North Carolina has two distinct procedures for vote tabulation. One procedure is for absentee ballots, which are tabulated through absentee ballot meetings. The other is for in-person ballots — both early and Election Day — which are tabulated at the polling location.
In North Carolina, absentee ballot processing centers around absentee ballot meetings, where the County Boards of Elections formally reviews and pre-processes absentee ballots. These meetings occur every Tuesday, starting with the ***fifth Tuesday before Election Day. *Numbered Memo 2020-25 at 1. In 2023, new legislation was passed to disallow ballots returned after Election Day. “Absentee Voting.” Absentee ballots must be received by the County Board of Elections by 7:30 p.m. on Election Day. “Instructions to Vote By Mail.”
Absentee ballots can be returned by mail or dropped off in person at a voting site or at the County Board of Elections office. *Numbered Memo 2020-23* at 1. Regardless of location, when an absentee ballot is received, a County Board staff member reviews the ballot envelope and voter ID. *Numbered Memo 2020-23* at 1–2. This review can happen later if the volume of ballots received is high. *Numbered Memo 2020-23* at 2.
In addition to reviewing the ballot, staff members will keep a written log of the ballot on a form provided by the State Board of Elections. *Numbered Memo 2020-23* at 3. The log contains information about the voter, the person dropping off the ballot, and a date and time stamp. 08 N.C. Admin. Code § 18.0102. “County boards must also conduct regular reconciliation practices between the log and the absentee ballots.” *Numbered Memo 2020-23* at 3. All absentee ballots are then placed in a separate, secure container. *Numbered Memo 2020-23* at 3.
The County Board of Elections will meet to conduct an absentee ballot meeting. This meeting is to review and determine whether to approve or disapprove an absentee ballot for counting. N.C. Gen. Stat § 163-230.1(f); Numbered Memo 2020-23 at 1.
The absentee ballot meeting occurs every Tuesday, starting on the fifth Tuesday before Election Day (this year, October 1) and ending when all absentee ballots have been received and processed by the County Board of Elections, which receives no new absentee ballots. *Numbered Memo 2020-25* at 1. The final meeting occurs on Election Day, and is discussed in more detail below. (See Election Day Processing and Counting of Absentee Ballots). Counties are free to change the time of the meeting or add additional meetings but must publish notice of meetings in a county newspaper at least 30 days before the election. *Numbered Memo 2020-25* at 1. However, counties may not conduct a meeting before that fifth Tuesday before Election Day. *Numbered Memo 2020-25* at 1. A meeting must be held if an absentee ballot has been received since the previous meeting, but may be cancelled if no absentee ballots have been received. *Numbered Memo 2020-25* at 1. The County Board of Elections may recess and finish an absentee ballot meeting on another day if it is not possible to complete their review in one day. *Numbered Memo 2020-25* at 2. Notice must be given as soon as possible for such a recess. *Numbered Memo 2020-25* at 2. These meetings must be open to the public. *Numbered Memo 2020-25* at 2.
At least three members of the County Board of Elections must be physically present at an absentee ballot meeting. *Numbered Memo 2020-25* at 2. Board members who are not physically present but joining remotely must be able to view all the materials that members are reviewing in person. *Numbered Memo 2020-25* at 2.
In order to accommodate the public, County Boards of Elections are urged to consider the size of the meeting space or streaming possibilities when determining where to hold the absentee ballot meeting. *Numbered Memo 2020-25* at 3*.* Confidential information, including voted ballots and personal identification of voters, must be protected from the view of the public. *Numbered Memo 2020-25* at 3.
By a majority vote of the County Board of Elections, certain preparatory work for an absentee ballot meeting can be delegated to the Election Director or to staff, in order to expedite the meetings. *Numbered Memo 2020-25* at 5. This preparatory work includes inspecting envelopes for errors and contacting voters to fix their errors, sorting ballots into categories for the County Board of Elections, cross-checking the list of ballots received with the absentee pollbook, and duplicating ballots. *Numbered Memo 2020-25* at 5–6. The ballots can be sorted into categories such as recommended for approval, recommended for disapproval, or guidance needed. *Numbered Memo 2020-25* at 7. At the absentee ballot meeting the County Board of Elections may accept recommendations for approval by majority vote, but must spot-check the work of the staff. *Numbered Memo 2020-25* at 7. All ballots recommended for disapproval or ballots that need additional guidance must be individually reviewed by the County Board of Elections. *Numbered Memo 2020-25* at 7.
As an alternative to delegating this preparatory review, the County Board of Elections may choose to review absentee ballots themselves in bipartisan pairs. *Numbered Memo 2020-25* at 7.
All decisions made at an absentee ballot meeting are by majority vote with the exception of disapproving a ballot based on its voter’s ID Photo Exception Form (which must be decided unanimously). *Numbered Memo 2020-25* at 7–8.
Absentee ballots may be scanned before Election Day. N.C. Gen. Stat § 163-234(3). Scanning “is a preparatory step that occurs when the approved absentee ballots are opened, removed from the envelope, and inserted into the tabulator.” *Numbered Memo 2020-25* at 9. When the ballot is put through the tabulator, the result is not printed, but this allows the results to be printed immediately on Election Day when the polls are closed. *Numbered Memo 2020-25* at 9.
Scanning can occur whenever the County Board of Elections decides based on majority vote, but the State Board of Elections highly recommends not waiting until Election Day to scan them. *Numbered Memo 2020-25* at 9. Scanning must occur at a board meeting. *Numbered Memo 2020-25* at 10. In order for scanning to occur, a majority of the County Board of Elections must be present, including members of each party. *Numbered Memo 2020-25* at 9. If members from both parties are not there, then a member from the missing party’s county executive committee can be present and sign as a witness. *Numbered Memo 2020-25* at 9. While staff members are allowed to conduct the scanning, the County Board members must be “responsible for and observe and supervise the opening and tallying of the ballots.” N.C. Gen. Stat § 163-234(5). Results of the count of absentee ballots cannot be announced until after polls close on Election Day. N.C. Gen. Stat § 163-234(2).
All Uniformed and Overseas Citizens Absentee Voting Act ballots and any damaged ballots that cannot be read by the tabulation machine must be duplicated so that they can be read by the machine. *Numbered Memo 2020-25* at 11. Ballot duplication can occur outside of an absentee ballot meeting but only if the County Board of Elections adopts a policy that ensures that certain procedures are followed. *Numbered Memo 2020-25* at 11. These procedures include: requiring a bipartisan team of at least three staff members to work on duplication (with no more than two members of the same party on any team), requiring the Election Director to train and assign roles to the members of each team, maintaining a log of all members on each team and every time they work on duplication, and maintaining logs and proper storage of ballots. *Numbered Memo 2020-25* at 12. The State Board of Elections recommends that County Boards of Elections conduct ballot duplication at absentee ballot meetings to reduce mistakes. *Numbered Memo 2020-25* at 12.