section .0300 – approval and operation of voting systems

08 ncac 04 .0301             REQUIREMENTS OF VOTING SYSTEMS

Any voting system used in any election in North Carolina shall be constructed to fulfill the following requirements:

(1)           It shall be designed to reasonably secure secrecy of the voter in the act of voting;

(2)           It shall enable the voter to vote a straight party ticket in a general election;

(3)           It shall require the voter to vote for the candidates for president and vice-president separately from the straight party vote;

(4)           It shall provide capacity for listing of all nominees of all recognized political parties and other lawful candidates;

(5)           It shall, except in primary elections, permit the voter to vote for all the candidates of one party, or in part for the candidates of one or more other parties;

(6)           It shall permit the voter to vote for only as many persons for an office as the voter chooses and is lawfully entitled to vote for;

(7)           It shall prevent the voter from voting for the same persons more than once for the same office;

(8)           It shall permit the voter to vote for or against only the question(s) the voter may have the right to vote;

(9)           It shall permit each voter in a general election but not in a primary, to write in the name of persons for whom he desires to vote, whose names do not appear upon the ballot, except where prohibited by G.S. 163-123 or other statutes;

(10)         It shall be equipped for use in primary elections so that the voter may vote only in the primary election to which the voter is entitled to vote;

(11)         When properly operated, it shall correctly register or record, and accurately count all votes cast for all ballot items;

(12)         It shall contain a visible public counter that shall show at all times during an election the number of persons who have voted;

(13)         It shall clearly indicate to the voter during the act of voting the ballot items the voter has selected;

(14)         Vote totals for each ballot item shall be contained by a method that is locked and concealed at all times during the time the polls are open;

(15)         It shall meet current Federal Voting System Standards or other applicable Federal Standards;

(16)         It shall be suitably designed and durably constructed for the conduct of elections; and

(17)         It shall be equipped to provide retrievable ballots during absentee voting where an absentee voter's ballot is linked to that voter for possible retrieval if it becomes necessary to take action as to that cast ballot.

History Note:        Authority G.S. 163-22; 163-165.7;

Temporary Adoption Eff. April 15, 2002;

Eff. August 1, 2004.