Executive Orders

N.C. Gen. Stat. § 163-27.1 authorizes the executive director of the State Board of Elections to exercise emergency powers to conduct an election where the normal schedule is disrupted by:

1. A natural disaster.
2. Extremely inclement weather.
3. An armed conflict involving Armed Forces of the United States, or mobilization of those forces, including North Carolina National Guard and reserve components of the Armed Forces of the United States.

Rule 08 NCAC 01. 0106 further defines the types of circumstances under which the executive director can exercise emergency powers. They are:

1. A natural disaster or extremely inclement weather including a hurricane, tornado, storm or snowstorm, flood, tidal wave or tsunami, earthquake or volcanic eruption, landslide or mudslide, or a catastrophe arising from natural causes resulted in a disaster declaration by the President of the United States or the governor.
2. An armed conflict includes mobilization, predeployment, or deployment of active or reserve members of the United States armed forces or National Guard during a national emergency or time of war.

The executive director must ensure that remedial measures are calculated to offset the nature and scope of the disruption(s). In doing so, the executive director must consider the following factors:

1. Geographic scope of disruption;
2. Effects on contests spanning affected and non-affected areas;
3. Length of forewarning and foreseeability of disruption;
4. Availability of alternative registration or voting opportunities;
5. Duration of disruption;
6. Displacement of voters or election workers;
7. Access to secure voting locations;
8. Sufficiency of time remaining for the General Assembly and the governor to adopt emergency legislation addressing the disruption;
9. Detrimental effects on election integrity and ballot security; and
10. Aggregate effects on important federal and state certification deadlines.

The chart below includes recent orders of the executive director issued pursuant to her emergency powers authority: