§ 163-33. Powers and duties of county boards of elections. - North Carolina Statutes

§ 163‑33.  Powers andduties of county boards of elections.

The county boards of electionswithin their respective jurisdictions shall exercise all powers granted to suchboards in this Chapter, and they shall perform all the duties imposed upon themby law, which shall include the following:

(1)        To make and issuesuch rules, regulations, and instructions, not inconsistent with law, withdirectives promulgated under the provisions of G.S. 163‑132.4, or withthe rules, orders, and directives established by the State Board of Elections,as it may deem necessary for the guidance of election officers and voters.

(2)        To appoint all chiefjudges, judges, assistants, and other officers of elections, and designate theprecinct in which each shall serve; and, after notice and hearing, to removeany chief judge, judge of elections, assistant, or other officer of electionappointed by it for incompetency, failure to discharge the duties of office,failure to qualify within the time prescribed by law, fraud, or for any othersatisfactory cause. In exercising the powers and duties of this subdivision,the board may act only when a majority of its members are present at anymeeting at which such powers or duties are exercised.

(3)        To investigateirregularities, nonperformance of duties, and violations of laws by electionofficers and other persons, and to report violations to the State Board ofElections. In exercising the powers and duties of this subdivision, the boardmay act only when a majority of its members are present at any meeting at whichsuch powers or duties are exercised. Provided that in any hearing on anirregularity no board of elections shall consider as evidence the testimony ofa voter who cast a ballot, which ballot that voter was not eligible to cast, asto how that voter voted on that ballot.

(4)        As provided in G.S.163‑128, to establish, define, provide, rearrange, discontinue, andcombine election precincts as it may deem expedient, and to fix and provide forplaces of registration and for holding primaries and elections.

(5)        To review, examine,and certify the sufficiency and validity of petitions and nomination papers.

(6)        To advertise andcontract for the printing of ballots and other supplies used in registrationand elections; and to provide for the delivery of ballots, pollbooks, and otherrequired papers and materials to the voting places.

(7)        To provide for thepurchase, preservation, and maintenance of voting booths, ballot boxes,registration and pollbooks, maps, flags, cards of instruction, and other forms,papers, and equipment used in registration, nominations, and elections; and tocause the voting places to be suitably provided with voting booths and othersupplies required by law.

(8)        To provide for theissuance of all notices, advertisements, and publications concerning electionsrequired by law. If the election is on a State bond issue, an amendment to theConstitution, or approval of an act submitted to the voters of the State, theState Board of Elections shall reimburse the county boards of elections fortheir reasonable additional costs in placing such notices, advertisements, andpublications. In addition, the county board of elections shall give notice atleast 20 days prior to the date on which the registration books or records are closedthat there will be a primary, general or special election, the date on which itwill be held, and the hours the voting places will be open for voting in thatelection. The notice also shall describe the nature and type of election, andthe issues, if any, to be submitted to the voters at that election. Noticeshall be given by advertisement at least once weekly during the 20‑dayperiod in a newspaper having general circulation in the county and by posting acopy of the notice at the courthouse door. Notice may additionally be made on aradio or television station or both, but such notice shall be in addition tothe newspaper and other required notice. This subdivision shall not apply inthe case of bond elections called under the provisions of Chapter 159.

(9)        To receive thereturns of primaries and elections, canvass the returns, make abstractsthereof, transmit such abstracts to the proper authorities, and to issuecertificates of election to county officers and members of the General Assemblyexcept those elected in districts composed of more than one county.

(10)      To appoint and removethe board's clerk, assistant clerks, and other employees; and to appoint andremove precinct transfer assistants as provided in G.S. 163‑82.15(g).

(11)      To prepare and submitto the proper appropriating officers a budget estimating the cost of electionsfor the ensuing fiscal year.

(12)      To perform such otherduties as may be prescribed by this Chapter, by directives promulgated pursuantto G.S. 163‑132.4, or by the rules, orders, and directives of the StateBoard of Elections.

(13)      Notwithstanding theprovisions of any other section of this Chapter, to have access to any ballotboxes and their contents, any voting machines and their contents, anyregistration records, pollbooks, voter authorization cards or voter lists, anylists of absentee voters, any lists of presidential registrants under theVoting Rights Act of 1965 as amended, and any other voting equipment or similarrecords, books or lists in any precinct or municipality over whose elections ithas jurisdiction or for whose elections it has responsibility.  (1901, c. 89, s. 11; Rev.,s. 4306; C.S., s. 5927; 1921, c. 181, s. 2; 1927, c. 260, s. 1; 1933, c. 165,s. 2; 1966, Ex. Sess., c. 5, s. 2; 1967, c. 775, s. 1; 1973, c. 793, ss. 9‑11;1983, c. 392, s. 1; 1989, c. 93, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 15;1995 (Reg. Sess., 1996), c. 694, s. 1; 1997‑510, s. 1; 1999‑424, s.7(b); 2009‑541, s. 2.)