In North Carolina the State Board of Elections exercises broad emergency powers over elections, including the power to delay or order a new election due to a natural disaster or threat of war.
Note: In response to the dire situation created by Hurricane Helene in Western North Carolina, the State Board of Elections has approved emergency measures to ensure voter access throughout affected counties. So far, those provisions do not appear to affect the overall timing of vote counting or certification processes, though affected counties have been granted the power to reschedule mandatory meetings to begin reviewing absentee ballots.
For more details on these emergency measures, see the SBE September 30 and October 7 press releases. The State Board may continue to enact emergency measures, **see Emergency Powers,* and we will continue to update if such measures affect the vote counting and certification process.*
The State Board of Elections may utilize its emergency powers to conduct an election in a district where a normally scheduled election was disrupted either due to a natural disaster [1], “extremely inclement weather,” [2] or an armed conflict [3] or mobilization of the U.S. armed forces or state National Guard. N.C. Gen. Stat. § 163-27.1(a). The declaration of emergency powers must be made during an open meeting. N.C. Gen. Stat. § 163-27.1(a).
However, there are limitations on the implementation of these powers relating to a new election. The emergency election must not substitute any redistricting plan imposed by a court or enacted by the General Assembly. N.C. Gen. Stat. § 163-27.1(b)(c). Additionally, the State Board may not in any circumstance deliver absentee ballots to any eligible voter who did not make a valid written request for a ballot, mandate the election be conducted entirely by mail voting, or delegate its whole authority relating to ordering or conducting an emergency election to the Executive Director or any other individual. N.C. Gen. Stat. § 163-27.1(d).
To determine whether the “normal schedule” for an election has been disrupted, the Executive Director must consider one or more components of election administration being impaired. 8 N.C.A.C. 1.0106(a). The Executive Director must also take remedial measures that are designed to offset the nature and scope of the disruption to the election. 8 N.C.A.C. 1.0106(c). In doing so, the Executive Director should consider the following factors: