In North Carolina, the County or State Boards of Elections must order a recount if the difference between the first and second candidate in a race is within statutory margins and the losing candidate submits a request. N.C. Gen. Stat. § 163-182.7(b). Additionally, both the County and State Boards of Elections have the power to order a discretionary recount for races that are within their jurisdiction “when necessary to complete the canvass.” N.C. Gen. Stat. § 163-182.7(a).
These recounts may go through multiple rounds depending how the first recount is conducted, the margins at each step, and whether the losing candidate makes a follow-up request. N.C. Gen. Stat. § 163-182.7A(a). The first recount is generally conducted by machine, followed by a sample hand-to-eye recount when requested, and in limited cases — where margins dictate — a third full hand-to-eye recount may be conducted. N.C. Gen. Stat. § 163-182.7A(a).
The State Board of Elections is responsible for setting rules for how recounts are conducted, as well as having general rule-making power. N.C. Gen. Stat. § 163-182.7(d); § 163-22(a). By statute, these rules must include 1) details on when recounts are done by machine vs. when they are conducted as hand-to-eye recounts, 2) guidance on determining voter choice, and 3) guidance on how “multipartisan participation, opportunity for public observation, and good order shall be balanced.” N.C. Gen. Stat. § 163-182.7(d); see 08 NCAC 09.0106-0107; 09.0.109.
The State Board of Elections also sometimes uses its temporary rule-making powers in order to get rules into effect quickly when needed. “Rulemaking.” **Additionally, the Executive Director also issues guidance on recounts via numbered memos. These are generally issued in anticipation of a specific recount. See “Numbered Memos.”
For most races, a candidate has a right to demand a recount when the margin between them and the “prevailing candidate” is less than or equal to 1%. N.C. Gen. Stat. §§ 163-182.7(b), (c)(1). For statewide candidates, however, the margin must be within 0.5% or 10,000 votes, whichever is less. N.C. Gen. Stat. § 163-182.7(c)(2).
Both the County and State Board of Elections also have discretionary power to order a recount at any threshold if needed in order to complete canvass. N.C. Gen. Stat. § 163-182.7(a). However, the County Board of Elections may not order a recount where the State Board has already denied one. N.C. Gen. Stat. § 163-182.7(a).
Recount demands must be made in writing to the appropriate State or County Board of Elections. The deadline for that recount demand to be received depends on whether the ballot item is within the jurisdiction of the County or State Board of Elections. N.C. Gen. Stat. §§ 163-182.7(b), (c).
For races within the margin discussed above, where the candidate has a mandatory right to demand a recount, the following deadlines apply:
Temporary regulations adopted on July 16, 2024 and effective as of August 1, 20204, require that first recounts must be scheduled to begin within three days after the demand for a recount is received or within three days from when the decision is made if it is a discretionary recount. *08 NCAC 09.0107 (temporary);* “State Board Meeting Video (July 16, 2024)” at 10:15-11:20. Another temporary regulation adopted at the same time requires that a second or hand-to-eye recount must begin within two business days of the demand for this recount. 08 NCAC 09.0110 (temporary).
All recounts must be conducted with either a quorum or a bipartisan team of two members of the County Board of Elections present. 08 NCAC 09.0106(h); Numbered Memo 2020-31, 11/16/2020 at 3; Numbered Memo 2020-32, 12/04/2020 at 3. Any time there must be a determination of voter intent made, then a full quorum is required and at least one member from each major party must be present. 08 NCAC 09.0106(h).
All recounts are open to the public, including candidates, for observation. Numbered Memo 2020-31, 11/16/2020 at 3; Numbered Memo 2020-32, 12/04/2020 at 3. See Observers for more details.