Why It Matters
North Carolina Senate leader Phil Berger’s request for additional recounts in his primary race against Rockingham County Sheriff Sam Page highlights ongoing tensions over election procedures and ballot counting standards. The outcome of Senate District 26 could influence the balance of power in the North Carolina legislature, where Berger currently holds significant leadership authority. The dispute centers on how counties handle ambiguous ballots—particularly “overvotes” and “undervotes”—and whether inconsistent procedures across jurisdictions warrant intervention. These decisions set precedent for how North Carolina processes close elections and addresses voter intent in future contests.
What Happened
Phil Berger, the sitting North Carolina Senate leader, remains 23 votes behind Rockingham County Sheriff Sam Page following an initial machine recount conducted in Rockingham and Guilford Counties. The recount was triggered by the narrow margin between the two candidates in Senate District 26, which encompasses all of Rockingham County and portions of Guilford County.
Despite the machine recount confirming Page’s 23-vote advantage, Berger has requested that the state Board of Elections authorize additional recounting measures. Specifically, Berger is asking for a second recount involving a hand count of 3 percent of precincts and early voting sites, or a combination thereof. If approved, this hand count would begin within two business days of the request.
In a separate request, Berger has asked the state board to conduct a comprehensive hand-eye inspection of all ballots or, at minimum, ballots marked as “overvotes”—instances where voters selected both candidates—and “undervotes,” where no candidate selection appeared to be made. Berger’s position is that a manual inspection of these ambiguous ballots could reveal voter intent that electronic machines failed to register. This marks the second time Berger has requested such a hand count. The state Board of Elections declined to take up his initial request on Wednesday.
Berger’s recount spokesman Jonathan Felts contended that the two counties used different procedures when handling undervotes and other unreadable ballots. “So, two different counties now seem to be using two different sets of rules for undervotes and other unreadable ballots,” Felts said in a statement. “That’s not fair to the voters of SD-26.”
Patrick Sebastian, a post-election advisor to Page, characterized Berger’s position as requesting preferential treatment. According to Sebastian, all ballots have been counted according to state law requirements. “Phil Berger is once again asking for special treatment and trying to change the rules after he lost,” Sebastian said in a statement. “North Carolina law is clear—and it applies to everyone.”
By the Numbers
- 23 votes: Berger’s current deficit behind Page after the machine recount
- 220: The number of undervotes and overvotes Berger seeks to have hand-inspected
- 3 percent: The proportion of precincts or early voting sites included in a potential second recount
- 2 business days: The maximum timeframe for initiating a hand count if the state board approves Berger’s request
- 2: The number of times Berger has requested a hand-eye count of problematic ballots
Zoom Out
Close election recounts have become increasingly common across the United States, particularly in state legislative races where narrow margins can shift party control. North Carolina has seen multiple contested elections in recent years, with recount procedures testing the state’s election infrastructure and judicial processes.
The disagreement over how to handle ambiguous ballots reflects a broader national discussion about election administration standards. Different interpretations of voter intent when ballots contain marks machines cannot read have prompted legal challenges in other states. Election officials nationwide grapple with balancing the need for consistent procedures against the desire to honor voter intent when possible.
Senate District 26’s composition—spanning an entire county plus portions of another—is typical of North Carolina legislative districts. Such multi-county districts sometimes create coordination challenges when counties employ different counting protocols or equipment.
What’s Next
The state Board of Elections will determine whether to grant Berger’s request for a hand count of 3 percent of precincts and early voting sites. If approved, that recount process must begin within two business days. The board will also decide whether to reconsider Berger’s separate request for a comprehensive hand-eye inspection of the 220 undervotes and overvotes in question.
Regardless of the board’s decision, the outcome of Senate District 26 will be finalized through North Carolina’s established election certification process. Any further appeals would likely proceed through the state’s election dispute procedures or court system if either candidate contests the final results.