09 .0108 - RECOUNT OF DIRECT RECORD ELECTRONIC VOTING MACHINES

09 .0108. RECOUNT OF DIRECT RECORD ELECTRONIC VOTING MACHINES

(a) In the first recount conducted by the county board of elections in accordance with G.S. 163-182.7, all votes cast on each direct record electronic voting machine shall be retabulated and results provided. The results provided shall be re-read using the team of four rules outlined in Rule .0106(e) of this Section.

(b) When the first recount has been completed, the board of elections shall proceed in accordance with the following in order to determine if a second recount is necessary:

(1) Determine whether the first recount produces a change in the winner;

(A) If the apparent winner after the initial balloting is the apparent loser after the first recount, that candidate shall be entitled to demand a second recount; and

(B) If the apparent winner after the initial balloting remains the apparent winner after the first recount, the county board shall proceed in accordance with Subparagraph (2) of this Paragraph;

(2) Determine whether there is a discrepancy in the machine totals between the initial balloting and the first recount in accordance with the following:

(A) If the unit totals from the initial balloting and the first recount are the same, no second recount is necessary; and

(B) If the unit totals from the initial balloting and the first recount are not the same, the county board shall proceed to the step in Subparagraph (3) of this Paragraph;

(3) Determine if the discrepancy in the unit totals between the initial balloting and the first recount can be explained. Possible acceptable explanations may include problems with the setup of the ballot, problems with the software or other unit malfunction.

(4) Determine if the discrepancy in the machine total between the initial balloting and the first recount can be reconciled in accordance with the following:

(A) If the reconciliation produces the same unit total for the first recount as the unit total in the initial balloting, no second recount is necessary; and

(B) If the reconciliation produces a different unit total for the first recount than the unit total in the initial balloting, the losing candidate is entitled to demand a second recount by the county board of elections.

(c) The second recount shall be a manual recount, by hand-to-eye, unless, due to a voting machine error, no second recount is possible.

(Authority G.S. 163-22; 163-182.7; Temporary Adoption Eff. April 15, 2002; Eff. August 1, 2004. Readopted by North Carolina Register Volume 34, Issue 01, July 1, 2019 effective June 1, 2019.)

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