subchapter 34c - crematories
section .0100 – general provisions
21 NCAC 34C .0101 ELECTION TO CREMATORY AUTHORITY
(a) Definitions. As used in this Rule:
(1) "Crematory operator" shall have
the same meaning as the term "crematory licensee" defined in G.S.
(2) "Return official envelope" shall
mean the envelope in which the crematory operator places a completed ballot for
election to the Crematory Authority to return to the Board.
(3) "Seat subject to election" means
the seat held by a member of the Crematory Authority whose term expires
December 31 of the calendar year in which the election is held.
(b) The nomination and election of members of
the Crematory Authority shall be conducted as follows:
(1) Every crematory operator with a current North Carolina license shall be eligible to vote. The list of crematory operators with a
current North Carolina license at the time ballots are prescribed shall
constitute the registration list for elections. The Board shall keep an
official list of all crematory operators in its office. The Board shall post a
list of crematory operators indicating whether a return official envelope has
been returned during each election.
(2) Nomination of candidates for election shall
be made to the Board by a written petition pursuant to 21 NCAC 34A .0103.
Petitions for nomination must be filed with the Board between July 1 and August
1 of the calendar year preceding the expiration of the term of the seat subject
to election. Any candidate who is nominated may withdraw his or her name after
filing written notice with the Board prior to the closing of the polls in any
(3) The following procedures shall apply to
ballots for election to the Crematory Authority:
(A) The Board shall prescribe ballots and determine the
time allowed for voting at its first meeting after nominations have closed.
The ballots shall contain a listing of the nominees in alphabetical order;
instructions for voting; a method of identification; and other information the
Board deems necessary as required by law.
(B) At the same meeting where ballots are prescribed,
the Board shall designate a day for ballots to be mailed; a deadline for the
latest day and time for ballots to be returned; and the day and hour when
ballots will be canvassed and counted. The Board shall set the deadline for
ballots to be returned to be at least 10 days after the time ballots are
(C) The Board shall mail to each crematory operator a
ballot; a return official envelope; a notice designating the latest day and
hour for ballots to be received by the Board; a notice of when ballots will be
canvassed and counted; and other information the Board deems necessary as
required by law. The return official envelope shall be addressed to the Board;
shall bear a serial number; and shall have printed on the left portion of its
face the following:
"Serial No. of Envelope ______________________________________
Signature of Voter ______________________________________
Address of Voter ______________________________________
(Note: The enclosed ballot is not valid unless the signature of
the voter is on this envelope)."
(4) Ballots shall be canvassed publicly at the
designated day and hour. Any eligible voter may be present. No ballot shall be
canvassed unless it has been delivered in a sealed return official envelope to
the Board by hand or by U.S. mail before the latest day and hour designated by
the ballot for receipt.
(5) Ballots shall be counted as follows:
(A) All return official envelopes shall be displayed to
the persons present. Any person present may challenge the qualification of the
voter whose signature appears on the return official envelope or the validity
of the return official envelope. Any challenged return official envelope shall
be set aside, and the Board may hear the challenge either immediately or after
all unchallenged ballots have been counted.
(B) After all return official envelopes have been
displayed, the Board shall open all unchallenged return official envelopes,
extract the ballot without showing its marking as much as possible, and
separate each ballot from its return official envelope.
(C) After all ballots have been separated, the Board
shall display all ballots. No ballot shall be valid if it is marked for more
nominees than there are positions to be filled in that election; \provided that
no ballot shall be rejected for any technical error unless it is impossible to
determine the voter's choice or choices from the ballot. Any person present
may challenge the validity of the ballot only on the grounds of defects
appearing on the face of the ballot. The Board may hear the challenge either
immediately or after all unchallenged ballots have been counted.
(D) After all ballots have been displayed, all
unchallenged ballots shall be counted, and all remaining challenges shall be
resolved by the Board. The Board shall count the number of votes cast for each
candidate and the total number of votes cast. If a candidate dies or withdraws
his or her nomination before polls are closed in any election, he or she shall
be eliminated from the contest, and any votes cast for him or her shall be
disregarded and shall not count toward the total number of votes cast.
(6) The following procedures shall apply to
fill all seats subject to election:
(A) To determine a majority of votes cast when there is
one seat subject to election, the total number of votes cast for all candidates
shall be divided by two, and any candidate receiving a number of votes
exceeding one half of the total number of votes cast shall be deemed to have
received a majority of votes cast and shall be deemed elected. If no candidate
receives a majority of votes cast, the candidate receiving the highest vote
total shall be deemed elected.
(B) To determine the majority of votes cast when there
are two seats subject to election, the total number of votes cast for all
candidates shall be divided by four, and any candidate receiving a number of
votes exceeding this sum shall be deemed to have received a majority of votes
cast. Any candidate receiving a majority of votes cast shall be deemed
elected, but if more than two candidates receive a majority of votes cast, the
candidates receiving the two highest vote totals shall be deemed elected. If
no candidate receives a majority of votes cast, the candidate receiving the
highest vote total shall be deemed elected. If one candidate has been deemed
elected but one seat remains vacant because no other candidate received a
majority of votes cast, the candidate receiving the highest vote total among
candidates who did not receive a majority of votes cast shall be deemed
(C) In any election where a candidate was deemed elected
but failed to receive a majority of votes cast, the candidate who received the
next highest vote total but was not elected may file a written petition
requesting a second election within ten days after the first election. The
second election shall be between the petitioner and the candidate who was
deemed elected but did not receive a majority of votes cast. The procedures in
paragraphs (b)(1) through (6) of this Rule shall apply to the second election
except where inconsistent with this subparagraph. The candidate receiving the
majority of votes cast in the second election shall be deemed elected.
(D) If there is a tie vote between candidates in any
election, the tie shall be resolved by a vote of the Board. If there is a tie
after a vote of the Board, the President of the Board may break the tie.
(E) If, after nominations have closed, there is only
one candidate for each seat subject to election, the Board shall declare the
candidate or candidates elected without holding an election. If, after
nominations have closed, there is no candidate for a seat subject to election
or if a candidate receiving a majority of votes cast dies or withdraws after
the election but before taking office, the Board shall fill the position by
(7) Each new member shall take office on the
first day of his or her term unless the election to the Crematory Authority has
not completed by the beginning of the term, in which case the new member shall
take office immediately after the election has been completed.
(8) If a member of the Board is nominated for
election to the Crematory Authority and does not withdraw his or her name, he
or she shall be disqualified from all matters pertaining to that election, and
the remaining members of the Board shall proceed without his or her
(9) The Board shall keep the voting records
required by 21 NCAC 34A .0104 for a period of six months following the
History Note: Authority G.S. 90-210.122(c);
Eff. July 1, 1991;
Amended Eff. July 1, 2004;
Temporary Amendment Eff. June 30, 2005;
Amended Eff. April 1, 2006.