§ 163-89. Procedures for challenging absentee ballots. - North Carolina Statutes

§ 163‑89.  Proceduresfor challenging absentee ballots.

(a)        Time for Challenge.– The absentee ballot of any voter may be challenged on the day of anystatewide primary or general election or county bond election beginning noearlier than noon and ending no later than 5:00 P.M., or by the chief judge atthe time of closing of the polls as provided in G.S. 163‑232 and G.S. 163‑251(b).The absentee ballot of any voter received by the county board of electionspursuant to G.S. 163‑231(b)(ii) or (iii) may be challenged no earlierthan noon on the day following the election and no later than 5:00 p.m. on thenext business day following the deadline for receipt of such absentee ballots.

(b)        Who May Challenge.– Any registered voter of the same precinct as the absentee voter may challengethat voter's absentee ballot.

(c)        Form and Nature ofChallenge. – Each challenged absentee ballot shall be challenged separately.The burden of proof shall be on the challenger. Each challenge shall be made inwriting and, if they are available, shall be made on forms prescribed by theState Board of Elections. Each challenge shall specify the reasons why theballot does not comply with the provisions of this Article or why the absenteevoter is not legally entitled to vote in the particular primary or election.The challenge shall be signed by the challenger.

(d)        To Whom ChallengeAddressed; to Whom Challenge Delivered. – Each challenge shall be addressed tothe county board of elections. It may be filed with the board at its offices orwith the chief judge of the precinct in which the challenger and absentee voterare registered. If it is delivered to the chief judge, the chief judge shallpersonally deliver the challenge to the chairman of the county board ofelections on the day of the county canvass.

(e)        Hearing Procedure.– All challenges filed under this section shall be heard by the county board ofelections on the day set for the canvass of the returns. All members of theboard shall attend the canvass and all members shall be present for the hearingof challenges to absentee ballots.

Before the board hears achallenge to an absentee ballot, the chairman shall mark the word"challenged" after the voter's name in the register of absenteeballot applications and ballots issued and in the pollbook of absentee voters.

The board then shall hear thechallenger's reasons for the challenge, and it shall make its decision withoutopening the container‑return envelope or removing the ballots from it.

The board shall have authorityto administer the necessary oaths or affirmations to all witnesses broughtbefore it to testify to the qualifications of the voter challenged or to thevalidity or invalidity of the ballot.

If the challenge is sustained,the chairman shall mark the word "sustained" after the word"challenged" following the voter's name in the register of absenteeballot applications and ballots issued and in the pollbook of absentee voters;the voter's ballots shall not be counted; and the container‑returnenvelope shall not be opened but shall be marked "ChallengeSustained." All envelopes so marked shall be preserved intact by thechairman for a period of six months from canvass day or longer if any contestthen is pending concerning the validity of any absentee ballot.

If the challenge is overruled,the absentee ballots shall be removed from the container‑return envelopesand counted by the board of elections, and the board shall adjust theappropriate abstracts of returns to show that the ballots have been counted andtallied in the manner provided for unchallenged absentee ballots.

If the challenge was deliveredto the board by the chief judge of the precinct and was sustained, the boardshall reopen the appropriate ballot boxes, remove such ballots, determine howthose ballots were voted, deduct such ballots from the returns, and adjust theappropriate abstracts of returns.

Any voter whose ballots havebeen challenged may, either personally or through an authorized representative,appear before the board at the hearing on the challenge and present evidence asto the validity of the ballot.  (1939, c. 159, ss. 8, 9; 1945, c. 758, s. 8; 1953, c.1114; 1963, c. 547, s. 8; 1965, c. 871; 1967, c. 775, s. 1; 1973, c. 536, s. 4;1993 (Reg. Sess., 1994), c. 762, s. 29; 2009‑537, s. 8(c).)