Bill Text: NC S824 | 2017-2018 | Regular Session | Chaptered
Bill Title: Implementation of Voter ID Const. Amendment
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2018-12-19 - Ch. SL 2018-144 [S824 Detail]
Download: North_Carolina-2017-S824-Chaptered.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
SESSION LAW 2018-144
SENATE BILL 824
AN ACT to implement the constitutional amendment REQUIRING PHOTOGRAPHIC identification to vote.
The General Assembly of North Carolina enacts:
part I: Implementation of the constitutional requirement requiring PHOTOGRAPHIC identification to vote
SECTION 1.1.(a) Article 17 of Chapter 163A of the General Statutes is amended by adding a new section to read:
"§ 163A‑869.1. Voter photo identification cards.
(a) The county board of elections shall, in accordance with this section, issue without charge voter photo identification cards upon request to registered voters. The voter photo identification cards shall contain a photograph of the registered voter, the name of the registered voter, and the voter registration number for that registered voter. The voter photo identification card shall be used for voting purposes only and shall expire 10 years from the date of issuance. The expiration of a voter photo identification card shall not create a presumption that the voter's voter registration has expired or become inactive, and a voter's voter registration shall not be rendered inactive solely due to the expiration of the voter photo identification card.
(b) The State Board shall make available to county boards of elections the equipment necessary to print voter photo identification cards. County boards of elections shall operate and maintain the equipment necessary to print voter photo identification cards.
(c) County boards of elections shall maintain a secure database containing the photographs of registered voters taken for the purpose of issuing voter photo identification cards.
(d) The State Board shall adopt rules to ensure at a minimum, but not limited to, the following:
(1) A registered voter seeking to obtain a voter photo identification card shall provide the registered voter's name, the registered voter's date of birth, and the last four digits of the voter's social security number.
(2) Voter photo identification cards shall be issued at any time, except during the time period between the end of one‑stop voting for a primary or election as provided in G.S. 163A‑1300 and election day for each primary and election.
(3) If the registered voter loses or defaces the voter's photo identification card, the registered voter may obtain a duplicate card without charge from his or her county board of elections upon request in person, or by telephone or mail.
(4) If a registered voter has a change of name and has updated his or her voter registration to reflect the new name, the registered voter may request and obtain a replacement card from the registered voter's county board of elections by providing the registered voter's date of birth and the last four digits of the registered voter's social security number in person, by telephone, or by mail.
(5) Voter photo identification cards issued must contain the following disclaimer: "Expiration of this voter photo identification card does not automatically result in the voter's voter registration becoming inactive."
(e) Ninety days prior to expiration, the county board of elections shall notify any registered voter issued a voter photographic identification card under this section of the impending expiration of the voter photographic identification card."
SECTION 1.1.(b) Voter photo identification cards, as required by G.S 163A‑869.1, as enacted by this act, shall be available on request no later than May 1, 2019. The State Board shall adopt temporary rules to implement G.S. 163A‑869.1, as enacted by this act, no later than April 15, 2019.
SECTION 1.2.(a) Article 20 of Chapter 163A of the General Statutes is amended by adding a new section to read:
"§ 163A‑1145.1. Requirement for photo identification to vote in person.
(a) Photo Identification Required to Vote. – When a registered voter presents to vote in person, the registered voter shall produce any of the following forms of identification that contain a photograph of the registered voter:
(1) Any of the following that is valid and unexpired, or has been expired for one year or less:
a. A North Carolina drivers license.
b. A special identification card for nonoperators issued under G.S. 20‑37.7 or other form of nontemporary identification issued by the Division of Motor Vehicles of the Department of Transportation.
c. A United States passport.
d. A North Carolina voter photo identification card of the registered voter issued pursuant to G.S. 163A‑869.1.
e. A tribal enrollment card issued by a State or federal recognized tribe.
g. A student identification card issued by a constituent institution of The University of North Carolina, a community college, as defined in G.S. 115D‑2(2), or eligible private postsecondary institution as defined in G.S. 116‑280(3), provided that card is issued in accordance with G.S. 163A‑1145.2.
h. An employee identification card issued by a state or local government entity, including a charter school, provided that card is issued in accordance with G.S. 163A‑1145.3.
i. A drivers license or special identification card for nonoperators issued by another state, the District of Columbia, or a territory or commonwealth of the United States, but only if the voter's voter registration was within 90 days of the election.
(2) Any of the following, regardless of whether the identification contains a printed expiration or issuance date:
a. A military identification card issued by the United States government.
b. A Veterans Identification Card issued by the United States Department of Veterans Affairs for use at Veterans Administration medical facilities.
(3) Any expired form of identification allowed in this subsection presented by a registered voter having attained the age of 65 years at the time of presentation at the voting place, provided that the identification was unexpired on the registered voter's sixty‑fifth birthday.
(b) Verification of Photo Identification. – After presentation of the required identification described in subsection (a) of this section, the precinct officials assigned to check registration shall compare the photograph contained on the required identification with the person presenting to vote. The precinct official shall verify that the photograph is that of the person seeking to vote. If the precinct official disputes that the photograph contained on the required identification is the person presenting to vote, a challenge shall be conducted in accordance with the procedures of G.S. 163A‑914. A voter shall be permitted to vote unless the judges of election present unanimously agree that the photo identification presented does not bear a reasonable resemblance to that voter.
(c) Provisional Ballot Required Without Photo Identification. – If the registered voter cannot produce the identification as required in subsection (a) of this section, the registered voter may cast a provisional ballot that is counted only if the registered voter brings an acceptable form of photograph identification listed in subsection (a) of this section to the county board of elections no later than the end of business on the business day prior to the canvass by the county board of elections as provided in G.S. 163A‑1172. The State Board shall provide the registered voter casting a provisional ballot due to failure to provide photo identification an information sheet on the deadline to return to the county board of elections to present photo identification, and what forms of photo identification are acceptable, in order for the voter's provisional ballot to be counted.
(d) Exceptions. – The following exceptions are provided for a registered voter who does not produce an acceptable form of identification as required in subsection (a):
(1) Religious Objection. – If a registered voter does not produce an acceptable form of photograph identification due to a religious objection to being photographed, the registered voter may complete an affidavit under penalty of perjury at the voting place and affirm that the registered voter: (i) is the same individual who personally appears at the voting place; (ii) will cast the provisional ballot while voting in person; and (iii) has a religious objection to being photographed. Upon completion of the affidavit, the registered voter may cast a provisional ballot.
(2) Reasonable Impediment. – If a registered voter does not produce an acceptable form of photograph identification because the registered voter suffers from a reasonable impediment that prevents the registered voter from presenting photograph identification, the registered voter may complete an affidavit under the penalty of perjury at the voting place and affirm that the registered voter: (i) is the same individual who personally appears at the voting place; (ii) will cast the provisional ballot while voting in person; and (iii) suffers from a reasonable impediment that prevents the registered voter from presenting photograph identification. The registered voter also shall complete a reasonable impediment declaration form provided in subsection (d1) of this section, unless otherwise prohibited by state or federal law. Upon completion of the affidavit, the registered voter may cast a provisional ballot.
(3) Natural Disaster. – If a registered voter does not produce an acceptable form of photograph identification due to being a victim of a natural disaster occurring within 100 days before election day that resulted in a disaster declaration by the President of the United States or the Governor of this State, the registered voter may complete an affidavit under penalty of perjury at the voting place and affirm that the registered voter: (i) is the same individual who personally appears at the voting place; (ii) will cast the provisional ballot while voting in person; and (iii) was a victim of a natural disaster occurring within 100 days before election day that resulted in a disaster declaration by the President of the United States or the Governor of this State. Upon completion of the affidavit, the registered voter may cast a provisional ballot.
(d1) Reasonable Impediment Declaration Form. – The State Board shall adopt a reasonable impediment declaration form that, at a minimum, includes the following as separate boxes that a registered voter may check to identify the registered voter's reasonable impediment:
(1) Inability to obtain photo identification due to:
a. Lack of transportation.
b. Disability or illness.
c. Lack of birth certificate or other underlying documents required.
d. Work schedule.
e. Family responsibilities.
(2) Lost or stolen photo identification.
(3) Photo identification applied for but not yet received by the registered voter voting in person.
(4) Other reasonable impediment. If the registered voter checks the "other reasonable impediment" box, a further brief written identification of the reasonable impediment shall be required, including the option to indicate that State or federal law prohibits listing the impediment.
(e) County Board Review of Exceptions. – If the county board of elections determines that the registered voter voted a provisional ballot only due to the inability to provide proof of identification and the required affidavit required in subsection (d) of this section is submitted, the county board of elections shall find that the provisional ballot is valid unless the county board has grounds to believe the affidavit is false.
(f) Purpose. – The purpose of the identification required pursuant to subsection (a) of this section is to confirm the person presenting to vote is the registered voter on the voter registration records. Any address listed on the identification is not determinative of a registered voter's residence for the purpose of voting. A registered voter's residence for the purpose of voting is determined pursuant to G.S. 163A‑842."
SECTION 1.2.(b) Article 20 of Chapter 163A of the General Statutes is amended by adding a new section to read:
"§ 163A‑1145.2. Approval of student identification cards for voting identification.
(a) The State Board shall approve the use of student identification cards issued by a constituent institution of The University of North Carolina, a community college, as defined in G.S. 115D‑2(2), or eligible private postsecondary institution as defined in G.S. 116‑280(3) for voting identification under G.S. 163A‑1145.1 if the following criteria are met:
(1) The chancellor, president, or registrar of the university or college submits a signed letter to the Executive Director of the State Board under penalty of perjury that the following are true:
a. The identification cards that are issued by the university or college contain photographs of students taken by the university or college or its agents or contractors.
b. The identification cards are issued after an enrollment process that includes methods of confirming the identity of the student that include, but are not limited to, the social security number, citizenship status, and birthdate of the student.
c. The equipment for producing the identification cards is kept in a secure location.
d. Misuse of the equipment for producing the identification cards would be grounds for student discipline or termination of an employee.
e. University or college officials would report any misuse of student identification card equipment to law enforcement if G.S. 163A‑1389(19) was potentially violated.
f. The cards issued by the university or college contain a date of expiration, effective January 1, 2021.
g. The university or college provides copies of standard identification cards to the State Board to assist with training purposes.
h. The college or university will provide a copy to students, when issuing the student identification card, of the documentation developed by the State Board on the requirements related to identification for voting; the requirements to vote absentee, early, or on election day; a description of voting by provisional ballot; and the availability of a free North Carolina voter photo identification card pursuant to G.S. 163A-869.1 to rural, military, veteran, elderly, underserved, minority, or other communities as determined by local needs; and the requirements of North Carolina residency to vote, including applicable intent requirements of North Carolina law, and the penalty for voting in multiple states.
(2) The university or college complies with any other reasonable security measures determined by the State Board to be necessary for the protection and security of the student identification process.
(b) The State Board shall approve the use of student identification cards issued by a constituent institution of The University of North Carolina, a community college, as defined in G.S. 115D‑2(2), or eligible private postsecondary institution as defined in G.S. 116‑280(3) every four years.
(c) The State Board shall produce a list of participating universities and colleges every four years. The list shall be published on the State Board's Web site and distributed to every county board of elections.
(d) If a participating college or university with a student identification card approved for use by the State Board as provided in subsection (b) of this section changes the design of the student identification card, that college or university shall provide copies of the new design of the student identification cards to the State Board to assist with training purposes."
SECTION 1.2.(c) Article 20 of Chapter 163A of the General Statutes is amended by adding a new section to read:
"§ 163A‑1145.3. Approval of employee identification cards for voting identification.
(a) The State Board shall approve the use of employee identification card issued by a state or local government entity, including a charter school, for voting identification under G.S. 163A‑1145.1 if the following criteria are met:
(1) The head elected official or lead human resources employee of the state or local government entity or charter school submits a signed letter to the Executive Director of the State Board under penalty of perjury that the following are true:
a. The identification cards that are issued by the state or local government entity contain photographs of the employees taken by the employing entity or its agents or contractors.
b. The identification cards are issued after an employment application process that includes methods of confirming the identity of the employee that include, but are not limited to, the social security number, citizenship status, and birthdate of the employee.
c. The equipment for producing the identification cards is kept in a secure location.
d. Misuse of the equipment for producing the identification cards would be grounds for termination of an employee.
e. State or local officials would report any misuse of identification card equipment to law enforcement if G.S. 163A‑1389(19) was potentially violated.
f. The cards issued by the state or local government entity contain a date of expiration, effective January 1, 2021.
g. The state or local government entity provides copies of standard identification cards to the State Board to assist with training purposes.
(2) The state or local government entity complies with any other reasonable security measures determined by the State Board to be necessary for the protection and security of the employee identification process.
(b) The State Board shall approve the use of employee identification cards issued by a state or local government entity, including a charter school, for voting identification under G.S. 163A‑1145.1 every four years.
(c) The State Board shall produce a list of participating employing entities every four years. The list shall be published on the State Board's Web site and distributed to every county board of elections."
SECTION 1.2.(d) G.S. 163A‑1307 reads as rewritten:
"§ 163A‑1307. Absentee ballots, applications on container‑return envelopes, and instruction sheets.
(a) Absentee Ballot Form. – In accordance with the provisions of G.S. 163A‑1308, persons entitled to vote by absentee ballot shall be furnished with official ballots.
(b) Application on Container‑Return Envelope. – In time for use not later than 60 days before a statewide general election in an even‑numbered year, and not later than 50 days before a statewide primary, other general election or county bond election, the county board of elections shall print a sufficient number of envelopes in which persons casting absentee ballots may transmit their marked ballots to the county board of elections. However, in the case of municipal elections, sufficient container‑return envelopes shall be made available no later than 30 days before an election. Each container‑return envelope shall have printed on it an application which shall be designed and prescribed by the State Board, providing for all of the following:
(1) The voter's certification of eligibility to vote the enclosed ballot and of having voted the enclosed ballot in accordance with this Part.
(2) A space for identification of the envelope with the voter and the voter's signature.
(3) A space for the identification of the two persons witnessing the casting of the absentee ballot in accordance with G.S. 163A‑1310, those persons' signatures, and those persons' addresses.
(4) A space for the name and address of any person who, as permitted under G.S. 163A‑1298(a), assisted the voter if the voter is unable to complete and sign the certification and that individual's signature.
(5) A space for approval by the county board of elections.
(6) A space to allow reporting of a change of name as provided by G.S. 163A‑880.
(7) A prominent display of the unlawful acts under G.S. 163A‑1298 and G.S. 163A‑1389, except if there is not room on the envelope, the State Board may provide for that disclosure to be made on a separate piece of paper to be included along with the container‑return envelope.
(8) An area to attach additional documentation necessary to comply with the identification requirements in accordance with State Board rules, as provided in G.S. 163A‑1309.
The container‑return envelope shall be printed in accordance with the instructions of the State Board.
(c) Instruction Sheets. – In time for use not later than 60 days before a statewide general election in an even‑numbered year, and not later than 50 days before a statewide primary, other general or county bond election, the county board of elections shall prepare and print a sufficient number of sheets of instructions on how voters are to prepare absentee ballots and return them to the county board of elections. However, in the case of municipal elections, instruction sheets shall be made available no later than 30 days before an election."
SECTION 1.2.(e) G.S. 163A‑1309 reads as rewritten:
"§ 163A‑1309. Method of requesting absentee ballots.
(a) Valid Types of Written Requests. – A completed written request form for an absentee ballot as required by G.S. 163A‑1308 is valid only if it is on a form created by the State Board and signed by the voter requesting absentee ballots or that voter's near relative or verifiable legal guardian. The State Board shall make the form available at its offices, online, and in each county board of elections office, and that form may be reproduced. A voter may make a request in person or by writing to the county board for the form to request an absentee ballot. The request form for an absentee ballot shall require at least the following information:
(1) The name and address of the residence of the voter.
(2) The name and address of the voter's near relative or verifiable legal guardian if that individual is making the request.
(3) The address of the voter to which the application and absentee ballots are to be mailed if different from the residence address of the voter.
(4) One or more of the following in the order of
preference:
a. The number of the voter's North Carolina
drivers license issued under Article 2 of Chapter 20 of the General Statutes,
including a learner's permit or a provisional license.
b. The number of the voter's special
identification card for nonoperators issued under G.S. 20‑37.7.
c. The last four digits of the applicant's
social security number.
The identification required in accordance with State Board rules, as provided in subsection (f) of this section.
(5) The voter's date of birth.
(6) The signature of the voter or of the voter's near relative or verifiable legal guardian if that individual is making the request.
(b) A completed request form for an absentee ballot shall be deemed a request to update the official record of voter registration for that voter and shall be confirmed in writing in accordance with G.S. 163A‑877(d).
(c) The completed request form for an absentee ballot shall be delivered to the county board of elections. If the voter does not include the information requested in subdivision (a)(4) of this section, a copy of a document listed in G.S. 163A‑1144(a)(2) shall accompany the completed request form.
(d) Upon receiving a completed request form for an absentee ballot, the county board shall confirm that voter's registration. If that voter is confirmed as a registered voter of the county, the absentee ballots and certification form shall be mailed to the voter, unless personally delivered in accordance with G.S. 163A‑1308(b). If the voter's official record of voter registration conflicts with the completed request form for an absentee ballot or cannot be confirmed, the voter shall be so notified. If the county board cannot resolve the differences, no application or absentee ballots shall be issued.
(e) Invalid Types of Written Requests. – A request is not valid if it does not comply with subsection (a) of this section. If a county board of elections receives a request for an absentee ballot that does not comply with subsection (a) of this section, the board shall not issue an application and ballot under G.S. 163A‑1308.
(f) Rules by State Board. – The State Board shall
adopt rules for the enforcement of this section.section, including
rules to provide for the forms of identification that must be included with the
written request for an absentee ballot. At a minimum, the rules shall include
the following:
(1) Acceptable forms of readable identification that are substantially similar to those required under G.S. 163A‑1145.1.
(2) A process for a voter without acceptable readable identification under subdivision (1) of this section to complete an alternative affidavit in accordance with G.S. 163A‑1145.1(d)(1), (d)(2), or (d)(3) that includes lack of access to a method to attach an electronic or physical copy of the identification card to the written request as a reasonable impediment to compliance with the identification requirement.
(3) A process for a voter to request the option to return the information required by subdivision (1) or (2) of this section with the absentee ballot container‑return envelope, as provided in G.S. 163A‑1307."
SECTION 1.2.(f) Notwithstanding G.S. 163A‑1145.1, 163A‑1145.2, and 163A‑1145.3, the State Board shall approve (i) tribal enrollment cards issued by a tribe recognized by this State under Chapter 71A of the General Statutes; (ii) student identification cards issued by a constituent institution of The University of North Carolina, a community college, as defined in G.S. 115D‑2(2), or eligible private postsecondary institution as defined in G.S. 116‑280(3); and (iii) employee identification cards issued by a state or local government entity, including a charter school, for use as voting identification under G.S. 163A‑1145.1 no later than March 15, 2019, for use in primaries and elections held in 2019 and 2020, and again no later than May 15, 2021, for elections held on or after that date. The State Board shall adopt temporary rules on reasonable security measures for use of student or employee identification cards for voting identification in G.S. 163A‑1145.2 and G.S. 163A‑1145.3 no later than February 1, 2019. The State Board shall adopt permanent rules on reasonable security measures for use of student or employee identification cards for voting identification in G.S. 163A‑1145.2 and G.S. 163A‑1145.3 no later than May 15, 2021. The State Board shall produce the initial list of participating institutions and employing entities no later than April 1, 2019.
SECTION 1.2.(g) Notwithstanding G.S. 163A‑1145.1, 163A‑1145.2, and 163A‑1145.3, a student identification card issued by a constituent institution of The University of North Carolina, a community college, as defined in G.S. 115D‑2(2), or eligible private postsecondary institution as defined in G.S. 116‑280(3) or an employee identification card issued by state or local government entity that does not contain an expiration date shall be eligible for use in any election held before January 1, 2021.
SECTION 1.2.(h) Notwithstanding G.S. 163A‑1145.1(d)(2), for elections held in 2019, any voter who does not present a photograph identification listed as acceptable in G.S. 163A‑1145.1(a) when presenting to vote in person shall be allowed to complete a reasonable impediment affidavit and cast a provisional ballot, listing as the impediment not being aware of the requirement to present photograph identification when voting in person or failing to bring photograph identification to the voting place.
SECTION 1.2.(i) The State Board of Elections and Ethics Enforcement shall develop temporary rules in accordance with G.S. 163A‑1309, as amended by this section, no later than July 1, 2019, and permanent rules no later than January 1, 2020. In the development of these rules, the State Board shall consult with Disability Rights North Carolina to develop forms and instructions that are accessible to the disabled community. At least 14 days prior to adoption of the temporary and permanent rules, the State Board shall report to the Joint Legislative Elections Oversight Committee on the content of the proposed rules. In addition, the State Board shall report to the Joint Legislative Elections Oversight Committee no later than March 1, 2019, on the following:
(1) Any other recommendations to secure the absentee voting by mail process, including, but not limited, to the following:
a. Increasing the potential criminal penalty for violations of that process.
b. Increasing training and education for absentee voters by mail.
c. Improved technological or administrative methods to ensure the proper chain of custody of absentee voting by mail.
(2) Any recommended statutory changes related to security of absentee voting by mail, including legislation recommended for implementation of subsections (d) and (e) of this section.
SECTION 1.3.(a) G.S. 20‑37.7 reads as rewritten:
"§ 20‑37.7. Special identification card.
…
(d) Expiration and Fee. – A special identification card issued to a person for the first time under this section expires when a drivers license issued on the same day to that person would expire. A special identification card renewed under this section expires when a drivers license renewed by the card holder on the same day would expire.
The fee for a special identification card is the same as the fee set in G.S. 20‑14 for a duplicate license. The fee does not apply to a special identification card issued to a resident of this State as follows:
(1) The applicant is legally blind.
(2) The applicant is at least
70 17 years old.
(3) The applicant or who has been issued a drivers license but the drivers license is cancelled under G.S. 20‑15, in accordance with G.S. 20‑9(e) and (g), as a result of a physical or mental disability or disease.
(4) The applicant is homeless. To obtain a special identification card without paying a fee, a homeless person must present a letter to the Division from the director of a facility that provides care or shelter to homeless persons verifying that the person is homeless.
(5) The applicant is registered to vote in this
State and does not have photo identification acceptable under G.S. 163A‑1145.
To obtain a special identification card without paying a fee, a registered
voter shall sign a declaration stating the registered voter is registered and
does not have other photo identification acceptable under G.S. 163A‑1145.
The Division shall verify that voter registration prior to issuing the special
identification card. Any declaration shall prominently include the penalty
under G.S. 163A‑1389(13) for falsely making the declaration.
(6) The applicant is appearing before the Division
for the purpose of registering to vote in accordance with G.S. 163A‑883
and does not have other photo identification acceptable under G.S. 163A‑1145.
To obtain a special identification card without paying a fee, that applicant
shall sign a declaration stating that applicant is registering to vote and does
not have other photo identification acceptable under G.S. 163A‑1145.
Any declaration shall prominently include the penalty under G.S. 163A‑1389(13)
for falsely making the declaration.
(7) The applicant has a developmental disability. To obtain a special identification card without paying a fee pursuant to this subdivision, an applicant must present a letter from his or her primary care provider certifying that the applicant has a developmental disability. For purposes of this subdivision, the term "developmental disability" has the same meaning as in G.S. 122C‑3.
…
(d2) Notwithstanding subsection (b) of this section, for a person whose valid drivers license, permit, or endorsement, is required to be seized or surrendered due to cancellation, disqualification, suspension, or revocation under applicable State law, the Division shall issue a special identification card to that person without application, if eligible to receive a special identification card, upon receipt by the Division of the seized or surrendered document. The Division shall issue and mail, via first‑class mail to that person's address on file, a special identification card pursuant to this subsection at no charge.
…."
SECTION 1.3.(b) The issuance of special identification cards without application for any person whose valid drivers license, permit, or endorsement is received by the Division upon seizure or surrender, as required by G.S. 20‑37.7(d2), as enacted by this act, shall begin no later than May 1, 2019.
SECTION 1.4.(a) G.S. 163A‑1137(a) reads as rewritten:
"(a) Checking
Registration. – A person seeking to vote shall enter the voting enclosure
through the appropriate entrance. A precinct official assigned to check
registration shall at once ask the voter to state current name and residence
address. The voter shall answer by stating current name and residence address
and presenting photo identification in accordance with G.S. 163A‑1145.G.S. 163A‑1145.1.
In a primary election, that voter shall also be asked to state, and shall
state, the political party with which the voter is affiliated or, if
unaffiliated, the authorizing party in which the voter wishes to vote. After
examination, that official shall state whether that voter is duly registered to
vote in that precinct and shall direct that voter to the voting equipment or to
the official assigned to distribute official ballots. If a precinct official
states that the person is duly registered, the person shall sign the pollbook, other
voting record, or voter authorization document in accordance with subsection
(c) of this section before voting."
SECTION 1.4.(b) G.S. 163A‑1300(b) reads as rewritten:
"(b) Not earlier than the
third Wednesday before an election, in which absentee ballots are authorized,
in which a voter seeks to vote and not later than 7:00 P.M. on the last Friday
before that election, the voter shall appear in person only at the office of
the county board of elections, except as provided in G.S. 163A‑1303.
That voter shall enter the voting enclosure at the board office through the
appropriate entrance and shall at once state his or her name and place of
residence to an authorized member or employee of the board and present photo
identification in accordance with G.S. 163A‑1145.G.S. 163A‑1145.1.
In a primary election, the voter shall also state the political party with
which the voter affiliates and in whose primary the voter desires to vote, or
if the voter is an unaffiliated voter permitted to vote in the primary of a
particular party under G.S. 163A‑989, the voter shall state the name
of the authorizing political party in whose primary he wishes to vote. The
board member or employee to whom the voter gives this information shall
announce the name and residence of the voter in a distinct tone of voice. After
examining the registration records, an employee of the board shall state
whether the person seeking to vote is duly registered. If the voter is found to
be registered that voter may request that the authorized member or employee of
the board furnish the voter with an application form as specified in
G.S. 163A‑1391. The voter shall complete the application in the
presence of the authorized member or employee of the board, and shall deliver
the application to that person."
SECTION 1.4A. G.S. 163A‑741 is amended by adding a new subsection to read:
"(o1) The State Board shall include in all forms prepared by the Board a prominent statement that submitting fraudulently or falsely completed declarations is a Class I felony under Chapter 163A of the General Statutes."
SECTION 1.5.(a) The Bipartisan State Board of Elections and Ethics Enforcement (State Board) shall establish an aggressive voter education program concerning the provisions contained in this legislation. The State Board shall educate the public as follows:
(1) Post information concerning changes contained in this legislation in a conspicuous location at each county board of elections, the State Board's office, and their respective websites.
(2) Train precinct officials at training sessions required as provided in G.S. 163A‑889 to answer questions by voters concerning the changes in this legislation.
(3) Require documentation describing the changes in this legislation to be disseminated by precinct officials at every election held following the effective date of this act.
(4) Coordinate with each county board of elections so that at least two seminars are conducted in each county prior to September 1, 2019.
(5) Coordinate with local and service organizations to provide for additional informational seminars at a local or statewide level.
(6) Coordinate with local media outlets, county boards of commissions, and county boards of elections to disseminate information in a way that would reasonably inform the public concerning the changes in this legislation. In executing these duties, the Board shall ensure that it makes necessary efforts to inform the public regarding the provisions of this act; the requirements to vote absentee, early, or on election day; a description of voting by provisional ballot; and the availability of a free North Carolina voter photo identification card pursuant to G.S. 163A‑869.1 to rural, military, veteran, elderly, underserved, minority, or other communities as determined by local needs.
(7) In conducting the educational program under this section, the educational program shall, when appropriate, inform the public regarding the requirements of North Carolina residency to vote, including applicable intent requirements of North Carolina law, and the penalty for voting in multiple states.
(7a) Make available on the State Board's Web site a document that provides the information in subdivisions (6) and (7) of this subsection regarding the provisions of this act; the requirements to vote absentee, early, or on election day; a description of voting by provisional ballot; and the availability of a free North Carolina voter photo identification card pursuant to G.S. 163A-869.1 to rural, military, veteran, elderly, underserved, minority, or other communities as determined by local needs; and the requirements of North Carolina residency to vote, including applicable intent requirements of North Carolina law, and the penalty for voting in multiple states.
(8) Notify each registered voter who does not have a North Carolina issued drivers license or identification card a notice of the provisions of this act by no later than September 1, 2019. This notice must include the requirements to vote absentee, early, or on election day and a description of voting by provisional ballot. It must also state the availability of a free North Carolina voter photo identification card pursuant to G.S. 163A‑869.1.
(9) Mail information to all North Carolina residential addresses, in the same manner as the Judicial Voter Guide, twice in 2019 and twice in 2020 that, at a minimum, describes forms of acceptable photo identification when presenting to vote in person, the options for provisional voting for registered voters who do not present the required photo identification, and a description of voting mail‑in absentee.
(10) Prominently place the following statement in all voter education materials mailed to citizens and on informational posters displayed at one‑stop voting sites and precincts on election day: "All registered voters will be allowed to vote with or without a photo ID card. When voting in person, you will be asked to present a valid photo identification card. If you do not have a valid photo ID card, you may obtain one from your county board of elections prior to the election, through the end of the early voting period. If you do not have a valid photo ID card on election day, you may still vote and have your vote counted by signing an affidavit of reasonable impediment as to why you have not presented a valid photo ID."
(11) In addition to the items above, the State Board may implement additional educational programs in its discretion.
SECTION 1.5.(b) The State Board is directed to create a list containing all registered voters of North Carolina who are otherwise qualified to vote but do not have a North Carolina drivers license or other form of identification containing a photograph issued by the Division of Motor Vehicles of the Department of Transportation, as of September 1, 2019. The list must be made available to any registered voter upon request. The State Board may charge a reasonable fee for the provision of the list in order to recover associated costs of producing the list. The Division of Motor Vehicles must provide the list of persons with a North Carolina drivers license or other form of identification containing a photograph issued by the Division of Motor Vehicles at no cost to the State Board.
SECTION 1.5.(c) County boards of elections shall make available information describing the changes in this legislation, including acceptable forms of photograph identification, to all voters in the 2019 municipal primary and election and at the 2020 primary election.
SECTION 1.5.(d) By September 1, 2019, the State Board of Elections and Ethics Enforcement shall review, update, and make further recommendations to the Joint Legislative Elections Oversight Committee on steps to implement the use of electronic and digital information in all polling places statewide. The review shall address all of the following:
(1) Obtaining digital photographs of registered voters and verifying identity of those voters, including transfer of digital photographs for registered voters held by the Department of Transportation, Division of Motor Vehicles.
(2) Maintaining information stored electronically in a secure fashion.
(3) Utilizing electronically stored information, including digital photographs and electronic signatures, to create electronic pollbooks.
(4) Using electronic pollbooks to assist in identifying individuals attempting to vote more than once in an election.
(5) A proposed plan for a pilot project to implement electronic pollbooks, including the taking of digital photographs at the polling place to supplement the electronic pollbooks.
(6) Any other related matter identified by the State Board impacting the use of digital and electronic information in the voting place.
part II: Repeal of uncodified sections of the voter information verification act
SECTION 2.(a) Sections 1.1, 5.2, 5.4, and 5.5 of S.L. 2013‑381 are repealed.
SECTION 2.(b) Section 5.3 of S.L. 2013‑381, as amended by Section 8.(g) of S.L. 2015‑103, is repealed.
part III: repeal of codified sections of the voter information verification act and related statutes
SECTION 3.1.(a) G.S. 163A‑868 is repealed.
SECTION 3.1.(b) G.S. 163A‑869(e) reads as rewritten:
"(e) Display of Card May
Not Be Required to Vote. – No county board of elections may require that a
voter registration card be displayed in order to vote. A county board of
elections may notify a voter that the voter's registration card may be used for
the required identification in conjunction with a reasonable impediment
declaration in accordance with G.S. 163A‑1147."
SECTION 3.1.(c) G.S. 163A‑913 reads as rewritten:
"§ 163A‑913. Challenges allowed on day of primary or election.
On the day of a primary or election, at the time a registered voter offers to vote, any other registered voter of the county may exercise the right of challenge, and when the voter does so may enter the voting enclosure to make the challenge, but the voter shall retire therefrom as soon as the challenge is heard.
On the day of a primary or election, any other registered voter of the county may challenge a person for one or more of the following reasons:
(1) One or more of the reasons listed in G.S. 163A‑911(c).
(2) That the person has already voted in that primary or election.
(3) If the challenge is made with respect to voting in a partisan primary, that the person is a registered voter of another political party.
(4) Except as provided in G.S. 163A‑1145(d)
and G.S. 163A‑1146, the voter does not present photo identification
in accordance with G.S. 163A‑1145.
(4a) The registered voter does not present photo identification in accordance with G.S. 163A‑1145.1.
The chief judge, judge, or assistant appointed under G.S. 163A‑815 or 163A‑818 may enter challenges under this section against voters in the precinct for which appointed regardless of the place of residence of the chief judge, judge, or assistant.
If a person is challenged under this subsection, and the challenge is sustained under G.S. 163A‑911(c)(3), the voter may still transfer that voter's registration under G.S. 163A‑878(e) if eligible under that section, and the registration shall not be cancelled under G.S. 163A‑919(a) if the transfer is made. A person who has transferred that voter's registration under G.S. 163A‑911(c)(3) may be challenged at the precinct to which the registration is being transferred."
SECTION 3.1.(d) G.S. 163A‑1140(b) is repealed.
SECTION 3.1.(e) G.S. 163A‑1145 is repealed.
SECTION 3.1.(f) G.S. 163A‑1146 is repealed.
SECTION 3.1.(g) G.S. 163A‑1147 is repealed.
SECTION 3.1.(h) G.S. 163A‑1167 is repealed.
SECTION 3.1.(i) G.S. 163A‑1168 is repealed.
SECTION 3.1.(j) G.S. 163A‑1301 is repealed.
SECTION 3.2.(a) G.S. 130A‑93.1(c) reads as rewritten:
"(c) Upon verification of
voter registration, the State Registrar shall not charge any fee under
subsection (a) of this section to a registered voter who signs a declaration
stating the registered voter is registered to vote in this State and does not
have a certified copy of that registered voter's birth certificate or marriage
license necessary to obtain photo identification acceptable under G.S. 163A‑1145.
G.S. 163A‑1145.1. Any declaration shall prominently
include the penalty under G.S. 163A‑1389(13) for falsely or
fraudulently making the declaration."
SECTION 3.2.(b) G.S. 161‑10(a)(8) reads as rewritten:
"(8) Certified Copies of
Birth and Death Certificates and Marriage Licenses. – For furnishing a
certified copy of a death or birth certificate or marriage license ten dollars
($10.00). Provided however, a register of deeds, in accordance with
G.S. 130A‑93, may issue without charge a certified birth certificate
to any person over the age of 62 years. Provided, however, upon verification of
voter registration, a register of deeds, in accordance with G.S. 130A‑93,
shall issue without charge a certified copy of a birth certificate or a
certified copy of a marriage license to any registered voter who declares the
registered voter is registered to vote in this State and does not have a
certified copy of that registered voter's birth certificate or marriage license
necessary to obtain photo identification acceptable under G.S. 163A‑1145.
G.S. 163A‑1145.1. Any declaration shall prominently
include the penalty under G.S. 163A‑1389(13) for falsely or
fraudulently making the declaration."
SECTION 3.2.(c) G.S. 163A‑1389(13) reads as rewritten:
"(13) For any person falsely
to make or present any certificate or other paper to qualify any person
fraudulently as a voter, or to attempt thereby to secure to any person the
privilege of voting, including declarations made under this Subhapter,
G.S. 20‑37.7(d)(5), 20‑37.7(d)(6), 130A‑93.1(c), Subchapter,
G.S. 130A‑93.1(c), and G.S. 161‑10(a)(8)."
SECTION 3.2.(d) G.S. 163A‑1389 is amended by adding a new subdivision to read:
"(19) To counterfeit, sell, lend to, or knowingly permit the use of, by one not entitled thereto, a form of photo identification provided in G.S. 163A‑1145.1 for the purposes of voting."
SECTION 3.3. G.S. 163A‑821 reads as rewritten:
"§ 163A‑821. Observers; appointment.
(a) The chair of each
political party in the county shall have the right to designate two observers
to attend each voting place at each primary and election and such observers
may, at the option of the designating party chair, be relieved during the day
of the primary or election after serving no less than four hours and provided
the list required by this section to be filed by each chair contains the names
of all persons authorized to represent such chair's political party. The chair
of each political party in the county shall have the right to designate 10
additional at‑large observers who are residents of that county who may
attend any voting place in that county. The chair of each political party in
the State shall have the right to designate up to 100 additional at‑large
observers who are residents of the State who may attend any voting place in the
State. The list submitted by the chair of the political party may be
amended between the one‑stop period under G.S. 163A‑1300, 163A‑1301,
163A‑1302, 163A‑1303, and 163A‑1304 and general election
day to substitute one or all at‑large observers for election day. Not
more than two observers from the same political party shall be permitted in the
voting enclosure at any time, except that in addition one of the at‑large
observers from each party may also be in the voting enclosure. This right shall
not extend to the chair of a political party during a primary unless that party
is participating in the primary. In any election in which an unaffiliated
candidate is named on the ballot, the candidate or the candidate's campaign
manager shall have the right to appoint two observers for each voting place
consistent with the provisions specified herein. Persons appointed as observers
by the chair of a county political party must be registered voters of
the county for which appointed and must have good moral character. Persons
appointed as observers by the chair of a State political party must be
registered voters of the State and must have good moral character. No
person who is a candidate on the ballot in a primary or election may serve as
an observer or runner in that primary or election. Observers shall take no oath
of office.
(b) Individuals authorized to appoint observers must submit in writing to the chief judge of each precinct a signed list of the observers appointed for that precinct, except that the list of at‑large observers authorized in subsection (a) of this section shall be submitted to the county director of elections. Individuals authorized to appoint observers must, prior to 10:00 A.M. on the fifth day prior to any primary or general election, submit in writing to the chair of the county board of elections two signed copies of a list of observers appointed by them, designating the precinct or at‑large status for which each observer is appointed. Before the opening of the voting place on the day of a primary or general election, the chair shall deliver one copy of the list to the chief judge for each affected precinct, except that the list of at‑large observers shall be provided by the county director of elections to the chief judge. The chair shall retain the other copy. The chair, or the chief judge and judges for each affected precinct, may for good cause reject any appointee and require that another be appointed. The names of any persons appointed in place of those persons rejected shall be furnished in writing to the chief judge of each affected precinct no later than the time for opening the voting place on the day of any primary or general election, either by the chair of the county board of elections or the person making the substitute appointment.
If party chairs appoint observers
at one‑stop sites under G.S. 163A‑1300, 163A‑1301, 163A‑1302,
163A‑1303, and 163A‑1304, those party chairs shall provide a list
of the observers appointed before 10:00 A.M. on the fifth day before the
observer is to observe. At‑large observers may serve at any one‑stop
site.
…."
SECTION 3.4.(a) G.S. 163A‑867(g)(2) reads as rewritten:
"(2) If the Postal Service
has returned as undeliverable a notice sent within 25 days before the election
to the applicant under subsection (c) of this section, then the applicant may
vote only in person in that first election and may not vote by absentee ballot
except in person under G.S. 163A‑1300, 163A‑1301, 163A‑1302,
163A‑1303, and 163A‑1304. The county board of elections shall
establish a procedure at the voting site for:
a. Obtaining the correct address of any person described in this subdivision who appears to vote in person; and
b. Assuring that the person votes in the proper place and in the proper contests.
If a notice mailed under subsection (c) or subsection (e) of this section is returned as undeliverable after a person has already voted by absentee ballot, then that person's ballot may be challenged in accordance with G.S. 163A‑916."
SECTION 3.4.(b) G.S. 163A‑1133(b) reads as rewritten:
"(b) Photographing Voters
Prohibited. – No person shall photograph, videotape, or otherwise record the
image of any voter within the voting enclosure, except with the permission of
both the voter and the chief judge of the precinct. If the voter is a
candidate, only the permission of the voter is required. This subsection shall
also apply to one‑stop sites under G.S. 163A‑1300, 163A‑1301,
163A‑1302, 163A‑1303, and 163A‑1304. This subsection does
not apply to cameras used as a regular part of the security of the facility
that is a voting place or one‑stop site."
SECTION 3.4.(c) G.S. 163A‑1134(e) reads as rewritten:
"(e) Buffer Zone and Area
for Election‑Related Activity at One‑Stop Sites. – Except as
modified in this subsection, the provisions of this section shall apply to one‑stop
voting sites in G.S. 163A‑1300, 163A‑1301, 163A‑1302,
163A‑1303, and 163A‑1304.
(1) Subsection (c) of this section shall not apply.
(2) The notice in subsection (d) of this section shall be provided no later than 10 days before the opening of one‑stop voting at the site."
SECTION 3.4.(d) G.S. 163A‑1298(a) reads as rewritten:
"(a) Any person who shall, in connection with absentee voting in any election held in this State, do any of the acts or things declared in this section to be unlawful, shall be guilty of a Class I felony. It shall be unlawful:
(1) For any person except the
voter's near relative or the voter's verifiable legal guardian to assist the
voter to vote an absentee ballot when the voter is voting an absentee ballot
other than under the procedure described in G.S. 163A‑1300, 163A‑1301,
163A‑1302, 163A‑1303, and 163A‑1304; provided that if
there is not a near relative or legal guardian available to assist the voter,
the voter may request some other person to give assistance.
(2) For any person to assist
a voter to vote an absentee ballot under the absentee voting procedure
authorized by G.S. 163A‑1300, 163A‑1301, 163A‑1302,
163A‑1303, and 163A‑1304 except as provided in that section.
(3) For a voter who votes an
absentee ballot under the procedures authorized by G.S. 163A‑1300, 163A‑1301,
163A‑1302, 163A‑1303, and 163A‑1304 to vote that voter's
absentee ballot outside of the voting booth or private room provided to the
voter for that purpose in or adjacent to the office of the county board of
elections or at the additional site provided by G.S. 163A‑1302, or
to receive assistance except as provided in G.S. 163A‑1300, 163A‑1301,
163A‑1302, 163A‑1303, and 163A‑1304.
…."
SECTION 3.4.(e) G.S. 163A‑1300(a) reads as rewritten:
"(a) Any voter eligible
to vote by absentee ballot under G.S. 163A‑1295 may request an
application for absentee ballots, complete the application, and vote under the
provisions of this section and G.S. 163A‑1301, 163A‑1302,G.S. 163A‑1302,
163A‑1303, and 163A‑1304."
SECTION 3.4.(f) G.S. 163A‑1300(i) reads as rewritten:
"(i) Notwithstanding the
provisions of G.S. 163A‑916(a) and (b), a challenge may be entered
against a voter at a one‑stop site under G.S. 163A‑1303 or
during one‑stop voting at the county board office. The challenge may be
entered by a person conducting one‑stop voting under this section and G.S. 163A‑1301,
163A‑1302,G.S. 163A‑1302, 163A‑1303, and 163A‑1304
or by another registered voter who resides in the same precinct as the voter
being challenged. If challenged at the place where one‑stop voting
occurs, the voter shall be allowed to cast a ballot in the same way as other
voters. The challenge shall be made on forms prescribed by the State Board. The
challenge shall be heard by the county board of elections in accordance with
the procedures set forth in G.S. 163A‑916(e)."
SECTION 3.4.(g) G.S. 163A‑1303 reads as rewritten:
"§ 163A‑1303. Sites and hours for one‑stop voting.
(a) Notwithstanding any
other provision of G.S. 163A‑1300, 163A‑1301, 163A‑1302,
this section, and G.S. 163A‑1304, a county board of elections by
unanimous vote of all its members may provide for one or more sites in that
county for absentee ballots to be applied for and cast under these sections.
Every individual staffing any of those sites shall be a member or full‑time
employee of the county board of elections or an employee of the county board of
elections whom the board has given training equivalent to that given a full‑time
employee. Those sites must be approved by the State Board as part of a Plan for
Implementation approved by both the county board of elections and by the State
Board which shall also provide adequate security of the ballots and provisions
to avoid allowing persons to vote who have already voted. The Plan for
Implementation shall include a provision for the presence of political party
observers at each one‑stop site equivalent to the provisions in
G.S. 163A‑821 for party observers at voting places on election day.
A county board of elections may propose in its Plan not to offer one‑stop
voting at the county board of elections office; the State Board may approve
that proposal in a Plan only if the Plan includes at least one site reasonably
proximate to the county board of elections office and the State Board finds
that the sites in the Plan as a whole provide adequate coverage of the county's
electorate. If a county board of elections has considered a proposed Plan or
Plans for Implementation and has been unable to reach unanimity in favor of a
Plan, a member or members of that county board of elections may petition the
State Board to adopt a plan for it. If petitioned, the State Board may also
receive and consider alternative petitions from another member or members of
that county board. The State Board may adopt a Plan for that county. The State
Board, in that plan, shall take into consideration factors including
geographic, demographic, and partisan interests of that county.
(b) The State Board shall
not approve, either in a Plan approved unanimously by a county board of
elections or in an alternative Plan proposed by a member or members of that
board, a one‑stop site in a building that the county board of elections
is not entitled under G.S. 163A‑1046 to demand and use as an
election‑day voting place, unless the State Board finds that other
equally suitable sites were not available and that the use of the sites chosen
will not unfairly advantage or disadvantage geographic, demographic, or
partisan interests of that county. In providing the site or sites for one‑stop
absentee voting under G.S. 163A‑1300, 163A‑1301, 163A‑1302,
this section, and G.S. 163A‑1304, the county board of elections
shall make a request to the State, county, city, local school board, or other
entity in control of the building that is supported or maintained, in whole or
in part, by or through tax revenues at least 90 days prior to the start of one‑stop
absentee voting under these sections. The request shall clearly identify the
building, or any specific portion thereof, requested the dates and times for
which that building or specific portion thereof is requested and the
requirement of an area for election related activity. If the State, local
governing board, or other entity in control of the building does not respond to
the request within 20 days, the building or specific portion thereof may be
used for one‑stop absentee voting as stated in the request. If the State,
local governing board, or other entity in control of the building or specific
portion thereof responds negatively to the request within 20 days, that entity
and the county board of elections shall, in good faith, work to identify a
building or specific portion thereof in which to conduct one‑stop
absentee voting under G.S. 163A‑1300, 163A‑1301, 163A‑1302,
this section, and G.S. 163A‑1304. If no building or specific portion
thereof has been agreed upon within 45 days from the date the county board of
elections received a response to the request, the matter shall be resolved by
the State Board.
…."
SECTION 3.4.(h) G.S. 163A‑1306 reads as rewritten:
"§ 163A‑1306. Register of absentee requests, applications, and ballots issued; a public record.
The State Board shall approve an official register in which the county board of elections in each county of the State shall record the following information:
(1) Name of voter for whom application and ballots are being requested, and, if applicable, the name and address of the voter's near relative or verifiable legal guardian who requested the application and ballots for the voter.
(2) Number of assigned voter's application when issued.
(3) Precinct in which applicant is registered.
(4) Address to which ballots
are to be mailed, or, if the voter voted pursuant to G.S. 163A‑1300,
163A‑1301, 163A‑1302, 163A‑1303, and 163A‑1304,
a notation of that fact.
(5) Date request for application for ballots is received by the county board of elections.
(6) The voter's party affiliation.
(7) The date the ballots were mailed or delivered to the voter.
(8) Whatever additional information and official action may be required by this Part.
The State Board may provide for the register to be kept by electronic data processing equipment, and a copy shall be printed out each business day or a supplement printed out each business day of new information.
The register of absentee requests, applications and ballots issued shall constitute a public record and shall be opened to the inspection of any registered voter of the county within 60 days before and 30 days after an election in which absentee ballots were authorized, or at any other time when good and sufficient reason may be assigned for its inspection."
SECTION 3.4.(i) G.S. 163A‑1308(c) reads as rewritten:
"(c) Delivery of Absentee Ballots and Container‑Return Envelope to Applicant. – When the county board of elections receives a completed request form for applications and absentee ballots, the board shall promptly issue and transmit them to the voter in accordance with the following instructions:
(1) On the top margin of each ballot the applicant is entitled to vote, the chair, a member, officer, or employee of the board of elections shall write or type the words "Absentee Ballot No. ____ " or an abbreviation approved by the State Board and insert in the blank space the number assigned the applicant's application in the register of absentee requests, applications, and ballots issued. That person shall not write, type, or print any other matter upon the ballots transmitted to the absentee voter. Alternatively, the board of elections may cause to be barcoded on the ballot the voter's application number, if that barcoding system is approved by the State Board.
(2) The chair, member, officer, or employee of the board of elections shall fold and place the ballots (identified in accordance with the preceding instruction) in a container‑return envelope and write or type in the appropriate blanks thereon, in accordance with the terms of G.S. 163A‑1307(b), the absentee voter's name, the absentee voter's application number, and the designation of the precinct in which the voter is registered. If the ballot is barcoded under this section, the envelope may be barcoded rather than having the actual number appear. The person placing the ballots in the envelopes shall leave the container‑return envelope holding the ballots unsealed.
(3) The chair, member, officer, or employee of the board of elections shall then place the unsealed container‑return envelope holding the ballots together with printed instructions for voting and returning the ballots, in an envelope addressed to the voter at the post office address stated in the request, seal the envelope, and mail it at the expense of the county board of elections: Provided, that in case of a request received after 5:00 p.m. on the Tuesday before the election under the provisions of subsection (b) of this section, in lieu of transmitting the ballots to the voter in person or by mail, the chair, member, officer, or employee of the board of elections may deliver the sealed envelope containing the instruction sheet and the container‑return envelope holding the ballots to a near relative or verifiable legal guardian of the voter.
The county board of elections may
receive completed written request forms for applications at any time prior to
the election but shall not mail applications and ballots to the voter or issue
applications and ballots in person earlier than 60 days prior to the statewide
general election in an even‑numbered year, or earlier than 50 days prior
to any other election, except as provided in G.S. 163A‑1300, 163A‑1301,
163A‑1302, 163A‑1303, and 163A‑1304. No election official
shall issue applications for absentee ballots except in compliance with this
Part."
SECTION 3.4.(j) G.S. 163A‑1310(c) reads as rewritten:
"(c) For purposes of this
section, "Delivered in person" includes delivering the ballot to an
election official at a one‑stop voting site under G.S. 163A‑1300,
163A‑1301, 163A‑1302, 163A‑1303, and 163A‑1304
during any time that site is open for voting. The ballots shall be kept
securely and delivered by election officials at that site to the county board
of elections office for processing."
SECTION 3.4.(k) G.S. 163A‑1315 reads as rewritten:
"§ 163A‑1315. Counting absentee ballots by county board of elections.
All absentee ballots returned to the county board of elections in the container‑return envelopes shall be retained by the board to be counted by the county board of elections as herein provided.
…
(6) As each ballot envelope
is opened, the board shall cause to be entered into a pollbook designated
"Pollbook of Absentee Voters" the name of the absentee voter, or if
the pollbook is computer‑generated, the board shall check off the name.
Preserving secrecy, the ballots shall be placed in the appropriate ballot
boxes, at least one of which shall be provided for each type of ballot. The
"Pollbook of Absentee Voters" shall also contain the names of all
persons who voted under G.S. 163A‑1300, 163A‑1301,163A‑1302,
163A‑1303, and 163A‑1304, but those names may be printed by
computer for inclusion in the pollbook.
After all ballots have been placed in the boxes, the counting process shall begin.
If one‑stop
ballots under G.S. 163A‑1300, 163A‑1301, 163A‑1302,
163A‑1303, and 163A‑1304 are counted electronically, that count
shall commence at the time the polls close. If one‑stop ballots are paper
ballots counted manually, that count shall commence at the same time as other
absentee ballots are counted.
If a challenge transmitted to the board on canvass day by a chief judge is sustained, the ballots challenged and sustained shall be withdrawn from the appropriate boxes, as provided in G.S. 163A‑916(e).
As soon as the absentee ballots have been counted and the names of the absentee voters entered in the pollbook as required herein, the board members and assistants employed to count the absentee ballots shall each sign the pollbook immediately beneath the last absentee voter's name entered therein. The county board of elections shall be responsible for the safekeeping of the pollbook of absentee voters.
(7) Upon completion of the
counting process the board members shall cause the results of the tally to be
entered on the absentee abstract prescribed by the State Board. The abstract
shall be signed by the members of the board in attendance and the original
mailed immediately to the State Board. The county board of elections may have a
separate count on the abstract for one‑stop absentee ballots under
G.S. 163A‑1300, 163A‑1301, 163A‑1302, 163A‑1303,
and 163A‑1304.
…."
SECTION 3.4.(l) G.S. 163A‑1368 reads as rewritten:
"§ 163A‑1368. Absentee voting at office of board of elections.
Notwithstanding any other
provisions of this Subchapter, any covered voter under this Part shall be
permitted to vote an absentee ballot pursuant to G.S. 163A‑1300, 163A‑1301,
163A‑1302, 163A‑1303, and 163A‑1304 if the covered voter
has not already voted an absentee ballot which has been returned to the board
of elections, and if the covered voter will not be in the county on the day of
the primary or election.
In the event an absentee
application or ballot has already been mailed to the covered voter applying to
vote pursuant to G.S. 163A‑1300, 163A‑1301, 163A‑1302,
163A‑1303, and 163A‑1304, the board of elections shall void the
application and ballot unless the voted absentee ballot has been received by
the board of elections. The covered voter shall be eligible to vote pursuant to
G.S. 163A‑1300, 163A‑1301, 163A‑1302, 163A‑1303,
and 163A‑1304 no later than 5:00 P.M. on the day next preceding the
primary, second primary or election."
SECTION 3.4.(m) G.S. 163A‑1411(41) reads as rewritten:
"(41) The term "electioneering communication" means any broadcast, cable, or satellite communication, or mass mailing, or telephone bank that has all the following characteristics:
a. Refers to a clearly identified candidate for elected office.
b. In the case of the
general election in November of the even‑numbered year is aired or
transmitted after September 7 of that year, and in the case of any other
election is aired or transmitted within 60 days of the time set for absentee
voting to begin pursuant to G.S. 163A‑1300, 163A‑1301, 163A‑1302,
163A‑1303, and 163A‑1304 in an election for that office.
c. May be received by either:
1. 50,000 or more individuals in the State in an election for statewide office or 7,500 or more individuals in any other election if in the form of broadcast, cable, or satellite communication.
2. 20,000 or more households, cumulative per election, in a statewide election or 2,500 households, cumulative per election, in any other election if in the form of mass mailing or telephone bank."
SECTION 3.4.(n) G.S. 163A‑1520(a) reads as rewritten:
"(a) Judicial Voter
Guide. – The State Board shall publish a Judicial Voter Guide that explains the
functions of the appellate courts and the laws concerning the election of
appellate judges, the purpose and function of the Public Campaign Fund, and the
laws concerning voter registration. The State Board shall distribute the Guide
to as many voting‑age individuals in the State as practical, through a
mailing to all residences or other means it deems effective. The distribution
shall occur no more than 28 days nor fewer than seven days before the one‑stop
voting period provided in G.S. 163A‑1300, 163A‑1301, 163A‑1302,
163A‑1303, and 163A‑1304 for the primary and no more than 28 days
nor fewer than seven days before the one‑stop voting period provided in
G.S. 163A‑1300, 163A‑1301, 163A‑1302, 163A‑1303,
and 163A‑1304 for the general election."
PART IV. APPROPRIATION
SECTION 4.(a) There is appropriated from the General Fund to the State Board of Elections and Ethics Enforcement the sum of two million two hundred fifty thousand dollars ($2,250,000) for the 2018‑2019 fiscal year. Of the funds appropriated, the sum of seven hundred fifty thousand dollars ($750,000) shall be used to implement the provisions of this act and may be used to create temporary positions at the State Board of Elections and Ethics Enforcement. The State Board of Elections and Ethics Enforcement shall transfer to the Highway Fund one million five hundred thousand dollars ($1,500,000) for the 2018‑2019 fiscal year to address the loss of revenues resulting from implementation of this act.
SECTION 4.(b) There is appropriated from the General Fund to the North Carolina Public Campaign Fund the sum of eight hundred fifty thousand dollars ($850,000) for the 2018‑2019 fiscal year. Notwithstanding any other law to the contrary, the State Board of Elections and Ethics Enforcement shall allocate these funds to county boards of elections for maintenance grants for printing equipment or to assist in the implementation of this act.
PART V. effective date
SECTION 5. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 6th day of December, 2018.
s/ Philip E. Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
VETO Roy Cooper
Governor
Became law notwithstanding the objections of the Governor at 3:39 p.m. this 19th day of December, 2018.
s/ James White
House Principal Clerk
