Questions for County Coordinators To BOE
Submitted by Lynn Bernstein https://www.transparentelectionsnc.org/
NC General Statutes
§ 163-182.2. Initial counting of official ballots.
(a) The initial counting of official ballots shall be conducted according to the following principles:
(1) Vote counting at the precinct shall occur immediately after the polls close and shall be continuous until completed.
(2) Vote counting at the precinct shall be conducted with the participation of precinct officials of all political parties then present. Vote counting at the county board of elections shall be conducted in the presence or under the supervision of board members of all political parties then present.
(3) Any member of the public wishing to witness the vote count at any level shall be allowed to do so. No witness shall interfere with the orderly counting of the official ballots. Witnesses shall not participate in the official counting of official ballots.
OPENING OF THE PRECINCT POLLING LOCATION:
NC Administrative Code
08 NCAC 04 .0304
Prior to the opening of the polls, the precinct officials shall open the voting system and examine the ballot for accuracy and examine the counters or other method to determine there is a zero balance. Any persons interested in viewing this procedure may observe but shall not interfere or impede the process.
NC Administrative Code
08 NCAC 10B .0105
(h) The counting of the ballots shall be made in the presence of the precinct election officials and witnesses and observers who are present and desire to observe the count.
(i) As soon as the votes have been counted and the precinct returns certified, the chief judge, or one of the judges selected by the chief judge, shall do the following:
(1) report the total precinct vote for each ballot item to the witnesses and observers who are present.
08 NCAC 06B .0105
(d) When the counting is completed the chief judge or his or her designee shall verbally announce the results at the precinct.
STEPPS Manual: Ballot Counting
7. Any member of the public wishing to witness the vote count at any level shall be allowed to do so. No witness shall interfere with the orderly counting of the official ballots. Witnesses shall not participate in the official counting of official ballots. The precinct facility should not be locked so as to prevent public access to the count.
Questions for County Coordinators:
Since no voters are present in the voting enclosure before the polls open and no voted ballots would be in open sight, I do not believe that there are NC legal restrictions on photography/videography during these publicly observable processes. Please confirm this.
Will members of the public be allowed to enter the voting enclosure prior to the bootup of the scanners/tabulators in order to witness that there are no ballots in the bin or emergency bin.
Will members of the public be allowed to view and video-record the zero tape. [using an app made specifically for that purpose]
Since no voters are present in the voting enclosure after the polls open and after the chief judge securely stores the voted ballots, I do not believe that there are NC legal restrictions on photography/videography during these publicly observable processes. Please confirm this.
Will members of the public be allowed to enter the voting enclosure after the polls close on election night to witness the shut-down (tabulation) of the scanner/tabulator.
Will members of the public be allowed to enter the voting enclosure after the polls close on election night to witness the shut-down (tabulation) of the scanner/tabulator.
Will members of the public be allowed to enter the voting enclosure after the polls close on election night to take video-recording of the poll tapes with zero tapes attached.
The public may enter after the last voter has placed their ballot into the scanner/tabulator and the chief judge announces that the polls are closed. Since no voters are present in the voting enclosure at either time and no voted ballots would be in open sight at either time, I do not believe that there are NC legal restrictions on photography/videography during these publicly observable processes.
