This numbered memo provides guidance regarding new quorum and majority requirements affecting action by county boards of elections under N.C. Session Law 2017-6:
- Three-member majority: Three members now constitute a majority. Until the governor appoints members of the State Board, and the State Board appoints members of the county boards, votes by current county members must be unanimous to take action. If a motion is not supported by three members, the motion fails. It is imperative that members work to achieve compromise where possible.
- Quorum: Three members now constitute a quorum. Until additional board members are appointed, all three current members must be present to hold a meeting.
Two-member boards: Staff is aware of six counties in which a resignation has left only two members now serving. These boards cannot hold a meeting because they cannot make quorum. Counties without three members are directed to follow their usual business practices as to all matters that do not require a direct vote of the board.
If a voter initiates a proceeding, such as a candidacy challenge under Article 11B, county staff should accept the filing and immediately contact legal@ncsbe.gov or (919) 715-9194 for further instruction. In the absence of an appointed county board and an appointed State Board, it may become necessary for challenges and similar adjudicatory proceedings to bypass the administrative process and seek relief from the courts.
↓ Actions Taken by County Boards of Elections: Numbered Memo 2017-02 (PDF)