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
vote;
(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
for;
(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
ballot.
History Note: Authority G.S. 163-22; 163-165.7;
Temporary Adoption Eff. April 15, 2002;
Eff. August 1, 2004.