section .0300 – approval and operation of voting systems

Link to law: 08 - elections/chapter 04 - voting equipment/08 ncac 04 .0301.html
Published: 2015

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section .0300 – approval and operation of voting systems


08 ncac 04 .0301             REQUIREMENTS OF VOTING SYSTEMS

Any voting system used in any election in North Carolina

shall be constructed to fulfill the following requirements:

(1)           It shall be designed to reasonably secure secrecy

of the voter in the act of voting;

(2)           It shall enable the voter to vote a straight party

ticket in a general election;

(3)           It shall require the voter to vote for the

candidates for president and vice-president separately from the straight party


(4)           It shall provide capacity for listing of all

nominees of all recognized political parties and other lawful candidates;

(5)           It shall, except in primary elections, permit the

voter to vote for all the candidates of one party, or in part for the

candidates of one or more other parties;

(6)           It shall permit the voter to vote for only as many

persons for an office as the voter chooses and is lawfully entitled to vote


(7)           It shall prevent the voter from voting for the same

persons more than once for the same office;

(8)           It shall permit the voter to vote for or against

only the question(s) the voter may have the right to vote;

(9)           It shall permit each voter in a general election

but not in a primary, to write in the name of persons for whom he desires to

vote, whose names do not appear upon the ballot, except where prohibited by

G.S. 163-123 or other statutes;

(10)         It shall be equipped for use in primary elections so

that the voter may vote only in the primary election to which the voter is

entitled to vote;

(11)         When properly operated, it shall correctly register

or record, and accurately count all votes cast for all ballot items;

(12)         It shall contain a visible public counter that shall

show at all times during an election the number of persons who have voted;

(13)         It shall clearly indicate to the voter during the

act of voting the ballot items the voter has selected;

(14)         Vote totals for each ballot item shall be contained

by a method that is locked and concealed at all times during the time the polls

are open;

(15)         It shall meet current Federal Voting System

Standards or other applicable Federal Standards;

(16)         It shall be suitably designed and durably

constructed for the conduct of elections; and

(17)         It shall be equipped to provide retrievable ballots

during absentee voting where an absentee voter's ballot is linked to that voter

for possible retrieval if it becomes necessary to take action as to that cast



History Note:        Authority G.S. 163-22; 163-165.7;

Temporary Adoption Eff. April 15, 2002;

Eff. August 1, 2004.