No election ends on Election Day. This is by design — by state and federal law — to ensure that election results are accurate and that all ballots cast lawfully by eligible voters are counted.
The State Board and all 100 county boards of elections still have work to do, more ballots to count, and potentially, ballots cast by ineligible voters to remove from the count.
The results on Election Day are unofficial, and there will still be changes to the count in various contests across the state over the next 10 days, leading up to the county canvass on November 13. Contests may also go through a recount process as part of the canvass or afterwards.
Citizens are encouraged to be engaged in monitoring and observing these important processes, which are conducted by county boards in meetings open to the public.
So, what can voters expect in the coming days?
More ballots will be counted. The following ballots still must be counted and may result in votes being added to the count:
- Provisional Ballots: In each county, provisional ballots will be counted by Tuesday, November 10. County boards must research all provisional ballots to determine voter eligibility and count the ballots of eligible voters. These include ballots cast by voters who didn’t show an acceptable photo ID at the polls and either returned after voting to show their ID to their county board of elections or completed a Photo ID Exception Form. Provisional ballots also include ballots cast by Registration Repair voters and voters who vote in the wrong precinct or who otherwise do not appear in the official pollbook at their voting site. County boards of elections will add any eligible ballots from these categories to the results during the canvass period. Later today, the State Board will send a separate press release with provisional ballot numbers cast by county.
- Absentee-by-mail ballots that require a cure: All remaining absentee-by-mail ballots that have a curable deficiency will be counted on Tuesday, November 10, as long as the voter’s cure document is received by noon on that day. Curable deficiencies can include when a voter did not sign their ballot application or signed it in the wrong place, or there is an issue with the photo ID documentation included with their ballot application.
- Mailed Military and Overseas Ballots Received After Election Day: Ballots cast by military and overseas citizen voters that are mailed by Election Day and arrive at county board of elections offices by 5 p.m. November 12 will be counted by the county canvass on November 13. All county boards will conduct meetings between now and next Friday to consider these absentee ballots and add ballots that meet all statutory requirements to the results. The specific days such meetings take place will vary by county. County boards will notice these meetings, which are open to the public. There is no way to know exactly how many ballots may be on their way to county boards of elections offices from military and overseas citizen voters.
Some votes may be removed from the count:
- Challenges to Absentee Ballots Filed by Voters: The county boards will consider voter-filed challenges to absentee ballots at the canvass meeting. Challenges to absentee ballots must be filed by voters by 5 p.m. November 10. If a challenge to a ballot is successful, then votes in contests the voter is not eligible to vote in are deducted from the count at canvass.
- Administrative Challenges to Absentee and Early Voting Ballots: County boards may file administrative challenges to absentee and early voting ballots based on a review of their own official records or in response to the State Board’s voter eligibility audit. This audit provides the county boards with data on absentee and early voting voters who were not eligible to vote in the election. (For example, a voter who voted absentee and then died or was convicted of a felony before Election Day.) If a challenge to a ballot is upheld, then votes in contests the voter is not eligible to vote in are deducted from the count at canvass.
County Boards of Elections Meetings Before Canvass
All county boards will conduct public meetings between now and the county canvass meeting to consider remaining ballots and add ballots that meet all statutory requirements to the results. These meetings are open to the public. Each county will have at least one meeting on the afternoon of Tuesday, November 10 to count provisional ballots and cured absentee ballots. Times will vary by county, and voters interested in attending should check their county board’s website or contact their county board of elections.
Hand Count Audit
Under state law, every county must conduct a sample hand count of ballots in two randomly selected precincts, early voting sites, or all absentee ballots cast in the county to confirm results tabulated by machine. These audits must be conducted in public, by bipartisan teams of counters. Results of the hand count are compared to the results as tabulated by voting machines to ensure accuracy, and any discrepancies, which are typically very few, are explained by the county board.
County Canvass
These post-election processes culminate in the certification of results by the county boards of elections. County boards are required to hold their canvass meetings at 11 a.m. November 13. They are open to the public. County boards will review election records for accuracy and certify contests and referenda within the county boundaries. For contests in the jurisdiction of the State Board, the county boards will authenticate the count of the contests, and the State Board will certify the contests at the state canvass, scheduled for 11 a.m. November 24.
Recounts May Be Conducted in Close Contests
There are two situations when a county board may conduct a recount of a contest. First, a county board can conduct a discretionary recount if the county board determines it is needed to complete the canvass in the election.
Second, after the county boards have certified results, a candidate who did not win can demand a recount under the following scenarios:
- For a statewide ballot item, the difference between the winning candidate and the candidate demanding the recount is ½ of 1% (0.5%) of the votes cast in the ballot item, or 10,000 votes, whichever is less.
- For a non-statewide ballot item, the difference between the winning candidate and the candidate demanding the recount is 1% or less of the total votes cast in the contest.
Any mandatory recounts would be conducted by county boards after the county canvass and should usually be completed before the state canvass.
For contests under jurisdiction of county boards of elections, a demand for recount must be made in writing to the county board of elections by 5 p.m. Monday, November 16. In contests under the jurisdiction of the State Board of Elections, including multi-county state legislative districts, the recount demand must be in writing and received by the State Board of Elections no later than noon on Tuesday, November 17. If a recount is demanded in such a contest, the State Board of Elections provides a schedule and directions to the counties. The counties would then conduct recounts individually during open meetings.
In the recount, all ballots that were originally counted will be recounted by machine. There may also be a second recount where a sample of precincts will be subject to a hand-to-eye recount. Depending on the results of that sample hand-to-eye recount, there may be a full hand-to-eye recount. The machine count is what is used to determine the outcome of the contest, unless there is eventually a full hand-to-eye recount that reveals material differences in the count. See Ordering recounts (N.C.G.S. § 163-182.7) and general guidelines for recounts: 08 NCAC 09 .0106, and rules for initial recounts: 08 NCAC 09 .0107, and secondary recounts: 08 NCAC 09 .0110.
The State Board will continue to provide additional information about post-election processes throughout the canvass period.