State Summary
Recounts in North Carolina can be requested subject to specific close vote margins, which are based upon the type of contest and whether the election is conducted by the county board of election or the state board of elections (see Candidate-Initiated Options below). Recounts for races within the jurisdiction of the county board of elections must be requested by no later than 5:00 P.M. on the first business day after the official canvass. Recounts for races within the jurisdiction of the state board of elections must be requested by no later than 12:00 P.M. on the second business day after the official canvass. North Carolina statute does not provide a deadline for the completion of requested recounts. Note that if election officials discover a substantial error while conducting a partial manual recount as part of a requested recount, North Carolina statute requires a full manual recount at taxpayer expense (see the Counting Method and Cost for Candidate-Initiated Recounts sections below). There is no set deadline for completing this recount. Recounts in North Carolina are conducted by a mix of hand count and retabulation.
Counting Method
Mix of hand count and retabulation
"In the first recount conducted by the county board of elections in accordance with N.C. Gen. Stat § 163-182.7, all ballots that were originally counted shall be counted again by machine. All ballots that are rejected for tabulation purposes by the machines shall be recounted by a bi-partisan team of four in accordance with 08 N.C. Admin. Code 09. 0106(d) or duplicated and counted by machine. Ballots accepted by the machines shall not be counted by hand, regardless of whether the ballot is marked, contains overvotes, or is blank." 08 N.C. Admin. Code 09.107.
“The rules promulgated by the State Board of Elections for recounts shall provide that if the initial recount is not hand-to-eye, and if the recount does not reverse the results, the candidate who had originally been entitled to a recount may, within 24 hours of the completion of the first recount, demand a second recount on a hand-to-eye basis in a sample of precincts. If the initial recount was not hand-to-eye and it reversed the results, the candidate who had initially been the winner shall have the same right to ask for a hand-to-eye recount in a sample of precincts. N.C. Gen. Stat. § 163-182.7A.
Initiating Mechanisms
Close vote margin
Candidate-initiated
Election official-initiated
In addition to close vote margin and candidate-initiated recounts, election officials may also request a recount.
Election Official-Initiated Recounts:
"The county board of elections or the State Board of Elections may order a recount when necessary to complete the canvass in an election.” These are referred to as “discretionary recounts.” However, they may not do so if a candidate has already petitioned for a recount and had their petition denied." N.C. Gen. Stat. § 163-182.7(a).
Timing: There are no timing requirements stipulated in the statutes for recounts initiated by election officials.
Close Vote Margin Options
Less than or equal to 1%
Less than or equal to 0.5%
Vote count difference (not percentage-based)
Varies by election contest
Candidate-Initiated Options
Close vote margin required
“In a ballot item within the jurisdiction of the State Board of Elections, a candidate shall have the right to demand a recount of the votes if the difference between the votes for that candidate and the votes for a prevailing candidate are not more than the following: (1) For a nonstatewide ballot item, one percent (1%) of the total votes cast in the ballot item, or in the case of a multiseat ballot item, one percent (1%) of the votes cast for those two candidates. (2) For a statewide ballot item, one-half of one percent (0.5%) of the votes cast in the ballot item, or 10,000 votes, whichever is less.” N.C. Gen. Stat. § 163-182.7(c).
“In a ballot item within the jurisdiction of the county board of elections, a candidate shall have the right to demand a recount of the votes if the difference between the votes for that candidate and the votes for a prevailing candidate is not more than one percent (1%) of the total votes cast in the ballot item, or in the case of a multiseat ballot item not more than one percent (1%) of the votes cast for those two candidates.” N.C. Gen. Stat. § 163-182.7(b).
Timing: For recounts under the jurisdiction of a county board, requests must be received by 5 P.M. on the first business day after the canvass. For recounts under the jurisdiction of the state board, requests must be received by noon the second business day after the canvass. N.C. Gen. Stat. § 163-182.7(b) & (c).
Voter-Initiated Options
Voters in North Carolina are unable to initiate a recount.
Cost for Candidate-Initiated Recounts
No guidance
No statutory guidance provided
Neither the General Statutes nor the Administrative Code describe costs for the recount or establish which party is responsible for covering these costs. However, we have been informed by the State Board of Elections in North Carolina that the general practice is for the election board of the county conducting a recount to pay the cost of the recount. There is no cost to candidates for recounts ordered by the State Board of Elections under the terms of N.C. Gen. Stat. § 163-182.7A(a), which requires a recount when the “results of the hand-to-eye recount differ from the previous results within those [sample] precincts to the extent that extrapolating the amount of the change to the entire jurisdiction…would result in the reversing of the results.”
Cost for Voter-Initiated Recounts
Voters in North Carolina are unable to initiate a recount.
Challengers and Observers
No guidance
N.C. Gen. Stat. § 163-182.7(d)(3) requires the State Board of Elections to develop rules for recounts regarding “the goals of multipartisan participation” and “opportunity for public observation.” However, the rules pertaining to recounts in the North Carolina Administrative Code do not currently contain any mention of observers, partisan ballot challengers, or requirements that the recount be conducted publicly. However, we have been informed by the State Board of Elections that in practice North Carolina recounts have generally had “free access for all interested parties to observing a recount, as long as they do not interfere with the recount operation.”
Note also the instructions on page 5 of Numbered Memo 2016-28, Planning for a Statewide Recount, December 2, 2016: “Any person may attend the recount. This includes the candidates, their representatives or legal counsel, media representatives, and any other interested persons. These persons may observe the counting process, but may not observe individual ballots.”
Rules for Determining Voter Intent
Statutory guidance provided
Secretary of State or Election Board responsible for defining intent
See N.C. Gen. Stat. § 163-182.1(a) for determining voter intent.
Resources
NC State Elections Board Election Law Index - Recounts
North Carolina State Board of Elections
North Carolina Administrative Code: Title 08 - Elections