Author: Gary O. Bartlett, Executive Director
A timely, formal request for a hand-to-eye recount in State Senate District One has been received. Pursuant to GS 163-182.7A(a):
[I]f the initial recount is not hand-to-eye, and if the recount does not reverse the results, the candidate who had originally been entitled to a recount may...demand a second recount on a hand-to-eye basis in a sample of precincts...that sample shall be all the ballots in three percent (3%) of the precincts casting ballots in each county in the jurisdiction of the office, rounded up to the next whole number of precincts...[E]ach one-stop (early) voting site shall be considered to be a precinct. The precincts to be recounted...shall be chosen at random within each county.
The dates for the second recount, hand-to-eye will be Monday, Dec. 3 and Tuesday, Dec. 4, 2012. If requested for cause, approval will be considered for the date to be Friday, Nov. 30, 2012. The official results should be immediately transmitted to this office in accordance with procedures for reporting results. After receipt of official hand-to-eye recount totals, the State Board will meet to determine whether a complete hand-to-eye recount should be ordered or to certify the election.
The directors of the county boards of elections in State Senate District One shall provide notice of the date, time and location for the random selection of precinct(s) to be manually recounted and the conduct of the recount. Contact information for those to whom notice must be given in addition to your normal meeting notices is as follows:
- Counsel for Candidate Cook: michael.mcknight@ogletreedeakins.com
- Fax (919) 783-9412, telephone (919) 789-3159
- Counsel for Candidate White: jrwallace@wallacenordan.com
- Fax (919) 782-8113, telephone (919) 782-9322
- State Board of Elections: sherwood.brantley@ncsbe.gov
Both the selection of the precincts at random and the hand-to-eye recount should occur on the same date. At the beginning of the meeting, provide evidence of the inclusion of slips for each precinct and one-stop absentee voting site in the county in an appropriate container (box, hat, jar, etc.), mix the contents of the container, and have someone in attendance (other than the director of elections or someone affiliated with either candidate) randomly select the required number of precincts to be manually recounted.
Each county listed below must submit to this office the number of precinct(s), including one-stop voting sites, to be recounted:
- Beaufort
- Camden
- Currituck
- Dare
- Gates
- Hyde
- Pasquotank
- Perquimans
Directors of elections should not be part of the recounting process, but should manage the process. See 08 NCAC Chapter 09. 0106 (e) and (f) for guidelines for manual recounts using teams of four, with two representatives from each party. If the counting teams are unable to agree on the counting of a particular ballot due to irregular markings, the ballot shall be examined by the county board of elections for determination of voter intent. What Constitutes a Vote will control and a copy is attached for your convenience.
[Download the PDF below for the What Constitutes a Vote attachment.]
↓ Second Recount, Hand-to-Eye in Sample Precincts: Numbered Memo 2012-30 (PDF)