GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION
CHAPTER 89
The General Assembly of North Carolina enacts:
Section 1. G.S. 163-179.1 reads as rewritten:
"§ 163-179.1. Mandatory recounts.
(a) Whenever, according to the canvass made under this Article, the difference between the number of votes received by a candidate who:
(1) Has received the number of votes necessary to be declared nominated for an office in a primary election with a majority; or
(2) Has received the number of votes necessary to be declared nominated for an office in a second primary election
and the number of votes received by the
candidate receiving the next highest number of votes but not declared nominated
under G.S. 163-179 any candidate in the race is not more than one
percent (1%) of the total votes which were cast for that office, except in
multi-seat races one percent (1%) of the total votes cast for those two
candidates, the county board of elections shall, before declaring the person
nominated, order a recount of the primary if the candidate having the next
highest number of votes a candidate whose votes fell within one percent
(1%) of a successful candidate shall, by noon on the second day (Saturdays
and Sundays excepted) following the canvass, request in writing such a recount.
(b) Whenever, according
to the canvass made under this Article, the difference between the number of
votes received by a candidate who has been declared elected to an office in a
general election and the number of votes received by the candidate receiving
the next highest number of votes but not declared elected under G.S. 163-179 any
candidate in the race shall be not more than one percent (1%) of the total
votes which were cast for that office, except in multi-seat races one percent
(1%) of the total votes cast for those two candidates, or where there is a tie
vote between those candidates, the county board of elections shall, before
issuing a certificate of election, order a recount of the election if the
candidate having the next highest number of votes a candidate whose
votes fell within one percent (1%) of a successful candidate (or in the
case of a tie, either candidate) shall, by noon on the second day (Saturdays
and Sundays excepted) following the canvass, request in writing such a recount.
(c) The recount shall be conducted under the supervision of the county board of elections.
(d) This section applies to offices other than those covered by G.S. 163-192.1; except that it does not apply to elections conducted under Subchapter IX of this Chapter."
Sec. 2. G.S. 163-192.1 reads as rewritten:
"§ 163-192.1. Mandatory recounts.
(a) Whenever, according to the canvass made under this Article, the difference between the number of votes received by a candidate who:
(1) Has received the number of votes necessary to be declared nominated for an office in a primary election with a majority; or
(2) Received the number of votes necessary to be declared nominated for an office in a second primary election
and the number of votes received by the
candidate receiving the next highest number of votes but not declared nominated
under G.S. 163-192 any candidate in the race is not more than one
percent (1%) of the total votes which were cast for that office, except in
multi-seat races one percent (1%) of the total votes cast for those two
candidates, the State Board of Elections shall, before declaring the person
nominated, order a recount of the primary if the candidate having the next
highest number of votes a candidate whose votes, according to a tally of
the canvasses made under Article 15 of this Chapter, fell within one percent
(1%) of a successful candidate shall, by noon on the second eighth
day (Saturdays and Sundays excepted included) following the canvass
election, request in writing such a recount. Provided, however,
that in a statewide contest, no candidate shall be entitled to an automatic
recount under this section unless the difference is at least one-half of one
percent (0.5%) of the votes cast, or 10,000 votes, whichever is less. Provided
further that if the canvass made under this Article determines that a candidate
who was not originally thought to be within the percentage entitling him to a
recount based on the tally of canvasses made under Article 15 of this Chapter
is in fact within the percentage entitling him to a recount, the Executive
Secretary-Director of the State Board of Elections shall immediately notify the
candidate and the candidate shall be entitled to a recount if he so requests within
48 hours of notification.
(b) Whenever, according
to the canvass made under this Article, the difference between the number of
votes received by a candidate who has been declared elected to an office in a
general election and the number of votes received by the candidate receiving
the next highest number of votes but not declared elected under G.S. 163-192 any
other candidate in the race shall be not more than one percent (1%) of the
total votes which were cast for that office, except in multi-seat races one
percent (1%) of the total votes cast for those two candidates, or where there
is a tie vote between those candidates, the State Board of Elections shall,
before certifying the result to the Secretary of State under G.S. 163-193,
order a recount of the election if the candidate having the next highest
number of votes a candidate whose votes, according to a tally of the
canvasses made under Article 15 of this Chapter, fell within one percent (1%)
of a successful candidate (or in the case of a tie, either candidate)
shall, by noon on the second eighth day (Saturdays and Sundays excepted
included) following the canvass election, request in
writing such a recount. Provided, however, that in a statewide
contest, no candidate shall be entitled to an automatic recount under this
section unless the difference is at least one-half of one percent (0.5%) of the
votes cast, or 10,000 votes, whichever is less. Provided further that if the
canvass made under this Article determines that a candidate who was not originally
thought to be within the percentage entitling him to a recount based on the
tally of canvasses made under Article 15 of this Chapter is in fact within the
percentage entitling him to a recount, the Executive Secretary-Director of the
State Board of Elections shall immediately notify the candidate and the
candidate shall be entitled to a recount if he so requests within 48 hours of
notification.
(c) The recount shall be conducted under the supervision of the State Board of Elections.
(d) This section applies to the offices listed in G.S. 163-192."
Sec. 3. This act shall become effective with respect to all elections held on or after January 1, 1990.
In the General Assembly read three times and ratified this the 5th day of May, 1989.