In North Carolina, several audits are conducted after Election Day and before certification to confirm the accuracy of vote counts and the integrity of election processes. Counties are statutorily required to conduct a sample hand count of paper ballots shortly after Election Day. Additionally, the State Board of Elections ensures that additional audits, such as the Vote History Audit, Provisional Audit, and Close Contest Audit are carried out and included in the post-Election Audit Report.
Every county is required to conduct a sample hand count of paper ballots to ensure voting equipment reads the voters’ choices accurately. N.C. Gen. Stat. § 163-182.1(b)(1). This sample audit compares the machine counts with “hand-to-eye” counts conducted by election officials in randomly selected voting sites. N.C. Gen. Stat. § 163-182.1(b)(1).
The State Board of Elections (NCSBE) issues guidance relating to audit procedures. “Post-Election Procedures and Audits.”
The State Board of Elections randomly selects sample ballots for two races to be included in the hand count audit for each county. “Post-Election Procedures and Audits.” During a presidential election year, the presidential race is always included in the sampling. N.C. Gen. Stat. § 163-182.1(b)(1). Typically, a statewide ballot race is also included in the sampling. However, if there is none for the election, the State Board of Elections must provide a process for selecting district or local ballot items to adequately sample the electorate. N.C. Gen. Stat. § 163-182.1(b)(1).
In an open meeting, the State Board sets the procedures for the random selection of the precincts to be included in the hand count audit. N.C. Gen. Stat. § 163-182.1(b)(1). The random sample chosen by the State Board of Elections must be composed of one or more full precincts, full counts of mailed absentee ballots, full counts of one or more one-stop early voting sites, or a combination. N.C. Gen. Stat. § 163-182.1(b)(1). The size of the sample of each category is chosen to produce a statistically significant result and is chosen after consultation with a statistician. N.C. Gen. Stat. § 163-182.1(b)(1).
There is no date specified for when the hand count audit must commence. However, the random sampling of precincts for any county must be publicly completed after the initial count of election returns for that county are released or 24 hours after the close of polls on Election Day, whichever is first. N.C. Gen. Stat. § 163-182.1(b)(1). The hand count audit must be completed before each county certifies its election results. “Post-Election Procedures and Audits.”
The hand count audit is conducted by a bipartisan team of trained volunteers at each County Board of Elections. “Post-Election Procedures and Audits.” The team compares the hand-to-eye results with the original electronic or mechanical count. The team will note any differences between the two. “Post-Election Procedures and Audits.” Each county's hand count audit must be open to the public. “Post-Election Procedures and Audits.”
If there is a difference in results between the original count and the hand-to-eye count, the hand-to-eye count will control except in circumstances where paper ballots have been lost or destroyed or there is another reason based in fact to conclude that the hand-to-eye count is not accurate. N.C. Gen. Stat. § 163-182.1(b)(1). If the discrepancy between the original county and the hand-to-eye count is significant, then a complete hand recount of ballots must be conducted. See Recounts. “Significant” indicates a “difference that cannot be explained.” Numbered Memo 2019-07 at 4.
Additionally, similar to the recount process, any ballots found during the hand count audit which potentially show an overvote or undervote will be adjudicated by the County Board of Elections at the conclusion of the team’s count. 8 N.C.A.C. 9.0109.
The county sends the explanatory information noted by the bipartisan team, along with the machine and hand-to-eye count results, to the State Board of Elections. “Post-Election Procedures and Audits.” The State Board of Elections will then report the results and findings as part of the final certification of elections. “Post-Election Procedures and Audits.”