Rutherford election officials explain write-in voting and certification

Lake Lure and Rutherfordton mayoral contests include write-in challengers; all election-night results remain unofficial until the required review is completed.

With early voting underway and Election Day approaching Nov. 3, Rutherford County election officials are reminding voters that results reported on election night are unofficial.

Write-in votes, provisional ballots, and certain absentee ballots require additional review before results are certified. That process could be especially consequential in close contests, including the mayoral races in Lake Lure and Rutherfordton.

In Rutherfordton, incumbent Mayor Jimmy Dancy faces write-in challenger Clark Poole. In Lake Lure, incumbent Mayor Carol Pritchett faces write-in challengers Kathy Tanner and John Edmonds Kozma.

Asked which races could remain unsettled because of write-in reviews, Rutherford County Board of Elections Director Dawn Lovelace identified both towns.

“I was thinking about Town of Lake Lure and Town of Rutherfordton,” Lovelace said in an email responding to WCAB News.

Write-in reviews can affect any contest where such votes are cast. Whether the review could change an apparent outcome depends on the vote margin and the outstanding votes.

“With the write ins, we have to compile the data, and research the written in name to make sure they are eligible,” Lovelace said. She identified residence within the district as part of that eligibility review.

North Carolina law distinguishes municipal write-in candidacies from write-in campaigns for many other offices. N.C. General Statute 163-123 generally requires a declaration of intent and qualifying petitions, but exempts municipal elections conducted under the state’s municipal election laws. That exemption does not remove qualifications for holding office.

Voters choosing a write-in candidate should follow their ballot’s instructions, enter the name in the designated space and fill in the accompanying oval.

Under N.C. General Statute 163-182.1, technical errors do not invalidate a vote when the voter’s choice can be determined. State Board of Elections guidance says a misspelled or incomplete write-in name should be counted if officials can identify the intended candidate.

Voters must also follow the limit on selections. In a vote-for-one contest, selecting a printed candidate and writing in a different candidate can result in an overvote, meaning neither choice counts in that contest. Properly completed selections elsewhere on the ballot can still count, in accordance with state law.

When write-in votes are counted at the county elections office, State Board guidance requires the counting to occur in the presence of, or under the supervision of, the bipartisan county board. Results are recorded on a tally sheet signed by board members, according to state law.

Rutherford County’s canvass is scheduled for 11 a.m. Friday, Nov. 13. State law generally requires county boards to meet at that time on the 10th day after an election to complete their review and authenticate the count.

“Canvass is the official process of determining the votes have been counted and tabulated correctly, resulting in the authentication of the official election results,” Lovelace said.

The statutory review includes precinct returns, absentee ballots, provisional ballots and sample hand-count audit results. County boards also have authority to obtain records and determine the legality of disputed ballots, according to state law.

Provisional ballots are reviewed to determine whether the voter was eligible and which contests, if any, can be counted, under state law.

“The Board must review and make its determinations on provisional ballots before those ballots are opened and tabulated,” Lovelace said.

Certain absentee ballots can also be counted after voters properly resolve an issue within the applicable deadline, a process known as curing. This does not extend the civilian absentee ballot return deadline of 7:30 p.m. Election Day. Separate rules apply to qualifying military and overseas ballots.

The State Board describes post-election verification as a routine part of administering elections. County canvass meetings are open to the public.

“They are not final results until Canvass,” Lovelace said.

Information about voting locations, identification requirements, absentee ballots and election procedures is available at ncsbe.gov.