Recount laws in North Carolina

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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.


Note: The content below describes recount procedures in North Carolina. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in North Carolina.[1]

  • Does state law require automatic recounts?
    • Yes, if election officials discover a substantial error while conducting a random-sample partial recount as part of a requested recount. The specific circumstances can be found below.
  • When must an automatic recount be completed?
    • No set deadline.
  • Can a recount be requested?
    • Yes, in the event of specific close vote margins, described below. The deadline to request a recount for offices governed by the state board of elections is no later than 12:00 p.m. on the second business day after the canvass. For races governed by a county board of elections, the deadline is no later than 5:00 p.m. on the first business day after the canvass. There is no deadline for completion.
  • Who pays for a requested recount?
    • There is no mention in state law, but the general practice is that the state covers the cost of a requested recount.[2]
  • Is a refund available for requested recount costs?
    • Not applicable. The state covers the cost of requested recounts.
  • Can a partial recount be requested?
    • No.

North Carolina recount procedures

Automatic recount procedures

If an initial requested recount was not conducted manually and did not change the election outcome, the requester may ask for a second manual recount. If it changed the election outcome, the initial winning candidate may do the same. This second, manual recount is a partial recount conducted using a random sample of precincts. If during the course of this partial recount, a difference in results is found that, if extrapolated across the jurisdiction, would change the election outcome, then an automatic manual recount is required for the entire jurisdiction in which the election was held paid for by the state.[3]

Requested recount procedures

North Carolina allows candidates to request a recount under the following circumstances:[4]

  • Races governed by a county board of elections:
    • Single-seat elections: if the difference between the votes for the requester and the winning candidate is less than or equal to 1% of the total votes cast in the election.
    • Multi-seat elections: if the difference is less than or equal to 1% of the votes cast for the two winning candidates.
    • The deadline to request such recounts is no later than 5:00 p.m. on the first business day after the canvass.
  • Races governed by the state board of elections:
    • Statewide elections: if the difference between the votes for the requester and the winning candidate is less than or equal to 10,000 votes or 0.5% of the votes cast, whichever is less.
    • Non-statewide elections: if the difference is less than or equal to 1% of the votes cast for single-seat elections or 1% of the votes for the two winning candidates for multi-seat elections.
    • The deadline to request such recounts is no later than 12:00 p.m on the second business day after the canvass.

State law does not specify who is responsible for costs associated with a requested recount, but the North Carolina State Board of Elections has indicated the general practice is that the state covers such costs.[5] State law does not specify a set deadline for the completion of requested recounts.

For more information about recount procedures in North Carolina, click here.

North Carolina voting equipment

See also: Voting methods and equipment by state

North Carolina uses paper and Direct Recording Electronic (DRE) ballot systems for its elections. The state requires a voter-verified paper audit trail (VVPAT) when conducting elections. According to the National Academy of Sciences, a voter-verified paper audit trail "consists of physical paper records of voter ballots as voters have cast them on an electronic voting system. In the event that an election recount or audit is called for, the VVPAT provides a supporting record."[6][7]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.


See also

Footnotes

  1. ↑ North Carolina State Legislature, "163-182.7,182.7A," accessed October 16, 2020
  2. ↑ Center for Election Integrity Minnesota, "North Carolina," accessed Oct. 16, 2020
  3. ↑ North Carolina State Legislature, "163-182.7A," accessed Oct. 20, 2020
  4. ↑ North Carolina State Legislature, "163-182.7," accessed Oct. 20, 2020
  5. ↑ Center for Election Integrity Minnesota, "North Carolina Recount Law," accessed Oct. 20, 2020
  6. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed October 7, 2015
  7. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  8. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  9. ↑ A court may order a recount under Arizona law.
  10. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  11. ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  12. ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  13. ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  14. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  15. ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  16. ↑ No mention in state law.
  17. ↑ No mention in state law.
  18. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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