NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 802

HOUSE BILL 1385

 

 

AN ACT TO AMEND CHAPTER 163 OF THE GENERAL STATUTES TO PROVIDE RULES FOR MARKING AND COUNTING BALLOTS IN ELECTIONS AND PRIMARIES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 163-151 is rewritten to read as follows:

"§ 163-151.  Marking ballots in primary and election. — The voter shall adhere to the following rules and those instructions printed on the ballot in marking his ballots:

(1)        In both primaries and elections, a voter may designate his choice of candidates by making a cross mark (X), a check mark, or some other clear indicative mark in the appropriate voting square or circle.

(2)        In both primaries and elections, a voter should not mark more names for any office than there are positions to be filled by election.

(3)        A voter should not affix a sticker to a ballot, mark a ballot with a rubber stamp, attach anything to a ballot, wrap or fold anything in a ballot or do anything to a ballot except to mark it properly with a pencil or pen.

(4)        Straight ticket. In an election, but not a primary, if the voter desires to vote for all candidates of one political party (a straight ticket), he shall either:

a.         mark the party circle printed above the party column; or

b.         mark in the voting square at the left of the name of every candidate printed on the ballot in the party column for whom he desires to vote; or

c.         mark the party circle and also mark some or all names printed in that party column.

(5)        Split ticket. In an election but not in a primary, if the voter desires to vote for candidates of more than one political party (a split ticket), he shall:

a.         omit marking in the party circle of any party and mark in the voting square opposite the name of each candidate of any party printed on the ballot for whom the voter wishes to vote.

b.         If the voter should mark the party circle of one party, and also mark the voting square opposite the name of candidates of any other party, the ballot shall be counted as a straight ticket for all candidates of the party whose circle was marked and the individually marked candidates of any other party shall not be counted.

(6)        Write-in votes.

a.         In an election but not in a primary, if a voter desires to vote for a person whose name is not printed on the ballot, he shall write in the name of the person in the space immediately beneath the name of a candidate, if any, printed on the ballot for that particular office. The voter shall write the name himself unless he is entitled to assistance under G.S. 163-152, in which case the person giving assistance may write in the name at the request of the voter.

b.         The voter should not write in a name of a person whose name appears as a candidate of a political party. If the voter writes in the name of a candidate printed on the ballot of any party, the write-in shall not be counted.

c.         If the voter has marked the party circle of one political party, he may also write in the name of a person for whom he wishes to vote beneath the name of a candidate printed in the same column whose party circle he has marked.

d.         If the voter has marked the party circle of one party, he should not write in the name of a person under the name of a candidate in any other party. In such case, the write-in shall not be counted, but the ballot shall be counted for all candidates of the party whose circle was marked.

e.         No voter shall write the name of any person on a primary ballot."

Sec. 2. G.S. 163-169(b) is rewritten to read:

"(b)      General rule. Only official ballots shall be voted and counted. No official ballot shall be rejected because of technical errors in marking it, unless it is impossible to determine the voter's choice under the rules for counting ballots. Such determination shall be made by the county board of elections if the registrar and judges are unable to determine the voter's choice, or whether a particular ballot should be counted."

Sec. 3.  G.S. 163-170 is rewritten to read:

"§ 163-170.  Rules for counting ballots. — Only official ballots shall be voted and counted. No official ballot shall be rejected because of technical errors in marking it unless it is impossible to determine the voter's choice. In applying the general rule, all election officials shall be governed by the following rules:

(1)        If for any reason it is impossible to determine a voter's choice for an office, the ballot shall not be counted for that office but shall be counted for all other offices.

(2)        If a ballot is marked for more names than there are positions to be filled, it shall not be counted for that office but shall be counted for all other offices.

(3)        If a ballot has been defaced or torn by a voter so that it is impossible to determine the voter's choice for one or more offices, it shall not be counted for such offices but shall be counted for all offices for which the voter's choice can be determined.

(4)        If a voter has properly marked the voting square with pen or pencil, and also has affixed a sticker to a ballot, or marked a ballot with a rubber stamp, attached anything to a ballot, wrapped or folded anything in a ballot, or done anything to a ballot other than mark it properly with pen or pencil, it shall be counted unless such action by the voter makes it impossible to determine the voter's choice.

(5)        Write-in votes. If a name has been written in on an official general election ballot as provided in G.S. 163-151, it shall be counted in accordance with the following rules:

a.         The name written in shall not be counted unless written in by the voter or a person authorized to assist the voter pursuant to G.S. 163‑152.

b.         The name shall be written in immediately below the name of a candidate for a particular office, if any, and shall be counted as a vote for the person whose name has been written in for that office. If the voter has made a mark to the left of the name written in, or checked in the party circle or the square beside the name of a candidate below whose name the write-in appears, or if the voter strikes out, marks through or crosses out the name printed above the write-in, such action by the voter shall not serve to invalidate the ballot or the vote for the person whose name was written in for that particular office.

c.         If the person whose name was written in appears as a candidate of a political party for any office, the write-in shall be ignored and the ballot shall be counted as though no write-in appeared for such office.

d.         Marking party circle and write-ins.

1.         If the voter marks the party circle above the column in which he has entered the write-in, his ballot shall be counted as a vote for the person whose name has been written in, and for all other candidates of the party in whose circle he has marked, except the candidate beneath whose printed name the write-in appears.

2.         If the voter has marked the party circle at the top of the column of a political party, and has made a write-in under the name of a candidate printed in a column of a different political party, the write-in shall not be counted, and the ballot shall be counted as a vote for all candidates of the party in whose circle he has marked.

(6)        Split ticket.

a.         If the voter has marked the party circle of one party and also marked the voting square of individual candidates of another party, the ballot shall be counted as a straight ballot and counted as a vote for every candidate for the party whose circle has been marked.

b.         If the voter votes a split ticket by omitting to mark the party circle and marks the voting square opposite the name of candidates for whom he desires to vote in different party columns, the ballot shall be counted as a vote for each candidate marked in a different party column.

(7)        Voting a straight ticket. If a voter desires to vote for all candidates of one political party, a straight ticket, he shall either:

a.         mark the party circle printed at the top of the party column; or

b.         mark the voting squares at the left of the name of every candidate of the same party printed on the ballot; or

c.         mark the party circle and also mark some or all names printed in that party column.

In either case, the ballot shall be counted as a straight ticket and counted as a vote for every candidate whose name is printed in the party column."

Sec. 4.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 6th day of June, 1979.