§ 163-182.7A. Additional provisions for hand-to-eye recounts. - North Carolina Statutes

§ 163‑182.7A.  Additional provisions for hand‑to‑eyerecounts.

(a)        The rules promulgated by the State Board of Elections forrecounts shall provide that if the initial recount is not hand‑to‑eye,and if the recount does not reverse the results, the candidate who hadoriginally been entitled to a recount may, within 24 hours of the completion ofthe first recount, demand a second recount on a hand‑to‑eye basisin a sample of precincts. If the initial recount was not hand‑to‑eyeand it reversed the results, the candidate who had initially been the winnershall have the same right to ask for a hand‑to‑eye recount in asample of precincts.

That sample shall be all the ballots in three percent (3%) of theprecincts casting ballots in each county in the jurisdiction of the office,rounded up to the next whole number of precincts. For the purpose of thatcalculation, each one‑stop (early) voting site shall be considered to bea precinct. The precincts to be recounted by a hand‑to‑eye countshall be chosen at random within each county. If the results of the hand‑to‑eyerecount differ from the previous results within those precincts to the extentthat extrapolating the amount of the change to the entire jurisdiction (basedon the proportion of ballots recounted to the total votes cast for that office)would result in the reversing of the results, then the State Board of Electionsshall order a hand‑to‑eye recount of the entire jurisdiction inwhich the election is held. There shall be no cost to the candidate for that recountin the entire jurisdiction.

(b)        Recounts under this section shall be governed by rulesadopted under G.S. 163‑182.7(d).

(c)        No complete hand‑to‑eye recount shall beconducted under this section if one has already been done under anotherprovision of law. (2005‑323, s. 6(b).)