By statute, canvass is defined as “the entire process of determining that the votes have been counted and tabulated correctly, culminating in the authentication of the official election results.” N.C. Gen. Stat. § 163-182.5(a). In canvassing the vote, the respective Boards of Elections, and particularly the County Boards of Elections, have more discretion in how they review ballots compared to other states where canvassing is more of a perfunctory task. This is in part, as discussed below, because the canvass includes a number of tasks that are separate, discrete tasks in other states.
“Canvassing and certifying election results is the way, under North Carolina law, that county boards count and report the votes of their county’s voters.” *Numbered Memo 2023-04, 10/12/2023* at 26. The term canvass can refer to a number of steps that the County Board of Elections takes to fulfill this duty. The State Board of Elections refers to all of the following as part of the canvass: reconciliation (discussed below), the counting of early vote ballots and absentee ballots (see Tabulation), hearing absentee ballot challenges (see Voter Challenges + Challenged Ballots), counting write-in votes, and counting provisional ballots (see Provisional Ballot Processing). *Numbered Memo 2023-04, 10/12/2023* at 17-25. Some counties refer to these meetings as pre-canvass meetings or post-election meetings. The final canvass meeting is also referred to — by the State Board of Elections, statute, and by County Boards of Elections — as the canvass.
A major task during the canvass is reconciliation. Numbered Memo 2023-04, 10/12/2023 at 17. Reconciliation is the comparison of data between ballots cast and inventories of voting supplies (the State Board of Elections lists ballots and data storage cards as examples). Numbered Memo 2023-04, 10/12/2023 at 17. This process begins during tabulation but is continued all the way through to the canvass and final certification. Numbered Memo 2023-04, 10/12/2023 at 17. Reconciliations that occur during tabulation are reviewed by the County Board of Elections during the canvass. Numbered Memo 2023-04, 10/12/2023 at 18.
By law the canvass must take place at 11 a.m. on the 10th day after Election Day. N.C. Gen. Stat. § 163-182.5(b). However, if the tabulation of votes is not complete by then, “the county board may hold the canvass meeting at a reasonable time thereafter.” N.C. Gen. Stat. § 163-182.5(b). Note, that this extension only applies if the tabulation is delayed despite the “due diligence” of election officials. N.C. Gen. Stat. § 163-182.5(b).
The canvass can also be delayed if there is an ongoing election protest that is related to tabulation, and only the contest in dispute can be delayed. N.C. Gen. Stat. § 163-182.10(a)(2). (See Protests + Contests). If the canvass is delayed because of a protest, this delay can not be more than three days without approval by the State Board of Elections. N.C. Gen. Stat. § 163-182.10(a)(2).
The canvass takes place during a meeting of the County Board of Elections and typically takes place in the County Board of Elections Office. However, it can be moved to a different location by unanimous vote. N.C. Gen. Stat. § 163-182.5(b). All members of the County Board of Elections must attend the canvass. N.C. Gen. Stat. § 163-89(e); Numbered Memo 2023-04, 10/12/2023 at 17. A quorum of County Board members is required to attend in person, but the rest are allowed to attend remotely so long as they have the ability to view all of the materials that the County Board is examining. Numbered Memo 2022-08, 08/17/2022 at 3.
The canvass must be open to the public for observation. Numbered Memo 2023-04, 10/12/2023 at 17. However, neither the public nor the media may interfere with the election officials conducting the canvass. Numbered Memo 2023-04, 10/12/2023 at 17. The State Board of Elections instructs County Boards of Elections to remind observers that state law prohibits photography or filming of a voted ballot. Numbered Memo 2023-04, 10/12/2023 at 17.
During the meeting in which the canvass takes place, the County Board of Elections examines the returns from each precinct, the absentee official ballots, the sample hand-to-eye paper ballot counts, and the provisional official ballots. [1] N.C. Gen. Stat. § 163-182.5(b). They hear reports from election officials, make final tabulation decisions, and adjust the vote totals accordingly. “Board of Election Minutes (November 18, 2022).” At the conclusion of the canvass a motion is made to approve the final canvass (referring to the final vote totals), seconded, and then a majority vote is held to approve the canvass. “Board of Election Minutes (November 18, 2022).”
The abstract of the vote totals that have been approved at the conclusion of the canvass meeting by majority vote is then signed by the County Board of Elections. Numbered Memo 2023-04, 10/12/2023 at 26. ****See also “Board of Election Minutes (November 18, 2022)” (where only County Board of Elections officials who voted in favor of approving the canvass signed the abstract). The county retains one original copy of the abstract, sends one to the Clerk of the Superior Court in the county, and sends one to the State Board of Elections. N.C. Gen. Stat. § 163-182.6(a). This abstract is how elections are certified by the County Board of Elections. Numbered Memo 2023-04, 10/12/2023 at 26.
The County Board of Elections must issue a certificate of election six days after the results are certified, unless there is an ongoing protest. Numbered Memo 2023-04, 10/12/2023 at 26.
The State Board of Elections is responsible for canvassing all statewide races, judicial races, and races spanning more than one county. “State Board Unanimously Certifies.”